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HomeMy WebLinkAboutContract #: 017223 - From: 12-31-2011 To: - Landmark Finish, Inc - Town of North Andover�d ('� O y URBELIS & FIELDSTEEL, LLP 155 FEDERAL STREET BOSTON, MASSACHUSETTS 02110-1727 CAROL HAIJAR MCGRAVEY OF COUNSEL e-mail chm@uf-law.com June 23, 2011 Raymond Santilli North Andover Town Offices 120 Main Street North Andover, MA 01845 RE: LANDMARK FINISH, INC. Dear Ray: Telephone 978-475-4552 Telephone 617-338-2200 Telecopier 617-338-0122 Enclosed please find the above -referenced contract, which has been approved as to form. Very truly yours, Cof Hajjar McGravey CHM/kmp Enclosure w:\wp51\work\n-andove\corresp\santilli.ltr - contract40.doex Santilli, Ray From: Santilli, Ray Sent: Tuesday, June 28, 20118:50 AM To: Gallagher, Paul; Boettcher, Rich Cc: Savage, Lyne; Webster, Lillian Subject: Input Requisition/Purchase Order All contracts documents for furnishing and installing cabinets and counter -tops at the Police Station have been received. Please input a requisition/purchase order for Landmark Finish, Inc. Furnishing and installing cabinets and countertops $8,275.00 If you have any questions, please call me. 9" Santtffi Assistant Town Manager Town of North Andover ACORN CERTIFICATE OF LIABILITY INSURANCE `-�'' DATE(MMl11YYYY) 6/2/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER: THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Nancy Brennan, CIC, CPIW Risk Strategies CompanyCNN •Ext): (781)986-4400 (A -FAX No):-- (781)963-4420 15 PaCella Park Drive EMAILADDRESS:nbrennan@risk-strategies.com Suite 240 - - PRODUCER CUSTOMER ID�O010959 INSURER(S) AFFORDING COVERAGE NAIC# Randolh — MA 02368 INSURED INSURER A:Pennsylyania_ Lumbermens Mut /12/2013 MED EXP (Any one person) is 10,000 - — INSURERB:Safety Insurance Company_ 33618 Landmark Finish Inc. INsuRERc:PMC Insurance Group 12 Dundee Park PERSONAL & ADV INJURY $..... 1,000,000 -_-_- INSURER 0: j INSURER E: Andover MA 01810 GEN'L AGGREGATE LIMIT APPLIES PER: INSURER F COVERAGES CERTIFICATE NUMBER:CL1151336734 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. -SR' RN LTR TYPE OF INSURANCE ADDL INSR SUBR WVD ' POLICY EFF POLICY NUMBER MM/DD/YYYY POLICY EXP !, - - - - - MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE § 1,000,000 COMMERCIAL GENERAL LIABILITY j DAMAGE TO RENTED PREMISES iEa occurrence) $ 50,000 A!� CLAIMS -MADE !_X :OCCUR 0-L021-01-12 x/12/2011 /12/2013 MED EXP (Any one person) is 10,000 - — _...._..I _------------ —_--------_-- PERSONAL & ADV INJURY $..... 1,000,000 -_-_- j GENERAL AGGREGATE $ 2,000,000 - -- - - _ .. GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS COMP/OP AGG $ 2,000,000 i PRO- - -- POLICY JECT LOC $ AUTOMOBILE LIABILITY j COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 ANY AUTO ! L----- - -- -- - I - -. B ! ALL OWNED AUTOS 6203354 15/14/2011 I BODILY INJURY (Per person) $ 5/14/2012- - ! BODILY INJURY (Per accident)' $ X ;SCHEDULED AUTOS - - - X :' PROPERTY DAMAGE $ i HIRED AUTOS(Per accident) X NON -OWNED AUTOS �$ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $ 1,000,000 DEDUCTIBLE j $ -$- A f RETENTION ; 20-L021-01-12 7./12/2011 2/12/2013 ( - C WORKERS COMPENSATION WC STATU- 0TH - AND AND EMPLOYERS' LIABILITY Y / N ! X 'TORY LIMITS: ER. ANY PROPRIETOR/PARTNER EXECUTIVE ❑ N/A ! ENT $ SOO, OOO CIDA OFFICER/MEMBER EXCLUDED? (Mandatory in NH) ( C005471445 2/3/2011 E L. DASEASECH /3/2012 �— $ 50O 000 EMPLOYEE If as, describe under --- - DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 500,000 I I j I i i DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Issued as evidence'of insurance. Town of North Andover is listed as additional insured, excluding workers compensation, as required by written contract. l.tK I Ir'1k A I r- r1ULUtK GANGtLLA I IUN Town of North Andover 120 Main Street 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 chael Christian/NB ACORD 25 (2009/09) ©1988-2009 ACORD CORPORATION. All rights reserved. INS025 (200909) The ACORD name and logo are registered marks of ACORD 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: June 22, 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 Landmark Finish, Inc to furnish and install cabinets and counter -tops at the Police Station per the Invitation for Bids issued on April 13, 2011. Thank you in advance for your attention to this matter. Sincerely, Raymond T. Santilli Assistant Town Manager Enclosures LANDMARK mamun June 7, 2011 • •' 12 nundee Park Prlve Andover, MA 01810 phone, 918-410-2040 fax: 918-410-1223 www.laidmarkfini5h.com To whom it may concern: Per the attached Certificate of Vote dated May 1, 2011, Stewart Junge, President/Owner of Landmark Finish, Inc. is authorized to execute contracts on behalf of Landmark Finish, Inc. This authority continues in full force and effect as of the date of this letter and contract with the Town of North Andover. Sincerely, —2, :��5 Deanna Junge Clerk CERTIFICATE OF VOTE ,f At a duly authorized meeting the Board of Directors of the Landmark Finish, Inc. held on May 1, 2011 it was VOTED, THAT Stewart Junge (Name) President/Owner (Officer) of Landmark Finish, Inc . be and hereby is authorized to execute contracts and bonds in the name and on behalf of said Landmark Finish, Inc ., and affix its corporate seal hereto; and such execution of any contract or obligation in the name of Landmark Finish, Inc . on its behalf by such officer under seal of Landmark Finish, Inc., shall be valid and binding upon Landmark Finish, Inc.. I hereby certify that I am the clerk of the above named Landmark Finish, Inc . and that Stewart Junge is the duly elected officer as above of said Landmark Finish, Inc ., and that the above vote has not been amended or rescinded and remains in full force and effect as the date of this contract. 5/� (Date) (Clerk) Town of North Andover IFB Cabinets and COnnter-tops for Police Station Page 32 of 33 LANDMARK N V�1 f' 12 nundee park nrlve Andover, MA 01810 phone; 918-410-2040 fax; 918-410-1223 www,landmarkflnlsh,can TRANSMITTAL: June 7, 2011 Project: Police Station Cabinets & Counter Tops Attached, please find the following: 1. Schedule of Values 2. Letter stating that Certificate of Vote is in full effect 3. W-9 4. 3 copies of signed contract SincerelPStewart e President/Owner mall VKXUVVM _ m�YiiL'r[ Landmark Finish, Inc. Schedule of Values Project: Town of North Andover Police Station Cabinets & Counter Tops Description Value Drafting & Submittals $ 500.00 Fabrication of Cabinetry & Counter Tops $ 6,000.00 Installation of Cabinetry & Counter Tops $ 1,775.00 Total $ 8,275.00 Santilli, Ray From: Santilli, Ray Sent: Tuesday, June 21, 2011 12:02 PM To: 'Stewart Junge' Subject: Documentation Stewart, Your submission received yesterday does not include the required insurance certificates. Please advise. Thanks 344 SadM Assistant Town Manager Town of North Andover TOWN OF NORTH ANDOVER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Raymond T Santilli Assistant Town Manager Mr. Stewart Junge Landmark Finish, Inc. 12 Dundee Park Drive Andover, MA 01810 Dear Mr. Junge: May 25, 2011 TEL (978) 688-9516 FAX (978) 688-9556 The Town of North Andover has decided to award the contract to Landmark Finish, Inc for furnishing and installing cabinets and counter -tops at the Police Station per the Invitation for Bids issued on April 13, 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: Landmark Finish, Inc. Address: 12 Dundee Park Drive Andover, MA 01810 Telephone Number: 978-470-2040 Fax Number: 978-470-1223 1. This is a Contract for the procurement of the following: Furnish and install cabinets and counter -tops at Police Station as specified in the Invitation for Bids dated April 13, 2011 2. The Contract price to be paid to the Contractor by the Town of North Andover is: $8,275.00 3. Payment will be made as follows: Upon completion and acceptance of work, 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 Landmark Finish, 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 December 31, 2011, 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 Landmark Finish, Inc. Page 2 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 cabinets and counter -tops as specified $ b, 2.