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Contract #: 021079 - From: 11-01-2012 To: 10-31-2014 - Napoli Trucking Company, Inc - Town of North Andover
� � � �C Q, G A � �^^ � � �1 .� � b � saw fD o ��� c�: c� .r .. � V d A' � ": r� � � � JQ ' C TOWN OF NORTH ANDOVER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Raymond T Santilli Assistant Town Manager Attorney Carol McGravey Urbelis & Fieldsteel, LLP 155 Federal Street Boston, MA 02110 Dear Ms. McGravey: f 'A0RTH 1 O 1t`'w �e h0 � A �9SSACHUSE��h October 25, 2012 TEL (978) 688-9516 FAX (978) 688-9556 Enclosed please find for your review and approval three (3) original contracts, with accompanying documentation, between the Town of North Andover and Napoli Trucking Company, Inc to supply sand, gravel, stone, etc to Public Works for the period of November 1, 2012 through October 31, 2014 per the Invitation for Bids issued on October 8, 2012. Thank you in advance for your attention to this matter. Sincerely, Raymond T. Santilli Assistant Town Manager Enclosures TOWN OF NORTH ANDOVER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Raymond T Santilli Assistant Town Manager Mr. Louis Napoli, President Napoli Trucking Company, Inc 52 Inglewood Street North Andover, MA 01845 Dear Mr. Napoli: AORTIA O `Stye° �°1ry0 3'r s..•' a OG O 4 � SSACHUSE October 23, 2012 TEL (978) 688-9516 FAX (978) 688-9556 The Town of North Andover has decided to award a contract to Napoli Trucking Company, Inc for the procurement of sand, gravel, stone, dense grade, top mix, and crushed/ recycled asphalt & concrete for the period of November 1, 2014 through October 31, 2014 in accordance with the Invitation for Bids issued on October 8, 2012. Enclosed please find three (3) original standard Town of North Andover contracts for appropriate review and signature. Please return the signed contract documents and all required accompanying paperwork to my attention as soon as possible. If you have any questions and/or concerns, please call me. Sincerely, Raymond T. Santilli Assistant Town Manager Enclosures 4 / o TOWN OF NORTH ANDOVER CONTRACT CONTRACT # DATE: This Contract is entered into on, or as of, this date by and between the Town of North Andover (the "Town"), and Contractor: Napoli Trucking Company, Inc Address: 52 Inglewood Street North Andover, MA 01845 Telephone Number: 978-815-7789 Fax Number: 978-685-1214 1. This is a Contract for the procurement of the following: Sand, gravel, stone, dense grade, top mix, and crushed/recycled asphalt & concrete for the period of November 1, 2012 through October 31, 2014 in accordance with the Invitation for Bids dated October 8, 2012 2. The Contract price to be paid to the Contractor by the Town of North Andover is: See Appendix A for unit prices 3. Payment will be made as follows: Upon product delivery and receipt of invoice, net 30 4. Definitions: 4.1 Acceptance: All Contracts require proper acceptance of the described goods or services by the Town of North Andover. Proper acceptance shall be understood to include inspection of goods and certification of acceptable performance for services by authorized representatives of the Town to insure that the goods or services are complete and are as specified in the Contract. (Rev 5-2007) Contract by and between Town of North Andover and Napoli Trucking Company, Inc. Page 1 4.2 Contract Documents: All documents relative to the Contract including (where used) Instructions to Bidders, Proposal Form, General Conditions, Supplementary General Conditions, General Specifications, Other Specifications included in Project Manual, Drawings, and all Addenda issued during the bidding period. The Contract documents are complementary, and what is called for by any one shall be as binding as if called for by all. The intention of the document is to include all labor and materials, equipment and transportation necessary for the proper performance of the Contract. 4.3 The Contractor: The "other party" to any Contract with the Town. This term shall (as the sense and particular Contract so require) include Vendor, Contractor, Engineer, or other label used to identify the other party in the particular Contract. Use of the term "Contractor" shall be understood to refer to any other such label used. 4.4 Date of Substantial Performance: The date when the work is sufficiently complete, the services are performed, or the goods delivered, in accordance with Contract documents, as modified by approved Amendments and Change Orders. 4.5 Goods: Goods, Supplies or Materials. 4.6 SubContractor: Those having a direct Contract with the Contractor. The term includes one who furnished material worked to a special design according to the Drawings or Specifications of this work, but does not include one who merely furnishes material not so worked. 4.7 Work: The services or materials contracted for, or both. 5. Term of Contract and Time for Performance: This Contract shall be fully performed by the Contractor in accordance with the provisions of the Contract Documents on or before October 31, 2014, unless extended pursuant to a provision for extension contained in the Contract documents at the sole discretion of the Town, and not subject to assent by the Contractor, and subject to the availability and appropriation of funds as certified by the Town Accountant. The time limits stated in the Contract documents are of the essence of the Contract. 6. Subject to Appropriation: Notwithstanding anything in the Contract documents to the contrary, any and all payments which the Town is required to make under this Contract shall be subject to appropriation or other availability of funds as certified by the Town Accountant. In the absence of appropriation, this Contract shall be immediately terminated without liability for damages, penalties or other charges. 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 Napoli Trucking Company, Inc. Page 2 ,�;, 0 0 0 0 y O 0) 0 b o O O N s~ O O O O O�i O o ,� ab, O o 0 N O O V1 to N I� O N s� O O In � N N � � M N N a .- ,-- Fo-� Q 69 69 69 69 69 bs 6`Ds 69 [� Q 69 69 69 (\ (\ H H (\ H (\ U H H (\ 64 U O O O O O V) O O U O O O > N N l- l- kr) r O � > N N � N N N N 4 N v7 N ^� N N N N Q —4 6s .-r 69 .-- 6s r-4 bs 1- .os69 .-1 110 .-+ bs Q 1- os .-. i 6s 1--1 bs -d O O O O kn O .ti O TJ O O O N O O kn O l� ., O N O O O � N O N > O k vi O MM N t� N N d �O O C-) 00 � N N O O N '-- ,� O O N •-• E� Q 64 69 6s 6s 6s 6s o 6S H Q 64 64 69 � (\ (\ H H (\ H N H 1 FO" 00 z U kf) O N O 67 tf) d V� O V1 O C1 M It N D\ I a M > N v l� U Q � M U I Q N 6s 6s 60S -4 69 -4N 64 64 69 Q 69 69 6s 0 0 0 0 0 0 M o o 0 0 0 6 0 6 6 6 0 0 o O tl� M O O O M � � N �> O N ,� E"" Q 6s os 69 69 6s 6s 69 E Q 6s 6s 64 N O O O O O O b O N O O O > kf) O O O O O O > O v1 to Q 69 69 69 69 69 69 69 Q 64 69 69 ,�;, y rn i"r V) v] y O 0) C b O O O N s~ O O O O O�i O ,� ,� N O O O (1+.D O d O O O O O V) O kn kn N ,fl s� O O ci cd O O O O� -- -- 00 00 a .- ,-- H Q 69 69 bs 69 69 (~ Q 69 69 6s U C H N O O O O 'C O to v, kn kr)v� .� '� j O 0 O c� ri r O ri O 00 00 00 Q 6s 69 69 69 �' 69 O 0 �I Q 69 69 69 ,�;, y rn i"r V) v] y M 0) N M i N s~ O O OFr" O�i O�i O�i O�i O O�." O O d O O O O O V) O kn kn N O kn O O O O O U cd O O O O� -- -- .-- N0 a .- ,-- U C ^ 0 O N C>13 cd c C> Q� N � 0s ° O v� o o � I U N FO" 00 z 3~ Q M •-- M Q M U Q M U kr; N M O o o o 0 kr; N r` O O O� V') �6 N N 69 64 69 69 69 69 H O O V) O O r` vl r O �c N It N 1-n N ,-- ,-- .-.+ IO 1-4 69 b9 bio 69 69 U O O O O O " O a o r- It � rn bA 64 69 69 ., V) o o o r` M O C1 69 69 69 64 O O T3 O U .. C14 N N 6s 4r7S 6s 64 H H H H O O O b O W� kq W �c kn It It 't O -- ,- 4 ,--4 1-4 r --+ 69 64 6s 69 O b O .b b N O It I 0 U bA 69 a H H H 00 64 ci 64 z c� 0 w O NO 0 �+ 0 C) -- N N U N U 0 c U Cd Cd 15 6 cn Q M U r; 06 B. Appendix A —'Price Proposal' is hereby modified: Year 1— November 1. 2012 through October 31. 2013 8. 3/8" Top Mix 100 tons $ (S, w /T $ C57,00 /T $ 4576• pe 10. Crushed/Recycled Asphalt & Concrete (Base Material) 200 tons $ 10-b JT $ V 46 /T $-Zfld-ft TOTAL $13?3.SSrjo Year 2 — November 1. 2013 throuizh October 31. 2014 Total Description Description Quantity Picked Up Delivered Delivered 1. Washed Sand 100 tons $ % ?.cr /T $ Z.v /T $ /220. uo 2. Bank Run Sand 100 tons$ Zt� /T $ �Z Lv /T $ 4?2,0•00 3. 3/4" Washed/Crushed Gravel 50 tons $ 5.70 /T $ /-Z,70 /T $ 637.50 4. 1-1/2" Washed/Crushed Gravel 50 tons $ 9.70 /T $7170 /T $ G37sro 5. 3" +/- Stone 25 tons $ 4.c lT $1XJ-0 /T $ 6. Dense Grade 50 tons $ 7/0 /T $/•)71! /T $ 6370 8. 3/8" Top Mix 100 tons $ (S, w /T $ C57,00 /T $ 4576• pe 10. Crushed/Recycled Asphalt & Concrete (Base Material) 200 tons $ 10-b JT $ V 46 /T $-Zfld-ft TOTAL $13?3.SSrjo Year 2 — November 1. 2013 throuizh October 31. 2014 Town of North Andover IFB — Sand, Gravel, Stone, etc. Addenda #1 Page 2 of 3 Total Description Quantity Picked Up Delivered Delivered 1. Washed Sand 1.00 tons $1-lv /T 1u /T $ 1220- Lb 2. Bank Run Sand 100 tons $ 7.2-0 /T $/1. Zy /T $ 122,acm 3. 3/4" Washed/Crushed Gravel 50 tons $ 7-70 /T 6 /T $ 4. 1-1/2" Washed/Crushed Gravel 50 tons $ 1.7a /T $ 1276 JT $ 637A 5. 3" +/- Stone 25 tons $10-W /T $ 7V-0 /T $ Town of North Andover IFB — Sand, Gravel, Stone, etc. Addenda #1 Page 2 of 3 6. Dense Grade 50 tons $ .« /T $%Z,%�!'W/T $ 637P moble Fill 10 ey $ iry $ ir-w $ 8. 