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HomeMy WebLinkAboutContract #: 016691 - From: 06-30-2014 To: - Law Enforcement Intelligent Devices, LLC - Town of North AndoverLri s URBELIS & FIELDSTEEL, LlY 155 FEDERAL STREET BOSTON, MASSACHUSETTS 02110-1727 CAROL HAJJAR McGRAvEY OF COUNSEL e-mail chm@uf-law.com September 20, 2011 Raymond Santilli Assistant Town Manager North Andover Town Offices 120 Main Street North Andover, MA 01845 RE: CONTRACT WITH LEID PRODUCTS Dear Ray: Telephone 978-475-4552 Telephone 617-338-2200 Telecopier 617-338-0122 As we discussed, we are returning this contract without approval because LEID Products could not provide insurance coverage from a company approved to do business in Massachusetts. Very truly yours, Carol Hajjar McGravey CHM/kmp Enclosure w:\wp5 t \work\n-andove\corresp\santilliJtr - contract4 Ldoc Carol McGravey From: Carol McGravey Sent: Wednesday, June 22, 2011 12:37 PM To: 'Santilli, Ray' Subject: Contract with LEID Ray, One of the Certificates of Insurance attached to this contract names Patti Engineering, Inc as the Insured. The contract is with Law Enforcement Intelligent Devices, Inc.. Can you explain? Thanks. Carol Santilli, Ray From: Sam Hoff [shoff@leidproducts.com] Sent: Wednesday, August 31, 20119:50 AM To: Santilli, Ray Cc: Georgia Whalen Subject: Proposal for Evidence Locker Systems Attachments: Northfield—Insurance—AM—Best—Rating.pdf Ray, I have tried our present agent in Michigan (www.profunderwriters.com) as well as a recommended agent in Massachusetts (www.roblininsurance.com), and neither agent could get LEID Products General Liability written with an admitted carrier in Massachusetts because of the nature of the project. Our present liability insurance carrier, Northfield Insurance Company, is an AM Best A+ rated company (rating attached). If your cannot modify the requirements in regards to a Massachusetts Admitted Carrier, you will not be able to execute the contract with LEID Products. Sincerely, Sam Hoff www.leidproducts.com (888)884-LEID — main (248)364-0563 — office (248)640-5074 — cell >> See some great technology we provide at www.pattieng.com. The content of this email is the confidential property of LEID Products, LLC and should not be copied, modified, retransmitted, or used for any purpose except with LEID Products written authorization. If you are not the intended recipient, please delete all copies and notify us immediately. 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: hftp://www.sec.state.ma.us/pre/l)reidx.htm. Please consider the environment before printing this email. Santilli, Ray From: Santilli, Ray Sent: Thursday, July 07, 2011 12:28 PM To: 'gwhalen@leidproducts.com' Subject: FW: Contract with LEID Products Georgia, The below two issues regarding the insurance certificate provided by LEID were raised by Town Counsel. Can you assist or forward to the appropriate person for response? Thanks 94 Santo Assistant Town Manager Town of North Andover From: Carol McGravey jmailto:chm(a>uf-law.coml Sent: Thursday, July 07, 201111:19 AM To: Santilli, Ray Subject: Contract with LEID Products Ray, The Insurance certificate listing LEID Products as Insured does not list Automobile, Umbrella or Workers Comp coverage as required by the contract, and the Insurer providing the General Liability Coverage, Northfield Insurance Co., is not on the list of approved companies in Massachusetts. Please advise. Thanks. Carol 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: hftp://www.sec.state.ma.us/pre/preidx.htm. Please consider the environment before printing this email. Products 2110 East Walton Blvd, Suite F Auburn Hills, MI 48326 Date: June 13, 2011 To: Raymond T Santilli 120 Main St North Andover, MA 01845 Subject: Contract documents dated June 2, 2011 Mr. Santilli: Please find enclosed the three (3) original contracts that we received recently with my signature. I have also enclosed our W9 and Accord Insurance Certificate. I also included the Accord Certificate of Patti Engineering, Inc as all of the employees that will be representing LEID on this project are employed directly by Patti Engineering. If you have any questions or comments please feel free to call me. Sincerely, Sam Hoff President www.leidproducts.com (888)884-5343, x107 — office (248)640-5074 - cell www.leidproducts.com 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: June 20, 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 Law Enforcement Intelligent Devices, LLC for furnishing and installing a secure storage and evidence tracking system in the Police Department per the Invitation for Bids issued on May 2, 2011. Thank you in advance for your attention to this matter Sincerely, Raymond T. Santilli Assistant Town Manager Enclosures z > m CD so z m -M 00 J., OQ oo� a OD m ol 14 0 OD Ch CD > m CD so z m -M 00 OQ oo� a OD m 0 'OOD -0 C (14 )D Fn k� CD 5 -0 Z. 0, APPENDIX A - PRICE PROPOSAL The Contract will be awarded to the responsible, responsive bidder offering the lowest aggregate price for the products furnished and installed. All prices are to remain firm for the duration of the Contract. Furnish and install secure storage and evidence tracking system as specified $ 39,000 Maintenance of system in Year 2 $ 4,500 Maintenance of system in Year 3 $ 4,750 Business Name Law Enforcement Intelligent Devices, LLC. (LEID Products) Business Address 2110 East Walton Boulevard, Suite F, Auburn Hills, MI 48326 Business Phone 1-888-884-5343 or 978-697-2664 Fax (248) 364-3371 Samuel Hoff Name of Person Authorized to sign Price Proposal Title of Person Town of North Andover iFI3 Page 8 of 31 Secure Storage and Evidence Tracking System XX Products Date: May 10, 2011 Proposal: #211117 Customer: Mr. Ray Santilli Assistant Town Manager North Andover Town Hall 120 Main Street North Andover, MA o1845 Dear Mr. Santilli, TM www.leidproducts.com LEID Products is pleased to respond to the Town of North Andover, Massachusetts Invitation for Bids for "Secure Storage and Evidence Tracking System for Police Station. Please find enclosed proposal #211117 for the "BACSem" Biometric Access Control System to secure and track Evidence, equipment layout drawing, pricing proposal sheet (Appendix A), Certificate of Vote, Certificate of Non -Collusion, and the Certificate of Tax Compliance. This proposal is for (1) complete system consisting of: • (1) BACSem-ID-FBT-WM Evidence Management ID -Station Wall Mount Kiosk with Biometric finger reader • (1) BACS-CNT-96U Controller for Electronic Evidence Locker interface • (1) KMRF67o5-E Keyless Electronic Modular 5 -Door w/fridge 36X24X82 Pass Through Evidence Locker (Fridge unit will be manual keyed) • (1) KM71o8-E Keyless Electronic Modular 8 Door 36X24X82 Pass Through Evidence Locker • (1) KM76o8-E Keyless Electronic Modular 8 Door 36X24X82 Pass Through Evidence Locker. The administrator will be able to manage the system remotely through a standard web browser (given that a network connection is provided). Evidence will be identified via the PAMET assigned case number and the finger print of the officer picking up or dropping off evidence. Chain of custody reports by officer, date or PAMET case number can be generated by the administrator. LEID will physically install the BACS equipment and provide a service technician to assist in system setup and training of personnel. The North Andover Police Department will be responsible for providing electrical power outlets (12oVAC/15A), and Ethernet port for network connection. The system comes with a 1 year warranty with the option to purchase additional coverage. Two complete user manuals will be provided. Thank you Mr. Santilli, and please don't hesitate in contacting me should you have any questions or need additional information. Sin ely, �Geiaen ager LEID Products, LLC gwhalen@leidproducts.com Direct: (978) 697-2664 Signature of Authorized Officer of Law Enforcement Intelligent Devices, LLC. (LEID Products) www.leidDroducts.com (Page 1 of 3) .��/I!"� := Products Date: May 10, 2011 Proposal: #211117 Customer: Mr. Ray Santilli Assistant Town Manager North Andover Town Hall 120 Main Street North Andover, MA o1845 W TM www.leidproducts.com Cpl l f NORr" t O o �0` stf f� m �4S�gCNU$$t1`i ' ........................ Project: `BACS' Electronic Asset Management System #211117 ITEM TY PRICE BACSem-ID-FBT-WM ID -Station • Wall Mount Kiosk with Biometric Finger Print Reader and BACS 1 $14,950 Evidence Management Software BACS-CNT-96U • Controller for Electronic Evidence Locker interface 1 $2,950 KMRF6604-E Keyless Electronic Modular Evidence Locker • 36X24X82 4 -Door w/fridge Pass Through 1 $12,600 • Fridge unit will be manual keyed KM71o8-E Keyless Electronic Modular Evidence Locker • 36X24X82 8 — Door Pass Through 1 $6,425 KM76o8-E Keyless Electronic Modular Evidence Locker • 36X24X82 8 — Door Pass Through Evidence Locker 1 $6,425 Installation included Onsite training and assist with system set-up (2 days) included Freight * $1,100 System Discount • Applicable to installed systems allowed for sales demonstrations ($5,450) Equipment Total $39,000 Optional Extended 2nd yr Service Plan • can be purchased any time before the beginning of the 2nd year $4,500 Optional Extended 3rd yr Service Plan • can be purchased anytime before the beginning of the 3rd year $4725 *****Please see lastpage for additional terms, conditions and delivery www.leidproducts.com (Page 2 of 3) �/ u��� `Products Date: May 10, 2011 Proposal: #211117 Customer: Mr. Ray Santilli Assistant Town Manager North Andover Town Hall 120 Main Street North Andover, MA o1845 TM ef www.leidproducts.com Ot, s:oRr� t POM�ssac�u�tz�y Warranty: • 1 year from date of installation Terms: • This proposal is subject to LEIDProducts Terms & Conditions (CPE Document #SA.008.00). • Proposal pricing valid for 6o days. Georgia Whalen Regional Manager LEID Products, LLC gwhalen@leidproducts.com Direct: (978) 697-2664 www.leidproducts.com (Page 3 of 3) CERTIFICATE OF VOTE At a duly authorized meeting the Board of Directors of the Law Enforcement Intelligent Devices, LLC. held on May 4, 2011 it was VOTED. THAT Samuel Hoff (Name) Managing Member (Officer) Law Enforcement Intelligent Devices, LLC. of be and hereby is authorized to execute contracts and bonds in the name and on behalf of said Law Enforcement Intelligent Devices, LLC. and affix its corporate seal hereto; and such execution of any contract or obligation in the name of Law Enforcement Intelligent Devices, LLC. on its behalf by such officer under seal of Michigan , shall be valid and binding upon Law Enforcement Intelligent Devices, LLC I hereby certify that I am the clerk of the above named Law Enforcement Intelligent Devices, LLC. and that Samuel Hoff is the duly elected officer as above of said Law Enforcement Intelligent Devices, LLC. and that the above vote has not been amended or rescinded and remains in full force and effect as the date of this contract. � 'ZI1 (Date) (Clerk) Town of North Andover IFB Page 30 of 31 Secure Storage and Evidence Tracking System 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 5� Samuel Hoff, Managing Member Print Name & Title Law Enforcement Intelligent Devices, LLC. (LEID Products) Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I Samuel Hoff , authorized signatory for Law Enforcement Intelligent Devices, LLC. 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 S ( Signature Date Town of North Andover IF Page 29 of 31 Secure Storage and Evidence Tracking System OP ID: RS AC"RO DATE (MWDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 06/13/11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CkRTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES B&DW. 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(ies) 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). ACT PRODUCER 248-553-8300 AMME: Professional Underwriters, Inc PHONE FAX 3947513 Mile Road, Suite 106 248-5534305 E-MAILAIC, No. Ext): L, No): Novi, MI 48377 ADDRESS: Robert L. Coleman PRODUCER – �atsrnulEa In a• LEIDP-1 INSURER(S) AFFORDING COVERAGE NAIC p INSURED LEID Products, LLC INSURER A: Northfield Insurance Co. _ 2110 E. Walton Blvd., Suite F INSURER 5: Aubum Hills, MI 48326 INSURER C: i —*—-- INSURER 0: INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. — — — POLICY EFF INSR r— TM OF INSURANCEADDLISUSK LTR N POLICY NUMBER MMI POLICY EXP i M LIMITS GENERAL LIABILITY 1 I 1i EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITYI X IWSO49591 02/01/11 I 02/01112 ' DAMAGE TO RENTED PREMISES (Ea occurrence) $ _ 100,00 r j CLAIMS-MADE X OCCUR I -7— (Any person) $ 5,00 I MED EXP An one PERSONAL & ADV INJURY $ — 0011 I 'GENERALAGGREGATE $ 2,000,00 I I GEN -L AGGREGATE LIMIT APPLIES PER: ! i I I PRODUCTS - COMP/OP AGG $ 2,000,00 I POLICY 1 PRO- LOC I I i I 1$ AUTOMOBILE LIABILITY i i COMBINED SINGLE LIMIT $ ANY AUTO I I (Ea accident) fj I I BODILY INJURY (Per person) I $ ALL OWNED AUTOS BODILY INJURY (Per accident) , $ i 1 SCHEDULED AUTOS ! jHIREDAUTOS ' PROPERTY DAMAGE (Per accident) $ NON-OWNEDAUTOS I I $ 1 UMBRELLA LIAB I OCCUR EXCESS LU►B EACH OCCURRENCE ! $ i AGGREGATE $ i y CLAIMS -MADE] DEDUCTIBLE i I i ! $ I RETENTION $ i I ' i $ WORKERS COMPENSATION I I WC TORY LIMITS t R AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE! OFFICER/MEMBER EXCLUDED? ❑ I NIA j E.L. EACH ACCIDENT $ (Mandatory in NH) I ; E.L. DISEASE - EA EMPLOYE $ If yes, describe under DESCRIPTION OROPERATIONS below ' I E.L. DISEASE - POLICY LIMIT is DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, K more space Is required) The Town of North Andover is named as an Additional Insured as respects to the General Liability Policy. UtK 1 It-IL:A I t FIVLUtK LIMMIcLvi I wn SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Town of North Andover THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 120 Main St ACCORDANCE WITH THE POLICY PROVISIONS. North Andover, MA 01845 AUTHORIZED REPRESENTTA`TN^E 1�1Nv ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD OP ID: RS AC"R® �� CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 06/13/11 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(ies) 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). PRODUCER 248-553$300 Professional Underwriters, Inc 248$53$305 3947513 Mile Road, Suite 106 Novi, MI 48377 Robert L. Coleman NACT AME: PHONE . Ext): (AIC,No): E-MAIL ADDRESS: PRODUCER pATTI-4 CUSTOMER ID #: INSURER(S) AFFORDING COVERAGE I NAIC # $ 2,000,00 INSURER A: Travelers Indemnity Company 25658 INSURED Patti Engineering, Inc. 2110 E. Walton