--S.'WI),x Business Name Landmark Finish, Inc. Business Address 12 Dundee Park Drive Andover, MA 01810 Business Phone 978-470-2040 Fax 978-470-1223 Stewart Junge Name of Person Authorized to sign Price Proposal President/Owner Title of Person Authorized to sign Price Proposal Signature of A coryyc�,_ Cle.r►_ Town of North Andover IFB Page 10 of 33 Cabinets and Counter -tops for Police Station CERTIFICATE OF VOTE At a duly authorized meeting the Board of Directors of the held on May 1, 2011 it was VOTED, THAT Stewart Junge (Name) Landmark Finish, Inc. President/Owner (Officer) of Landmark Finish, Inc . be and hereby is authorized to execute contracts and bonds in the name and on behalf of said Landmark Finish, Inc., and affix its corporate seal hereto; and such execution of any contract or obligation in the name of Landmark Finish, Inc. on its behalf by such officer under seal of Landmark Finish, Inc., shall be valid and binding upon Landmark Finish, Inc.. I hereby certify that I am the clerk of the above named Landmark Finish, Inc. and that Stewart Junge is the duly elected officer as above of said Landmark Finish, Inc., and that the above vote has not been amended or rescinded and remains in full force and effect as the date of this contract. 5 _y/ (Date) - (Clerk) Town of North Andover IFB Page 32 of 33 Cabinets and Counter -tops for Police Station 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 \,J U- �Iyhl Stewart Junge, President/Owner Landmark Finish, Inc. Print Name & Title Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I Stewart Junge , authorized signatory for Landmark Finish, Inc. 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. Si ture Town of North Andover IFB Cabinets and Counter -tops for Police Station Date Page 31 of 33 A� O® CERTIFICATE OF LIABILITY INSURANCE 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, 6/2/2011 THIS 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 CONTACT Nancy Brennan, CIC, CPIW Risk Strategies Company FAX PHONE (781)986-4400 (A/C (781)963-4420 ADDRESS:nbrennan@risk-strategies.com 15 Pacella Park Drive Suite 240 PRODUCER 00010959 Randolph MA 02368 _GUSTO.MERJD.#F____ _ ........ ...... INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A :Penns lvania Lumbermens Mut INSURERB:Safety Insurance Company 33618 CLAIMS -MADE n OCCUR --- Landmark Finish Inc. INSURERC:PMC Insurance Grou 0-LO21-01-12 12 Dundee Park /12/2013 INSURER D $ 10,000 --- ----- -- INSURER E: INSURER F Andover MA 01810 COVERAGES CERTIFICATE NUMBER-CL1151336734 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. INSR LTR I TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DDIYYW LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE EM"', (E.occur ante PREM $ 50,000 A CLAIMS -MADE n OCCUR --- 0-LO21-01-12 /12/2011 /12/2013 MED EXP (Any one person)_ _ $ 10,000 --- ----- -- _ _ ...-._ i PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE Is 2,000,000 �J GEN'L AGGREGATE LIMIT APPLIES PER: nPOLICY PE 0 I I LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ AUTOMOBILE I--- LIABILITY COMBINED SINGLE LIMIT ( a accident) I $ 1,000,000 B �- I J X i�Y ANY AUTO.-_------_-...._._—.—__--_- ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS � I 6203354 i /14/2011 /14/2012 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) -- - PROPERTY DAMAMAGE (Per accident) $ I- - .. ----- - - $ $ X I NON -OWNED AUTOS X 11 UMBRELLA LIAB X OCCUR EXCESS LIAR CLAIMS -MADE EACH OCCURRENCE 1 $ 1,000,000 AGGREGATE $ 1,00 - 0 , 000 DEDUCTIBLE is is ARETENTION $ 0-1,021-01-12 /12/2011 /12/2013 C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E X WC STATU- OH -1 E.L. EACH ACCIDENT Is 500,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N/A 0005471445 /3/2011 /3/2012 E.L. DISEASE - EA EMPLOYE ---._ ._...------......__._.. $ 500,000 - -..._ �.....-- If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 500,000 I DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Issued as evidence of insurance. Town of North Andover is listed as additional insured, excluding workers compensation, as required by written contract. CERTIFICATE HULUEK GANlL tLLAIIVN Town of North Andover 120 Main Street 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 1 Christian/NB ACORD 25 (2009109) ©1988-2009 ACORD CORPORATION. All rights reserved. INS025 (200909) The ACORD name and logo are registered marks of ACORD APPENDIX A - PRICE PROPOSAL The Contract will be awarded to the responsible, responsive bidder offering the lowest aggregate price for the products famished and installed. All prices are to remain firm for the duration of the Contract. Furnish and install cabinets and counter -tops as specified Business Name Masiello Construction Co., Inc. Business Address $ 14,200.00 352 Boston Turnpike, Shrewsbury, MA 01545 Business Phone 508-752-5387 Fax 508-754-1479 John P. Masiello Name of Person Authorized to sign Price Proposal Vice—president Title of Person Authori"sign Price Proposal 1'vi�_ i - vv of Above Person Insurance per the attached certificate Town of North Andover IFB Cabinets and Counter -tops for Police Station 0 Page 10 of 33 C A`k. R CERTIFICATE OF LIABILITY INSURANCE 2/15�2M 011 PRODUCER (617) 773-9200 FAX: (617) 773-9920 Albert J. Tonry S Co., Inc. 300 Congress Street Quincy MA 02169 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Masiello Construction Co., Inc. 352 Boston Turnpike Shrewsbi4ry MA 01545 INSURER ATransportation Insurance 352 INSURER B: National Fire Ins Co Hartford 20478 INSURER a Continental Casualty Company 20443 INSURERD:Vslley Forge Insurance Co. INSURER E: COVERAGES 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 OISUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRLTR OD TYPE OF INSURANCE PgJC1f NUMBER POLICY EFFECTIVE POLICY PIRATI LIMITS GENERALLIA ILITY EACH OCCURRENCE S 1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $ 100,000 A X1 COMMERCIAL GENERAL LIABILITY CLAIMS MADE ❑R OCCUR TCP2077786393 6/1/2011 MED EXP (Any are person) S 5,000 PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE S 2,000,000 CO) C GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG S 2,000,000 POLICY X PRO LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY = (Per person) D X ALL OWNED AUTOS SCHEDULED AUTOS 2077786409 6/1/2010 6/1/2011 BODILY INJURY $ (Per accident) X X HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY ' AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: AGG $ EXCESS/ UMBRELLA LIABILITY EACH OCCURRENCE $ 1,000,000 OCCUR CLAIMS MADE AGGREGATE $ 1,000,000 S $ C DEDUCTIBLE CUP2077786426 6/1/2010 6/1/2011 $ X RETENTION $ 10,000 B WORKERS