3/8" Top Mix 100 tons $ t�O'% /T $ 4Km /T $ We •oo 10. Crushed/Recycled Asphalt & Concrete (Base Material) 200 tons Town of North Andover IFB — Sand, Gravel, Stone, etc. Addenda #1 $ ,bo /T $ X44 /T $'.1SZv.w TOTAL 02,35, -ac, 2 -YEAR GRAND TOTAL $ .V7v -o* Page 3 of 3 13.3/4" Washed/Crushed Gravel 50 tons 14. 1-1/2" Washed/Crushed Gravel 50 tons 15.3" +/- Stone 25 tons 16. Dense Grade 50 tons $ 9.70 /T $ &? /T $ (3% S-6 $ 1.7a /T $1z,?V /T $ 637. 5-0 $ 0 -L -o lT $ /yid /T $ 2, - ,iYU $ 9./c, lT $11-`) A'/T $ 37, n 20. Crushed/Recycled Asphalt & Concrete (Base Material) 200 tons $ 9 00 /T $ V, is 0—/T TOTAL $"1379 2 -YEAR GRAND TOTAL $ .7 �,w 4 Addenda are acknowledged: Sign 1 re Business Name &VO4 II '/0uc%ij46 L'o SNL Business AddressZ Business Phone Y/ S'- % i?7 Fax g /Z` Name yir f!• iwott- Person Authorized to sign Price Proposal .t Gtr J /I FST Title of Person Authorized to sign Price Proposal Town of North Andover IFB Sand, Gravel, Stone, Etc. Page 8 of 21 M CERTIFICATE OF VOTE At a duly authorized meeting the Board of Directors of the /Wit, c G - held on /- /,Z it was VOTED, THAT ,r'�uurS � iii�r!r (Name) (Officer) of AWv Ii G-Zt be and hereby is authorized to execute contracts and bonds in the name and on behalf of said Tt1Pcz, ` f�'Ur�ju/�- o-��>; yy%�J�nd affix its corporate seal hereto; and such execution of any contract or obligation in the name of /(lkq 21 XI6,v �mon its behalf by such officer under seal of oZpy/.( A 1IN&I � , shall be valid and binding upon , FXF/-" 0 - 7,-,-,,y I hereby certify that I am the clerk of the above named fi and that AWS (�� is the duly elected officer as above of said Tlcr,, and that the above vote has not been amended or rescinded and remains in full force and effect as the date of this contract. //— 1-/2 (Date) Town of North Andover IFB Sand, Gravel, Stone, Etc. o _ (C erk) Page 21 of 21 CERTIFICATIONS CERTIFICATE OF NON -COLLUSION The undersigned certifies under penalties of perjury that this bid or proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word "person" shall mean natural person, business, partnership, corporation, committee, union, club or other organization, entity, or group of individuals. Signature Print Name & Title Date ��/4- , 6 - Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I u; /' //1. A Lr , authorized signatory for VWWj- r1eyc1,-11- ' 6 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. Sigadfure Date Town of North Andover IFB Page 20 of 21 Sand, Gravel, Stone, Etc. .•r w APPENDIX A - PRICE PROPOSAL The Contract will be awarded to the responsible, responsive bidder offering the lowest aggregate price for the products delivered calculated for the two-year period of the proposed contract. All prices are to remain firm for the duration of the Contract. *Del very of all products is to the Department of Public Works, 384 Osgood Street, North Andover, MA Year 1- November 1, 2012 through October 31, 2013 Description Quantity 1. Washed Sand 100 tons 2. Bank Run Sand 100 tons 3. 3/4" Washed/Crushed Gravel 50 tons 4. 1-1/2" Washed/Crushed Gravel 50 tons 5. 3" +/- Stone 6. Dense Grade 7. Flowable Fill 8. 3/8" Top Mix 9. Cold Patch 10. Crushed/Recycled Asphalt & Concrete (Base Material) 25 tons 50 tons 10 cy $ /CY $ /CY $ 100 tons $ rr $ /T $ 30 tons $ /r $ /T $ �- 200 tons $ /r $ %- %-/T $ 90 TOTAL $ 7 74/3,7,3- Year 4/3,7S- Year 2 - November 1, 2013 throup-h October 31, 2014 Total Description Quantity Picked Uv Delivered Delivered 11. Washed Sand 100 tons $ 17-00 /T $ a / •alter $ Q, /" 12. Bank Run Sand 100 tons $ $-7S/T $ 14 Z -/r $ f, �2 J'3 - Town of North Andover IFB Page 7 of 21 Sand, Gravel, Stone, Etc. Total Picked Up Delivered Delivered $ I7,60 rr $ a0.9..<tr $ . D 9u5' $,S',75 -/T $ lo7.30,rr $ 613 0 $ io.o-IT $ /y'/siT $ 7 as -" $ I0.45-rr $ IV- 20/T $ 7/0-00 $1 g. vo rr $ 16 -WIT $ 1/,93.76' $ ?-5a rr $ /3 -q r $ 67v? -5-6 10 cy $ /CY $ /CY $ 100 tons $ rr $ /T $ 30 tons $ /r $ /T $ �- 200 tons $ /r $ %- %-/T $ 90 TOTAL $ 7 74/3,7,3- Year 4/3,7S- Year 2 - November 1, 2013 throup-h October 31, 2014 Total Description Quantity Picked Uv Delivered Delivered 11. Washed Sand 100 tons $ 17-00 /T $ a / •alter $ Q, /" 12. Bank Run Sand 100 tons $ $-7S/T $ 14 Z -/r $ f, �2 J'3 - Town of North Andover IFB Page 7 of 21 Sand, Gravel, Stone, Etc. ..j 13.3/4" Washed/Crushed Gravel 50 tons 14. 1-1/2" Washed/Crushed Gravel 50 tons 15.3" +/- Stone 25 tons 16. Dense Grade 50 tons 17. Flowable Fill 10 cy 18.3/8" Top Mix 100 tons 19. Cold Patch 30 tons 20. Crushed/Recycled Asphalt & Concrete (Base Material) 200 tons $ la -5b/T $1y-7 0 /T $ _73Y $ /G• ;1517T $ C. �"/T $ 7 RQ - 5v $13 • aoIT $ 17 Z6 /T $ 130 $ 9-,50 /T $ 13 70 /T $_6 &9' $ /CY $ /CY $ $ /T $ '�'— /T $ $ /T $ ----7T $ $ 5-,6Q /T $ q- 70 /T $ `. 4 q o TOTAL $Z68'7-6 u 2 -YEAR GRAND TOTAL $ . , �� l Addenda are acknowledged: Signature Business Name 4 /4 6465 c l -koutg X l it AmDm/(� � w l a. Business Address /l/ �V _ iy&A/ s% T. 640!p/1%, Business Phone ? -N-q_qa- L7,� D Fax q7K" 4l L/9- S-73 o?, rz of Person Autho ' ed to sign Price Proposal izeA to sign Price Proposal Above Town of North Andover IFB Sand, Gravel, Stone, Etc.. Page 8 of 21 CERTIFICATE OF VOTE At a duly authorized meeting the Board of Directors of the X/ Ssc %PywkK CO. m/c. held on p it was VOTED, THAT Selo/ � e 6955 '4 ORC-L5/�"/c/7_ (Name) (Officer) of M66- STee, VC- CO be and hereby is authorized to execute contracts and bonds in the name and on behalf of said I&JEC' 7kU kl& (.C) , and affix its corporate seal hereto; and such execution of any contract or obligation in the name of DAPEW, a.- on its behalf by such officer under seal of 1 !e"&/-�l/,✓C�!!/ shall be valid and binding uporp J& � C- t-7 L/6-" .. I hereby certify that I am the clerk of the above namedZmTOC C' %4'b��C/�P,�' M , and that &I is the duly elected officer as above of said / C�/,t& and that the above vote has not been amended or rescinded and remains in full force and effect as the date of this contract. er (Date) (Cle) Town of North Andover IFB Sand, Gravel, Stone, Etc. Page 21 of 21 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. r Print Name & Title Date /e)' ` RcR — 6�0/02 , Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I authorized signatory for Zgr&S,= Name of individual Name of contractor do hereby certify under the pains and penalties of perjury that said contractor has complied with all laws of the Commonwealth of Massachusetts, and the Town of North Andover, relating to taxes, permit or other fees, reporting of employees and contractors, and withholding and remitting child support. A-4101-10- . L--' CoAaa-a©� Sl'g�navtCre Date Town of North Andover IFB Page 20 of 21 Sand, Gravel, Stone, Etc. B. Appendix A -'Price Proposal' is hereby modified: Year 1- November 1. 2012 through October 31. 2013 8. 3/8" Top Mix 100 tons $ /T $ /T $ 9Eold P tee 30 teas 4 10. Crushed/Recycled Asphalt & Concrete (Base Material) 200 tons $ 9.00 /T $11'00 /T . $ 2, 200.00 TOTAL $ 7,350.00 Year 2 - November 1, 2013 through October 31, 2014 Total Description Quantity Picked Up Delivered Delivered 1. Washed Sand 100 tons $ 12.04T $14.00/T $ 1,400-00 2. Bank Run Sand 100 tons 3. 3/4" Washed/Crushed Gravel 50 tons 4. 1-1/2" Washed/Crushed Gravel 50 tons 5. 3" +/- Stone 25 tons Town of North Andover IFB - Sand, Gravel, Stone, etc. Addenda #I $ 11.50/T $13.50/T $ 11350.00 $ 12.5QT $14.50/T $ 725.00 $ 12.59T $14.50/T $ 725.00 $ 12.50T $14.50/T $ 362.50 Page 2 of 3 Total Description Quantity Picked Up Delivered Delivered 1. Washed Sand 100 tons $ 11.50/T $13.50 /T $ 1 , 350.00 2. Bank Run Sand 100 tons $ 11.00/T $13.00 /T $1,300.0 3. 3/4" Washed/Crushed Gravel 50 tons $ 12.00/T $14 , 00 /T $ 700.00 4. 1-1/2" Washed/Crushed Gravel 50 tons $ 12.00/T $14.00 /T $ 700.00 5. 3" +/- Stone 25 tons $ 12.00/T $14.00 /T $ 350.00 6. Dense Grade 50 tons $ 12.00/T $14.00 /T $ 700.00 8. 3/8" Top Mix 100 tons $ /T $ /T $ 9Eold P tee 30 teas 4 10. Crushed/Recycled Asphalt & Concrete (Base Material) 200 tons $ 9.00 /T $11'00 /T . $ 2, 200.00 TOTAL $ 7,350.00 Year 2 - November 1, 2013 through October 31, 2014 Total Description Quantity Picked Up Delivered Delivered 1. Washed Sand 100 tons $ 12.04T $14.00/T $ 1,400-00 2. Bank Run Sand 100 tons 3. 3/4" Washed/Crushed Gravel 50 tons 4. 1-1/2" Washed/Crushed Gravel 50 tons 5. 3" +/- Stone 25 tons Town of North Andover IFB - Sand, Gravel, Stone, etc. Addenda #I $ 11.50/T $13.50/T $ 11350.00 $ 12.5QT $14.50/T $ 725.00 $ 12.59T $14.50/T $ 725.00 $ 12.50T $14.50/T $ 362.50 Page 2 of 3 6. Dense Grade 50 tons $ $ 12.5 0T iw $ 14.50/T $ ;Y . $ 725. 0 0 $ 7. Flewable Fill 8. 3/8" Top Mix 9. Cold pate 10 ey 100 tons 30 ton W $ $ /T rr $ /T $ 4 $ $ 10. Crushed/Recycled Asphalt & Concrete (Base Material) 200 tons $ 9.50-/T $ 11.5 0 /T $ 2, 300 - 0 0 TOTAL $ 7,587.50 2 -YEAR GRAND TOTAL $141937.50 Addenda #1 are acknowledged: �t r��x� Dated 10-15-2012 Signature Business Name Torromeo Industries, Inc. Business Address P.O. Box 2308 - 33 Old Ferry Rd Mlat=huen, MA 01844 Business Phone 978-686- 5634 Henry "Red" Torromeo Fax 978-685-6721 Name of Person Authorized to sign Price Proposal President Title of Person Authorized to sign Price Proposal � 4 7 Signature of Person Town of North Andover IFB Page 8 of 21 Sand, Gravel, Stone, Etc. 