Blvd. # A INSURER B: Farmington Casualty Company 122640 Auburn Hills, MI 48326 INSURERC:Lloyd's of Lon/Var London Cos. -- ----� ----- — BODILY BODILYINJURY(Perperson) INSURER D: INSURER E : --- — — -- $ PROPERTY DAMAGE (Per accident) INSURER F: � COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. (NSR ADDL SUB R POLICY EFF POLICY EXP LTR TYPE OF INSURANCE I I POLICY NUMBER MM/D MM/D LIMITS GENERAL LIABILITY I A I COMMERCIAL GENERAL LIABILITY X CLAIMS -MADE OCCUR X Business Owners _ i I GGEEN'L AGGREGATE LIMIT APPLIES PER: i I POLICY PRO- Irk LOC I I 1680 -5542P254 -IND -11 i 02101111 i i I I I j I 02/01112 I EACH OCCURRENCE $ 1,000,00 PREMISES(Ea occurrence)�DE — 300,00 MED EXP (Any one person) $ 5,0 I PERSONAL 8 ADV INJURY I$ 1,000,00 GENERAL AGGREGATE $ 2,000,00 i PRODUCTS - COMP/OP AGG $ 2,000,00 �$ AUTOMOBILE LIABILITY i I I A X I ANY AUTO IBA -5542P611 -11 -GRP 02/01111 ALL OWNED AUTOS I; SCHEDULED AUTOS HIREDAUTOS I NON-0WNEDAUTOS � 02101112 i I I COMBINED SINGLE LIMIT I i $ 1,000,00 BODILY BODILYINJURY(Perperson) $ I BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) I $ �$ �$ X '� A UMBRELLA L.IAB I X OCCUR EXCESS LIAB j CLAIMS MADE —L'---- I I I I I XSF-CUP-3396T715-IND-11 I 02101111 02101112 I EACH OCCURRENCE $ 2,000,00 AGGREGATE +--- I $ 2,000x00 ! --- is 1 I ; DEDUCTIBLE RETENTION $ is IWORKERS COMPENSATION B IAND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVE Y / N OFFICERIMEMBER EXCLUDED? [:]I (Mandatory in NH) If yes describe under DESCRIPTION OF OPERATIONS below I N / A I I I �XFUB-3661T75-A-11 I 02/01/11 I I 02/01112 OT I X WC STATU- I H- I TORY LIMITS 1 ER E.L. EACH ACCIDENT �$ E.L. DISEASE -EA EMPLOYE _ 1,000,00 $ 1,000,00 E.L. DISEASE - POLICY LIMIT 1 $ 1,000,00 C (Professional (Liability 1 I E100839 12109110 12/09111 IPER CLAIM 1,000,ODC AGGREGATE 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) The Town of North Andover is named as an Additional Insured as respects to the General Liability Policy. CERTIFICATE Town of North Andover 120 Main St North Andover, MA 01845 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD r) 0 j� Z 0 rD 'TI 00 90 > N' 00 C P C:) CD 0 Z > OTI r) Ul CY, Ln C� - CD 90.111 90 w Ul ul ol 10. 10 91 90 �D Ul APPENDIX A - PRICE PROPOSAL The Contract will be awarded to the responsible, responsive bidder offering the lowest aggregate price for the products furnished and installed. All prices are to remain firm for the duration of the Contract. Furnish and install secure storage and evidence tracking system as specified $ 55, 714.28 Maintenance of system in Year 2 $ 6,428.57 Maintenance of system in Year 3 $ 6,750.00 Business Name National Office Systems New England, Inc. d/b/a SYSTEMATICS Business Address 9 otis Street, Westborough, MA 01582-3312 Business Phone 508-366-1306 Fax 508-366-1307 Thomas J. Schaefer Name of Person Authorized to sign Price Proposal President Title of 2& to sign Price Proposal Town of North Andover IFB Secure Storage and Evidence Tracking System Page 8 of 31 DATE: MAY 23, 2011 QUOTE NUMBER: SYSBACS052311 QUOTE EXPIRES: MAY 8, 2011 4910 SYSTEMATICS North Andover Town Hall 120 Main Street North Andover, MA 01845 Attention: Mr. Ray Santilli, Assistant Town Manager Scope of Work: Quotation Prepared by: Jane Modonald E: jmcdonald@systematics.biz TEL: 508.599.3513 FAK508.36 1307 Secure storage and evidence tracking for police station. QTY ITEM DESCRIPTION UNIT PRICE LINE TOTAL 1 SYS- BACS Biometric Access Control System to secure and track evidence for the North Andover Police Department, consisting of the following components: $55,714.28 $55,714.28 • (1) SYS-BACS-ID-FBT-WM Evidence Management ID Station (Wall mount kiosk with Biometric Fingerprint reader) • (1) SYS-BACS-CNT96U Controller for Electronic Evidence Locker Interface • (1) KMRF6705 Keyless Electronic Modular 5 door with refrigerator 36" x 24" x 82" Pass through evidence locker (refrigerator unit will be manual keyed) • (1) KM7108E Keyless Electronic Modular 8 Door 36" x 24" x 82" Pass Through evidence locker • (1) KM7608 Keyless electronic modular 8 door 36" x 24" 82" Pass through evidence locker Customer to provide network connection for the system administrator to manage the system remotely through a standard web browser. Evidence to be identified via the PAMET assigned case number and the fingerprint of the officer picking up or dropping off the evidence. Chain of custody reports by officer, date, or PAMET case number can be generated by the system administrator. Customer to provide electrical power outlets (120VAC/15A) and Ethernet port for network connectivity. One year warranty (from date of installation). Included Freight, Installation 8: Training Included Optional: 2nd Year Extended Warranty available @ $6,428.57 Optional: 3rd Year Extended Warranty available @ $6,750.00 f Terms of Sale: 50% Deposit, 50% Upon Completion FOB Point: Destination SUBTOTAL $55,714.28 Terms of Payment: Invoice Due Upon Receipt SALES TAX $0.00 QUOTE EXPIRES: JUNE 30, 2011 TOTAL $55,714.28 AGREED AND ACCEPTED BY BUYER DATE TIS SPACB & 5MRM 10N PROFFsSSIONAM 9 Otis Street • Westborough, MA • 01581-3312 Tel. 800229.8393 • Fax 888.830.9370 hiPbbam-- - a 3 wwwsystematics.biz ii_ SYSTEMATICS STANDARD TERMS & CONDITIONS LIMITS OF AGREEMENT. The terms and conditions set forth herein together with those concerning price and scope as set forth in the forgoing Quotation provided by SYSTEMATICS shall constitute the entire agreement (the "Agreement") between seller, herein called "Seller" or "SYSTEMATICS" and Buyer. Buyer that he has read and understands these terms and conditions and agrees to be bound by them and further agrees that the Agreement is the complete and exclusive the agreement between the parties, and super cedes all other communications whether written or oral. This agreement may be modified in writing only where signed by SYSTEMATICS and the Buyer. SYSTEMATICS reserves the right to correct clerical errors. 1. GENERAL CONDITIONS a. SYSTEMATICS reserves the right to accept or reject any proposal tendered by the Buyer. b. All quotations provided by or accepted by SYSTEMATICS shall be subject to all terms and conditions stated on this form. c. The terms of this Agreement are subject to all applicable rules and regulations of the United States or any State Government or any sub -division or agency thereof. d. The terms of delivery are approximate and based upon prompt receipt of all necessary information. SYSTEMATICS is not responsible for nonperformance or delay not caused by it including but not limited to any labor difficulty, fire, flood, accident, transportation difficulty, material or fuel or power shortage, war, government action, or any other commercial impracticality. In the event of any such delay, the date of delivery shall be deferred for a period equal to the time lost by reason of delay e. Limitation of Liability: In no event shall SYSTEMATICS be liable for indirect or consequential damages such as but not limited to loss of anticipated profits or other economic loss in connection with or arising out of the existence, furnishing, failure to furnish, functioning or Buyer's use of the equipment. In all cases, SYSTEMATICS" liability shall be strictly limited to, at SYSTEMATICS' option, to either (i) the repair or replacement of the goods or (ii) the price of the goods. In no case whatsoever shall SYSTEMATICS' be liable to Buyer or any third party for any indirect, special or consequential damages or losses including, but not limited to, loss of revenue, loss of use, loss of production, costs of capital or costs related to the interruption of operation. f. The Agreement shall be binding upon the heirs, administrator, executors, legal representatives, successors or assigns of the parties hereto. Prices quoted are for work performed by SYSTEMATICS authorized personnel only; working normal business hours Monday thru Friday only, unless otherwise indicated. Buyer agrees to pay additional for union involvement, interference by others, or overtime work, unless the prices quoted specifically include these terms. Buyer will provide adequate freight elevator service, as required, without cost to SYSTEMATICS and/or its sub -contractors. Cancellation. Seller reserves the right to cancel or suspend all or, from time to time, any undelivered or unexecuted portion of the goods or services covered by these standard terms and conditions, without any liability whatsoever if (a) Buyer breaches any of the terms hereof or (b) any proceeding by or against Buyer in bankruptcy, reorganization or insolvency or the appointment of a receiver or any assignment for the benefit of creditors on behalf of Buyer occurs. Buyer shall assume that production for all orders begins when such order is received by Seller. Accordingly, any additional costs incurred by Seller as a result of a change or modification made by the Buyer to an order after seller has received such order shall be paid by Buyer. Such costs shall include, but not be limited to, all production costs incurred up to the time of the completed installation by Seller of the requested change or modification. Upon cancellation of an order by Buyer, Buyer must reimburse Seller for any and all losses or expenses incurred. Waiver. SYSTEMATICS' failure to insist on performance of any of the terms and conditions herein or to exercise any right or privilege or SYSTEMATICS' waiver of any breach hereunder shall not thereafter constitute a waiver of any other terms, conditions, rights or privileges. Attorneys' Fees. In the event legal action is necessary to enforce the terms of this Agreement or to collect any amount due from the Buyer to SYSTEMATICS or to cure any default by the Buyer, SYSTEMATICS shall be entitled to recover from the Buyer all costs of suit and all attorneys' fees actually incurred by SYSTEMATICS in addition to all other rights and remedies it might have. TBE SPACE & HGORMAnCIN PROFEMONALS 9 Otis Street • Westborough, MA • 01581-3312 Page 2 of 3 Tel 800.229.8393 • Fax 888.830.9370 SYSTEMATICS 2. TAXES; TERMS AND METHOD OF PAYMENT: Prices quoted are exclusive of any applicable Federal, State or Local taxes. SYSTEMATICS will add any applicable tax to the agreed prices quoted and Buyer shall pay same. Where SYSTEMATICS has extended credit to Buyer, terms of payment shall be as outlined on Page 1 "Payment Terms". Remit Payments to: SYSTEMATICS, 9 Otis Street, Westborough, MA 01581. For billing questions, call 800-229-8393 or by email to finance()systematics.biz. If shipments are delayed by Buyer, payments are due from the date when SYSTEMATICS is prepared to make shipments, and Buyer shall be liable for the cost of storage charges as then prevailing and any increase in cost of labor and/or materials to effect the installation upon the termination of the delay period. STORAGE CHARGES: SYSTEMATICS will provide free storage for a period of 30 days after materials have been shipped. Storage charges are $1.50 per hundred weight per week after this grace period. 3. BUYER'S RESPONSIBILITY: It is the Buyer's responsibility to satisfy any structural and code requirements. Costs are not included for permits, fees, etc. Cost of same shall be borne by the Buyer, if required. Any changes of room dimensions after purchase and order by SYSTEMATICS and/or proposal plans or schedule resulting in additional costs will result in all additional costs being borne by the Buyer. It is the Buyer's responsibility to verify and evaluate the building structure for floor load capacity. SYTEMATICS TAKES NO RESPONSIBILITY FOR THE LOAD CARRYING CAPACITY OF THE BUILDING OR ITS STRUCTURAL INTEGRITY. THE BUYER IS RESPONSIBLE FOR INSURING THAT THE BUILDING'S STRUCTURE IS SOUND AND THAT NO ADVERSE EFFECTS WILL BE CAUSED TO THE STRUCTURE FROM THE LOADING OF THE GOODS, SYSTEMS, PRODUCTS AND/OR OTHER MACHINERY OR EQUIPMENT TO BE INSTALLED BY SYSTEMATICS AS THE CASE MAY BE. BUYER IS RESPONSIBLE FOR OBTAINING ALL NECESSARY PERMITS AND ENGINEERING DATA TO DETERMINE WHETHER THE BUILDING CAN AND WILL WITHSTAND THE IMMEDIATE AND CONTINUOUS WEIGHT AND STRESS OF ANY GOODS, SYSTEMS, PRODUCTS AND/OR OTHER MACHINERY OR EQUIPMENT INSTALLED BY SYSTEMATICS. BUYER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS SYSTEMATICS FROM ANY AND ALL CLAIMS AND/OR DAMAGES ARISING OUT OF ANY STRUCTURAL DAMAGE TO THE BUILDING INCLUDING BUT NOT LIMITED TO ANY PERSONAL INJURY WHICH OCCURS AS A RESULT OF ANY STRUCTURAL DAMAGE OR DEFICIENCY. 4. TITLE: Title shall not pass until the price is paid in full and Buyer hereby grants a security interest in said goods to secure payment and performance to SYSTEMATICS. It is mutually agreed that the billing of such goods is for convenience only and does not carry title with it. In case of default of payment or in case of removal of said goods or any part thereof without the consent of SYSTEMATICS or in the event the Buyer shall mortgage or part with the possession of said property, voluntarily or involuntarily, without the consent of SYSTEMATICS, the later shall have the right to resume immediate possession of same wherever it may be found and remove it with or without process of law, and may declare this agreement terminated and may retain all money paid hereunder as liquidated damages and rental for said goods. 5. SHIPPING TITLE AND RISK OF LOSS: Seller shall determine routing except when Buyer specifies otherwise and pays all extra charges incurred. Unless otherwise specified, on the face of this order, Buyer is responsible for all shipping costs and the F.O.B. point shall be Seller's location designated on the face of this Order. Claims for damage or loss must be made by Buyer with the carrier as Buyer is responsible for all risks of loss and must secure insurance as it deems appropriate 6. RETURNS: Goods will be accepted for return only when authorized in writing by Seller. No return will be accepted after the use, manipulation or alteration of the goods by Buyer or any third party. Buyer may not return any goods for reason of defect, whether hidden or apparent, resulting from the improper use, installation, processing or treatment of the goods. 