COMPENSATION AND EMPLOYERS' WIBILI7Y ANY PROPRIETOR/PARTNEREKECUTIVE a TRY LIATU OTH E.L. EACH ACCIDENT S 11000,000 OFMCERIMEMBER EXCLUDED? (MenditoryInNH) 2076345350 6/1/2010 6/1/2011 E.LDISEASE- EAEMPLOYE $ 1,000,000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 A OTIIEREquipment Floater TCP2077786393 6/1/2010 6/1/2011 Leased/Rented $50,000 DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS Operations usual to a Commercial General Contractor. CERTIFICATE HOLDER CANCELLATION (508) 841-8497 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLEnBEFORE THE EXPIRATION Town of Shrewsbury, MA DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL. 10 DAYS WRITTEN 100 Maple Avenue Shrewsbury, MA 01545 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE L Tonry Jr . /DCABRA ACORD 25 (2009/01) INS025(wwi) ©198&2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 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 May 3, 2011 f` John P—Masiello, Vice-president Masiello Construction Co., Inc. Print Name & Title Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I John P. Masiello authorized signatory for Masiello Construction Co. , Inc. 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. May 3, 2011 *ature Date Town of North Andover IFB Cabinets and Counter -tops for Police Station Page 31 of 33 CERTIFICATE OF VOTE At a duly authorized meeting the Board of Directors of the Masiello C held on February 23, 2001 it was VOTED, THAT John P. Masiello (Name) Vice-president I (Officer) truction Co., Inc. Of Masiello Const. Co. , Inbe 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 John P. Masiello on its behalf by such officer under seal of Massachusetts , shall be valid and binding upon the Corporation I hereby cer* that I am the clerk of the above namedMas iello Const. Co., Incand that John P. Masiello 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. May 3, 2011 (Date) (Clerk) John A. Masiello Town of North Andover IFB Page 32 of 33 Cabinets and Counter -tops for Police Station 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 cabinets and counter -tops as specified '7w1/1 74�J 4 "" Business Name Business Address ( I C) $ Z oe��l 0 0 GJG Business Phone 72 3 ?0 (- )o Fax OG C V -V U Name of Person Authorized to sign Price Proposal le of Person Authorized to sign Sien'ature of Town of North Andover IFB Cabinets and Counter -tops for Police Station Page 10 of 33 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 6AII 4, 4,1✓G Print Name & Title Date / ?f J Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I f'Y1 /C h4 �'i / , authorized signatory for /1/J4 r 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. Si atur Date Town of North Andover IFB Cabinets and Counter -tops for Police Station Page 31 of 33 CERTIFICATE OF VOTE At a duly authorized meeting the Board of Directors of the held on it was VOTED, THAT IL hat 54'1'i.i (Name) iA(Officer) of 1 �s I C 4A Y;,Z be and hereby is authorized to execute contracts and bonds in the name and on behalf of said �� ley �S ✓ , 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 /'�1! �j shall be valid and binding upon1� I hereby certify that I am the clerk of the above named that < L4-/ SL yt �s the duly elected and officer as above of said /1J Z'�4 // A , and that the above vote has not been amended or rescinded and remains in full force and effect as the date of this contract. (Date) (Clerk) Town of North Andover IFB Cabinets and Counter -tops for Police Station Page 32 of 33 APPENDIX A - PRICE PROPOSAL The Contract will be awarded to the responsible, responsive bidder offering the lowest aggregate price for the products famished and installed. All prices are to remain firm for the duration of the Contract. Furnish and install cabinets and counter -tops as specified Business Name JG /11Dh al 61711-<j'U D� OrD• Business Address bol) /V/� i. (- i i Business Phone 71fl- Fax d6al Name of Person Authorized to sign Price Proposal Title of Person Authorize gn Price Proposal Signature of Above Person Town of North Andover 1FB Cabinets and Counter -tops for Police Station 4 ' /P-�- 02IT5- Page 10 of 33 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 t A.,W A ALM& 11_(`�YZA 711 Print Name & Title Date A L ( � f Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I 62W Q, ��fLJ,J' , 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 Cabinets and Counter -tops for Police Station Page 31 of 33 r CERTIFICATE OF VOTE At a duly authorized meeting the Board of Directors of the l?7el- ,'76/ onJ GrG oma, �, held on it was VOTED, THAT nr--a..Aj"oa_r (Name) (Officer) of be and hereby is authorized to execute contracts and bonds in the name and on behalf of said,6-1 and affix its corporate seal hereto; and such execution of any contract or obligation in the name of (� . 17 Ce • on its behalf by such officer under seal of ,a Loi ,,4 v . , shall be valid and binding upon o ` I hereby certify that I am the clerk of the above named ah (.�1 1/';U � to . and that ��`�Q Aqwy is the duly elected officer as above of said and that the remains in full force and effect as the date of ied and Town of North Andover IFB Page 32 of 33 Cabinets and Counter -tops for Police Station APPENDIX A - PRICE PROPOSAL The Contract will be awarded to the responsible, responsive bidder offering the lowest aggregate price for the products famished and installed. All prices are to remain firm for the duration of the Contract. Furnish and install cabinets and counter -tops as specified $ tj . wo .0p Business Name Business Address �b Wunkw M I &C..14 Sko, MSA Mao Business Phone(95q-2,060 Fax(q-jj)7j4A-82R0 Name of Person AuthorizeH to sign Price Proposal M& Title of Person Authorized to sign Price Proposal Signa a of Above Person Town of North Andover 1FB Cabinets and Counter -tops for Police Station Page 10 of 33 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 �,4� heY P,T r� eckkfik- Prin Name & Title Date ou CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I �� ,'V . ,authorized signatory for�j����(i h�Cl�ntrac�tor� Na ofindividual Name of 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. UP, "Od—For, I I I Town of North Andover IFB Cabinets and Counter -tops for Police Station All 9W Date Page 31 of 33 CERTIFICATE OF VOTE At a duly authorized meeting the Board of Directors of the 1VQ(aQx Njcc 1,&W 1111acicon-' held on ao \ 1 it was VOTED,THAT glxec.