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 10-23-12 Henry "Red" Torromeo Torromeo Industries, Inc. Print Name& Title Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I Henry Torromeo , authorized signatory for Torromeo Industries,Tnc . 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. i�mujt. Signature Town of North Andover IFB Sand, Gravel, Stone, Etc. 10-23-12 Date Page 20 of 21 CERTIFICATE OF VOTE At a duly authorized meeting the Board of Directors of the held on 10-01-2012 it was VOTED, THAT Henry Torromeo (Name) Torromeo Industries, Inc. President (Officer) of Torromeo Industries be and hereby is authorized to execute contracts and bonds in the name and on behalf of said nc Corporation and affix its corporate seal hereto; and such execution of any contract or obligation in the name of Henry Torromeo on its behalf by such officer under seal of Copr-poration , shall be valid and binding �• W. I M.M. I hereby certify that I am the clerk of the above named Corporation: and that Henry Torromeo 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 of this contract. i a3 � 0— 1)At" (Date) (Clerk) Brenda E. Torromeo Town of North Andover IFB Page 21 of 21 Sand, Gravel, Stone, Etc. APPENDIX A - PRICE PROPOSAL The Contract will be awarded to the responsible, responsive bidder offering the lowest aggregate price for the products delivered calculated for the two-year period of the proposed contract. All prices are to remain firm for the duration of the Contract. *Delivery of all products is to the Department of Public Works, 384 Osgood Street, North Andover, MA Year 1- November 1, 2012 through October 31, 2013 Total Description Quantity Picked Up Delivered Delivered 1. Washed Sand 100 tons $ 14. 00-/T $ 7. 50 /T $750.00 2. Bank Run Sand 100 tons $ 12. 00 /T $7.50 /T $750.00 3. 3/4" Washed/Crushed Gravel 50 tons $ 10.0 0 /T $7.50 /T $375.00 4. 1-1/2" Washed/Crushed Gravel 50 tons $16.6 0 /T $7.50 /T $ 375.00 5. 3" +/- Stone 25 tons $ /T $ /T $ NO BID 6. Dense Grade 50 tons $ 8 .75 /T $7.50 /T $ 375.00 7. Flowable Fill 10 cy $ /Cy $ /Cy $NO BID 8. 3/8" Top Mix 100 tons $ /T $ /T $ NO B I D 9. Cold Patch 30 tons $ /T $ /T $ NO BID 10. Crushed/Recycled Asphalt & Concrete (Base Material) 200 tons $ /T $ /T $NO BID TOTAL $2629.00 Year 2 - November 1, 2013 through October 31, 2014 Total Description Quantity Picked Up Delivered Delivered 11. Washed Sand 100 tons $ 14.50/T $8.00 /T $ 800.00 12. Bank Run Sand 100 tons $ 12. 50 /T $ 8 . 00 /T $ 800.00 Town of North Andover IFB Page 7 of 21 Sand, Gravel, Stone, Etc. 13.3/4" Washed/Crushed Gravel 50 tons 14. 1-1/2" Washed/Crushed Gravel 50 tons 15.3" +/- Stone 25 tons 16. Dense Grade 50 tons 17. Flowable Fill 10 cy 18.3/8" Top Mix 100 tons 19. Cold Patch 30 tons 20. Crushed/Recycled Asphalt & Concrete (Base Material) 200 tons $ 10. 50 /T $ 8 . 00 /T $ 400. 00 $ 10. 5 0 /T $ 8.00 /T $400.00 $ /T $ /T $ NO B I D $9.00 /T $ 8.00 /T $ 400.00 $ /CY $ /CY $ NO BID $ /T $ /T $ NO B I D $ /T $ /T $ NO B I D $ /T $ /T $ NO B I D TOTAL $2800.00 2 -YEAR GRAND TOTAL $5429.00 Addenda 1 are acknowledged: , -Signature /11 Business Name W.L. French Excavating Corporation Business Address 3 Survey Circle Billerica, MA 01862 Business Phone (978) 663-2623 Fax (978) 663-5240 William L. French Jr. Name of Person Authorized to sign Price Proposal President Title of Verson Authorized to sign�ice Proposal of Above Person Town of North Andover IFB Sand, Gravel, Stone, Etc. Page 8 of 21 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 William L. French Jr. President Print Name & Title Date October 22, 2012 W.L. French Excavating Corporatic Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I William L. French Jr. , authorized signatory for W. L. French Excavating Corporat 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. /Z/, " /�, Sign ture Town of North Andover lFB Sand, Gravel, Stone, Etc. October 22, 2012 Date Page 20 of 21 CERTIFICATE OF VOTE At a duly authorized meeting the Board of Directors of the W. L. French Excavating Corp held on October 22, 2012 it was VOTED, THAT William L. French Jr. President (Name) (Officer) of W. L. French Excavat ift 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 contractor obligation in the name of William L. French Jr on its behalf by such officer under seal of W.L. French Excavat ip�ball be valid and binding uponaward & execution I hereby certify that I am the clerk of the above namedW.L. French Excavating Corporation and that William L. French Jr. is the duly elected officer as above of said W. L. French Excavat ingnd that the above vote has not been amended or rescinded and remains in full force and effect as the c October 22, 2012 (Date) Town of North Andover IFB Sand, Gravel, Stone, Etc. Page 21 of 21 ADDENDA #1— October 15, 2012 INVITATION FOR BIDS SAND, GRAVEL, STONE, DENSE GRADE, FLOWABLE FILL, RECYCLED ASPHALT & CONCRETE TOWN OF NORTH ANDOVER, MASSACHUSETTS A. Section 5 —'Estimated Quantities' is hereby modified: Based on historical use, the Town estimates the following quantities of each material will be purchased each year of the contract. These amounts are simply estimates for bid purposes only. The Town will not be obligated to purchase any item in any specific quantity during the period of the contract. Year 1 Year 2 1. Washed Sand 100 tons 100 tons 2. Bank Run Sand 100 tons 100 tons 3. 3/4" Washed/Crushed Gravel 50 tons 50 tons 4. 1-1/2" Washed/Crushed Gravel 50 tons 50 tons 5. 3" +/- Stone 25 tons 25 tons 6. Dense Grade 50 tons 50 tons 8. 3/8" Top Mix 9. Cold Pateh30 100 tons 100 tons 10. Crushed/Recycled Asphalt tens 30 tens & Concrete (Base Material) 200 tons 200 tons B. Appendix A —'Price Proposal' is hereby modified: Year 1— November 1, 2012 through October 31, 2013 TOTAL $ Year 2 — November 1. 2013 through October 31. 2014 Total Description Quantity Picked Up Delivered Delivered 1. Washed Sand 100 tons $ /T $ /T $ 2. Bank Run Sand 100 tons $ /T $ /T $ $ 3. 3/4" Washed/Crushed Gravel 50 tons $ /T $ /T $ /T 4. 1-1/2" Washed/Crushed Gravel 50 tons $ /T $ /T $ $ 5. 3" +/- Stone 25 tons $ /T $ /T $ 6. 7. Dense Grade Flewable Fill 50 tons $ /T /Cy $ /T /C.Y $ 8. 9. 3/8" Top Mix Cold pateh 10 ey 100 tons $ Q /T /T $ Q /T /T $ Q 10. Crushed/Recycled Asphalt 30 tons & Concrete (Base Material) 200 tons $ /T $ /T $ TOTAL $ Year 2 — November 1. 2013 through October 31. 2014 Town of North Andover IFB — Sand, Gravel, Stone, etc. Page 2 of 3 Addenda #I Total Description Quantity Picked Up Delivered Delivered 1. Washed Sand 100 tons $ /T $ /T $ 2. Bank Run Sand 100 tons $ /T $ /T $ 3. 3/4" Washed/Crushed Gravel 50 tons $ /T $ /T $ 4. 1-1/2" Washed/Crushed Gravel 50 tons $ /T $ /T $ 5. 3" +/- Stone 25 tons $ /T $ /T $ Town of North Andover IFB — Sand, Gravel, Stone, etc. Page 2 of 3 Addenda #I 6. Dense Grade 50 tons $ /T $ /T $ 7. Flewable.Fill 10 ey $ /ry $ —,Gy$ 8. 3/8" Top Mix 100 tons $ /T $ /T $ 9. Celd Patra 30 tens Q /T $ /T $ 10. Crushed/Recycled Asphalt & Concrete (Base Material) 200 tons $ /T $ /T $ Town of North Andover IFB — Sand, Gravel, Stone, etc. Addenda #I TOTAL $ 2 -YEAR GRAND TOTAL $ Page 3 of 3 w Santilli, Ray From: Thibodeau, Bruce Sent: Wednesday, October 10, 2012 11:52 AM To: Santilli, Ray Cc: Willett, Tim; Concessi, Dan Subject: Addendum No. 1 Attachments: Adendum No. 1 to Materials Bid.pdf Ray, Please see the attached for an addendum to the Materials Bid. The bidders should not include Flowable Fill or Cold Patch in their bids. Any questions please call. Thanks. Bruce D. Thibodeau, P.E. Director, Department of Public Works Town of North Andover 384 Osgood Street North Andover, MA 01845 Phone 978.685.0950 Fax 978.688.9573 Email bthibodeau@townofnorthandover.com Web www.TownofNorthAndover.com 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, Bidder with disabilities or hardships that seek reasonable accommodations, which may include the receipt of IFB information and/or addenda and/or modifications in an alternative format, must communicate such requests in writing to the contact person, and reasonable accommodation will be made by agreement with the contact person on behalf of the Town of North Andover. 4. Specifications o Washed sand, gravel, and crushed bank gravel, picked up at plant by .Public Works or delivered to Public Works yard, per state specifications. o Crushed stone (trap rock), crusher screening at crusher or delivered (3" to 6" minus and 6" to 8" minus) per state specifications. o Crushed recycled bituminous concrete or cement concrete (for base material), picked up at plant by Public Works or delivered to Public Works yard, per state specifications. o State specification shall mean Commonwealth of Massachusetts Department of Public Works Standard Specifications for Highways and Bridges, 1988 edition. 5. Estimated Quantities Based on historical use, the Town estimates the following quantities of each material will be purchased each year of the contract. These amounts are simply estimates for bid purposes only. The Town will not be obligated to purchase any item in any specific quantity during the period of the contract. 8. 3/8" Top Mix Town of North Andover IFB Sand, Gravel, Stone, Etc. 100 tons 100 tons A& 09AA-11 Page 5 of 21 Year 1 Year 2 1. Washed Sand 100 tons 100 tons 2. Bank Run Sand 100 tons 100 tons 3. 