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HomeMy WebLinkAboutContract #: 021138 - From: 12-31-2012 To: - H.D. Supply Waterworks - Town of North AndoverJ 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: 'A0 0 �61N0 O 9 eAAT[D r�P`�t5 9SgACHUSEt October 30, 2012 TEL (978) 688-9516 FAX (978) 688-9556 Enclosed please find for your review and approval three (3) original contracts, with accompanying documentation, between the Town of North Andover and H.D. Supply Waterworks to furnish and deliver ductile iron pipe per the Invitation for Bids issued on October 1, 2012. Thank you in advance for your attention to this matter. Sincerely, Raymond T. Santilli Assistant Town Manager Enclosures TOWN OF NORTH ANDOVER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Raymond T Santilli Assistant Town Manager Mr. Richard Madden Branch Manager H.D. Supply Waterworks 125 Stergis Way Dedham, MA 02026 Dear Mr. Madden: October 17, 2012 TEL (978) 688-9516 FAX (978) 688-9556 The Town of North Andover has decided to award a contract to H.D. Supply Waterworks to furnish and deliver 1,200 feet of twelve -inch Class 52 cement lined ductile iron pipe in accordance with the Invitation for Bids issued on October 1, 2012. Enclosed please find three (3) original standard Town of North Andover contracts for appropriate review and signature. Please return the signed contract documents and all required accompanying paperwork to my attention as soon as possible. If you have any questions and/or concerns, please call me. Sincerely, Raymond T. Santilli Assistant Town Manager Enclosures TOWN OF NORTH ANDOVER CONTRACT CONTRACT# DATE: This Contract is entered into on, or as of, this date by and between the Town of North Andover (the "Town"), and Contractor: H.D. Supply Waterworks Address: 125 Stergis Way Dedham, MA 02026 Telephone Number: 781-407-9133 Fax Number: 781-407-9134 This is a Contract for the procurement of the following: Furnish and deliver 1,200 feet of twelve -inch Class 52 cement lined ductile iron pipe per the Invitation for Bids dated October 1, 2012 2. The Contract price to be paid to the Contractor by the Town of North Andover is: $40,164 3. Payment will be made as follows: Upon delivery and receipt of invoice, net 30 4. Definitions: 4.1 Acceptance: All Contracts require proper acceptance of the described goods or services by the Town of North Andover. Proper acceptance shall be understood to include inspection of goods and certification of acceptable performance for services by authorized representatives of the Town to insure that the goods or services are complete and are as specified in the Contract. (Rev 5-2007) Contract by and between Town of North Andover and H.D. Supply Waterworks Page 1 J'' 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, 2012, unless extended pursuant to a provision for extension contained in the Contract documents at the sole discretion of the Town, and not subject to assent by the Contractor, and subject to the availability and appropriation of funds as certified by the Town Accountant. The time limits stated in the Contract documents are of the essence of the Contract. 6. Subject to Appropriation: Notwithstanding anything in the Contract documents to the contrary, any and all payments which the Town is required to make under this Contract shall be subject to appropriation or other availability of funds as certified by the Town Accountant. In the absence of appropriation, this Contract shall be immediately terminated without liability for damages, penalties or other charges. 7. Permits and Approvals: Permits, Licenses, Approvals and all other legal or administrative prerequisites to its performance of the Contract shall be secured and paid for by the Contractor. (Rev 5-2007) Contract by and between Town of North Andover and H.D. Supply Waterworks Page 2 SUPPLEMENT "G" 1. This form supplements the general provisions of the Contract between the Town of North Andover and H.D. Supply Waterworks, which Contract is a contract for the procurement of goods. 2. "Goods" shall mean Goods, Supplies, or Materials, as described in the Contract. 