�l At . Tr� ,%- a6 . V (Name) I (Officer) ofQ6 S�l (jjta( be and hereby is authorized to execute contracts and bonds in the name and on behalf of said RIIC(' �����l��C , and affix its corporate seal hereto; and such execution of any contract or obligation in the name of Y<X _ b1c Jr on its behalf by such officer under seal of c pn� t fir` &- , shall be valid and binding upon o Y P�.w��,1r,��`K I hereby certify that I am the clerk of the above named A \nlYtitl7x�gd thatis the duly elected officer as above . of said Q T�o4 �&and that the above vote has not been amended or rescinded and remains in full force and effect as the date of this contract. Da e) Town of North Andover IFB Cabinets and Counter -tops for Police Station (Clerk) jr Page 32 of 33 BID BOND Conforms with The American Institute of Architects, A.I.A. Document No. A-310 KNOW ALL BY THESE PRESENTS, That we, Roger A. Tremblay Contractors, Inc. 10 Colonial Road - Suite 4, Salem, Massachusetts 01970 as Principal, hereinafter called the Principal, and the International Fidelity Insurance Company , of 800 Hingham Street, Suite 205S, Rockland, MA 02370 , a corporation duly organized under the laws of the State of New Jersey , as Surety, hereinafter called the Surety, are held and firmly bound unto Town of North Andover, 120 Main Street, North Andover, MA 01845 as Obligee, hereinafter called the Obligee, in the sum of 5% of Bid Amount Dollars ($ 5% of Bid Amount ) , for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Installation of Cabinets and Countertops at the Police Station NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 4th day of May 2011 Witness e ' 6(C{ �j Witness Roger A. Tremblay Contractors, Inc. (Seal) Principal tt• Title By EI nsurance Attorney -in -Fact 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 cabinets and counter -tops as specified $ 1 $13,450.00 Business Name W.W.WOODWORKS LLC Business Address 29 DOVER STREET, BROCKTON, MA 02301 Business Phone 1-508-584-4971 Fax 1-508-584-4972 WOJCIECH WASILEWKSI KAL I C --(r-- '�ZO'Tkc."EWkC '- Name of Person Authorized to sign Price Proposal MANAGING PARTNER MA^tA&kAN16 qA-c'_-k Al FcZ Title of Person Authorized to sign Price Proposal Signature of Yove Person fl5/0y/201 S Y_ tl Town of North Andover 1FB Cabinets and Counter -tops for Police Station Page 10 of 33 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 W 0aC 1 C -c (A WCZ(_Z007W 0V4C_Z, LLC Print Name & Title Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I W o—�ct 17,c y wAS.c C=-ws V c , authorized signatory for 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 support. -�4� az. Signature 0 Town of North Andover IFB Cabinets and Counter -tops for Police Station j/q , "?o f/ Date Page 31 of 33 12 I CERTIFICATE OF VOTE At a duly authorized meeting the Board of Directors of the held on it was VOTED, THAT tnk,�c1J0©�t�o2t�S l.Lcwc��c (Name) (Officer) of be and hereby is authorized to execute contracts and bonds in the name and on behalf of said , and affix its corporate seal hereto; and such execution of any contract or obligation in the name of on its behalf by such officer under seal of , shall be valid and binding upon that I hereby certify that I am the clerk of the above named and is the duly elected officer as above of said and that the above vote has not been amended or rescinded and remains in full force and effect as the date of this contract. (Date) Town of North Andover IFB Cabinets and Counter -tops for Police Station (Clerk) Page 32 of 33 W.FRdW rks 4 4'. K9od�rorU UG U C Sveet Portfolio Year Project Client Value 2011 Royal Sonesta Hotel Benchmark $320,000.00 2011 Natick High School Brait Builders Inc $885,000.00 2011 Province Town Library Colantonio, Inc $85,000.00 2010 Mercantile Block Pezzucco Construction $115,000.00 2010 Bolton Public Library M'Oconnor Contracting $270,000.00 2010 Reading Town Hall GVW, Inc $65,000.00 2010 East Providence Weaver Library Pezzuco Construction $160,000.00 2007 Bedford High School Brait Builders Inc $222,000.00 2007 Oliver Ames High School Brait Builders $110,000.00 2008 UBS Financial Vantage Builders $150,000.00 2008 Gloucester Town Hall Campbell Construction $30,000.00 2007 Sacred Heart Church, Weymouth TLT Construction $130,000.00 2007 Boston College Vantage Builders $35,000.00 2006 International Family Church Vantage Builders $60,000.00 2002 Brookline Library Brait Builders $137,000.00 2008 U.S. ICE Vantage Builders $130,000.00 2006 Holbrook Town Hall Campbell Construction $65,000.00 2000-2011 Residential Casework (250KAnnually) Multiple Clients $2,500,000.00 WWWoodworks 129 Dover Street, Brockton, MA 023011 T: 508-584-4971 1 F: 508-584-4972 Santilli, Ray From: Stewart Junge [landmarkfinish@yahoo.com] Sent: Friday, May 13, 2011 10:43 AM To: Santilli, Ray Subject: NA Police Dept Ray, As discussed, I am confident in my pricing and ability to preform the duties requested. Upon receipt of the contract we will generate shop drawings for your review. In addition, we will schedule another site visit to cross reference the color samples. I look forward to working with you. Stewart Junge Landmark Finish, Inc. 12 Dundee Park Drive Andover, MA 01810 Phone: 978-470-2040 Fax: 978-470-1223 www.landmarkfinish.com Please note the Massachusetts Secretary of S t<. W- 'V"'�f,-iat nrost 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 piititiiiq _ -a;l Santilli, Ray From: Stewart Junge [landmarkfinish@yahoo.com] Sent: Thursday, May 12, 2011 1:35 PM To: Santilli, Ray; Santilli, Ray Subject: References Ray, The following is a short list of references as you requested. In addition, please be advised,that we are a member of AWI and an AWI QCP Accredited Firm. 1. Guy Conrad Construction Project Manager/Facilities Management Department Phillips Exeter Academy Phone: 603-777-4404 Projects: Fabrication & Installation of various custom millwork projects, fabrication and installation of custom Harkness Table 2. Emilio Licciards President Federal Construction Corp Lynnfield, MA Phone: 781-246-1700 Projects: Mass Maritime Academy, UMass Lowell Sals Pizza and Taco Bell, UMASS Lowell Continuing Education, UMASS Lowell, O'Leary 4th Floor, Honeydew Donuts 3. Kevin P. Duffy Principal Duffy Properties LLC Waltham, MA 02452 Phone: 781-647-5775 Projects: Private Residence, Custom Cabinetry for 50 Town homes "Greystone as Winchester" Please also feel free to visit our website for a list of clients and projects. Regards, Stewart Junge Landmark Finish, Inc. 12 Dundee Park Drive Andover, MA 01810 Phone: 978-470-2040 Fax: 978-470-1223 www.landmarkfinish.com TOWN OF NORTH ANDOVER INVITATION FOR BIDS CABINETS AND COUNTER -TOPS Contact Address Telephone Number: Fax Number: Email FOR POLICE STATION April 13, 2011 Ray Santilli Assistant Town Manager 120 Main Street North Andover, MA 01845 978-688-9516 978-688-9556 rsantilhgtownofnorthandover.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. Scope of Services ..................................................... 5 6. General Specifications................................................ 6 7. Prevailing Wage Rates ............................................... 8 8. Evaluation of Bids .................................................... 8 Appendix A — Price Proposal .......................................... 10 Standard Town of North Andover Contract With Supplement "C ................................................ 11 Certifications............................................................ 31 Prevailing Wage Rates ................................................ 33 Town of North Andover IFB Page 2 of 33 Cabinets and Counter -tops for Police Station 1. Introduction The Town of North Andover (`Town') is soliciting bids from qualified companies to furnish and install cabinets and counter -tops for the Police station located at 1475 Osgood Street. 