7. WARRANTY: Any equipment sold hereunder is warranted to be in satisfactory operating condition when delivered. Should any part prove defective in material or workmanship during the warranty period established by the manufacturer, replacement of same will be made without charge during the warranty period. Buyer shall permit full and free access to perform these services when equipment is not portable; otherwise, Buyer shall at its expense return equipment for service. This warranty does not include replacement of parts due to misuse, neglect, damage, burned -out motors or fuses. The foregoing warranty and limitations are exclusive remedies and are in lieu of all other warranties express or implied including but not limited to the implied warranties of merchantability and fitness for particular purpose. Some states do not allow exclusion of implies warranties, so the above exclusion may not apply to you. AGREED AND ACCEPTED BY BUYER NAME DATE 9 Otis Street • Westborough, MA • 01581-3312 Page 3 of 3 Tel 800.229.8393 • Fax 888.830.9370 CERTIFICATE OF VOTE At a duly authorized meeting the Board of Directors of the held on 5/13/11 it was VOTED, THAT Corporation Thomas J. Schaefer President (Name) (Officer) National Office Systems New England, Inc_ of d/b/a SYSTEMATICS be and hereby is authorized to execute contracts and bonds in the name and on behalf of said corporation , and affix its corporate seal hereto; and such execution of any contract or obligation in the name of sYsTEMATIcs on its behalf by such officer under seal of SYSTEMATICS , shall be valid and binding upon corporation National office Systems New England, Inc. I hereby certify that I am the clerk of the above named d/b/a SYSTEMATICS and that Thomas J. Schaefer is the duly elected officer as above of said Corporation , and that the above vote has not been amended or rescinded and remains in full force and effect as the date c May 23, 2011 (Date) Town of North Andover IFB Page 30 of 31 Secure Storage and Evidence Tracking System 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 Thomas J. Schaefer, President Print Name & Title Date Mar 23, 2011 National Office Systems New England, Inc. d/b/a SYSTEMATICS Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws &cAoq484i(), Systems New England, Inc. Thomas J. Schaefer , authorized signatory for d/b/a SYSTEMATICS 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. v4 Z� S May 23, 2011 ignature Date Town of North Andover IFB Secure Storage and Evidence Tracking System Page 29 of 31 TOWN OF NORTH ANDOVER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 f NORTH 7 Oe�t�i° �e� ti0 Raymond T Santilli ° Assistant Town Manager 9SSACHUS�� June 2, 2011 Mr. Samuel Hoff, Managing Member Law Enforcement Intelligent Devices, LLC 2110 East Walton Boulevard, Suite F Auburn Hills, MI 48326 Dear Mr. Hoff: TEL (978) 688-9516 FAX (978) 688-9556 The Town of North Andover has decided to award the contract to Law Enforcement Intelligent Devices, LLC for furnishing and installing a secure storage and evidence tracking system at the Police Station per the Invitation for Bids issued on May 2, 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 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: Law Enforcement Intelligent Devices, LLC Address: 2110 East Walton Boulevard, Suite F Auburn Hills, MI 48326 Telephone Number: 888-884-5343 Fax Number: 248-364-3371 1. This is a Contract for the procurement of the following: Furnish and install a secure storage and evidence tracking system in the North Andover Police Department in accordance with the Invitation for Bids issued on May 2, 2011 2. The Contract price to be paid to the Contractor by the Town of North Andover is: Furnish and install system including maintenance in Year 1- $39,000 Maintenance of system in Year 2 - $4,500 Maintenance of system in Year 3 - $4,750 3. Payment will be made as follows: Upon installation and acceptance of system, net 30. Maintenance costs for subsequent years will be billed and paid at the beginning of the year 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 (Rev 5-2007) Contract by and between Town of North Andover and Law Enforcement Intelligent Devices, LLC Page I 1 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 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 Law Enforcement Intelligent Devices, LLC Page 2 Santilli, Ray From: Georgia Whalen [gwhalen@leidproducts.com] Sent: Wednesday, June 01, 20116:50 AM To: Santilli, Ray Subject: RE: Storage and Evidence Tracking System Hello Ray, I have received confirmation that the following items are covered under the proposal which were not specifically listed in the proposal we submitted. Our responses to your request for clarification are listed beside each item in red: REFERENCE IFB — Section 6 — General Specifications Item e — Produce standard inventory and management reports. YES. Chain of custody reports by officer, date or PAMET case number can be generated by the administrator. Item f — Allow for the tracking of evidence not necessarily physically housed in the systems evidence room or locked storage container. YES. Items can be tracked via the kiosk even if they are not in an assigned storage location. For example, if an item is picked up by an officer to be taken to court or to the state crime lab the officer must select where he is transporting the evidence before it is released to him. It will stay checked out to that location until returned to the locker via the kiosk. Item g — System must have the capability to self-report malfunctions and system failures to a Police Department system administrator. YES, The system logs all errors. The ability to notify as administrator (as opposed to the administrator running a report) will require support from North Andover's IT department for access to the required network resources (email, etc.) Item h —System must have the ability to be customized by Police Department administrator. YES. All functionality provided will be accessible by the administrator. The administrator will be able to add or delete evidence destination categories for checking out evidence, authorized officers, etc. Item m — Pass through unit construction: Doors, frames, shelves, tops, bottoms, and exposed sides shall be a minimum of 16 gauge steel. YES. ii. Frames shall be welded into integrated units with doors installed. YES. iii. Door hinges shall be stainless steel, continuous type with a 180 degree opening. YES. iv. The control locking devices shall not be accessible from the hallway side of the units. YES. Item n —The pass through lockers shall display number plates, sequentially numbered. YES. Item o — The paint must be a minimum of 5 mil thick, factory applied baked on finish. YES. Item p — The paint color shall be designated at the time of order. YES. Color Chart attached. Please do not hesitate to call or email if you have additional questions. Thank you and we look forward to working with the town and the police department on this project! Best regards, Georgia Georgia H. Whalen Regional Manager LEID Products, LLC 733 Turnpike St. #267 North Andover, MA 01845 Direct- (978)697-2664 gwhalen(,aleidproducts.com www.LEIDProducts.com From: Santilli, Ray[rsantill@townofnorthandover.com] Sent: Thursday, May 26, 20113:12 PM To: Georgia Whalen Subject: FW: Storage and Evidence Tracking System J SatWM Assistant Town Manager Town of North Andover From: Boettcher, Rich Sent: Wednesday, May 25, 20112:57 PM To: Santilli, Ray Cc: Gallagher, Paul Subject: RE: Storage and Evidence Tracking System Ray, Chief Gallagher and I have reviewed the attach proposal. It appears this system as proposed will perform the desired functions. I do seek clarification that the following items are covered under the proposal since I do not see them specifically listed. REFERENCE IFB — Section 6 — General Specifications Item e — Produce standard inventory and management reports. Item f — Allow for the tracking of evidence not necessarily physically housed in the systems evidence room or locked storage container. Item g — System must have the capability to self-report malfunctions and system failures to a Police Department system administrator. Item h — System must have the ability to be customized by Police Department administrator. Item m — Pass through unit construction: i. Doors, frames, shelves, tops, bottoms, and exposed sides shall be a minimum of 16 gauge steel. ii. Frames shall be welded into integrated units with doors installed. Door hinges shall be stainless steel, continuous type with a 180 degree opening. iv. The control locking devices shall not be accessible from the hallway side of the units. Item n —The pass through lockers shall display number plates, sequentially numbered. Item o —The paint must be a minimum of 5 mil thick, factory applied baked on finish. Item p —The paint color shall be designated at the time of order. With a positive response on the above items it is felt this proposal meets the "General Specifications" as spelled out in the IFB. Thanks for your help in preparing and processing this IFB. You have been a great help on this item. Rich B...... From: Santilli, Ray Sent: Tuesday, May 24, 20112:50 PM To: Boettcher, Rich Cc: Gallagher, Paul Subject: Storage and Evidence Tracking System Please review the attached proposal and provide me your thoughts. Thanks Na* Sanfiffi Assistant Town Manager Town of North Andover 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. M Santilli, Ray From: Boettcher, Rich Sent: Wednesday, May 25, 20112:57 PM To: Santilli, Ray Cc: Gallagher, Paul Subject: RE: Storage and Evidence Tracking System Ray, Chief Gallagher and I have reviewed the attach proposal. It appears this system as proposed will perform the desired functions. I do seek clarification that the following items are covered under the proposal since I do not see them specifically listed. REFERENCE IFB — Section 6 — General Specifications Item e — Produce standard inventory and management reports. Item f — Allow for the tracking of evidence not necessarily physically housed in the systems evidence room or locked storage container. Item g —System must have the capability to self-report malfunctions and system failures to a Police Department system administrator. Item h — System must have the ability to be customized by Police Department administrator. Item m — Pass through unit construction: L Doors, frames, shelves, tops, bottoms, and exposed sides shall be a minimum of 16 gauge steel. ii. Frames shall be welded into integrated units with doors installed. iii. Door hinges shall be stainless steel, continuous type with a 180 degree opening. iv. The control locking devices shall not be accessible from the hallway side of the units. Item n —The pass through lockers shall display number plates, sequentially numbered. Item o —The paint must be a minimum of 5 mil thick, factory applied baked on finish. Item p —The paint color shall be designated at the time of order. With a positive response on the above items it is felt this proposal meets the "General Specifications" as spelled out in the IFB. Thanks for your help in preparing and processing this IFB. You have been a great help on this item. Rich B...... From: Santilli, Ray Sent: Tuesday, May 24, 20112:50 PM To: Boettcher, Rich Cc: Gallagher, Paul Subject: Storage and Evidence Tracking System Please review the attached proposal and provide me your thoughts. Thanks J&q SanM Assistant Town Manager Town of North Andover 41 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. TOWN OF NORTH ANDOVER INVITATION FOR BIDS SECURE STORAGE AND EVIDENCE TRACKING SYSTEM Contact Address Telephone Number: Fax Number: Email FOR POLICE STATION May 2, 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. Submission Deadline and Instructions ............................. 3 3. Questions, Addendum or Proposal Modifications ............... 4 4. On -Site Inspection ................................................... 5 5. Background........................................................... 5 6. General Specifications................................................ 6 7. Prevailing Wage Rates ............................................... 7 8. Evaluation of Bids .................................................... 7 Appendix A — Price Proposal .......................................... 8 Standard Town of North Andover Contract With Supplement«C".............................................. 9 Certifications............................................................ 29 Prevailing Wage Rates ................................................ 31 Town of North Andover IFB Page 2 of 31 Secure Storage and Evidence Tracking System 1. Introduction The Town of North Andover (`Town') is soliciting bids from qualified companies to purchase, install and maintain a secure storage and evidence tracking system at the Police Department located at 1475 Osgood Street. The Town is seeking a fingerprint biometrics based system solution that can replace its present process of manually recording the chain of custody logs and handling of evidence. The system must have the ability to control the issuance and return of evidence by assigned case number, date, time, and the fingerprint of the officer picking up or dropping off evidence. 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 bid. Notice of this IFB is published in Eagle -Tribune (a newspaper of general circulation) and posted on the Town website (www.townof iorthandover.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 Tuesday, May 24, 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 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 "Storage and Evidence Tracking System" 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 31 Secure Storage and Evidence Tracking System All sealed proposals must be received and registered by the Assistant Town Manager's office by Tuesday, May 24, 2011 at 2:00 p.m. All outer envelopes must be labeled "Storage and Evidence Tracking System" 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, May 17, 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 Thursday, May 19, 2011 at 2:00 p.m. If any changes are made to this IFB, 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 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. Town of North Andover IFB Page 4 of 31 Secure Storage and Evidence Tracking System 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. 