3. Change Orders: Change orders may not increase the contract price by more than twenty-five percent (25%), in compliance with General Laws Chapter 3013, § 13. 4. This Contract for purchase includes the following delivery, installation or setup requirements: Dated: The pipe is to be delivered to the intersection of Dale Street and Village Way in North Andover. The delivery will be coordinated with prior notice to the Public Works Operations Manager (978-685-0950). The company shall furnish all labor, equipment, and vehicles as required to deliver the pipe to the stated destination. THE TOWN OF NORTH ANDOVER Town Manager THE CONTRACTOR (Rev 5-2007) Supplement "G" to Contract between the Town of North Andover Page 1 and H.D. Supply Waterworks APPENDIX A - PRICE PROPOSAL The Contract will be awarded to the responsible, responsive bidder offering the lowest price for the products offered and delivered. Furnish and deliver 1,200 feet of twelve -inch Class 52 cement lined ductile iron pipe .5, f $ 33,'4r' P, 4 Fr Addenda 0 T'0-rn t 4'�o� are acknowledged: IA�AajAz7 Si a u e Business Name 14. ) S c) PP IV cel aT RLJoixS Business Address /01 S S ig,Qq P S QA4 �41J hid!y NO 0.202 Business Phone ZV- Vol- 913 3 Fax 7k1—Vo7- (7!341 73/C4't"� ptn ju ial Name of Person Authorized to sign Price Proposal Title,pf Person Authorized to sign Price Proposal HD SUPPLY WATERWORKS 125 STERGIS WAY DEDHAM, MA 02026 Ph # (781) 407 — 9133 Fax # (781) 407 — 9134 Town of North Andover IFB Ductile Iron Pipe Page 7 of 20 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 l' C h 4•J H14 D)tn! 9614k QY4, a S f Print Name & Title Date 0 A b SyPPq t 4ljfl"b 5 Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I R,u-1,) /1,1, D(,,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. )0- SignalAjV R).,x 6 I Date Town of North Andover IFB Ductile Iron Pipe Page 19 of 20 S f -FA IT aC4V4 CERTIFICATE OF VOTE At a duly authorized meeting the Board of Directors of the held on it was VOTED, THAT (Name) (Officer) of be and hereby is authorized to execute contracts and bonds in the name and on behalf of said , and affix its corporate seal hereto; and such execution of any contract or obligation in the name of on its behalf by such officer under seal of , shall be valid and binding upon that I hereby certify that I am the clerk of the above named and is the duly elected officer as above of said , and that the above vote has not been amended or rescinded and remains in full force and effect as the date of this contract. (Date) Town of North Andover IFB Ductile Iron Pipe (Clerk) Page 20 of 20 CERTIFICATE OF AUTHORITY (Branch Managers/District Managers) Name of Company: HD Supply Waterworks, Ltd., a Florida limited partnership Reference: Contracts, Bids and Related Matters Date: May 2, 2011 THE UNDERSIGNED DOES HEREBY CERTIFY that I am an Officer of HD Supply GP & Management, Inc., a Delaware corporation and the general partner of HD Supply Waterworks, Ltd., a Florida limited partnership; as the general partner, HD Supply GP & Management, Inc. is authorized to sign on behalf of HD Supply Waterworks, Ltd. As an Officer, I am authorized to make and deliver this certificate. I do hereby designate each of the Branch Managers and District Managers of HD Supply Waterworks, Ltd. as my designees, and authorize each of them acting either alone or together to execute and deliver, or cause to be executed and delivered, any and all bids and offers for furnishing materials and/or services, including related non -disclosure agreements, supply agreements, distributor agreements, purchase orders and similar agreements, provided that the annualized bid or contract price is not in excess of $400,000 (the "Documents"), and to take or cause to be taken any and all actions in connection therewith as such individual or Individuals may consider necessary or desirable, with such necessity or desirability being conclusively evidenced by the actions so taken. Further I hereby ratify and approve all previous actions taken with respect to the execution and delivery of such Documents in the name of and on behalf of the company. The authorization hereunder is effective as of the date hereof, and shall continue until the earlier of the undersigned's revocation of such authorization in writing, or the last date of the applicable employee's employment with the company. IN WITNESS WHEREOF, the undersigned has executed this instrument as of the 2"" day of May, 2011. GV(�" ebPr dentfer — HD Supply Waterworks a NOV. 27. 