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.townofnorthandover.com) under "Available Bids, Quotes and Proposals". The Town will accept proposals delivered in person or by mail. All proposals must be received by 2:00 p.m. on Wednesday, May 4, 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 "Cabinets and Counter -tops" 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 33 Cabinets and Counter -tops for Police Station All sealed proposals must be received and registered by the Assistant Town Manager's office by Wednesday 4, 2011 at 2:00 p.m. All outer envelopes must be labeled "Cabinets and Counter -tops" 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, April 26, 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, April 28, 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. Bidders are not to communicate directly with any employee of the Town of North Andover, except as specified in this IFB, and no other individual employee or representative is authorized to provide any information or respond to any question or inquiry concerning this IFB. Town of North Andover IFB Page 4 of 33 Cabinets and Counter -tops for Police Station 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 The exact measurements of all cabinets and counter -tops shall be the responsibility of the vendor. 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. Scope of Services The specified work shall consist of the following: A. Evidence Room o Provide and install a "Pionite" plastic laminate, "Opal Impression" colored, Suede finish countertop work surface to match existing countertop (approximately 5' 11" long x 391/2" wide) with 2 — 21 1/2" wide base cabinets (1 drawer, 2 door, 2 shelf) underneath, to match existing cabinets. o Provide and install an open red oak wall cabinet (48" x 30" x 12") to match existing wall cabinet. B. Booking Room: o Provide and install a "Dupont Corian", "dusk" colored countertop work surface (approximately 8' 1" long x 25 1/2" wide) and backsplash (4" x 1/2") with 4 — 21 %2" wide base cabinets (1 drawer, 2 door, 2 shelf) underneath, to match existing cabinets. o Provide and install an open red oak wall cabinet (48" x 30" x 12") to match existing wall cabinet in Evidence Room. C. Armory: o Provide and install a Pionite" plastic laminate, "Opal Impression" colored, Suede finish countertop work surface to match existing countertops in the building with 1 — 2 drawer file base cabinet on left and 1 — 3 drawer file base cabinet on right underneath. Install hole with grommet in rear left of countertop for computer and telephone cables. o Provide and install an open red oak wall cabinet unit (24" wide x 82" tall) with 3 shelves. Town of North Andover IFB Page 5 of 33 Cabinets and Counter -tops for Police Station 6. General Specifications A. Countertops The exact countertop measurements shall be the responsibility of the vendor. All countertops shall be 1 '/2" thick. Corian shall be %2" and Pionite plastic laminate shall be (1/16") minimum .050 thick. Solid surfacing materials shall be non -porous material homogeneously composed of natural minerals and high performance polymer. Shop fabricate all countertops in strict accordance with the recommendations of the solid surfacing manufacturer. Route to all edges to be butted for a smooth, clean fit. Sand edges with 120 grit sandpaper to rough up surfaces for adhesive bonding. Clean with denatured alcohol. After shaping, bring finish of all surfaces equal to manufacturer's original satin finish. Sand surfaces smooth with wet 400 grit sandpaper. Remove superficial scratches and sander markings, buff with nylon buffing pads as recommended by solid surfacing manufacturer. Wipe surfaces clean and dry with cloths. Finished work shall be free from visible adhesive and pencil marks. Field touch-up shall be the responsibility of the installer and shall include the filling, and touch-up of exposed job made nail or screw holds, refinishing of surfaces resulting from job fitting, repair of job inflicted scratches and marks, and final cleaning up of the finished surfaces. Surfaces shall be installed plumb, level, true and straight without distortions. Use concealed shims as required. Work shall be installed to a tolerance of 1/8 inch in 8 feet or plumb and levelness. There shall be no variations in flushness of adjoining work except for countertop in Booking Room which is designed with a variation. Tops and trim shall be scribed and trimmed to fit adjoining work. Where cuts occur, refinish surfaces and repair damaged finishes. Secure solid surfacing fabrications to blocking directly attached to substrates. Secure fabrication using concealed fasteners. Anchor tops securely to base units and to other support systems as required. Drill two (2) holes with grommets in the Booking Room countertop; the size and location of holes to be determined at time of installation. Town of North Andover IFB Page 6 of 33 Cabinets and Counter -tops for Police Station Maximum variation from true position 1/16 inch with a maximum of 1/32 inch offset from true alignment with adjoining surfaces intended to be flush. Clean excess sealant by moderate use of mineral spirits or other solvent acceptable to sealant and solid surfacing manufacturers. Wash down solid surfacing surfaces with a solution of mild detergent in warm water, applied with soft clean wiping cloths. Take care to remove dirt from corners. Wipe surfaces clean. B. Cabinets Plywood for exposed and semi -exposed portions of work shall have face veneer of Custom Grade Red Oak for transparent finish. Solid stock for exposed and semi -exposed portions of work shall be clear defect free Red Oak for transparent finish. Plywood and solid stock of exposed and semi -exposed portions of cabinets shall be finished in the mill shop with a clear transparent finish: o One (1) coat of sanding sealer o One (1) coat of Nitro-Cellhalose hot lacquer or catalyzed lacquer gloss o One (1) 1 topcoat Nitro -Cellular hot lacquer or catalyzed lacquer -satin finish o Lightly sanded between coats with 500 grit S.C. wet or dry abrasive paper. Semi -exposed portions as used herein shall include those members behind opaque doors such as shelves, divisions, backs, sides and bottoms. Hardboard shall be 1/4" thick tempered, smooth two sides, brown, Masonite Duolux, or approved equal. The exact cabinet measurements shall be the responsibility of the vendor. All work shall be shop fabricated. All visible edges of plywood shall be edge -banded with solid Red Oak, glued solidly in place. Metal shelf standard and supports and all finish hardware shall be furnished by the vendor. Extra Heavy Duty Standard KV -76 and Extra Heavy Duty Brackets KV -186 and KV -187. The vendor shall furnish and install in the shop all hardware required for cabinetwork. Hardware shall be of type specified here in below or approved equal: Town of North Andover IFB Page 7 of 33 Cabinets and Counter -tops for Police Station o Door and Drawer Pulls — Stanley No. 4484 x US26D o All Cabinet Door Hinges — Stanley No. 331 pivot hinges x US26D o All Cabinet Doors to have magnetic catches — Stanley No. 45 x US26D o Metal Standards — KV No. 255 o Metal Supports — KV No. 256 o Shelf Fasteners — KV No. 154 o Drawer Slides — Full Extension — KV No. 1700 o Drawer Locks —Corbin #15783 o Door Slide Bolts — Ives 40PA US28, 2, 2 per door o Mailbox slide -out shelf drawer slider `GLOM#652H3810P, 15" Undermount, Full Extension All cabinet shelving shall be white Melamine on 3/4" particle board with '/4" Red Oak edge banding. Cabinet exterior (doors and drawers) shall be plastic laminate on 3/4" particle board with 1/4" Red Oak edge -banding, clear finish. Cabinet facings shall be Pionite plastic laminate .028 (1/32") minimum thicknesses. The color shall be slate gray for Pionite countertops and Opal Impressions for Corian countertops. C. Wall Cabinets All wall cabinet units shall be clear defect free solid 3/4"Red Oak for transparent finish. All cabinets shall be mounted square and level at locations to be designated at the time of installation. All 48" x 30" x 12" units shall be sectioned into four (4) equal compartments. 