3/4" Washed/Crushed Gravel 50 tons 50 tons 4. 1-1/2" Washed/Crushed Gravel. 50 tons 50 tons 5. 3" +/- Stone 25 tons 25 tons 6. Dense Grade 50 tons 50 tons 8. 3/8" Top Mix Town of North Andover IFB Sand, Gravel, Stone, Etc. 100 tons 100 tons A& 09AA-11 Page 5 of 21 APPENDIX A - PRICE PROPOSAL The Contract will be awarded to the responsible, responsive bidder offering the lowest aggregate price for the products delivered calculated for the two-year period of the proposed contract. All prices are to remain firm for the duration of the Contract. *Delivery of all products is to the Department of Public Works, 384 Osgood Street, North Andover, MA Year 1— November 1, 2012 throurh October 31, 2013 Total Description Quantity Picked Up Delivered :Delivered 1. Washed Sand 100 tons $ /T $ /T $ 2. Bank Run Sand 100 tons $ /T $ /T $ 3. 3/4" Washed/Crushed Gravel 50 tons $ /T $ /T $ 4. 1-1/2" Washed/Crushed Gravel 50 tons $ /T $ /T $ 5. 3" +/- Stone 25 tons $ /1' $ /T $ 6. Dense Grade 50 tons $ /T $ /T $ �ll�6l''P i/Y- 8. 3/8" Top Mix 100 tons $ /T $ /T $ 40'rve 10. Crushed/Recycled Asphalt & Concrete (Base Material) 200 tons $ /T $ /T $ TOTAL $ Year 2 — November 1. 2013 through October 31, 2014 Description Quantity Picked Un Delivered 11. Washed Sand 100 tons $ /T $ 12. Bank Run Sand 100 tons $ /T $ Tocsin of. North Andover IF$ Sand, Gravel, Stone, Etc. Total Delivered /T $ /T $ Page 7 of 21 Addenda Business Name Business Address Business Phone TOTAL $ 2 -YEAR GRAND TOTAL $ are acknowledged: Signature Fax Name of Person. Authorized. to sign. Price Proposal Title of Person Authorized to sign Price Proposal Signature of Above Person Town of North Andover IFB Page 8 of 2.1 Sand, Gravel, Stone, Etc. 13.3/4" Washed/Crushed Gravel 50 tons $ /T $ /T $ 14. 1-1/2" Washed/Crushed Gravel 50 tons $ /T $ /T $ 15.3" +/- Stone 25 tons $ /T $ /T $ 16. Dense Grade 50 tons $ /T $ /T $ 18.3/8" Top Mix 100 tons $ /T $ /T $ 20. Crushed/Recycled Asphalt & Concrete (Base Material) 200 tons $ /T $ /T $ Addenda Business Name Business Address Business Phone TOTAL $ 2 -YEAR GRAND TOTAL $ are acknowledged: Signature Fax Name of Person. Authorized. to sign. Price Proposal Title of Person Authorized to sign Price Proposal Signature of Above Person Town of North Andover IFB Page 8 of 2.1 Sand, Gravel, Stone, Etc. TOWN OF NORTH ANDOVER INVITATION FOR BIDS SAND, GRAVEL, STONE, DENSE GRADE, FLOWABLE FILL, RECYCLED ASPHALT & CONCRETE October 8, 2012 Contact Ray Santilli Assistant Town Manager Address 120 Main Street North Andover, MA 01845 Telephone Number: 978-688-9516 Fax Number: 978-688-9556 Email rsantilli@townofnorthandover.com Table of Contents 1. Introduction............................................................. 3 2. Submission Deadline and Instructions .............................. 3 3. Questions, Addendum or Proposed Modifications ................. 4 4. Specifications........................................................... 5 5. Estimated Quantities ................................................... 5 6. Evaluation of Bids......................................................6 7. Term of Contract...................................................... 6 Appendix A — Price Proposal ............................................. 7 Standard Town of North Andover Contract With Supplement«G"............................................ 9 Certifications............................................................ 20 Town of North Andover IFB Page 2 of 21 Sand, Gravel, Stone, Etc. 1. Introduction The Town of North Andover (`Town') is soliciting bids from qualified companies to furnish sand, gravel, stone, dense grade, flowable fill, and recycled asphalt & concrete for the two-year period from November 1, 2012 through October 31, 2014. 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 the Goods and Services Bulletin, which is a weekly publication of the Office of the Secretary of State, the Eagle -Tribune (a newspaper of general circulation) and posted on the Town website (www.townofnorthandover.com) under "Bids, Quotes and Proposals". The Town will accept proposals delivered in person or by mail. All proposals must be received by 2:00 p.m. on Tuesday, October 23, 2012 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 "Sand, Gravel, Stone, Etc." 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. All sealed proposals must be received and registered by the Assistant Town Manager's office by Tuesday, October 23, 2012 at 2:00 p.m. All outer envelopes must be labeled "Sand, Gravel, Stone, Etc." and mailed or hand delivered to the following address: Town of North Andover IFB Page 3 of 21 Sand, Gravel, Stone, Etc. 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 close of business on Tuesday, October 16, 2012 to be considered. Questions/inquiries may be delivered, mailed, emailed or faxed. Written responses will be posted on the Town's website (www.townofnorthandover.com) in "Bids, Quotes and Proposals" by Thursday, October 18, 2012 at 2:00 p.m. If any changes are made to this IFB, an addendum will be posted on the Town's website in "Bids, Quotes and Proposals". It is the sole responsibility of the bidder to ascertain the existence of any addenda and/or modifications issued by the Town. As this IFB has been published on the Town's website (www.townofnorthandover.com) all bidders are responsible for checking the website for any addenda and /or modifications that are subsequently made to this IFB. The Town accepts no liability for and will provide no accommodations to bidders who fail to check for amendments and/or modifications to this IFB and subsequently submit inadequate or incorrect responses. Bidders may not alter (manually or electronically) the IFB language or any IFB component files. Modifications to the body of the IFB, Scope of Work, terms and conditions, or which change the intent of this IFB are prohibited and may disqualify a response. All proposals submitted in response to this IFB shall remain firm for sixty (60) days following the submittal deadline. It is anticipated that the contract will be awarded within thirty (30) days after the submittal deadline. Bidders are not to communicate directly with any employee of the Town of North Andover, except as specified in this IFB, and no other individual employee or representative is authorized to provide any information or respond to any question or inquiry concerning this IFB. 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. Town of North Andover IFB Page 4 of 21 Sand, Gravel, Stone, Etc. Bidder with disabilities or hardships that seek reasonable accommodations, which may include the receipt of IFB information and/or addenda and/or modifications in an alternative format, must communicate such requests in writing to the contact person, and reasonable accommodation will be made by agreement with the contact person on behalf of the Town of North Andover. 4. Specifications o Washed sand, gravel, and crushed bank gravel, picked up at plant by Public Works or delivered to Public Works yard, per state specifications. o Crushed stone (trap rock), crusher screening at crusher or delivered (3" to 6" minus and 6" to 8" minus) per state specifications. o Crushed recycled bituminous concrete or cement concrete (for base material), picked up at plant by Public Works or delivered to Public Works yard, per state specifications. o State specification shall mean Commonwealth of Massachusetts Department of Public Works Standard Specifications for Highways and Bridges, 1988 edition. 5. Estimated Ouantities Based on historical use, the Town estimates the following quantities of each material will be purchased each year of the contract. These amounts are simply estimates for bid purposes only. The Town will not be obligated to purchase any item in any specific quantity during the period of the contract. Year 1 Year 2 1. Washed Sand 100 tons 100 tons 2. Bank Run Sand 100 tons 100 tons 3. 3/4" Washed/Crushed Gravel 50 tons 50 tons 4. 1-1/2" Washed/Crushed Gravel 50 tons 50 tons 5. 3" +/- Stone 25 tons 25 tons 6. Dense Grade 50 tons 50 tons 7. Flowable Fill 10 cubic yards 10 cubic yards 8. 3/8" Top Mix 100 tons 100 tons 9. Cold Patch 30 tons 30 tons Town of North Andover IFB Page 5 of 21 Sand, Gravel, Stone, Etc. 10. Crushed/Recycled Asphalt & Concrete (Base Material) 200 tons 200 tons 6. 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 delivered offered by each responsive and responsible bidder will be calculated for the two-year period of the proposed contract. The Town is required to award the contract to the lowest responsive responsible bidder. ■ Responsiveness Bidders must completely fill out and submit the bid form and all other required forms. All supplies and services that are the subject of the bid must meet the minimum standards and Specifications set forth in the 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. 