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. On -Site Inspection An on-site inspection of the areas of interest at the Police Station can be arranged by contacting Richard Boettcher, Administrative Services Director at 978-683-3168. All interested bidders are encouraged to arrange a site visit so that they can accurately submit pricing for work being quoted 5. Background New evidence coming under the control of an officer is currently brought to the Police Station where it is inventoried and placed into a locked storage container. A manual chain of custody log is then started within the police records management system. The evidence is then taken out of the locked storage container by an evidence control officer, re -inventoried to check for accuracy and placed into the locked and secured evidence storage area. The evidence control officer then manually updates the chain of custody log. When it becomes necessary for evidence to be removed from the evidence storage area for court, state lab processing or other reasons, an evidence control officer must take the evidence out of the evidence storage area and personally make a hand-to-hand exchange in order to have the officer checking it out take it into his possession. The chain of custody log is again manually updated to reflect this activity. Upon return of the evidence to the Police Station, the officer places the evidence into the locked storage container where it is removed by an evidence control officer and placed back into the locked and secured evidence storage area. With each of these moves the chair of custody log is manually updated within the police records management system. The present system has several problems which need to be rectified. The most significant ones are: a. The chain of custody log is manually maintained. b. The checking out of evidence must be a hand-to-hand exchange. Town of North Andover IFB Page 5 of 31 Secure Storage and Evidence Tracking System c. Notification is not always timely and/or accurate that evidence has been placed into the locked storage container. d. Improve evidence continuity and chain of evidence. 6. General Specifications Selected company will be required to furnish and install secure evidence storage and tracking system with the ability to perform the following general functions: a. Evidence pass through unit must be able to fit within a 9' by 6' 10" high area. b. Evidence must be able to be placed into the unit from one side and taken out the back side which will be inside a temporary evidence storage room. c. System must allow users to independently check in and out evidence without supervisory participation. d. Track and log every transaction by date, time, case number and officer fingerprint identification. e. Produce standard inventory and management reports. f. Allow for the tracking of evidence not necessarily physically housed in the systems evidence room or locked storage container (i.e., evidence transported to a State Police Lab). g. System must have the capability to self-report malfunctions and system failures to a Police Department system administrator. h. System must have the ability to be customized by Police Department administrator personnel to receive new types of evidence and make other basic system changes. i. System must have a wall mounted control box with a biometric fingerprint reader, touch screen and Window's based operating system. j. Evidence pass through must be a keyless electronic unit. k. Evidence pass through must contain a refrigerated unit for the storage of evidence such as blood and urine samples, sexual assault kits, etc. Note: The refrigerated unit may be a keyless or manual key, Voltage: 115 VAC, 60 Hz, automatic defrost, industrial grade, temperature control, digital thermometer. 1. Evidence pass through units may consist of various size units of which at least one (1) must be the full height of the unit, four (4) must be half the height of the unit, eight (8) must be one quarter the height of the unit, and the remainder of the units may be various sizes. m. Pass through unit construction: i. Doors, frames, shelves, tops, bottoms, and exposed sides shall be a minimum of 16 gauge steel. ii. Frames shall be welded into integrated units with doors installed. iii. Door hinges shall be stainless steel, continuous type with a 180 degree opening. iv. The control locking devices shall not be accessible from the hallway side of the unit. n. The pass through lockers shall display number plates, sequentially numbered. o. The paint must be a minimum of 5 mil thick, factory applied baked -on finish. p. The paint color shall be designated at the time of order. Town of North Andover IFB Page 6 of 31 Secure Storage and Evidence Tracking System q. Onsite training must be provided for officers and Police Department system administrator. r. The package must include total installation. s. The package must include at least one (1) year's full maintenance and warranty with an option to extend maintenance for two (2) additional years, solely at the option of the Town. t. The package must include at least two (2) copies of a user's manual. 7. Prevailing Wage Rates The successful bidder will at all times comply with the prevailing wage rates as determined by the Commissioner of the Division of Occupational Safety, under the provisions of Massachusetts General Laws as shall be in force and as amended. The prevailing wage rates are attached. 8. 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 furnished and installed by each responsive and responsible bidder will be calculated. 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 purchase description 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 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. Town of North Andover IFB Page 7 of 31 Secure Storage and Evidence Tracking System APPENDIX A - PRICE PROPOSAL The Contract will be awarded to the responsible, responsive bidder offering the lowest aggregate price for the products furnished and installed. All prices are to remain firm for the duration of the Contract. Furnish and install secure storage and evidence tracking system as specified $ Maintenance of system in Year 2 Maintenance of system in Year 3 Business Name Business Address Business Phone 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 31 Secure Storage and Evidence Tracking System 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. Town of North Andover IFB Page 9 of 31 Secure Storage and Evidence Tracking System 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. Town of North Andover IFB Page 10 of 31 Secure Storage and Evidence Tracking System 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 31 Secure Storage and Evidence Tracking System 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 31 Secure Storage and Evidence Tracking System 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 151B (Law Against Discrimination) and any executive orders, rules, regulations, and requirements of the Commonwealth of Massachusetts as they may from time to time be amended. 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 31 Secure Storage and Evidence Tracking System 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. Town of North Andover IFB Page 14 of 31 Secure Storage and Evidence Tracking System 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 31 Secure Storage and Evidence Tracking System 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 31 Secure Storage and Evidence Tracking System 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 3013) [ ] SERVICES SUPPLEMENT "S" - Applicable to Contracts for the procurement of Services (governed by the provisions of General Laws Chapter 3013) [ X ] CONSTRUCTION SUPPLEMENT "C" - Applicable to Contracts for Construction Town of North Andover IFB Page 17 of 31 Secure Storage and Evidence Tracking System 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 Secure Storage and Evidence Tracking System Date Date Page 18 of 31 SUPPLEMENT "C" [] CONSTRUCTION SUPPLEMENT "C" - Applicable to Contracts for the construction of: (1) Public Buildings and Public Works (governed by the provisions of General Laws Chapter 30B); (2) Public Buildings (governed by the provisions of General Laws Chapter 149,§ 44A, et seq.); and (3) Public Works (governed by the provisions of General Laws Chapter 30, §39M, et seq) This form supplements the Town of North Andover "Contract and General Conditions" and applies only to contracts for the construction, reconstruction, alteration, remodeling or repair of public works or public buildings. 2. Wherever the law requires one contracting with a city or town to be bonded, such obligation shall be understood to be a term and condition of this Contract. The Contractor agrees to secure such bond (where required) in the form required by the Town and provide an original thereof to the Town prior to the commencement of performance. E ualit : 3.1. In the case of a closed Specification written for a specific item or items to be furnished under the Base Bid, such specifications shall, as applicable, be in compliance with the Massachusetts General Laws, Chapter 30, Section 39M and Chapter 149, Sec. 44A et seq. 3.2. Where the name of an item, material or manufacturer is mentioned in the Specifications or on the Drawings, except as above noted, the intent is to establish a standard and in no way should be construed to exclude any item or manufacturer not mentioned by name, but whose product meets the Specifications as to design, utility and quality. Final decision shall rest with the Project Representative as to its acceptability. 4. Change orders to contracts governed by General Laws Chapter 30B may not increase the quantity of goods or services provided by more than twenty-five (25%) per cent, in compliance with Sec. 13 of Chapter 30B. 5. 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, Sec. 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, Sections 26 and 27D (Prevailing Wage), as shall be in force and as amended. 6. The Contractor shall continuously maintain adequate protection of all work from damage and shall protect the property of the Town and others, including adjacent property, from injury or loss arising Town of North Andover IFB Page 19 of 31 Secure Storage and Evidence Tracking System in connection with the Contract. The Contractor shall make good any such damage, injury or loss, except as may be directly due to errors in the Contract Documents or caused by agents or employees of the Town, or due to causes beyond the Contractor's control and not the Contractor's fault or negligence. 7. The Contractor shall take all necessary precautions for the safety of employees on the work, and shall comply with all applicable provisions of Federal, State and local laws and codes to prevent accidents or injury to persons on, about or adjacent to the premises where the work is being performed. The Contractor will erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and the public, shall post danger signs warning against the hazards created by such features of construction such as pits, protruding nails, hosts, well holes, elevator hatchways, scaffolding, window openings, stairways and falling materials; and shall designate a responsible member of its organization on the work, whose duty shall be the prevention of accidents. The Town shall at all times have access to the work wherever it is in preparation or progress and the Contractor shall provide suitable accommodations for such access. 9. The Contractor shall appoint a competent superintendent and foreman and any necessary assistants, all of whom shall be satisfactory to the Town. If the Town in its sole discretion determines that the construction superintendent, foreman, or assistants are unacceptable to the Town, then upon seven days notice from the Town, the Contractor shall replace such person or persons with people acceptable to the Town. 10. The Contractor shall give efficient supervision to the work, using its best skill and attention. The Contractor shall carefully study and compare the drawings, specifications and other instructions and shall at once report to the Town any error, inconsistency or omission which shall be discovered. Included in this responsibility shall be supervision of all work performed by subcontractors on the work. 11. If the Contractor should neglect to prosecute the work properly, or fail to perform the contract or any of its provisions, the Town, upon three days written notice, may, without prejudice to any other remedy it may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor. 12. Inspection by the Town's Project Representative 12.1. The Town shall have the right to designate a Project Representative who may make periodic visits to the site to familiarize the Town generally with the progress and quality of the work, and to determine in general if the work is proceeding in accordance with the Contract Documents. The Project Representative will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the work, and will not be responsible for the Contractor's failure to carry out the construction work in accordance with the Contract Documents. During such visits and on the basis of these observations while at the site, the Project Representative will keep the Town informed on the progress of the work, will endeavor to guard the Town against defects and deficiencies in the work of contractors, and may condemn structural work as failing to conform to the Contract Documents. The Project Representative shall have authority to act on behalf of the Town only to the extent expressly delegated by the Town, which shall be shown to the Contractor, and shall have authority to stop the work whenever such stoppage may reasonably be necessary to insure the proper execution of the Contract. Town of North Andover IFB Page 20 of 31 Secure Storage and Evidence Tracking System 12.2. In connection with the work, the Project Representative shall not be responsible for construction methods, means, techniques, sequences or procedures employed by the Contractor or the Contractor's safety programs, requirements, regulations, or precautions. 13. Decisions of the Project Representative 13.1. The Project Representative shall, within a reasonable time, make decisions on all claims of the Town or the Contractor and on all other matters relating to the execution and progress of the structural work or the interpretation of the Contract Documents. 13.2. The Project Representative's decision, in matters relating to the project, shall be final, if within the terms of the Contract Documents. 13.3. If, however, the Project Representative fails to render a decision within ten days after the parties have presented their evidence, either party may then avail itself of the remedies provided in this contract or available to it by law. If the Project Representative renders a decision after such remedies have commenced, such decision may be entered as evidence but shall not disturb or interrupt such proceedings except where such decision is acceptable to the parties concerned. 