20(,6 10:13A1f CSC16175233189 NO, 4559 P. 3 tem Dqutrtwidt of Otatp 51 I certify from the rewrdS of Ills office that HUGHES WATER & SEWER, LTD, which changed its name to Hp SUPPLY WATERWORKS, LTD. on Wober 25, 2006 is a limited partnership organized Under the laws of the State of Florida, filed on November 22, 2D04. The document number of this limited partnership is A0400M1840. 1 further certify that said limited partnership has paid all fees due this office through December 31, 2006, and its status Is active. ME= (01-06) Clven under my hand and the Great Seal of the State of Florida at Tallahassee, the Capitol, this the Twenty-second day of November, 2006 MA SOC Filing Number: 200660459510 Date: 11/27/200610:01 AM THE COMMONWEALTH OF MASSACHUSETTS I hereby certify that, upon examination of this document, duly submitted to me, it appears that the provisions of the General Laws relative to corporations have been complied with, and I hereby approve said articles; and the filing fee having been paid, said articles are deemed to have been filed with me on: November 27, 200610:01 AM WILLIAM FRANCIS GALVIN Secretary of the Commonwealth 192892-1-0 I;OV. X1 ffg0: fjft Nu gj4gM(950510 Date: 11/27/200610:01 Ate . 4559 —T. z — - AMENDMENT TO APPLICATION FOR REGISTRATION OF A FOREIGN L1MiTED PARTNERSHIP To the Secretary of State Commonwealth of Massachusetts The undersigned, Jonathan M. Gottsegen, Assistant Secretary of the general partner of the foreign limited partnership hereinafter reamed, hereby certifies that: 1. The name of the foreign limited partnership is Hughes Water & Sewer, Ltd 2. The state of formation of said foreign limited partnership is Florida, 3. The statement in the Application forRogistration of said foreign limited partnership relating to the name of the limited partnership is hereby amended/cor=ted to read: The name of the limited partnership is; HD Supply Waterworks, Ltd. Signed on NovemberLk, 2006. HD Supply Crp & Management, Inc. General Partner nathan M. Goose n, Assi tart Secretary MA r.P P-!AMEMNt gNT M APPLICATION FOR REE-Z-IRATION OF A FOREIGN LP 03/01.1 (gu3) DEC.22.2004 5.24PM CSC6173678314 NAM Hhss GP & Management, Inc. DV31NBLSAD 'S One Hughes Way Orlando, FL 32805 NO. 8397 P. 4 6. The address of the principal office of the foreign limited partnership in the Commonwealth, if any, is NIA. 7. The name and address of the registered agent of the foreign limited partnership are Corporation Service Company, 84 State Street, Boston, Massachusetts 02109. 8. The address at which is kept a list of names and addresses of the limited partners and their contributions is One Hughes Way, Orlando, FL 32805. 9. The foreign limited partnership heraby undertakes to keep the records described in item 8 until its registration in the Commonwealth is cancelled. Dated: December, 2004 Hughes GP & Management, General Partner John P , Secretary of GP Sworn to before me thisp day of December„ 2004. U:2 % —�4 1 �jo Public Sta a of Florida County of Orange oo��.�y.9oor 000a�an.wrn �+arnr, HD Supply Waterworks 125 Stergis Way Dedham, MA 02026 Office: (781) 407-9133 Fax: (781)407-9134 BELOW IS A LIST OF SIX (6) REFERENCES: 1) P. GIOIOSO & SONS, INC. 50 SPRAGUE ST HYDEPARK MA 02136 Contact: LIZ MEERS Phone 617 364 5800 Fax 617 364 9462 2) TOWN OF NEEDHAM DPW WATER & SEWER DIV 500 DEDHAM AVE NEEDHAM MA 02492 Contact: JENNIFER CASEY Phone: 781455 7550 Fax # 781449 9023 3) CITY OF NEWTON MA 1000 COMMONWEALTH AVE NEWTON MA 02459 Contact: JENNIFER HILL Phone: 617 796 1220 Fax # 617 7961227 4) CITY OF QUINCY 55 SEA ST QUINCY MA 02169 Contact: Meredith A. Marini Phone: 851939 8227 Fax # 617 376 1956 5) CITY OF SOMERVILLE 17 FRANEY RD SOMERVILLE MA 02145 Contact: Orazio DeLuca Phone: 617 625 6600 Fax # 617 5917905 6) CITY OF BROCKTON WATER DEPT 39 MONTAUK RD BROCKTON MA 02301 Contact: Marty Feroli Jr. Phone: 508 580 7865 Fax # 508 580 7888 APPENDIX A - PRICE