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. Town of North Andover IFB Page 8 of 33 Cabinets and Counter -tops for Police Station ■ 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 9 of 33 Cabinets and Counter -tops for Police Station 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 cabinets and counter -tops as specified $ 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 10 of 33 Cabinets and Counter -tops for Police Station 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 11 of 33 Cabinets and Counter -tops for Police Station 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 12 of 33 Cabinets and Counter -tops for Police Station 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 13 of 33 Cabinets and Counter -tops for Police Station 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 14 of 33 Cabinets and Counter -tops for Police Station 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 15 of 33 Cabinets and Counter -tops for Police Station 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 16 of 33 Cabinets and Counter -tops for Police Station The Contractor shall furnish to the Town evidence of such insurance prior to the execution of this Contract before the same shall be binding on the parties thereto, except if specifically waived by the Town. 20. Documents, Materials, Etc. Any materials, reports, information, data, etc. given to or prepared or assembled by the Contractor under this Contract are to be kept confidential and shall not be made available to any individual or organization by the Contractor (except agents, servants, or employees of the Contractor) without the prior written approval of the Town, except as otherwise required by law. The Contractor shall comply with the provisions Chapter 66A of the General Laws of Massachusetts as it relates to public documents, and all other state and federal laws and regulations relating to confidentiality, security, privacy and use of confidential data. Any materials produced in whole or in part under this Contract shall not be subject to copyright, except by the Town, in the United States or any other country. The Town shall have unrestricted authority to, without payment of any royalty, commission, or additional fee of any type or nature, publicly disclose, reproduce, distribute and otherwise use, and authorize others to use, in whole or in part, any reports, data or other materials prepared under this Contract. All data, reports, programs, software, equipment, furnishings, and any other documentation or product paid for by the Town shall vest in the Town at the termination of this Contract. The Contractor shall at all times, during or after termination of this Contract, obtain the prior written approval of the Town before making any statement bearing on the work performed or data collected under this Contract to the press or issues any material for publication through any medium. 21. Audit, Inspection and Recordkeeping At any time during normal business hours, and as often as the Town may deem it reasonably necessary, there shall be available in the office of the Contractor for the purpose of audit, examination, and/or to make excerpts or transcript all records, contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 22. Pam The Town agrees to make all reasonable efforts to pay to the Contractor the sum set forth in the Contractor's bid or proposal within thirty (30) days of receipt of an invoice detailing the work completed and acceptance from the Town of the work completed. Town of North Andover IFB Page 17 of 33 Cabinets and Counter -tops for Police Station 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 18 of 33 Cabinets and Counter -tops for Police Station 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 30B) [ X ] CONSTRUCTION SUPPLEMENT "C" - Applicable to Contracts for Construction Town of North Andover IFB Page 19 of 33 Cabinets and Counter -tops for Police Station 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 Cabinets and Counter -tops for Police Station Date Date Page 20 of 33 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. 3. EgualitX: 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. 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 21 of 33 Cabinets and Counter -tops for Police Station 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. 8. 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 22 of 33 Cabinets and Counter -tops for Police Station 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 23 of 33 Cabinets and Counter -tops for Police Station 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 Pa 1�: 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. f 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 24 of 33 Cabinets and Counter -tops for Police Station 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 25 of 33 Cabinets and Counter -tops for Police Station 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 26 of 33 Cabinets and Counter -tops for Police Station 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: Comprehensive General Liability Insurance (Broad Form) Town of North Andover IFB Page 27 of 33 Cabinets and Counter -tops for Police Station 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. 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 Town of North Andover IFB Page 28 of 33 Cabinets and Counter -tops for Police Station 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. 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. Town of North Andover IFB Page 29 of 33 Cabinets and Counter -tops for Police Station 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 Cabinets and Counter -tops for Police Station Page 30 of 33 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 Town of North Andover IFB Cabinets and Counter -tops for Police Station Date Page 31 of 33 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 32 of 33 Cabinets and Counter -tops for Police Station Town of North Andover IFB Page 33 of 33 Cabinets and Counter -tops for Police Station 11 0 0 r Q �1 � " — .^ 1-. — "'. , n I "'. � e M fi SCOPE OF WORK The North Andover Police Department is seeking to complete the following work within the new Police Headquarters Building located at 1475 Osgood Street, North Andover, Massachusetts. This work shall consist of the following: - Evidence Room: o Provide and install a "Pionite" plastic laminate, "Opal Impression" colored, Suede finish countertop work surface to match existing countertop (approximately 5' 11" long x 39 %" wide) with 2 — 21 %" wide base cabinets (1 drawer, 2 door, 2 shelf) underneath, to match existing cabinets. o Provide and install an open red oak wall cabinet (48" x 30" x 12") to match existing wall cabinet. Booking Room: o Provide and install a "Dupont Corian", "dusk" colored countertop work surface (approximately 8' 1" long x 25 %2" wide) and backsplash (4" x %2") with 4 — 21 %2" wide base cabinets (1 drawer, 2 door, 2 shelf) underneath, to match existing cabinets. o Provide and install an open red oak wall cabinet (48" x 30" x 12") to match existing wall cabinet in Evidence Room. Armory: o Provide and install a Pionite" plastic laminate, "Opal Impression" colored, Suede finish countertop work surface to match existing