7. Term of Contract The contract will be for a two-year period from November 1, 2012 through October 31, 2014. The successful bidder will be required to execute the standard Town of North Andover contract and the appropriate supplement as attached. Town of North Andover IFB Page 6 of 21 Sand, Gravel, Stone, Etc. APPENDIX A - PRICE PROPOSAL The Contract will be awarded to the responsible, responsive bidder offering the lowest aggregate price for the products delivered calculated for the two-year period of the proposed contract. All prices are to remain firm for the duration of the Contract. /CY $ *Delivery of all products is to the Department of Public Works, 384 Osgood Street, North Andover, MA $ Year 1— November 1, 2012 through October 31, 2013 /T $ Total Description Quantity Picked Up Delivered Delivered 1. Washed Sand 100 tons $ /T $ /T $ 2. Bank Run Sand 100 tons $ /T $ /T $ 3. 3/4" Washed/Crushed Gravel 50 tons $ /T $ /T $ 4. 1-1/2" Washed/Crushed Gravel 50 tons $ /T $ /T $ 5. 3" +/- Stone 25 tons $ /T $ /T $ 6. Dense Grade 50 tons $ /T $ /T $ 7. Flowable Fill 8. 3/8" Top Mix 9. Cold Patch 10. Crushed/Recycled Asphalt & Concrete (Base Material) 10 cy $ /CY $ /CY $ 100 tons $ /T $ /T $ 30 tons $ /T $ /T $ 200 tons $ /T $ /T $ TOTAL $ Year 2 — November 1. 2013 through October 31. 2014 Total Description Quantity Picked Up Delivered Delivered 11. Washed Sand 100 tons $ /T $ /T $ 12. Bank Run Sand 100 tons $ /T $ /T $ Town of North Andover IFB Page 7 of 21 Sand, Gravel, Stone, Etc. 13.3/4" Washed/Crushed Gravel 50 tons $ /T $ /T $ 14. 1-1/2" Washed/Crushed Gravel 50 tons $ /T $ /T $ 15.3" +/- Stone 25 tons $ /T $ /T $ 16. Dense Grade 50 tons $ /T $ /T $ 17. Flowable Fill 10 cy $ /CY $ /CY $ 18.3/8" Top Mix 100 tons $ /T $ /T $ 19. Cold Patch 30 tons $ /T $ /T $ 20. Crushed/Recycled Asphalt & Concrete (Base Material) 200 tons $ /T $ /T $ Addenda Business Name Business Address Business Phone TOTAL $ 2 -YEAR GRAND TOTAL $ are acknowledged: Signature Fax Name of Person Authorized to sign Price Proposal Title of Person Authorized to sign Price Proposal Signature of Above Person Town of North Andover IFB Page 8 of 21 Sand, Gravel, Stone, Etc. Town of North Andover CONTRACT CONTRACT# DATE: This Contract is entered into on, or as of, this date by and between the Town of North Andover (the "Town"), and Contractor: Address: Telephone Number: _ Fax Number: 1. This is a Contract for the procurement of the following: 2. The Contract price to be paid to the Contractor by the Town of North Andover is: 3. Payment will be made as follows: 4. Definitions: 4.1 Acceptance: All Contracts require proper acceptance of the described goods or services by the Town of North Andover. Proper acceptance shall be understood to include inspection of goods and certification of acceptable performance for services by authorized representatives of the Town to insure that the goods or services are complete and are as specified in the Contract. Town of North Andover IFB Page 9 of 21 Sand, Gravel, Stone, Etc. 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 21 Sand, Gravel, Stone, Etc. 7. Permits and Approvals: Permits, Licenses, Approvals and all other legal or administrative prerequisites to its performance of the Contract shall be secured and paid for by the Contractor. 8. Termination and Default: 8.1 Without Cause. The Town may terminate this Contract on seven (7) calendar days notice when in the best interests of the Town by providing notice to the Contractor, which shall be in writing and shall be deemed delivered and received when given in person to the Contractor, or when received by fax, express mail, certified mail return receipt requested, regular mail postage prepaid or delivered by any other appropriate method evidencing actual receipt by the Contractor. Upon termination without cause, Contractor will be paid for services rendered to the date of termination. 8.2 For Cause. If the Contractor is determined by the Town to be in default of any term or condition of this Contract, the Town may terminate this Contract on seven (7) days notice by providing notice to the Contractor, which shall be in writing and shall be deemed delivered and received when given in person to the Contractor, or when received by fax, express mail, certified mail return receipt requested, regular mail postage prepaid or delivered by any other appropriate method evidencing actual receipt by the Contractor. 8.3 Default. The following shall constitute events of a default under the Contract: 1) any material misrepresentation made by the Contractor to the Town; 2) any failure to perform any of its obligations under this Contract including, but not limited to the following: (i) failure to commence performance of this Contract at the time specified in this Contract due to a reason or circumstance within the Contractor's reasonable control, (ii) failure to perform this Contract with sufficient personnel and equipment or with sufficient material to ensure the completion of this Contract within the specified time due to a reason or circumstance within the Contractor's reasonable control, (iii) failure to perform this Contract in a manner reasonably satisfactory to the Town, (iv) failure to promptly re -perform within a reasonable time the services that were rejected by the Town as unsatisfactory, or erroneous, (v) discontinuance of the services for reasons not beyond the Contractor's reasonable control, (vi) failure to comply with a material term of this Contract, including, but not limited to, the provision of insurance and non-discrimination, (vii) any other acts specifically and expressly stated in this Contract as constituting a basis for termination of this Contact, and (viii) failure to comply with any and all requirements of state law and/or regulations, and Town bylaw and/or regulations. 9. The Contractor's Breach and the Town's Remedies: Failure of the Contractor to comply with any of the terms or conditions of this Contract shall be deemed a material breach of this Contract, and the Town of North Andover shall Town of North Andover IFB Page 11 of 21 Sand, Gravel, Stone, Etc. have all the rights and remedies provided in the Contract documents, the right to cancel, terminate, or suspend the Contract in whole or in part, the right to maintain any and all actions at law or in equity or other proceedings with respect to a breach of this Contract, including damages and specific performance, and the right to select among the remedies available to it by all of the above. From any sums due to the Contractor for services, the Town may keep the whole or any part of the amount for expenses, losses and damages incurred by the Town as a consequence of procuring services as a result of any failure, omission or mistake of the Contractor in providing services as provided in this Contract. 10. Statutory Compliance: 10.1 This Contract will be construed and governed by the provisions of applicable federal, state and local laws and regulations; and wherever any provision of the Contract or Contract documents shall conflict with any provision or requirement of federal, state or local law or regulation, then the provisions of law and regulation shall control. Where applicable to the Contract, the provisions of the General Laws are incorporated by reference into this Contract, including, but not limited to, the following: General Laws Chapter 30B — Procurement of Goods and Services. General Laws Chapter 30, Sec. 39, et seq: - Public Works Contracts. General Laws Chapter 149, Section 44A, et seq: Public Buildings Contracts. 10.2 Wherever applicable law mandates the inclusion of any term and provision into a municipal contract, this Section shall be understood to import such term or provision into this Contract. To whatever extent any provision of this Contract shall be inconsistent with any law or regulation limiting the power or liability of cities and towns, such law or regulation shall control. 10.3 The Contractor shall give all notices and comply with all laws and regulations bearing on the performance of the Contract. If the Contractor performs the Contract in violation of any applicable law or regulation, the Contractor shall bear all costs arising therefrom. 10.4 The Contractor shall keep itself fully informed of all existing and future State and National Laws and Municipal By-laws and Regulations and of all orders and decrees of any bodies or tribunals having jurisdiction in any manner affecting those engaged or employed in the work, of the materials used in the work or in any way affecting the conduct of the work. If any discrepancy or inconsistency is discovered in the Drawings, Specifications or Contract for this work in violation of any such law, by-law, regulation, order or decree, it shall forthwith report the same in writing to the Town. It shall, at all times, itself observe and comply with all such existing and future laws, by-laws, regulations, orders and decrees; and shall Town of North Andover IFB Page 12 of 21 Sand, Gravel, Stone, Etc. protect and indemnify the Town of North Andover, and its duly appointed agents against any claim or liability arising from or based on any violation whether by him or its agents, employees or subcontractors of any such law, by-law, regulation or decree. 