14.1 Use of Premises by the Contractor: 14.1. The Contractor shall confine its apparatus, the storage of materials and the operations of its workmen to limits indicated by law, by-laws, permits or directions of the Town and shall not unreasonably encumber the premises with its materials. 14.2. The Contractor shall not load or permit any part of the structure to be loaded with a weight that will endanger its safety. 15. Maintenance of Premises: The Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by its employees or work, and at the completion of the work it shall remove all its rubbish from and about the work site and all its tools, scaffolding and surplus materials and shall leave its work "broom -clean", or its equivalent, unless more exactly specified. In case of dispute, the Town may remove the rubbish and charge the cost to the several contractors, as the Town shall determine to be just. 16. Right to Terminate If the Contractor should (1) be adjudged a bankrupt, (2) make a general assignment for the benefit of creditors, (3) have a receiver appointed on account of its insolvency, (4) persistently or repeatedly refuse or fail to supply enough personnel and resources to perform the contract, (5) fail to, make prompt payment to subcontractors or to providers of materials or labor, (6) persistently disregard laws and regulations or lawful directives of the Town, or (7) be guilty of a substantial violation of any provision of the Contract, then the Town may, without prejudice to any other right or remedy and after giving the Contractor (or any surety) seven days written notice, terminate the contract and the employment of the Contractor and take possession of the premises and of all materials, tools and appliances thereon and finish the work by whatever method it deems appropriate. Town of North Andover IFB Page 21 of 31 Secure Storage and Evidence Tracking System In such cases, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid amount owed to the Contractor for work already completed shall exceed the expense of finishing the work, including compensation for additional architectural, managerial, legal and administrative services, such excess shall be paid to the Contractor. If such expenses shall exceed such unpaid balances, the Contractor shall pay the difference to the Town. The Contractor shall not be relieved of liability to the Town by virtue of any termination of this contract, and any claim for damages against the Contractor relating to the Contractor's performance under this contract shall survive any termination hereunder. Notwithstanding any other provision of this Agreement, the Town reserves the right at any time in its absolute discretion to suspend or terminate this Agreement in whole or in part for its convenience upon seven days written notice to the Contractor. The Town shall incur no liability by reason of such termination except for the obligation to pay compensation for all work performed by the Contractor and accepted by the Town to the termination date. 17. Progress Payments: 17.1. The Contractor shall submit to the Town an itemized Application for Payment, supported to the extent required by the Town by invoices or other vouchers, showing payments for materials and labor, payments to Subcontractors and such other evidence of the Contractor's right to payment. 17.2. The Contractor shall, before the first application, submit to the Town a schedule of values of the various parts of the work, including quantities aggregating the total sum of the Contract, divided so as to facilitate payments to Subcontractors, made out in such form as the Town and the Contractor may agree upon, and, if required, supported by such evidence as to its correctness. This schedule, when approved by the Town, shall be used as a basis for payment, unless it is found to be in error. If applying for payments, the Contractor shall submit a statement based upon this schedule. 18. Withholding of Payments 18.1. The Town may withhold or, on account of subsequently discovered evidence, nullify the whole or part of any payment to such extent as may be necessary in its reasonable opinion to protect the Town of North Andover from loss on account of: 18.1.1. Defective work not remedied. 18.1.2. Claims filed or reasonable evidence indicating probable filing of claims. 18.1.3. Failure of the Contractor to make payments properly to Subcontractors or for material or labor. 18.1.4. A reasonable doubt that the Contract can be completed for the balance then unpaid. 18.1.5. Damage to another contractor. Town of North Andover IFB Page 22 of 31 Secure Storage and Evidence Tracking System 18.1.6. Delays resulting in liquidated damages. 18.2. Withholding of payments shall be in strict compliance with statutory requirements. 19. Claims by Contractor and Liability of Town All claims by the Contractor against the Town shall, unless otherwise provided by law, be initiated by a written claim submitted to the Town no later than seven (7) calendar days after the event or the first appearance of the circumstances causing the claim. The claim shall set forth in detail all known facts and circumstances supporting the claim. The Contractor shall continue its performance under this contract regardless of the submission or existence of any claims. The limit of liability of the Town under this Agreement is limited to the compensation provided herein for work actually performed, and shall in no event include liability for delays or for incidental, special or consequential damages or lost profits or for damages or loss from causes beyond the Town's reasonable control. 20. Liquidated Damages: Because both parties recognize (1) that the time for completion of this Contract is of the essence, (2) that the Town will suffer loss if the work is not completed within the contract time specified, plus any extension thereof allowed in accordance with the provisions of this contract, and (3) the delays, expense and difficulties involved in a legal proceeding to determine the actual loss suffered by the Town if the work is not completed in time, it is agreed that the Contractor will pay the Town as liquidated damages representing an estimate of delay damages, not as a penalty, the sum of One Thousand Dollars ($1,000) per day for each calendar day of delay until the work is completed, whether the work is completed by the Contractor or some other person. The Town's right to impose liquidated damages shall in no way prohibit or restrict the Town's right to bring a legal action for damages in lieu of or in addition to its option to impose liquidated damages. The Town may deduct any liquidated damages from money due the Contractor, and if such payment is insufficient to cover the liquidated damages, then the Contractor shall pay the amount due. 21. The Contractors' Mutual Responsibility: Should the Contractor cause damage to any separate subcontractor on the work, the Contractor agrees, upon due notice, to settle with such contractor by agreement, or by recourse to remedies provided by law or by the provisions of the contract. If such separate contractor sues the Town on account of any damage alleged to have been sustained, the Town shall notify the Contractor, who shall defend such proceedings at the Town's expense and, if any judgment against the Town arises therefrom, the Contractor shall pay or satisfy it and pay all costs incurred by the Town. 22. Separate Contracts: 22.1. The Town reserves the right to let other Contracts in connection with this work under similar General Conditions. The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work, and shall properly connect and coordinate its work with theirs. 22.2. If any part of the Contractor's work depends, for proper execution or results, upon the work of any other contractor, the Contractor shall inspect and promptly report to the Town any defects in such work that render it unsuitable for such proper execution and Town of North Andover IFB Page 23 of 31 Secure Storage and Evidence Tracking System results. Failure of the Contractor to so inspect and report shall constitute an acceptance of the other contractor's work as fit and proper for the reception of its work except as to defects which may develop in the other contractor's work after the execution of its work. 22.3. To insure the proper execution of its subsequent work, the Contractor shall measure work already in place and shall at once report to the Town any discrepancy between the executed work and the Drawings. 23. Subcontracts: 23.1. All Subcontracts shall be awarded in conformity with the requirements of the General Laws, Commonwealth of Massachusetts, Chapter 149, Sections 44A to 44L, inclusive. 23.2. The Contractor agrees that it is as fully responsible to the Town for the acts and omissions of its Subcontractors and of persons either directly or indirectly employed by them, as it is for the acts and omissions of persons directly employed by it. 23.3. Nothing contained in the Contract Documents shall create any contractual relationship between any Subcontractor and the Town. 24. Contractor -Subcontractor Relations: The Contractor agrees to bind every Subcontractor and every Subcontractor agrees to be bound by the terms of the Agreement, the General Conditions of the Contract, the Supplementary General Conditions, the Drawings and Specifications, as far as applicable to its work, including the provisions of the General Laws, Commonwealth of Massachusetts, Chapter 149, Section 44A, et seq. 25. Indemnification: 25.1. 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, 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 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. 25.2. In any and all claims against the Town or any of their agents or employees by any employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this paragraph shall not be limited in any way by any limitation on the Town of North Andover IFB Page 24 of 31 Secure Storage and Evidence Tracking System amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under Workmen's Compensation Acts, disability benefit acts or other employee benefit acts. 25.3. 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. 26. The Contractor's Insurance: 26.1. The Contractor shall purchase and maintain such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor's operations under the Contract, whether such operations be by itself or by any Subcontractor or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. 26.1.1. Claims under Worker's Compensation, disability benefit and other similar employee benefit acts; 26.1.2. Claims for damages because of bodily injury, occupational sickness or disease, or death of its employees, and claims insured by usual personal injury liability coverage; 26.1.3. Claims for damage because of bodily injury, sickness or disease, or death of any person other than its employees, and claims insured by usual personal liability coverage; 26.1.4. Claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom. 26.2. The insurance required by the above shall be written for not less than the following minimum limits of liability: 26.2.1. Worker's Compensation Insurance Requirements Workers' Compensation coverage as required by the laws of the Commonwealth of Massachusetts. 26.2.2.1. Liability Insurance Requirements Liability insurance shall include all major divisions and shall be on a comprehensive general basis including Premises and Operations, Owners and Contractor's Protective, Products and Completed Operations, and Owned, Non -owned and Hired Motor Vehicles. All such insurance shall be written for not less than any limits of liability required by law, unless otherwise provided in the contract documents, or the following limits, whichever are greater: Town of North Andover IFB Page 25 of 31 Secure Storage and Evidence Tracking System Comprehensive General Liability Insurance (Broad Form) Bodily Injury Property Damage Automobile Liability Insurance Excess Liability (Umbrella) $1,000,000 per person $3,000,000 per occurrence $1,000,000 per occurrence $3,000,000 annual aggregate $500,000 per person $1,000,000 per occurrence $10,000,000 Excess Liability (Umbrella) Insurance (Subcontractors) $1,000,000 or 1.5 times the value of The subcontract, whichever is Higher 26.3. The above insurance policies shall also be subject to the following requirements: 26.3.1. Insurance coverage for the Contractor's Comprehensive General Liability, as hereinafter specified under Paragraph entitled "Protective Liability Insurance" shall be written by one and the same insurance company to avoid the expense of duplicate and/or overlapping coverage and to facilitate and expedite the settlement of claims. 26.3.2. Certificates of Insurance acceptable to the Town shall be addressed to and filed with the Town prior to commencement of the work. Renewal certificates shall be addressed to and filed with the Town at least ten (10) days prior to the expiration date of required policies. 26.3.3. No insurance coverage shall be subject to cancellation without at least thirty (30) days prior written notice forwarded by registered or certified mail to the Town. The Town shall also be notified of the attachment of any restrictive amendments to the policies. 26.3.4. All Certificates of Insurance shall be on the "MIIA" or "ACORD" Certificate of Insurance form, shall contain true transcripts from the policies, authenticated by the proper officer of the Insurer, evidencing in particular those insured, the extent of coverage, the location and operations to which the insurance applies, the expiration date and the above-mentioned notice clauses. 26.3.5. All premium costs shall be included in the Contractor's bid. 26.3.6. All insurance shall be written on an occurrence basis. Coverages shall be maintained without interruption from date of the Contract until date of final payment and termination of any coverage required to be maintained after payment. Town of North Andover IFB Page 26 of 31 Secure Storage and Evidence Tracking System 27. Protective Liability Insurance: 27.1. The Contractor shall purchase and maintain such insurance as described in the preceding paragraph as will protect the Town from claims which may arise from operations under the Contract, including operations performed for the named insureds by independent contractors and general inspection thereof by the named insureds. 