countertops in the building with 1 — 2 drawer file base cabinet on left and 1— 3 drawer file base cabinet on right underneath. Install hole with grommet in rear left of countertop for computer and telephone cables. o Provide and install an open red oak wall cabinet unit (24" wide x 82" tall) with 3 shelves. GENERAL SPECIFICATIONS Countertops The exact countertop measurements shall be the responsibility of the vendor. All countertops shall be 1 %" thick. Corian shall be %2" and Pionite plastic laminate shall be (1/16") minimum .050 thick. Solid surfacing materials shall be non -porous material homogeneously composed of natural minerals and high performance polymer. Shop fabricate all countertops in strict accordance with the recommendations of the solid surfacing manufacturer. Route to all edges to be butted for a smooth, clean fit. Sand edges with 120 grit sandpaper to rough up surfaces for adhesive bonding. Clean with denatured alcohol. After shaping, bring finish of all surfaces equal to manufacturer's original satin finish. Sand surfaces smooth with wet 400 grit sandpaper. Remove superficial scratches and sander markings, buff with nylon buffing pads as recommended by solid surfacing manufacturer. Wipe surfaces clean and dry with cloths. Finished work shall be free from visible adhesive and pencil marks. Field touch-up shall be the responsibility of the installer and shall include the filling, and touch-up of exposed job made nail or screw holds, refinishing of surfaces resulting from job fitting, repair of job inflicted scratches and marks, and final cleaning up of the finished surfaces. Surfaces shall be installed plumb, level, true and straight without distortions. Use concealed shims as required. Work shall be installed to a tolerance of 1/8 inch in 8 feet or plumb and levelness. There shall be no variations in flushness of adjoining work except for countertop in Booking Room which is designed with a variation. Tops and trim shall be scribed and trimmed to fit adjoining work. Where cuts occur, refinish surfaces and repair damaged finishes. Secure solid surfacing fabrications to blocking directly attached to substrates. Secure fabrication using concealed fasteners. Anchor tops securely to base units and to other support systems as required. Drill two (2) holes with grommets in the Booking Room countertop. The size and location of holes to be determined at time of installation. Maximum variation from true position 1/16 inch with a maximum of 1/32 inch offset from true alignment with adjoining surfaces intended to be flush. Clean excess sealant by moderate use of mineral spirits or other solvent acceptable to sealant and solid surfacing manufacturers. Wash down solid surfacing surfaces with a solution of mild detergent in warm water, applied with soft clean wiping cloths. Take care to remove dirt from corners. Wipe surfaces clean. Cabinets Plywood for exposed and semi -exposed portions of work shall have face veneer of Custom Grade Red Oak for transparent finish. Solid stock for exposed and semi -exposed portions of work shall be clear defect free Red Oak for transparent finish. Plywood and solid stock of exposed and semi -exposed portions of cabinets shall be finished in the mill shop with a clear transparent finish: - 1 coat of sanding sealer - 1 coat of Nitro-Cellhalose hot lacquer or catalyzed lacquer gloss J 1 topcoat Nitro -Cellular hot lacquer or catalyzed lacquer -satin finish Lightly sanded between coats with 500 grit S.C. wet or dry abrasive paper. Semi -exposed portions as used herein shall include those members behind opaque doors such as shelves, divisions, backs, sides and bottoms. Hardboard shall be %" thick tempered, smooth two sides, brown, Masonite Duolux, or approved equal. The exact cabinet measurements shall be the responsibility of the vendor. All work shall be shop fabricated. All visible edges of plywood shall be edge -banded with solid Red Oak, glued solidly in place. Metal shelf standard and supports and all finish hardware shall be furnished by the vendor. Extra Heavy Duty Standard KV -76 and Extra Heavy Duty Brackets KV -186 and KV -187. The vendor shall furnish and install in the shop all hardware required for cabinetwork. Hardware shall be of type specified here in below or approved equal. - Door and Drawer Pulls — Stanley No. 4484 x US26D - All Cabinet Door Hinges — Stanley No. 331 pivot hinges x US26D - All Cabinet Doors to have magnetic catches — Stanley No. 45 x US26D - Metal Standards — KV No. 255 - Metal Supports — KV No. 256 - Shelf Fasteners — KV No. 154 - Drawer Slides — Full Extension — KV No. 1700 - Drawer Locks — Corbin #15783 - Door Slide Bolts — Ives 40PA US28, 2, 2 per door - Mailbox slide -out shelf drawer slider "BLOM#652H3810P, 15" Undermount, Full Extension All cabinet shelving shall be white Melamine on W particle board with %" Red Oak edge banding. Cabinet exterior (doors and drawers) shall be plastic laminate on W particle board with %" Red Oak edge -banding, clear finish. Cabinet facings shall be Pionite plastic laminate .028 (1/32") minimum thicknesses. The color shall be slate gray for Pionite countertops and Opal Impressions for Corian countertops. Wall Cabinets All wall cabinet units shall be clear defect free solid WRed Oak for transparent finish. All cabinets shall be mounted square and level at locations to be designated at the time of installation. All 48" x 30" x 12" units shall be sectioned into four (4) equal compartments. .,SPR Central Register General Contract Submit Confirmation State Publications and Regulations William Francis Galvin, Secretary of the Commonwealth Page 1 of 2 Home erch 11 Index I Feedbock The following General Contract submission was successfully received. Planned date of publish is 4/13/2011 Awarding Agency Agency Name and Address: Town of North Andover 120 Main Street North Andover, MA 01845 Project Number: Estimated Cost: $15,000 Contractor Qualification: Required for DCAM contracts over $100,000, Massachusetts Highway contracts over $50,000. Contact Information Name: IlRay Santilli, Assistant Town Manager Phone: 978-688-9516 Fax 978-688-9556 Email Address: rsantilli(a,townofnorthandover.com Notify email address listed when final publish date assigned. Contract Information Project: Plans/Specifications Available: Place, date and time General Bid Deadline*: Furnish and install series of laminate base cabinets and laminate base countertops at Police Station Specifications will be available on Wednesday, April 13, 2011 at 11:00 a.m. at www.townofnorthandover.com by clicking on 'Available Bids, Quotes and Proposals' 05/04/2011 Time 2:00 P.M. Sub Bid Deadline: Time Sub Bid Categories: Additional Information Public Works Construction project in accordance with MGL 6011, §5; work is subject to prevailing wages. This page can be printed for your records. ,FSPR Central Register General Contract Submit Confirmation Page 2 of 2 .f Add Another J httD://www.sec.state.ma.us/snmub]icformg/GCSubmitConfirm.qtion Santilli, Ray From: Santilli, Ray Sent: Friday, April 01, 2011 10:53 AM To: Stanley, Richard; Boettcher, Rich Subject: RE: Cabinets for Police Station It would still be considered `Public Works Non -Building Construction'. We would not need to advertise or obtain sealed bids but prevailing wages would still pertain. The Mass Cabinets would need to submit a new quote with prevailing wages addressed. J'a* Sanati Assistant