PROPOSAL The Contract will be awarded to the responsible, responsive bidder offering the lowest price for the products offered and delivered. Furnish and deliver 1,200 feet of twelve -inch Class 52 cement lined ductile iron pipe Addenda 6 are acknowledged: �c t'C._::� Signature PUTNAM PIPE CORP. Business Name 86 ELM STREET HOPKINTON, MA 01748 Business Address Business Phone foo -y3'- 30'0 Fax SOY - y35''S'372 Name of �) o v; � E Ycrfn oy► son Authorized to sign Price Proposal :?k -Ps jCAf Title of Person Authorized to sign Price Proposal )'V— (f. _t - Signature of Above Person Town of North Andover IFB Ductile Iron Pipe Page 7 of 20 CERTIFICATE OF VOTE At a duly authorized meeting the Board of Directors of the T",2 , held on r &%44" °I .2 0 // it was VOTED, THAT )14VI'Cl E Ba:h?gM Bi -ex 0/e17 I (Name) (Officer) Of Ft�111 T1 Pt OCR. be and hereby is authorized to execute contracts and bonds in the name and on behalf of said Co typo r a�i�on , and affix its corporate seal hereto; and such execution of any contract or obligation in the name of bas/1-d 717nger q on its behalf by such officer under seal of &-M0kb eve Corp. , shall be valid and binding upon .St I hereby certify that I am the clerk of the above named r r ,fie and that �AV, w4247M 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 20 of 20 Ductile Iron Pipe 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 _P—===� )14V1"d &I-. ?K-fngm Print Name & Title Date D e p- Pie CA -P, Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I )AVIV �• �--u-hw" , authorized signatory for f� � /'7�'�e Ca . 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. � ,� dc -H.- . /)L, 2 0/,2 Signatu e � ' Date Town of North Andover IFB Ductile Iron Pipe Page 19 of 20 16 APPENDIX A - PRICE PROPOSAL The Contract will be awarded to the responsible, responsive bidder offering the lowest price for the products offered and delivered. Furnish and deliver 1,200 feet of twelve -inch Class 52 cement lined ductile iron pipe V-1 $ ��, 5a Addenda QKQ, are acknowledged: 0— " i)� ignature Business Name rp Business Address / City (- '24 : +"I 1D✓1d k lk ©3)7 -- Business Phone �G3 - `YQS -Z % oZ Fax 6OS - ya 54 'o Uem6kos k Name of Person Authorized to sign Price Proposal es' Person Authori�we�o sign Price Proposal of Above Person Town of North Andover IFB Ductile Iron Pipe Page 7 of 20 SECRETARIAL CERTIFICATE OF AUTHORIZATION The undersigned Assistant Secretary of Ferguson Enterprises, Inc., a Virginia corporation (the "Corporation"), hereby certifies that: i) certain of the Corporation's facilities in Massachusetts are doing business as Ferguson Enterprises, Inc. d/b/a Ferguson Waterworks, and ii) Nicholas Kendrick is Operations Manager in Massachusetts and iii) that the resolutions adopted by the Corporation's Board of Directors effective July 31, 2012, duly authorize certain of the Corporation's officers, including the Assistant Secretary, to designate, and I hereby do so designate Nicholas Kendrick as an authorized representative of the Corporation to act for and on behalf of the Corporation to prepare and submit bids and proposals to the Town of North Andover, to enter into contracts, agreements or other documents, and to execute such documents and undertake all such acts as may be deemed in the best interest of the Corporation, including the execution of bonds and in doing so, to contractually bind the Corporation. Unless withdrawn sooner, this certification of authorization shall be effective until July 31, 2013. Dated: October 15, 2012 ���`��5�.:•. rERA+`' FERGUSON ENTERPRISES, INC. S.,* lQb OPO.9C9 e LU '" • cit ` .. � By: SEAL • ,' Davi . Meeker, Assistant Secretary Commonwealth of Virginia ) City of Newport News ) Sworn to subscribed and acknowledged before David N. Meeker, personally known to me, in his c aci Enterprises, Inc., a Virginia corporation, on behalf W My commission expires: 09/30/2013 of October, 2012, by ,eQetary of Ferguson P. Austin a` AQ11?