27.2. The Contractor shall also purchase and maintain such insurance as will protect the Town against Automobile Non -Ownership Liability in connection with the Contractor's operations under the Contract, whether such operations be by itself or by any Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. 27.3. The limits of liability for coverage required under the preceding paragraphs shall be as specified under the provisions hereof governing the Contractor's General Liability Policy. 27.4. 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 and amendments, shall be the sole responsibility of the Contractor. 28. Liens: Neither the Final Payment nor any part of the retained percentage shall become due until the Contractor, if required, shall deliver to the Town a complete release of all liens arising out of the Contract, or receipts in full in lieu thereof and, if required in either case, an affidavit that as far as it has knowledge or information, the releases and receipts include all the labor and material for which a lien could be filed. The Contractor shall comply with all statutory provisions of the General Laws of the Commonwealth of Massachusetts with regard to liens, Chapter 254 and 149 as amended (as a minimum requirement). 29. Guarantees: 29.1 The Contractor guarantees and warrants to the Town that all labor furnished under this Contract will be competent to perform the tasks undertaken, that the product of such labor will yield only first-class results, that materials and equipment furnished will be of good quality and new unless otherwise permitted by this Contract, and that the Work will be of good quality, free from faults and defects and in strict conformance with this Contract. All Work not conforming to these requirements may be considered defective. 29.2. If at any time any part of the work constructed under the terms of this contract shall in the opinion of the Town Manager require repairing due to defective work or materials furnished by the Contractor, he may notify the Contractor in writing to make the required repairs. If the Contractor shall neglect to start such repairs within ten days of the date of giving it notice thereof and to complete the same to the satisfaction of the Town Manager with reasonable dispatch, then the latter may employ other persons to make such repairs. Town of North Andover IFB Page 27 of 31 Secure Storage and Evidence Tracking System The Town shall charge the expense thereof to the Contractor and may use any moneys still retained to pay for the same, and if such sum is insufficient, the Contractor shall be obligated to pay the balance thereof. 29.3. All guarantees and warranties required in the various Sections of the Specifications which originate with a Subcontractor or Manufacturer must be delivered to the Town before final payment to the Contractor may be made for the amount of that subtrade or for the phase of work to which the guarantee or warranty relates. The failure to deliver a required guarantee or warranty shall be held to constitute a failure of the Subcontractor to fully complete his work in accordance with the Contract Documents. The Contractor's obligation to correct work is in addition to, and not in substitution of, such guarantees or warranties as may be required in the various Sections of the Specifications. This Agreement is intended to take effect as a sealed instrument. Witness our hands and seals hereto: Dated: The Town of North Andover by: Town Manager Department/Division Head Town Accountant Certified as to Appropriation Town Counsel Certified as to Form The Contractor by: Town of North Andover IFB Page 28 of 31 Secure Storage and Evidence Tracking System 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 29 of 31 Secure Storage and Evidence Tracking System 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 30 of 31 Secure Storage and Evidence Tracking System THE COMMONWEALTH OF MASSACHUSETTS i EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENTWL >� DEPARTMENT OF LABOR STANDARDS Prevailing Wage Rates DEVALL. PATRICK As determined by the Commissioner under the provisions of the JOANNE F. G LDSTEIN Governorsecretary TIMOTHY P MURRAY Massachusetts General Laws, Chapter 149, Sections 26 to 27H HEATBER E. ROWE Lt. Governor Director Awarding Authority: Town of North Andover Contract Number: City/Town: NORTH ANDOVER Description of Work: Secure storage and evidence tracking system installation work at the Police Department. This would be a pass-through unit installed in an existing wall Job Location: 1475 Osgood Street Classification Effective Dates and Total Rates Construction (2 AXLE) DRIVER - EQUIPMENT 12/01/2010 $44.430 06/01/2011 545.180 12/01/2011 $45.840 (3 AXLE) DRIVER - EQUIPMENT (4 & 5 AXLE) DRIVER - EQUIPMENT ADS/SUBMERSIBLE PILOT AIR TRACK OPERATOR ASBESTOS REMOVER - PIPE / MECH. EQUIPT. ASPHALT RAKER ASPHALT/CONCRETE/CRUSHER PLANT -ON SITE BACKHOE/FRONT-END LOADER BARCO-TYPE JUMPING TAMPER BLOCK PAVER, RAMMER / CURB SETTER BOILER MAKER APPRENTICE: BOILERMAKER -Local 29 Ratio Step 1 2 3 1:5 % 65.00 65.00 70.00 Apprentice wages shall be no less than the following: Step 1$42.66/2$42.66/3$44.54/4$46.43/5$48.31/6$50.20/7$52.08/8$53.97 BRICK/STONE/ARTIFICIAL MASONRY (INCL. MASONRY WATERPROOFING) APPRENTICE: BRICK/PLASTER/CEMENT MASON -Local 3 Lynn Ratio Step 1 2 3 1:5 % 50.00 60.00 70.00 Apprentice wages shall be no less than the following: Step 1$48.30/2$52.82/3$57.34/4$61.86/5$66.38 BULLDOZER/GRADER/SCRAPER CAISSON & UNDERPINNING BOTTOM MAN CAISSON & UNDERPINNING LABORER CAISSON & UNDERPINNING TOP MAN CARBIDE CORE DRILL OPERATOR CARPENTER APPRENTICE: CARPENTER - Zone 2 Eastern MA Ratio Step 1 2 3 1:5 % 50.00 60.00 70.00 Apprentice wages shall be no less than the following: Step 1$26.27/2$29.47/3$41.91/4$43.51/5$46.68/6$46.68/7$51.46/8$50.87 06/01/2012 $46.490 12/01/2012 $47.520 12/01/2010 $44.500 06/01/2011 $45.250 12/01/2011 $45.910 06/01/2012 $46.560 12/01/2012 $47.590 12/01/2010 $44.620 06/01/2011 $45.370 12/01/2011 $46.030 06/01/2012 $46.680 12/01/2012 $47.710 08/01/2010 $103.680 08/01/2011 $107.800 12/01/2010 $46.500 06/01/2011 $47.500 12/01/2011 $48.750 12/01/2009 $40.250 12/01/2010 $46.000 06/01/2011 $47.000 12/01/2011 $48.250 12/01/2010 $60.980 12/01/2010 $60.980 12/01/2010 $46.000 06/01/2011 $47.000 12/01/2011 $48.250 12/01/2010 $46.500 06/01/2011 $47.500 12/01/2011 $48.750 01/01/2010 $55.850 4 5 6 7 8 75.00 80.00 85.00 90.00 95.00 03/01/2011 $70.900 08/01/2011 $73.000 02/01/2012 $73.990 4 5 80.00 90.00 12/01/2010 $60.630 12/01/2010 $50.250 06/01/2011 $51.250 12/01/2011 $52.500 12/01/2010 $49.100 06/01/2011 $50.100 12/01/2011 $51.350 12/01/2010 $49.100 06/01/2011 $50.100 12/01/2011 $51.350 12/01/2010 $46.000 06/01/2011 $47.000 12/01/2011 $48.250 03/01/2011 $56.230 09/01/2011 $57.360 03/01/2012 $58.480 4 5 6 7 8 75.00 80.00 80.00 90.00 90.00 This wage schedule must be posted at the work site in accordance with M.G.L. ch. 149, sec. 27 Failure of the employer to pay "prevailing wage rates," which are the minimum wage rates listed above, on public works projects is a violation of M.G.L. ch. 149, sec. 27. Employees not receiving such rates should report the violation to the Office of Fair Labor and Business Practices, 100 Cambridge Street, Boston, MA 02108; Tel: 617-727-3465. Issue Date: 04/28/2011 Wage Request Number: 20110428-040 Page 1 of 10 THE COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT j DEPARTMENT OF LABOR STANDARDS Prevailing Wage Rates DEVALL. PATRICK As determined b the Commissioner under the provisions of the JOANNE F. GOLDSTEIN Govenror Y P Secretan TIMOTHY P. MURRAY Massachusetts General Laws, Chapter 149, Sections 26 to 27H HEATHER E. ROWE LL Governor Director Awarding Authority: Town of North Andover Contract Number: City/Town: NORTH ANDOVER Description of Work: Secure storage and evidence tracking system installation work at the Police Department. This would be a pass-through unit installed in an existing wall Job Location: 1475 Osgood Street Classification Effective Dates and Total Rates CEMENT MASONRY/PLASTERING 02/01/2011 $69.070 08/01/2011 $70.770 02/01/2012 $71.540 CHAIN SAW OPERATOR 12/01/2010 $46.000 06/01/2011 $47.000 12/01/2011 $48.250 CLAM SHELLS/SLURRY BUCKETS/HEADING MACHINES 12/01/2010 $61.980 COMPRESSOR OPERATOR 12/01/2010 $49.690 DELEADER(BRIDGE) 01/01/2011 $64.410 07/01/2011 $65.410 01/01/2012 $66.410 07/01/2012 $67.410 01/01/2013 $68.410 APPRENTICE: PAINTER Local 35-BRIDGES/TANKS Ratio Step 1 2 3 4 5 6 7 8 1:1 % 50.00 55.00 60.00 65.00 70.00 75.00 80.00 90.00 Apprentice wages shall be no less than the following: Steps are 750 hrs. Step 1$29.31/2$36.86/3$39.01/4$41.16/5$5L51/6$53.66/7$55.81/8$60.11 DEMO: ADZEMAN 12/01/2010 $49.100 06/01/2011 $50.100 12/01/2011 $51.350 DEMO: BACKHOE/LOADER/HAMMER OPERATOR 12/01/2010 $50.100 06/01/2011 $51.100 12/01/2011 $52.350 APPRENTICE: LABORER Demo Backhoe/Loader/Hammer Operator Ratio Step 1 2 3 4 1:5 % 60.00 70.00 80.00 90.00 Apprentice wages shall be no less than the following: Step 1$37.48/2$40.64/3$43.79/4$46.95 DEMO: BURNERS 12/01/2010 $49.850 06/01/2011 $50.850 12/01/2011 $52.100 APPRENTICE: LABORER Demo Burners Ratio Step 1 2 3 4 1:5 % 60.00 70.00 80.00 90.00 Apprentice Wages shall be no less than the following: Step 1$37.33/2$40.46/3$43.59/4$46.72 DEMO: CONCRETE CUTTER/SAWYER 12/01/2010 $50.100 06/01/2011 $51.100 12/01/2011 $52.350 DEMO: JACKHAMMER OPERATOR 12/01/2010 $49.850 06/01/2011 $50.850 12/01/2011 $52.100 DEMO: WRECKING LABORER 12/01/2010 $49.100 06/01/2011 $50.100 12/01/2011 $51.350 APPRENTICE: LABORER Demo Wrecking Laborer Ratio Step 1 2 3 4 1:5 % 60.00 70.00 80.00 90.00 Apprentice wages shall be no less than the following: Step 1$36.88/2$39.94/3$42.99/4$46.05 DIRECTIONAL DRILL MACHINE OPERATOR 12/01/2010 $60.630 DIVER 08/01/2010 $77.520 08/01/2011 $80.270 DIVER TENDER 08/01/2010 $62.570 08/01/2011 $65.320 DIVER TENDER (EFFLUENT) 08/01/2010 $81.250 08/01/2011 $85.380 DIVER/SLURRY (EFFLUENT) 08/01/2010 $103.680 08/01/2011 $107.800 ELECTRICIAN 03/01/2011 $68.290 This wage schedule must be posted at the work site in accordance with M.G.L. ch. 149, sec. 27 Failure of the employer to pay "prevailing wage rates," which are the minimum wage rates listed above, on public works projects is a violation of M.G.L. ch. 149, sec. 27. Employees not receiving such rates should report the violation to the Office of Fair Labor and Business Practices, 100 Cambridge Street, Boston, MA 02108; Tel: 617-727-3465. Issue Date: 04/28/2011 Wage Request Number: 20110428-040 Page 2 of 10 THE COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT s� i DEPARTMENT OF LABOR STANDARDS Prevailing Wage Rates DEVALL. PATRICK As determined by the Commissioner under the provisions of the JOANNE F. GOLDSTEIN Governor TIMOTHY P MURRAY Massachusetts General Laws, Chapter 149, Sections 26 to 27H HEATHER E. ROWE LL Govem0r Director Awarding Authority: Town of North Andover Contract Number: City/Town: NORTH ANDOVER Description of Work: Secure storage and evidence tracking system installation work at the Police Department. This would be a pass-through unit installed in an existing wall Job Location: 1475 Osgood Street Classification Effective Dates and Total Rates APPRENTICE: ELECTRICIAN - Local 103 Ratio Step 1 2 3 4 5 6 7 8 9 10 2:3"' % 40.00 40.00 45.00 45.00 50.00 55.00 60.00 65.00 70.00 75.00 Apprentice wages shall be no less than the following Steps: App Prior 1/1/03; 30/35/40/45/50/55/65/70/75/80 1$37.38/2$37.38/3$44.81/4$44.81/5$46.95/6$49.08/7$51.22/8$53.35/9$55.49/10$57.62 ELEVATOR CONSTRUCTOR 01/01/2011 $66.690 01/01/2012 $68.190 APPRENTICE: ELEVATOR CONSTRUCTOR -Local 4 Ratio Step 1 2 3 4 5 1:1 % 50.00 55.00 65.00 70.00 80.00 Apprentice rates shall be no less than the following: Steps 1-2 are 6 mos.; Steps 3-5 are 1 year Step 1$34.26/2$43.76/3$48.86/4$51.41/5$56.50 ELEVATOR CONSTRUCTOR HELPER 01/01/2011 $52.830 01/01/2012 $54.330 FENCE & GUARD RAIL ERECTOR 12/01/2010 $46.000 06/01/2011 $47.000 12/01/2011 $48.250 FIELD ENG. - INST. PERSON (BLDG, SITE, HVY CONST) 11/01/2010 $58.140 05/01/2011 $59.380 FIELD ENG. - ROD PERSON (BLDG, SITE, HVY CONST) 11/01/2010 $42.200 05/01/2011 $42.930 FIELD ENG. -CHIEF OF PARTY (BLDG, SITE, HVY CONST) 11/01/2010 $59.520 05/01/2011 $60.770 FIRE ALARM INSTALLER 03/01/2011 $68.290 FIRE ALARM REPAIR / MAINTENANCE 03/01/2011 $56.300 /COMMISSIONING FIREMAN (ASST. ENGINEER) 12/01/2010 $54.840 FLAGGER & SIGNALER 12/01/2010 $36.650 06/01/2011 $37.650 12/01/2011 $37.650 FLOORCOVERER 03/01/2011 $61.110 09/01/2011 $62.360 03/01/2012 $63.610 APPRENTICE: FLOORCOVERER - Local 2168 Zone] Ratio Step 1 2 3 4 5 6 7 8 1:1 % 50.00 55.00 60.00 65.00 70.00 75.00 80.00 85.00 Apprentice rates shall be no less than the following: Steps are 750 hrs. Step 1$28.38/2$30.17/3$41.41/4$43.20/5$46.78/6$48.57/7$52.15/8$53.95 FORK LIFT/CHERRY PICKER 12/01/2010 $60.980 GENERATOR/LIGHTING PLANT/HEATERS 12/01/2010 $49.690 GLAZIER (GLASS PLANK/AIR BARRIER/INTERIOR SYSTEMS) 01/01/2011 $53.910 07/01/2011 $54.910 01/01/2012 $55.910 07/01/2012 $56.910 01/01/2013 $57.910 APPRENTICE: GLAZIER - Local 35 Zone 2 Ratio Step 1 2 3 4 5 6 7 8 1:1 % 50.00 55.00 60.00 65.00 70.00 75.00 80.00 90.00 Apprentice wages shall be no less than the following: Steps are 750 hrs. Step 1$24.06/2$31.08/3$32.71/4$34.33/5$44.16/6$45.78/7$47.41/8$50.66 HOISTING ENGINEER/CRANES/GRADALLS 12/01/2010 $60.980 This wage schedule must be posted at the work site in accordance with M.G.L. ch. 149, sec. 27 Failure of the employer to pay "prevailing wage rates," which are the minimum wage rates listed above, on public works projects is a violation of M.G.L. ch. 149, sec. 27. Employees not receiving such rates should report the violation to the Office of Fair Labor and Business Practices, 100 Cambridge Street, Boston, MA 02108; Tel: 617-727-3465. Issue Date: 04/28/2011 Wage Request Number: 20110428-040 Page 3 of 10 THE COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENTUTL si DEPARTMENT OF LABOR STANDARDS Prevailing Wage Rates DEVAL L. PATRICK Asdetermined by the Commissioner under the provisions of the JOANNE F. GOLDSTEIN Goverrtor TIMOTHYP NIURRAY Massachusetts General Laws, Chapter 149, Sections 26 to 27H HEATHER E. ROWE Lt. Governor Director Awarding Authority: Town of North Andover Contract Number: City/Town: NORTH ANDOVER Description of Work: Secure storage and evidence tracking system installation work at the Police Department. This would be a pass-through unit installed in an existing wall Job Location: 1475 Osgood Street Classification Effective Dates and Total Rates APPRENTICE: HOIST/PORT. ENG.