Town Manager Town of North Andover From: Stanley, Richard Sent: Friday, April 01, 201110:49 AM To: Santilli, Ray; Boettcher, Rich Subject: RE: Cabinets for Police Station What if the quote was $9,500???? From: Santilli, Ray Sent: Thursday, March 31, 20113:54 PM To: Stanley, Richard; Boettcher, Rich Subject: Cabinets for Police Station Importance: High Gentlemen, The quotes you received for constructing and installing various wood cabinets in the police station are invalid. This work is considered `Public Works Non -Building Construction' thus it falls under MGL c30, §39M and not under MGL c30B. This type work in the range of $10,000425,000 requires advertising in the Central Register and in the local newspaper, obtaining a prevailing wage report for the work to be performed and soliciting sealed bids. Please let me know if you would like me to proceed with the legally required process. Thanks 3 al SaatM 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. Santilli, Ray From: Santilli, Ray Sent: Thursday, March 31, 20113:54 PM To: Stanley, Richard; Boettcher, Rich Subject: Cabinets for Police Station Importance: High Gentlemen, The quotes you received for constructing and installing various wood cabinets in the police station are invalid. This work is considered `Public Works Non -Building Construction' thus it falls under MGL c30, §39M and not under MGL c30B. This type work in the range of $10,000425,000 requires advertising in the Central Register and in the local newspaper, obtaining a prevailing wage report for the work to be performed and soliciting sealed bids. Please let me know if you would like me to proceed with the legally required process. Thanks Assistant Town Manager Town of North Andover MASS CABINETS, INC. IWI 99 Cross Street +anxO Methuen, Massachusetts 01844 (978) 738-060U (978) 738-0601 Fax y � 3 March 16, 2011 North Andover Police 1475 Osgood Street North Andover, MA 978 683 3168 978 685 0249 Attn: Chief Richard M. Stanley Cc : Robert Hiliner RE: Millwork upgrades Mass Cabinets is pleased to provide a lump sum cost as detailed below. Furnish and install 1. Evidence: Add plastic laminate base cabinets and pl.lam laminate countertops to match existing at fume hood. Approximate 6'. Add Oak open wall cabinet over file/refrigerator. 48" wide Total Sum $ 3,300.00 2. Booking: Add plastic laminate base cabinets and new Corian countertop to match existing, Approximate 8', Open upper cabinets 48" wide, wood base.. Total Sum $ 5,700. 00 3. Amory: Add plastic laminate countertop with 2 file base cabinets under approximate 5'x8'. Tall open unit 24" wide x 82" tall Total Sum $ 3, 000.00 Total Sum all items 1-3 $ 12,000.00 We are assuming standard work hours, and included prevailing wage installation labor. Regards, Michael A. Sarno President z y Y fig■ SII �� Building and Remodeling 5 APPLETON STREET NORTH ANDOVER, MA 01845 (978) 682 2023 FAX / PHONE Proposal March 2,2011 Proposal Submitted To: North Andover Police Dept Home Phone: (978) 683-3168 1475 Osgood Street North Andover, MA 01845 RE: Millwork Job Description: Complete removal of all demolition and construction materials generated by Testa Building and Remodeling and its subcontractors. 1 Evidence : Add base cabinets and wall cabinets with laminate counter tops. Total Materials and Labor $ 3800 2 Booking : Add base cabinets and wall cabinets with a Corian Counter tops Total Materials and Labor $ 6100 Amory: Laminate counter top to be placed over 2 flie cabinets and a tall open cabinet Total Materials and Labor $ 3300 A finance charge of V12% per month (18% per year) will apply to all accounts over 30 days past due. In the event collection activity is required the customer shall be responsible for all costs associated with collection, including reasonable attorney's fees. 1 propose hereby to furnish material and labor complete in accordance with above specifications, for the sum of: $ 13,200 Thirteen Thousand Two Hundred Dollars 1/3 to start , 1/3 once half done, 1/3 once complete Authorized signature I reserve the right to cancel this contract if not accepted in -30_ days Signature Signature lack's Custom Woodworking www. jcwco u ntertops . com Est. 1971 CORPORATE LOCATION 3 Aberjona Drive o Woburn, MA 018019 781-935-1907 s fax 781-935-8645 1-800-395-5917 Avonite-Coria n -Formica Solid Surface-Gibraltar-Hi-Max-Staron-Swanstone Plastic Laminate- Butcher Block -Engineered Stone -Granite & Marble North Andover Police 1475 Osgood Street North Andover, MA Atari: Chief Stanley Cc : Robert Hillner Furnish and install 1. Evidence: Base cabinets and countertops $ 3,800. 00 Date3/10/11 QuoteM30 JCW 2. Booking: Base cabinets and Corian countertop $ 6, 900.00 3. Amory: Countertop with 2 file base cabinets, Tall unit $ 3,400. 00 Total $ 13,300. 00 Conditions: Above quotation price is valid for 30 days, unless stated otherwise TAX: ABOVE QUOTATION PRICE DOES NOT INCLUDE MASSACHUSETTS SALES TAX Notes: Any changes in measurement or additional work performed will be charged according to the current Jack's Custom Woodworking prices. J.C.W. is not responsible for the removal of existing countertops, appliances or back splash. Removal of existing counter tops will be charged at the current J.C.W. labor rate per hour. All plumbing and electrical work is to be done by others. A $75.00 fee will be charged if Jack's Custom Woodworking arrives on site and work cannot begin due to your schedule changes or the job site not being ready for us. Customer Terms* 50% deposi efore start Balance upon completion 7J2° o service charge o aid balances over 30 days 1 Date: and returned to Jack's Custom Woodworking withep Wsit Santilli, Ray From: Boettcher, Rich Sent: Wednesday, March 30, 2011 10:42 AM To: Santilli, Ray Cc: Stanley, Richard Subject: FW: Message from KMBT_423 Attachments: Message from KMBT_423 Ray, Attached are three scanned copies of quotes for the completion of cabinets within the new police building. With the pricing over $5,000 and under #$24,999 the department is providing the necessary 3 quotes. Please move forward with providing a contract to the lowest quote, Mass Cabinets, Inc. Let me know when I am able to move forward with a purchase request to obtain a purchase order. The Chief wants to move forward with this as soon as possible so the work can be completed prior to the public open house in May. Rich B..... Richard C. Boettcher, RPL Director Administrative Services Division North Andover Police Department 1475 Osgood Street North Andover, MA. 01845 978-683-3168 Voice 978-686-1212 Fax email: rboettcher@napd.us -----Original Message ----- From: noreply a,townofiiorthandover.com Imailto:noreply@townofiiorthandover.com] Sent: Wednesday, March 30, 2011 11:29 AM To: Boettcher, Rich Subject: Message from KMBT_423 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. Santilli, Ray From: regulations@sec. state. ma. us on behalf of REGS@sec. state. ma. us Sent: Monday, April 04, 20112:26 PM To: Santilli, Ray Subject: Publish Date Assigned for General Contracts A publish date of 4/13/11 has been assigned to your General Contracts submission with description of: Furnish and install series of laminate base cabinets and laminate base countertops at the Police Station. 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. Request Official Wage Schedule 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. 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