11. Conflict of Interest: Both the Town and the Contractor acknowledge the provisions of the State Conflict of Interest Law (General Laws Chapter 268A), and this Contract expressly prohibits any activity which shall constitute a violation of that law. The Contractor shall be deemed to have investigated the application of M.G.L. c. 268A to the performance of this Contract; and by executing the Contract documents the Contractor certifies to the Town that neither it or its agents, employees, or subcontractors are thereby in violation of General Laws Chapter 268A. 12. Certification of Tax Compliance This Contract must include a certification of tax compliance by the Contractor, as required by General Laws Chapter 62C, Section 49A (Requirement of Tax Compliance by All Contractors Providing Goods, Services, or Real Estate Space to the Commonwealth or Subdivision). 13. Discrimination The Contractor will carry out the obligations of this Contract in full compliance with all of the requirements imposed by or pursuant to General Laws Chapter 151 B (Law Against Discrimination) and any executive orders, rules, regulations, and requirements of the Commonwealth of Massachusetts as they may from time to time be amended. 14. Assignment: Assignment of this Contract is prohibited, unless and only to the extent that assignment is provided for expressly in the Contract documents. 15. Condition of Enforceability Against the Town: This Contract is only binding upon, and enforceable against, the Town if: (1) the Contract is signed by the Town Manager or its designee; and (2) endorsed with approval by the Town Accountant as to appropriation or availability of funds; and (3) endorsed with approval by the Town Counsel as to form. 16. Corporate Contractor: If the Contractor is a corporation, it shall endorse upon this Contract (or attach hereto) its Clerk's Certificate certifying the corporate capacity and authority of the party signing this Contract for the corporation. Such certificate shall be accompanied by a letter or other Town of North Andover IFB Page 13 of 21 Sand, Gravel, Stone, Etc. 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 21 Sand, Gravel, Stone, Etc. 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. Palm ent The Town agrees to make all reasonable efforts to pay to the Contractor the sum set forth in the Contractor's bid or proposal within thirty (30) days of receipt of an invoice detailing the work completed and acceptance from the Town of the work completed. Town of North Andover IFB Page 15 of 21 Sand, Gravel, Stone, Etc. 23. Waiver and Amendment Amendments, or waivers of any additional term, condition, covenant, duty or obligation contained in this Contract may be made only by written amendment executed by all signatories to the original Agreement, prior to the effective date of the amendment. To the extent allowed by law, any conditions, duties, and obligations contained in this Contract may be waived only by written Agreement by both parties. Forbearance or indulgence in any form or manner by a party shall not be construed as a waiver, nor in any manner limit the legal or equitable remedies available to that party. No waiver by either party of any default or breach shall constitute a waiver of any subsequent default or breach of a similar or different matter. 24. Forum and Choice of Law This Contract and any performance herein shall be governed by and be construed in accordance with the laws of the Commonwealth. Any and all proceedings or actions relating to subject matter herein shall be brought and maintained in the courts of the Commonwealth or the federal district court sitting in the Commonwealth, which shall have exclusive jurisdiction thereof. This paragraph shall not be construed to limit any other legal rights of the parties. 25. Notices Any notice permitted or required under the provisions of this Contract to be given or served by either of the parties hereto upon the other party hereto shall be in writing and signed in the name or on the behalf of the party giving or serving the same. Notice shall be deemed to have been received at the time of actual service or three (3) business days after the date of a certified or registered mailing properly addressed. Notice to the Contractor shall be deemed sufficient if sent to the address set forth in the Contract and to the Town of North Andover by being sent to the Town Manager, Town Hall, 120 Main Street, North Andover, Massachusetts 01845. 26. Binding on Successors: This Contract shall be binding upon the Contractor, its assigns, transferees, and/or successors in interest (and where not corporate, the heirs and estate of the Contractor). 27. Complete Contract: This instrument, together with its endorsed supplements, and the other components of the contract documents, constitutes the entire contract between the parties, with no agreements other than those incorporated herein. Town of North Andover IFB Page 16 of 21 Sand, Gravel, Stone, Etc. 28. Supplemental Conditions: The foregoing provisions apply to all contracts to which the Town of North Andover shall be a party. One of the following "Supplements" must be "checked" as applicable to this Contract, shall be attached hereto, and shall in any event apply as the nature of the Contract requires. The Supplement contains additional terms governing the Contract: [ X ] GOODS SUPPLEMENT "G" - Applicable to Contracts for the procurement of Goods (governed by the provisions of General Laws Chapter 3013) [ ] SERVICES SUPPLEMENT "S" - Applicable to Contracts for the procurement of Services (governed by the provisions of General Laws Chapter 30B) [ ] CONSTRUCTION SUPPLEMENT "C" - Applicable to Contracts for Construction Town of North Andover IFB Page 17 of 21 Sand, Gravel, Stone, Etc. 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 THE CONTRACTOR Company Name Signature Print Name & Title Date CERTIFICATION AS TO AVAILABILITY OF FUNDS: Town Accountant Town of North Andover IFB Sand, Gravel, Stone, Etc. Date Date Page 18 of 21 SUPPLEMENT "G" 1. This form supplements the general provisions of the Contract between the Town of North Andover and , which Contract is a contract for the procurement of goods. 2. "Goods" shall mean Goods, Supplies, or Materials, as described in the Contract. 3. Change Orders: Change orders may not increase the contract price by more than twenty-five percent (25%), in compliance with General Laws Chapter 30B, § 13. 4. This Contract for purchase includes the following delivery, installation or setup requirements: Dated: THE TOWN OF NORTH ANDOVER IW Town Manager THE CONTRACTOR Town of North Andover IFB Page 19 of 21 Sand, Gravel, Stone, Etc. CERTIFICATIONS CERTIFICATE OF NON -COLLUSION The undersigned certifies under penalties of perjury that this bid or proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word "person" shall mean natural person, business, partnership, corporation, committee, union, club or other organization, entity, or group of individuals. Signature Print Name & Title Date Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I authorized signatory for Name of individual Name of contractor do hereby certify under the pains and penalties of perjury that said contractor has complied with all laws of the Commonwealth of Massachusetts, and the Town of North Andover, relating to taxes, permit or other fees, reporting of employees and contractors, and withholding and remitting child support. Signature Date Town of North Andover IFB Page 20 of 21 Sand, Gravel, Stone, Etc. CERTIFICATE OF VOTE At a duly authorized meeting the Board of Directors of the held on it was VOTED, THAT (Name) (Officer) of be and hereby is authorized to execute contracts and bonds in the name and on behalf of said , and affix its corporate seal hereto; and such execution of any contract or obligation in the name of on its behalf by such officer under seal of , shall be valid and binding upon that I hereby certify that I am the clerk of the above named and is the duly elected officer as above of said , and that the above vote has not been amended or rescinded and remains in full force and effect as the date of this contract. (Date) (Clerk) Town of North Andover IFB Page 21 of 21 Sand, Gravel, Stone, Etc. Legal Ad for Eagle -Tribune The Town of North Andover is soliciting bids from qualified companies to furnish sand, gravel, stone, dense grade, flowable fill, and recycled asphalt & concrete for the two-year period from November 1, 2012 through October 31, 2014. 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. The complete IFB is available on the Town website (www.townofnorthandover.com) by clicking on "Bids, Quotes and Proposals". The Town will only accept proposals delivered in person or by mail. All proposals must be received by 2:00 p.m. on October 23, 2012 to be considered. 