- Local 4 Ratio Step 1 2 3 4 5 6 7 8 1:6 % 55.00 60.00 65.00 70.00 75.00 80.00 85.00 90.00 Apprentice wages shall be no less than the following: Step 1$31.33/2$45.47/3$47.41/4$49.35/5$51.29/6$53.22/7$55.16/8$57.10 HVAC (DUCTWORK) 02/01/2011 $65.170 08/01/2011 $66.420 02/01/2012 $67.670 HVAC (ELECTRICAL CONTROLS) HVAC (TESTING AND BALANCING - AIR) HVAC (TESTING AND BALANCING -WATER) HVAC MECHANIC HYDRAULIC DRILLS INSULATOR (PIPES & TANKS) APPRENTICE: ASBESTOS INSULATOR (Pipes & Tanks) - Local 6 Boston Ratio Step 1 2 3 1:4 % 50.00 60.00 70.00 Apprentice wages shall be no less than the following: Step 1$37.34/2$42.20/3$47.07/4$51.93 IRONWORKER/WELDER APPRENTICE: IRONWORKER - Local 7 Lawrence Ratio Step 1 2 3 % 60.00 70.00 75.00 Apprentice wages shall be no less than the following: Step 1$44.18/2$47.27/3$48.81/4$50.35/5$51.90/6$53.44 JACKHAMMER & PAVING BREAKER OPERATOR LABORER APPRENTICE: LABORER - Zone 2 Ratio Step 1 2 3 1:5 % 60.00 70.00 80.00 Apprentice wages shall be no less than the following: Step 1$34.31/2$37.17/3$40.03/4$42.89 LABORER: CARPENTER TENDER LABORER: CEMENT FINISHER TENDER LABORER: HAZARDOUS WASTE/ASBESTOS REMOVER LABORER: MASON TENDER LABORER: MULTI -TRADE TENDER LABORER: TREE REMOVER 08/01/2012 $68.920 03/01/2011 $68.290 02/01/2011 $65.170 08/01/2012 $68.920 09/01/2010 $64.400 09/01/2010 $64.400 12/01/2010 $46.500 09/01/2010 $61.660 02/01/2013 $70.170 08/01/2011 $66.420 02/01/2012 $67.670 02/01/2013 $70.170 06/01/2011 $47.500 12/01/2011 $48.750 4 80.00 Steps are 1 year 03/16/2010 $56.530 4 5 6 80.00 85.00 90.00 Structural 1:6; Ornamental 1:4 4 90.00 12/01/2010 $46.000 06/01/2011 $47.000 12/01/2011 $48.250 12/01/2010 $45.750 06/01/2011 $46.750 12/01/2011 $48.000 12/01/2010 $45.750 06/01/2011 $46.750 12/01/2011 $48.000 12/01/2010 $45.750 06/01/2011 $46.750 12/01/2011 $48.000 12/01/2010 $45.750 06/01/2011 $46.750 12/01/2011 $48.000 12/01/2010 $46.000 06/01/2011 $47.000 12/01/2011 $48.250 12/01/2010 $45.750 06/01/2011 $46.750 12/01/2011 $48.000 12/01/2010 $45.750 06/01/2011 $46.750 12/01/2011 $48.000 This wage schedule must be posted at the work site in accordance with M.G.L. ch. 149, sec. 27 Failure of the employer to pay "prevailing wage rates," which are the minimum wage rates listed above, on public works projects is a violation of M.G.L. ch. 149, sec. 27. Employees not receiving such rates should report the violation to the Office of Fair Labor and Business Practices, 100 Cambridge Street, Boston, MA 02108; Tel: 617-727-3465. Issue Date: 04/28/2011 Wage Request Number: 20110428-040 Page 4 of 10 THE COMMONWEALTH OF MASSACHUSETTS # EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT i DEPARTMENT OF LABOR STANDARDS Prevailing Wage Rates DEVALL. PATRICK As determined by the Commissioner under the provisions of the JOANNE F. GOLDSTEIN Governor TIMOTHY P. MURRAY Massachusetts General Laws, Chapter 149, Sections 26 to 27H HEATHER E. ROWE LL Governor Director Awarding Authority: Town of North Andover Contract Number: City/Town: NORTH ANDOVER Description of Work: Secure storage and evidence tracking system installation work at the Police Department. This would be a pass-through unit installed in an existing wall Job Location: 1475 Osgood Street Classification Effective Dates and Total Rates This classification applies to the wholesale removal of standing trees including all associated trimming of branches and limbs, and applies to the removal of branches at locations not on or around utility lines. LASER BEAM OPERATOR 12/01/2010 546.000 06/01/2011 $47.000 12/01/2011 $48.250 MARBLE &TILE FINISHERS 03/01/2011 $59.270 08/01/2011 $60.950 02/01/2012 $61.740 APPRENTICE: MARBLE & TILE FINISHER -Local 3 Marble & Tile Ratio Step 1 2 3 4 5 1:3 % 50.00 60.00 70.00 80.00 90.00 Apprentice wages shall be no less than the following: Steps are 800 hrs. Step 1$41.98/2$45.43/3$48.89/4$52.35/5$55.81 MARBLE MASONS,TILELAYERS & TERRAZZO MECH 03/01/2011 $70.940 08/01/2011 $73.040 02/01/2012 $74.030 APPRENTICE: MARBLE -TILE -TERRAZZO MECHANIC -Local 3 Marble & Tile Ratio Step 1 2 3 4 5 1:3 % 50.00 60.00 70.00 80.00 90.00 Apprentice wages shall be no less than the following: Step 1$48.32/2$52.84/3$57.37/4$61.89/5$66.42 MECH. SWEEPER OPERATOR (NON -CONSTRUCTION) 07/01/2010 $29.590 07/01/2011 $30.290 MECH. SWEEPER OPERATOR (ON CONST. SITES) 12/01/2010 $60.630 MECHANICS MAINTENANCE 12/01/2010 $60.630 MILLWRIGHT (Zone 2) 04/01/2011 $55.990 APPRENTICE: MILLWRIGHT -Loral 1121 Zone 2 Ratio Step 1 2 3 4 5 6 7 8 1:5 % 50.00 55.00 60.00 65.00 70.00 75.00 80.00 85.00 Apprentice wages shall be no less than the following: Step 1$36.17/2$37.75/3$40.93/4$42.51/5$44.89/6$46.47/7$48.86/8$50.44 MORTAR MIXER 12/01/2010 $46.000 06/01/2011 $47.000 12/01/2011 $48.250 OILER (OTHER THAN TRUCK CRANES,GRADALLS) 12/01/2010 $43.170 OILER (TRUCK CRANES, GRADALLS) 12/01/2010 546.330 OTHER POWER DRIVEN EQUIPMENT - CLASS II 12/01/2010 $60.630 PAINTER(BRIDGES/TANKS) 01/01/2011 $64.410 07/01/2011 $65.410 01/01/2012 $66.410 07/01/2012 $67.410 01/01/2013 $68.410 APPRENTICE: PAINTER Local 35 -BRIDGES/TANKS Ratio Step 1 2 3 1:1 % 50.00 55.00 60.00 Apprentice wages shall be no less than the following: Step 1$29.31/2$36.86/3$39.01/4$41.16/5$51.51/6$53.66/7$55.81/8$60.11 PAINTER (SPRAY OR SANDBLAST, NEW) * * If 30% or more of surfaces to be painted are new construction, NEW paint rate shall be used. 4 5 6 7 8 65.00 70.00 75.00 80.00 90.00 Steps are 750 hrs. 01/01/2011 $55.310 07/01/2011 $56.310 01/01/2012 $57.310 07/01/2012 $58.310 01/01/2013 $59.310 This wage schedule must be posted at the work site in accordance with M.G.L. ch. 149, sec. 27 Failure of the employer to pay "prevailing wage rates," which are the minimum wage rates listed above, on public works projects is a violation of M.G.L. ch. 149, sec. 27. Employees not receiving such rates should report the violation to the Office of Fair Labor and Business Practices, 100 Cambridge Street, Boston, MA 02108; Tel: 617-727-3465. Issue Date: 04/28/2011 Wage Request Number: 20110428-040 Page 5 of 10 THE COMMONWEALTH OF MASSACHUSETTS W EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT DEPARTMENT OF LABOR STANDARDS Prevailing Wage Rates wi DEVALL. PATRICK Asdetermined by the Commissioner under the provisions of the JOANNE S F. GOLDSTEIN Governor TIMOTHY P MURRAY Massachusetts General Laws, Chapter 1.49, Sections 26 to 27H HEATHER E. ROWE LL Governor Director Awarding Authority: Town of North Andover Contract Number: City/Town: NORTH ANDOVER Description of Work: Secure storage and evidence tracking system installation work at the Police Department. This would be a pass-through unit installed in an existing wall Job Location: 1475 Osgood Street Classification Effective Dates and Total Rates APPRENTICE: PAINTER Local 35 Zone 2 - Spray/Sandblast - New Ratio Step 1 2 3 1:1 % 50.00 55.00 60.00 Apprentice wages shall be no less than the following: Step 1$24.76/2$31.85/3$33.55/4$35.24/5$45.14/6$46.83/7$48.53/8$51.92 PAINTER (SPRAY OR SANDBLAST, REPAINT) APPRENTICE: PAINTER Local 35 Zone 2 - Spray/Sandblast - Repaint Ratio Step 1 2 3 1:1 % 50.00 55.00 60.00 Apprentice wages shall be no less than the following: Step 1$23.79/2$30.78/3$32.38/4$33.98/5$43.78/6$45.38/7$46.98/8$50.17 PAINTER (TRAFFIC MARKINGS) PAINTER / TAPER (BRUSH, NEW)• ' If 30% or more of surfaces to be painted are new construction, NEW paint rate shall be used. APPRENTICE: PAINTER - Loral 35 Zone 2 - BRUSH NEW Ratio Step 1 2 3 1:1 % 50.00 55.00 60.00 Apprentice wages shall be no less than the following: Step 1$24.06/2$31.08/3$32.71/4$34.33/5$44.16/6$45.78/7$47.41/8$50.66 PAINTER / TAPER (BRUSH, REPAINT) APPRENTICE: PAINTER Local 35 Zone 2 - BRUSH REPAINT Ratio Step 1 2 3 1:1 % 50.00 55.00 60.00 Apprentice wages shall be no less than the following: Step 1$23.09/2$30.01/3$31.54/4$33.07/5$42.80/6$44.33/7$45.86/8$48.91 PANEL & PICKUP TRUCKS DRIVER PIER AND DOCK CONSTRUCTOR (UNDERPINNING AND DECK) PILE DRIVER APPRENTICE: PILE DRIVER - Local 56 Zone 1 Ratio Step 1 2 3 1:3 % 60.00 65.00 70.00 Apprentice wages shall be no less than the following: Step 1$47.62/2$49.49/3$51.36/4$53.23/5$55.10/6$56.96/7$58.83/8$60.70 PIPEFITTER & STEAMFITTER 4 5 6 7 8 65.00 70.00 75.00 80.00 90.00 01/01/2011 $53.370 07/01/2011 $54.370 07/01/2012 $56.370 01/01/2013 $57.370 4 5 6 7 8 65.00 70.00 75.00 80.00 90.00 12/01/2010 $45.750 01/01/2011 $53.910 07/01/2012 $56.910 4 5 6 65.00 70.00 75.00 Steps are 750 hrs. 01/01/2011 $51.970 07/01/2012 $54.970 4 5 6 65.00 70.00 75.00 Steps are 750 hrs. 12/01/2010 $44.260 06/01/2012 $46.320 08/01/2010 $62.570 08/01/2010 $62.570 06/01/2011 $46.750 07/01/2011 $54.910 01/01/2013 $57.910 7 8 80.00 90.00 07/01/2011 $52.970 01/01/2013 $55.970 7 8 80.00 90.00 06/01/2011 $45.010 12/01/2012 $47.350 08/01/2011 $65.320 08/01/2011 $65.320 4 5 6 7 8 75.00 80.00 85.00 90.00 95.00 09/01/2010 $64.400 01/01/2012 $55.370 12/01/2011 $48.000 01/01/2012 $55.910 01/01/2012 $53.970 12/01/2011 $45.670 This wage schedule must be posted at the work site in accordance with M.G.L. ch. 149, sec. 27 Failure of the employer to pay "prevailing wage rates," which are the minimum wage rates listed above, on public works projects is a violation of M.G.L. ch. 149, sec. 27. Employees not receiving such rates should report the violation to the Office of Fair Labor and Business Practices, 100 Cambridge Street, Boston, MA 02108; Tel: 617-727-3465. Issue Date: 04/28/2011 Wage Request Number: 20110428-040 Page 6 of 10 THE COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT kv DEPARTMENT OF LABOR STANDARDS Prevailing Wage Rates DEVALL. PATRICK Asdetermined by the Commissioner under the provisions of the JOANNE F. GOLDSIEIN Gorertmr Secretary TIMOTHY P MURRAY Massachusetts General Laws, Chapter 149, Sections 26 to 27H HEATHER E. ROWE Lt Go, c-, Director Awarding Authority: Town of North Andover Contract Number: City/Town: NORTH ANDOVER Description of Work: Secure storage and evidence tracking system installation work at the Police Department. This would be a pass-through unit installed in an existing wall Job Location: 1475 Osgood Street Classification Effective Dates and Total Rates APPRENTICE: PIPEFITTER Local 537 (Local 138) Ratio Step 1 2 3 4 ** % 40.00 45.00 60.00 70.00 Apprentice wages: Stepl $30.50/2$40.33/3$46.90/4$51.27/5$55.65 Refrig/AC Mechanic ** 1:1;1:2;2:4;3:6;4:8;5:10;6:12;7:14;8:17;9:20;10:23(Max) PIPELAYER PLUMBER APPRENTICE: PLUMBER/GASFITTER - Local 12 (Local 138) 5 80.00 * * 1:3; 3:15; 1:10 thereafter / Steps are 1 yr. 12/01/2010 $46.000 06/01/2011 $47.000 12/01/2011 $48.250 03/01/2011 $63.420 09/01/2011 $64.170 03/01/2012 $64.970 09/01/2012 $66.220 03/01/2013 $67.470 Ratio Step 1 2 3 4 5 1:5 % 35.00 40.00 55.00 65.00 75.00 Apprentice wages shall be no less than the following: Step 1$28.58/2$31.26/3$39.30/4$4466/41icS47.35/5$50.03/51ic$52.69 PNEUMATIC CONTROLS (TEMP.) 09/01/2010 $64.400 PNEUMATIC DRILL/TOOL OPERATOR 12/01/2010 $46.000 06/01/2011 547.000 12/01/2011 $48.250 POWDERMAN & BLASTER 12/01/2010 $46.750 06/01/2011 $47.750 12/01/2011 $49.000 POWER SHOVEL/DERRICK/TRENCHING MACHINE 12/01/2010 $60.980 PUMP OPERATOR (CONCRETE) 12/01/2010 $60.980 PUMP OPERATOR (DEWATERING, OTHER) 12/01/2010 S49.690 READY -MIX CONCRETE DRIVER 04/30/2009 $37.100 RECLAIMERS 12/01/2010 $60.630 RESIDENTIAL WOOD FRAME CARPENTER ** 04/01/2009 $35.620 ** The Residential Wood Frame Carpenter classification applies only to the construction ofnew, wood frame residences that do not exceed four stories including the basement. As of 9/1/09 Carpentry work on wood -frame residential WEATHERIZATION projects shall be paid the RESIDENTIAL WOOD FRAME CARPENTER rate. APPRENTICE: CARPENTER (Residential Wood Frame) - Zone 2 Ratio Step 1 2 3 1:5 % 60.00 60.00 65.00 Apprentice wages shall be no less than the following: Step 1$20.13/2$26.04/3$27.23/4$28.43/5$29.63/6$30.83/7$32.03/8$33.22 RIDE -ON MOTORIZED BUGGY OPERATOR ROLLER/SPREADER/MULCHING MACHINE ROOFER (Inc.Roofer Waterproofng &Roofer Damproofg) APPRENTICE: ROOFER - Local 33 4 5 6 7 8 70.00 75.00 80.00 85.00 90.00 Ratio Step 1 2 3 4 ** % 50.00 60.00 65.00 75.00 ** 1:5,2:6-10, the 1:10; Reroofing: 1:4, then 1:1 Apprentice rates no less than: Step 1$30.41/2$40.64/3$42.41/4$45.97/5$49.53 12/01/2010 S46.000 06/01/2011 $47.000 12/01/2011 $48.250 12/01/2010 $60.630 02/01/2011 $54.860 08/01/2011 $55.860 02/01/2012 $56.860 08/01/2012 $57.860 02/01/2013 $58.860 5 85.00 Step I is 2000 hrs.; Steps 2-5 are 1000 hrs. This wage schedule must be posted at the work site in accordance with M.G.L. ch. 149, sec. 27 Failure of the employer to pay "prevailing wage rates," which are the minimum wage rates listed above, on public works projects is a violation of M.G.L. ch. 149, sec. 27. Employees not receiving such rates should report the violation to the Office of Fair Labor and Business Practices, 100 Cambridge Street, Boston, MA 02108; Tel: 617-727-3465. Issue Date: 04/28/2011 Wage Request Number: 20110428-040 Page 7 of 10 THE COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT DEPARTMENT OF LABOR STANDARDS Prevailing Wage Rates k vi DEVALL. PATRICK As determined b the Commissioner under the provisions of the JOANNE F. GOLDSTEIN Go,cm, y P Secretary TIMOTHY P MURRAY Massachusetts General Laws, Chapter 149, Sections 26 to 27H HEATHER E. ROWE Lt. Governor Director Awarding Authority: Town of North Andover Contract Number: City/Town: NORTH ANDOVER Description of Work: Secure storage and evidence tracking system installation work at the Police Department. This would be a pass-through unit installed in an existing wall Job Location: 1475 Osgood Street Classification Effective Dates and Total Rates ROOFER SLATE / TILE / PRECAST CONCRETE 02/01/2011 $55.110 08/01/2011 $56.110 02/01/2012 $57.110 08/01/2012 $58.110 02/01/2013 $59.110 APPRENTICE: ROOFER (Slate/Tile/Precast Concrete) - Local 33 Ratio Step 1 2 3 4 «« % 50.00 60.00 65.00 75.00 Apprentices wages shall be paid no less than the following: Step 1$30.54/2$40.79/3$42.58/4$46.16/5$49.74 SHEETMETAL WORKER APPRENTICE: SHEET METAL WORKER - Local 17-A Ratio Step 1 2 3 4 1:4 % 40.00 45.00 50.00 60.00 Apprentice wages shall be no less than the following: Step 1$28.86/2$34.49/3$37.38/4$42.38/5$45.01/6$50.27/7$55.03 SIGN ERECTOR APPRENTICE: SIGN ERECTOR - Local 35 Zone 2 Ratio Step 1 2 3 4 1:1 % 50.00 55.00 60.00 65.00 Apprentice wages shall be no less than the following: Step 1$19.48/2$23.12/3$24.36/4$25.60/5$30.34/6$31.58/7$32.82/8$34.06/9$35.30 SPECIALIZED EARTH MOVING EQUIP < 35 TONS SPECIALIZED EARTH MOVING EQUIP > 35 TONS SPRINKLER FITTER APPRENTICE: SPRINKLER FITTER - Local 550 (Section B) Ratio Step 1 2 3 4 1:1 % 40.00 45.00 50.00 55.00 Apprentices wages shall be no less than the following steps: 1$34.42/2$36.75/3 $39.08/4$41.40/5$43.73/6$46.06/7$48.39/8$50.71 /9$53.04/10$55.37 STEAM BOILER OPERATOR TAMPERS, SELF-PROPELLED OR TRACTOR DRAWN TELECOMMUNICATION TECHNICIAN 5 85.00 02/01/2011 $65.170 08/01/2011 $66.420 02/01/2012 $67.670 08/01/2012 $68.920 02/01/2013 $70.170 5 6 7 65.00 75.00 85.00 Steps 1-3 are 1 year; Steps 4-7 are 6 mos. 06/01/2009 $37.780 5 6 7 8 9 70.00 75.00 80.00 85.00 90.00 Steps are 4 mos. 12/01/2010 $44.720 06/01/2011 $45.470 12/01/2011 $46.130 06/01/2012 $46.780 12/01/2012 $47.810 12/01/2010 $45.010 06/01/2011 $45.760 12/0l/2011 $46.420 06/01/2012 $47.070 12/01/2012 $48.100 01/01/2011 $66.100 09/01/2011 $66.900 01/01/2012 $67.050 03/01/2012 $67.800 09/01/2012 $68.800 01/01/2013 $68.950 03/01/2013 $69.950 5 6 7 8 9 10 60.00 65.00 70.00 75.00 80.00 85.00 12/01/2010 $60.630 12/01/2010 $60.630 03/01/2011 $56.300 This wage schedule must be posted at the work site in accordance with M.G.L. ch. 149, sec. 27 Failure of the employer to pay "prevailing wage rates," which are the minimum wage rates listed above, on public works projects is a violation of M.G.L. ch. 149, sec. 27. Employees not receiving such rates should report the violation to the Office of Fair Labor and Business Practices, 100 Cambridge Street, Boston, MA 02108; Tel: 617-727-3465. Issue Date: 04/28/2011 Wage Request Number: 20110428-040 Page 8 of 10 .114 THE COMMONWEALTH OF MASSACHUSETTS s> EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT DEPARTMENT OF LABOR STANDARDS Prevailing Wage Rates DEVALL. PATRICK As determined by the Commissioner under the provisions of the JOANNE F. GOLDSTEIN Governor TIMOTHY P. MURRAY Massachusetts General Laws, Chapter 149, Sections 26 to 27H HEATHER E. ROWE LL Governor Director Awarding Authority: Town of North Andover Contract Number: City/Town: NORTH ANDOVER Description of Work: Secure storage and evidence tracking system installation work at the Police Department. This would be a pass-through unit installed in an existing wall Job Location: 1475 Osgood Street Classification Effective Dates and Total Rates rr APPRENTICE: TELECOMMUNICATION TECHNICIAN -Local 103 Ratio Step 1 2 3 4 1:1 % 40.00 45.00 50.00 55.00 Apprentice wages shall be no less than the following: Step 1$37.09/2$38.69/3$40.30/4$41.89/5$43.49/6$45.10/7$48.30/8$49.90 TERRAZZO FINISHERS APPRENTICE: TERRAZZO FINISHER - Local 3 Marble & Tile Ratio Step 1 2 3 1:3 % 50.00 60.00 70.00 Apprentice wages shall be no less than the following: Step 1$47.77/2$52.18/3$56.60/4$61.01/5$65.43 TEST BORING DRILLER TEST BORING DRILLER HELPER TEST BORING LABORER TRACTORS/PORTABLESTEAM GENERATORS TRAILERS FOR EARTH MOVING EQUIPMENT TUNNEL WORK - COMPRESSED AIR TUNNEL WORK - COMPRESSED AIR (HAZ. WASTE) TUNNEL WORK - FREE AIR TUNNEL WORK - FREE AIR (HAZ. WASTE) VAC -HAUL WAGON DRILL OPERATOR WASTE WATER PUMP OPERATOR WATER METER INSTALLER 5 6 7 8 60.00 65.00 75.00 80.00 03/01/2011 $69.840 08/01/2011 $71.940 02/01/2012 $72.930 4 5 80.00 90.00 Steps are 800 hrs. 12/01/2010 $50.500 06/01/2011 $51.500 12/01/2011 $52.750 12/01/2010 $49.220 06/01/2011 $50.220 12/01/2011 $51.470 12/01/2010 $49.100 06/01/2011 $50.100 12/01/2011 $51.350 12/01/2010 $60.630 12/01/2010 $45.300 06/01/2011 $46.050 12/01/2011 $46.710 06/01/2012 $47.360 12/01/2012 $48.390 12/01/2010 $61.680 06/01/2011 $62.930 12/01/2011 $64.180 12/01/2010 $63.680 06/01/2011 $64.930 12/01/2011 $66.180 12/01/2010 $53.750 06/01/2011 $55.000 12/01/2011 $56.250 12/01/2010 $55.750 06/01/2011 $57.000 12/01/2011 $58.250 12/01/2010 $44.720 06/01/2011 $45.470 12/01/2011 $46.130 06/01/2012 $46.780 12/01/2012 $47.810 12/01/2010 546.000 06/01/2011 547.000 12/01/2011 $48.250 12/01/2010 $60.980 03/01/2011 $63.420 09/01/2011 $64.170 03/01/2012 $64.970 09/01/2012 $66.220 03/01/2013 $67.470 This wage schedule must be posted at the work site in accordance with M.G.L. ch. 149, sec. 27 Failure of the employer to pay "prevailing wage rates," which are the minimum wage rates listed above, on public works projects is a violation of M.G.L. ch. 149, sec. 27. Employees not receiving such rates should report the violation to the Office of Fair Labor and Business Practices, 100 Cambridge Street, Boston, MA 02108; Tel: 617-727-3465. Issue Date: 04/28/2011 Wage Request Number: 20110428-040 Page 9 of 10 THE COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT DEPARTMENT OF LABOR STANDARDS Prevailing Wage Rates DEVALL. PATRICK As determined by the Commissioner under the provisions of the JOANNE S F. GOLDSTEIN Govcmor TIMOTHY P. MURRAY Massachusetts General Laws, Chapter 149, Sections 26 to 27H HEATHER E. ROWE Lt. Governor Director Awarding Authority: Town of North Andover Contract Number: City/Town: NORTH ANDOVER Description of Work: Secure storage and evidence tracking system installation work at the Police Department. This would be a pass-through unit installed in an existing wall Job Location: 1475 Osgood Street Classification Effective Dates and Total Rates Additional Apprentice Information: Minimum wage rates for apprentices employed on public works projects are listed above as a percentage of the pre -determined hourly wage rate established by the Commissioner under the provisions of the M.G.L. c. 149, ss. 26-27D. Apprentice ratios are established by the Division of Apprenticeship Training pursuant to M.G.L. c. 23, ss. 11 E-1 IL. All apprentices must be registered with the Division of Apprenticeship Training in accordance with M.G.L. c. 23, ss. 11&I 1L. All steps are six months (1000 hours) unless otherwise specified. Ratios are expressed in allowable number of apprentices to journeymen or fraction thereof. " Multiple ratios are listed in the comment field. •" The job site ratio of 2 apprentices (APP) for every 3 journeymen (JM) is allowed as follows: I JM: 1 APP; 2-3 JM: 2 APP; 4-6 JM: 4 APP; 7-9 JM: 6 APP; 10-12 JM: 8 APP; 13-15 JM: 10 APP; etc. •'•' The job site ratio of 2 apprentices (APP) for every 3 joumeymen (JM) is allowed as follows: This wage schedule must be posted at the work site in accordance with M.G.L. ch. 149, sec. 27 Failure of the employer to pay "prevailing wage rates," which are the minimum wage rates listed above, on public works projects is a violation of M.G.L. ch. 149, sec. 27. Employees not receiving such rates should report the violation to the Office of Fair Labor and Business Practices, 100 Cambridge Street, Boston, MA 02108; Tel: 617-727-3465. Issue Date: 04/28/2011 Wage Request Number: 20110428-040 Page 10 of 10 Request Official Wage Schedule Al tr. Confirmation Page 1 of 2 Your request for an Official Prevailing Wage Schedule has been successfully received and is being processed by DOS. The schedule will be emailed to the email address provided in your request. Please note the wage request number 20110428-040 for future inquires. Request another official Wage Schedule http://prevailingwage.detma.orv,/Wa�zeRequest.aspx?wr=121 &AspxAutoDeteetCookieSui)... 4/28/2011 SPR Goods and Services Submit Confirmation Page 1 of 2 State Publications • Regulations William Francis Galvin, Secretary of the Commonwealth The following Goods and Services submission was successfully received. Planned date of publish is 5/2/2011 Awarding Agency Agency Name Town of North Andover 120 Main Street North and Address: Andover, MA 01845 Bid Number: Contact Information Name: IRay Santilli Title: Phone: Assistant Town Manager 978-688-9516 71 Fax 978-688-9556 Email Address: rsantillintownofnorthandover.com Address: Notify email address listed when final publish date assigned (if different from above) Description The Town of North Andover is issuing an IFB for the purchase, installation and maintenance of a secure storage and evidence tracking system. The Town is seeking a fingerprint biometrics based system solution that can replace its present process of manually recording the chain of custody logs and handling of evidence The system must have the ability to control the issuance and return of evidence by assigned case number, date, time, and the finger print of the officer picking up or dro ping off evidence. Contract Information Estimated Rate $50,000 Duration Bid Release I 05/02/2011 Release 11:00 a.m. Date Time Bid Deadline Date 05/24/2011 Deadline 2:00 M. Time Additional The Invitation for Bid document will be available at Information www.townofnorthandover.com by clicking on 'Available Bids, Quotes and Proposals' -. SPR Goods and Services Submit Confirmation Page 2 of 2 This page can be printed for your records. httD://www.sec.state.ma.us/snmuhlieform-,/( Santilli, Ray From: regulations@sec. state. ma. us on behalf of REGS@sec. state. ma. us Sent: Wednesday, April 27, 2011 9:02 AM To: Santilli, Ray Subject: Publish Date Assigned to Goods and Services A publish date of 5/2/11 has been assigned to your Goods and Services submission with description of.- The f: The Town of North Andover is issuing an IFB for the purchase, installation and maintenance of a secure storage and evidence tracking system. The Town is seeking a fingerprint biometrics based system solution that can replace its present process of manually recording the chain of custody logs and handling of evidence. The system must have the ability to control the issuance and return of evidence by assigned case number, date, time and the finger print of the officer picking up or dropping off evidence. 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: littp://www.sec.state.ma.us/pre/preidx.htm. Please consider the environment before printing this email. L Introduction The Town of North Andover (Town) is issuing this IFB for a secure storage and evidence tracking system. The Town is seeking a fingerprint biometrics based system solution that can replace its present process of manually recording the chain of custody logs and handling of evidence . The system must have the ability to control the issuance and return of evidence by assigned case number, date, time, and the finger print of the officer picking up or dropping off evidence. This IFB shall be for the purchase, installation and maintenance of the system. Background New evidence coming under the control of an officer is currently brought to Police Headquarters where it is inventoried and placed into a locked storage container. A manual chain of custody log is then started within the police records management system. The evidence is then taken out of the locked storage container by an evidence control officer, re -inventoried to check for accuracy and placed into the locked and secured evidence storage area. The evidence control officer then manually updates the chain of custody log. When it becomes necessary for evidence to be removed from the evidence storage area for court, state lab processing or other reasons, an evidence control officer must take the evidence out of the evidence storage area and personally make a hand to hand exchange in order to have the officer checking it out take it into his possession. The chain of custody log is again manually updated to reflect this activity. Upon return of the evidence to Police Headquarters, the officer places the evidence into the locked storage container where it is removed by an evidence control officer and placed back into the locked and secured evidence storage area. With each of these moves the chair of custody log is manually updated within the police records management system. The present system has several problems which we are looking to rectify. The most significant ones are: - The chain of custody log is manually maintained. - The checking out of evidence must be a hand to hand exchange. - Notification is not always timely and/or accurate that evidence has been placed into the locked storage container. - Improve evidence continuity and chain of evidence. Minimum Equipment Specifications Goal —To install secure evidence storage and tracking system with the ability to perform the following general functions: - Evidence pass through unit must be able to fit within a 9 foot by 6 foot, 10 inch high area. - Evidence must be able to be placed into the unit from one side and taken out the back side which will be inside a temporary evidence storage room. - System must allow users to independently check in and out evidence without supervisory participation. - Track and log every transaction by date, time, case number and officer finger print identification. - Produce standard inventory and management reports. 1 Allow for the tracking of evidence not necessarily physically housed in the systems evidence room or locked storage container. Ex: Evidence transported to a State Police Lab. System must have the capability to self-report malfunctions and system failures to a Police Department system administrator. System must have the ability to be customized by Police Department administrator personnel to receive new types of evidence and make other basic system changes. System must have a wall mounted control box with a biometric finger print reader, touch screen and Window's based operating system. Evidence pass through must be a keyless electronic unit. Evidence pass through must contain a refrigerated unit for the storage of evidence such as blood and urine samples, sexual assault kits, etc. Note: The refrigerated unit may be a keyless or manual key, Voltage: 115 VAC, 60 Hz, automatic defrost, industrial grade, temperature control, digital thermometer. - Evidence pass through units may consist of various size units of which at least one (1) must be the full height of the unit, four (4) must be half the height of the unit, eight (8) must be one quarter the height of the unit, and the remainder of the units may be various sizes. Pass through unit construction: Doors, frames, shelves, tops, bottoms, and exposed sides shall be a minimum of 16 gauge steel. Frames shall be welded into integrated units with doors installed. Door hinges shall be stainless steel, continuous type with a 180 degree opening. The control locking devices shall not be accessible from the hallway side of the unit. The pass through lockers shall display number plates, sequentially numbered. The paint must be a minimum of 5 mil thick, factory applied baked on finish. The paint color shall be designated at the time of order. Onsite training must be provided for officers and Police Department system administrator. The package must include total installation. The package must include at least 1 years warrant with an option to extend for additional years. The package must include at least 2 copies of a user's manual.