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. Santilli, Ray From: Concessi, Dan Sent: Monday, October 01, 2012 2:30 PM To: Santilli, Ray Subject: RE: Draft IFB ■ im It looks okay to me. Daniel J. Concessi Division of Public Works Assitant Operations Manager Town of North Andover 384 Osgood Street North Andover, MA 01845 Phone/cell 978.685.0950 x44016/ 978.476.2029 Fax 978.688.9573 Email dconcessi@townofnorthandover.com Web www.TownofNorthAndover.com From: Santilli, Ray Sent: Friday, September 28, 2012 11:58 AM To: Concessi, Dan Cc: Thibodeau, Bruce; Willett, Tim Subject: Draft IFB Dan, Please review the draft IFB for sand, stone, gravel, etc. Please give particular attention to Section 4 — Specifications as you did not provide any information other than what was provided two years ago. Thanks Ray Santilli Assistant Town Manager Town of North Andover 120 Main Street North Andover, MA 01845 Phone 978.688.9516 Fax 978.688.9556 Email rsantilli@townofnorthandover.com Web www.townofnorthandover.com 1 BID FORM SAND, STONE, RECYCLED MATERIAL, ASPHALT, DENSE GRADE, FLOWABLE FILL Material Est. quantity unit price Washed sand 100 tons F.O.B Delivered Bank run sand 100 tons F.0.13 Delivered % in. crushed stone 50 tons F.O.B. Delivered 1 Y2 in. crushed stone 50 tons F.O.B. Delivered 3 in. +/- stone 25 tons F.O. B. Delivered Dense grade 50 tons F.O.B. Delivered Flowable Fill 10 CY F.O.B. Delivered Recycled asphalt or 200 tons F.O.B. concrete Delivered 3/8 in. top mix 100 tons F. 0. B. Delivered Cold Patch 30 tons F. 0. B. Delivered Santilli, Ray From: REGS@sec. state. ma. us Sent: Monday, October 01, 2012 3:06 PM To: Santilli, Ray Subject: Publish Date Assigned to Goods and Services A publish date of 10/8/12 has been assigned to your Goods and Services submission with description of: The Town is soliciting bids from qualified companies to furnish sand, gravel, stone, and recycled asphalt and concrete for two-year period, 11/1/12 -10/31/14. Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records. For more information please refer to: http://www.sec.state.ma.us/pre/preidx.htm. Please consider the environment before printing this email. SPR Goods and Services Submit Confirmation State Publications andegulat ons V"u► illFrancisGalvin, Secretary of the Commonwealth Page 1 of 2 The following Goods and Services submission was successfully received. Planned date of publish is 10/8/2012 Awarding Agency Agency NameTown of North Andover 120 Main Street North and Address: Andover, MA 01845 Bid Number: Contact Information Name: IRay Santilli Title: lAssistant Town Manager Phone: 978-688-9516 Fax 978-688-9556 Email Address: rsantilli(i�townofnorthandover.com Notify email address listed when final publish date assigned. Address: (if different from above) Description Town is soliciting bids from qualified companies to furnish sand, gravel, stone, and recycled asphalt & concrete for two-year period from November 1, 2012 through October 31, 2014 Contract Information Estimated Rate Duration IF I Bid Release 10/08/2012 Release 11:00 a.m. Date Time Bid Deadline Date 10/23/2012 Deadline 2:00 P.M. Time :11 Additional The complete Invitation for Bids document will be available on Monday, Information October 8, 2012 at 11:00 a.m. at www.townofnorthandover.com by clicking on 'Bids, Quotes and Proposals' This page can be printed for your records. Add ! To Menu iV http://www.sec.state.ma.us/sprpublicfonns/GSSubmitConfirmation.aspx?ID=53595 9/28/2012 ADS in this category must show prices by cubic feet. Half a cad is 64 cu. ft. and a cord is 128 cu. ft. CITY OF METHUEN BOARD OF APPEALS THE SEARLES BUILDING 41 PLEASANT STREET METHUEN, MA 01844 NOTICE OF PUBLIC HEARING Notice is hereby given that the Town of Methuen Zoning Board of Appeals will hold a public hearing on: October 31st 2012 at 7:00 P.M. in The Timony School Auditorium, 45 Pleasant View Street, Methuen, MA 01844, on the following Peti- tions: . Vans Property L.L.0 165 Swan Street Methuen Mass. A variance to construct a canopy to close to the road under section VI -D in a R.C. Zoning District. - The Town of North Andover h A Special Permit to extend a - soliciting bids from qualified com conforming use by constructilit a parties for miscellaneous repairs canopy under Section IX D in a R.C. appurtenance replacements, anc Zoning District. coating repairs at the Bradforc Matthew J. O'Agostlno, Chairman Street Standpipe in•North Andover Methuen Zoning Board of Qualified companies are rquestec 10/10, 10/17/12 Appeals to submit bids to the Assistant Towr Manager at North Andover Towr Hall, 120 Main Street,North An. dover, MA, in accordance with the instructions contained within this The Town of North Andover is Invitation for Bids. soliciting 'proposals from qualified The complete IFB is available entities for the purchase and de- on the Town website (www.townof- velopment of the former Bradstreet northandovercom) by clicking on School property located at 70 Main "Bids, Quotes and Proposals". The Street, North Andover. Qualified en- Town will only accept proposals tities are requested to submit their delivered in person or by mail. All proposals to the Office of the Board proposals must be received by 2:00 of Selectmen at the North Andover p.m. on October $0, 2012 to be con - Town Hall, 120 Main Street, North sidered. Andover, MA, In accordance with the The Town of North Andover may instructions contained within this Re- cancel this IFB or reject in whole or quest for Proposals (RFP). in part any and all proposals, if they The complete RFP 'is available determine that cancellation or rejec- on the Town website (www.townof- tion serves the best interest of the northandover.com) by clicking on Town of North Andover. "Bids, Quotes and,Proposals". The ET -10/10/12 Town wiltonly accept proposals delivered in person or by mail. All Proposals must be received by 2:00 P.m. on December 5, 2012 to' be considered. The Town of North Andover may cancel this RFP or reject in whole or in part any and all proposals, If they determine that cancellation or rejec- tion serves the best interest of the Town of North Andover. ET -10/10/12 wmmwarun METHUEN, MA 01844 Notice is hereby given that the Conservation Commission of the City of Methuen will hold a public meeting on October 18, 2012, at 7:00 p.m. in the William Quinn Public Safety Building, Sanborn Hall at 90 Hampshire Street upon the petition of J. Chester Blay for re -grading of rear yard within the 100' Buffer Zone of Bordering Vegetated Wetlands a 33 Venice Road in accordance w' The Town of North Andover is Massachusetts G.L. Ch. 131, Se soliciting bids from qualified compa- as amended and Chapter 12 ofte nies to furnish sand, gravel; stone, Methuen Municipal Code, dense grade, flowable fill, and recy- Plans and forms submitted may cled asphalt & concrete for the two - be viewed Monday -Friday during year period from November 1, 2012 Commission office hours or by ap- through October 31, 2014. 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. The complete IFB is available on the Town website (www.townof- northandovercom) by clicking on "Bids, Quotes and Proposals". The Town will only . accept proposals delivered in person or by mail. All Proposals must be received by 2:00 p.m: on October 23, 2012 to be con- sidered. 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 rejec- tion serves the best Interest of the Town of North Andover. ET - 10/10/12 iF zuie-s made by T&B Clifford LLC dba Cafe 97 for the premises locat- ed at 921 Salem Street, Plat #49, Lot #5, for a special p6rmit to oper- ate a small business according to all applicable secti00 of the Town of Groveland g Bylaws, including Sections 805 and 1300. om Wakefield, Chairman ET 3,10/10/12 -10/10/12 NOTICE ' PUBLIC HEARING WORKERS' COMPENSATION RATE FILING Pursuant to the provisions of RSA 400-A:17 the New Hampshire Insur- ance Department will hold a pub- lic hearing on the recent Workers' Compensation Rate Filing by NCCI, proposed effective January 1, 2013. The public hearing shall be held on: October 19, 2012 10:00 a.m. at the New Hampshire Insurance Department 21 South Fruit Street, Suite 14 Concord, NH 03301 The New Hampshire Insurance Department invites all interested par- ties with a pecuniary interest in the sale or purchase of workers' com- pensation insurance, including but not limited to insurance producers, insurers and all persons purchasing coverage, to participate in the public hearing. Persons who participate in the hearing may testify and offer oral and/or written testimony. ET - 10/3, 10/10/12 HAVERHILL HOUSING AUTHORITY. PUBLIC NOTICE Designers registered in Massa- chusetts are advised that applica- tions are available for preparation of plans and specifications and con- struction administration for the FF: Window & Siding Replace - Julian Steele CIMS #128-667-3-0-11-1955, CIMS #128 -667 -3 -0 -10 -332 -at the Pliuthority's Julian Steele Develop- ment. The firm must provide full ba- sic services including investigation and initial design through prepara- tion of contract documents, bidding and construction contract admin- istration. The project manager or person charged with handling this project must be an architect regis- tered in Massachusetts. The construction cost is $200,000.00 The Fee for Basic Services is $19,000.00 Applications and brochure re- quirements can be obtained by sending a self-addressed, stamped envelope to the Haverhill Housing Authority, 25-C Washington Square, P.O. Box 751, Haverhill, MA 01831. Copies may be picked up between the hours of 8:30 a.m. - 4:30 p:m. Monday through Friday or mailed by calling 978-372-6761.' Fifteen copies of the application must be submitted to the above address by 10/24/2012 at 2:00 p.m. The successful applicant will be required to submit certificate of professional liability insurance in- dicating minimum coverage in the amount of $250,000.00. ET -10/10/12 THE COMMONWEALTH OF O .MASSACHUSETTS � LAND COURT DEPARTMENT OF THE TRIAL COURT (SEAL) 2012 MISC. 469284 ORDER OF NOTICE To: Martin Andrews and to -all persons entitled to the benefit of the Servicemembers Civil Relief Act, 50 U.S.C. App'. _ § 501 et seq.': BANK OF AMERICA, N.A. claiming to have an interest in 'a Mortgage covering real property in 34 STEVENS STREET, METHUEN given by Martin Andrews to Mort- gage Electronic Registration Sys- tems, Inc„ dated June 26, 2009, andrecorded with the Essex County (Northern District) Registry of Deeds at Book 11665, Page 264 and now held by the plaintiff by as- signment has/have filed with this court a complaint for determination of Defendant's/Defendants' Service - members status. If you now are, or recently have been, in the active military service of the UnitedStates of America, then you may be entitled to the benefits of the Servicemembers Civil Relief - Act. if you object to a foreclosure of the above-mentioned property on that basis, then you or your attorney must file a written appearance and answer in this court at Three Pem- berton Square, Boston, MA Q2108 on or before November 12, 2012 or you will be forever barred from claiming that you are entitled to the benefits' of said Act. Witness, KARYN F. SCHEIER Chief Justice of this Court on Attest: September 28, 2012 Deborah J. Patterson Recorder 201207 -0937 -GRN ET -10/10/12 To all persons interested in th above captioned estate, by Petitio of Petitioner Eleanor J. DeManch Of Haverhill, MA Eleanor J. DeManche of Havei hill, MA has been informally appointed a the Personal Representative of th estate to serve With Surety on th bond. The estate is being administers under informal procedure by th Personal Representative under th, Massachusetts' Uniform Probst Code, without supervision by .th Court. Inventory and accounts ar, not required to be filed with thi Court, but interested parties are en titled to notice regarding the admin istration from the Personal Repre sentattve and can petition, the Cour in any matter relating to the estate including distribution of assets anc expenses of administration. Interest ed parties are entitled to petition the Court to institute formal proceeding: and to obtain orders terminating o restricting the powers of Persona Representatives appointed under in formal procedure. A copy of the Peti• tion and Will, If any, can be obtainec from the Petitioner. ET -10/10/12 „umonry s nennedy Circle Develol ment. The firm must provide full b sic services including investigatic andinitial design through prepar tion of contract documents, biddir and construction contract admit istration. The project. manager i person charged with handling th project must be an architect regi; tered in Massachusetts. . The construction cost is $435,000.00 The Fee for Basic Services is $35,000.00 Applications and brochure art auirements can be obtained t sending a self-addressed, stampe snvelope to the Haverhill Housin 4uthority, 25-C Washington Squar ?0. Box 751, Haverhill, MA 0183 'opies may be picked up betwee he hours of 8:30 a.m. - 4:30 p. Monday through Friday or matle )y calling 978-372-6761. Fiftee :opies of the application must b uibmitted to the above address b 0/24/2012 at 2:00 p.m. The successful applicant wi )e required to submit certificate professional liability insurance i licating minimum coverage in th i'mount of $250,000.00. T - 10/10/12 MORTGAGEE'S NOTICE dF SALE OF REAL ESTATE By virtue and in execution of the Power of Sale contained in a.certai Mortgage given by Ronald J. Bonanno to Mortgage Electronic Registra tion Systems, Inc., dated September 5, 2008 and recorded with the Esse County (Northern District) Registry of Deeds at Book 11309, Page 175 o which tpe Mortgage the undersigned is the present holder by assignmen for �ach of the conditions of said Mortgage and for the purpose of fore ng same will be sold at Public Auction at 10:00 AM on October 17 rA at 59 Bonanno Court, Methuen, MA, all and singular the premise ribed in said Mortgage, to wit: triangle parcel of land situated on the westerly side of Bonanno Court uen, Essex County, Massachusetts and being shown on Plan of Lan in Methuen, Massachusetts owned by Rocco &,Amelia Bonanno, draw by E. Bornstein, Reg. Land Surveyor, dated March 29, 1968, recorded i the North District of Essex Registry of Deeds as Plan No. 5841 and more particularly bounded and described as follows: EASTERLY three hundred twenty-two (322.00) feet by Bonanno Court as shown on said plan; SOUTHERLY two hundred three and 49/100 (203.49) feet by land now o formerly of Bonanno as shown on said plan; and WESTERLY three hundred eighty and 91/100 (380.91) feet by land now or formerly of Biagio LaRosa as shown on said plan. Containing 32,700 square feet more or less. This conveyance is made subject to a twenty (20) foot easement as shown on said plan. Being the same premises as conveyed to the mortgagor by deed re- cQrded in Book 1890, Page 220. Upon information and belief the legal description attached to the mort- gage contained the parent parcel description and should have described the premises as the following: A parcel of land being shown as Lot A2 on Plan of Land located in Methuen, MA prepared for Rocco & Amelia Bonnano and Land. Development, dated September 12, 1988 and recorded as Plan 11268. Being a portion of the land conveyed to the mortgagor by deed recorded in Book 1890, Page 220. Reference is also made to Deed Book 2822 Page 162. The premises are to be sold subject to and with the benefit of all ease- ments, restrictions, building and zoning laws, unpaid taxes, tax titles, water bills, municipal liens and assessments, rights of tenants and parties in pos- session. TERMS OF SALE: the form it f aof FIVE certcertified check or banOLLARS k treasurer's ND O0 CENTSheck will berequired ) in to be delivered at or before the time the bid is offered. The successful bidder will be required to execute a Foreclosure Sale Agreement immediately after the close of the bidding. The balance of the purchase price shall be paid within thirty (30) days from the sale date in the form of a certified check, balk treasurer's check or other check satisfactory to Mortgagee's attorney. The Mortgagee reserves the right to bid at the sale, to reject any and all bids, to wdtten or oral announcement made before onue the sale and to r during durri g the foreclosure end the terms of the asale. le y If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The purchaser shall have no further recourse against the Mortgagor, the Mortgagee or the Mortgagee's attorney. The description of the premises contained in said mortgage shall control in the event of an error in this publication. TIME WILL BE OF THE ESSENCE. Other terms if any, to be announced at the sale. ' Cenlar FSB Present Holder of said Mortgage, By Its Attorneys, Orlans Moran PLLC P.O. Box 962169 Boston, MA 02196 Phone: (617) 502-4100 A.M. at the Rear Entrance to the Me- morial Hall Library, 2 North Main St., Andover, MA. Andover is an affirmative action/ equal opportunity purchaser. The Town reserves the right to accept or reject, in whole or in part, any or all bids, or take whatever, other action may be deemed necessary to be in the best interest of the Town. Thomas P. Watkins Purchasing Agent ET -10/10/12 9 Commonwealth of e Massachusetts 1 . The Trial Court n Probate and Family Court m. Department d . Division Essex Docket No. 03W1156UR1 e' COMPLAINT FOR MODIFICATION Y Daniel Haq, Plaintiff v. Christine Smith, Defendant II 1. Plaintiff resides at 8 Cardigan of Circle Methuen Essex MA 01844; defendant resides at 817 Hidden eMarsh Street Gaithersburg Mont- gomery MD 20877. 2. This Court, on February 5, 2009 entered a judgement ordering _ that The Plaintiff Daniel Haq pay the sum of $255.00 each week in child support for the child born on n 3. Since that date, the following _ change(s) in circumstance have oc- x curred: born has graduated from f college and has become emanci- t pated. _ 4. Wherefore, plaintiff requests that the Court order the judgement s of 2/5/2009 be modified by: Issuing a Judgement which ceases the Plaintiff Daniel Haq's; Land child support obligation and to fur- s ther order the Defendant to pay to n the Plaintiff any sums paid to her re after, the emancipation of By fur-•. their ordering the wage assignment through the Department of Revenue; to be vacated. « r Date May 21, 2012 x Daniel P. Tartow 265 Broadway Methuen MA 01844' Tel. No. 978 686 0010 B.B.O. # 562126 Commonwealth of Massachusetts The Trial Court Probate and Family Court Essex Probate and Family Court 36 Federal Street Salem, MA 01970 (978) 744-1020 Docket No. ES03W1156UR1 DOMESTIC RELATIONS SUMMONS Daniel Haq vs. Christine Smith To the above names Defendant: You are hereby summoned and rquired to serve upon: Daniel P Tartow, Esq. Copan! Tartow & Cranney 265 Broadway Methuen, MA 01844 a copy of your answer to the ; complaint for Modification which is herewith served upon you, within " 20 days after service of this sum-: mons upon you, exclusive of the day of service. If you fail to do so, the Court will proceed to the hearing and adjudication of this action. You are also required to file your answer to the complaint in the office of the Register of this Court at the above named court either before service upon plaintiff or plaintiff's attorney or within a reasonable time thereafter. WITNESS, Hon. Mary Anne Sa- hagian, First Justice of this Court. Date: June 7, 2012 Pamela Casey O'Brier ET -1 0/10/12 Register of Probr