` FtY P Ski `To MY�n2 COMLOSSION 0. NWBEF c 208336 \rj 4� 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 - M, �en��-GIG Crcc��n5 /�nSG' Print Name & Title Date /D l� e 9 `Br -) L -c s op, L-Vt4i Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I P(,&e I-al-2C� r��'�C , authorized signatory for ter f 5on LJ LJ Name of individual J Name of contractor do hereby certify under the pains and penalties of perjury that said contractor has complied with all laws of the Commonwealth of Massachusetts, and the Town of North Andover, relating to taxes, permit or other fees, reporting of employees and contractors, and withholding and remitting child support. /1 Si na re Date Town of North Andover IFB Ductile Iron Pipe Page 19 of 20 FERGUSON WATERWORKS #593 ZFERGUSON® ONE CHESTER ROAD Deliver To: RAYMOND, NH 03077 From: David R Dembkoski Watff works Comments: 12:14:35 OCT 12 2012 Bid No.......: B159616 Bid Date....: 10/12/12 Quoted By.: DRD Customer. TOWN OF NORTH ANDOVER 120 MAIN STREET N ANDOVER, MA 01845 CUSt PO# ... : REQUESTED Item Description DUCTILE IRON PIPE 2012: D152SJP12 12 CL52 DI SJ PIPE FERGUSON ENTERPRISES, INC. FERGUSON WATERWORKS #590 Price Quotation Phone: 603-895-2282 Fax :603-895-4254 Page # 1 Net Total: $48528.00 Tax: $0.00 Freight: $0,00 Total: $48528.00 Quoted prices are based upon receipt of the total quantity for immediate shipment (48 hours). SHIPMENTS BEYOND 48 HOURS SHALL BE AT THE PRICE IN EFFECT AT TIME OF SHIPMENT UNLESS NOTED OTHERWISE. Seller not responsible for delays, lack of product or increase of pricing due to causes beyond our control, and/or based upon Local, State and Federal laws governing type of products that can be sold or put into commerce. This quote is offered contingent upon the buyer's acceptance of Seller's terms and conditions, which are incorporated by reference and found either following this document, or on the web at http://wolseleyna.com/terms_conditionssale.html. Govt Buyers: All items are open market unless noted otherwise. ��,vi�l �m6ko�k CUSP Phone: 978-688-9516 Terms........: CASH ON DEMAND Ship TO: TOWN OF NORTH ANDOVER 120 MAIN STREET N ANDOVER, MA 01845 .lob Name: DUCTILE IRON PIPE: Quantity Net Price UM Total 1200 40.440 FT 48528.00 Net Total: $48528.00 Tax: $0.00 Freight: $0,00 Total: $48528.00 Quoted prices are based upon receipt of the total quantity for immediate shipment (48 hours). SHIPMENTS BEYOND 48 HOURS SHALL BE AT THE PRICE IN EFFECT AT TIME OF SHIPMENT UNLESS NOTED OTHERWISE. Seller not responsible for delays, lack of product or increase of pricing due to causes beyond our control, and/or based upon Local, State and Federal laws governing type of products that can be sold or put into commerce. This quote is offered contingent upon the buyer's acceptance of Seller's terms and conditions, which are incorporated by reference and found either following this document, or on the web at http://wolseleyna.com/terms_conditionssale.html. Govt Buyers: All items are open market unless noted otherwise. ��,vi�l �m6ko�k a APPENDIX A - PRICE PROPOSAL The Contract will be awarded to the responsible, responsive bidder offering the lowest price for the products offered and delivered. Furnish and deliver 1,200 feet of twelve -inch Class 52 cement lined ductile iron pipe $ y 10 20.06 ,*L(o`SY, Addenda ►J'6f.(0--' are acknowledged: Pw Si at r Business Name Cl iZ� 5� d� S� S 1NG Business Address 16S � rCuJW- 37• tj6ST -suyLSwr,�, tjA Business Phone 5 0 6 8 3s, Lt y,3 i Fax S 0 6 &;3(5' L9 26 Name of Person Authorized to sign Price Proposal _P2�-SIDE1-4T Title of Signature Town of North Andover IFB Ductile Iron Pipe rnce rroposai Page 7 of 20 CERTIFICATE OF VOTE At a duly authorized meeting the Board of Directors of the N , f-. Pak'� UfT[ t 5f held on tiE-(- 31, 2-011 it was VOTED, THAT �442 UES- 'PERI R,46 (Name) �21751��'G (Officer) of 1l.Q-- P2�,5�'�G�c i" be and hereby is authorized to execute contracts and bonds in the name and on behalf of said PMS"1LASPS. 2HL , and affix its corporate seal hereto; and such execution of any contract or obligation in the name of A , o-., PIW,56 i'1460TS, Me- on its behalf by such officer under seal of [4 fL fa6l;,-M } fM s l,"10- , shall be valid and binding upon W a-- P",Sc a7 t 541.5 lwe-. I hereby certify that I am the clerk of the above named � -P- - PA6-S '&I" y NL and that Sow& W P&U11- is the duly elected officer as above of said A'R--? ("-'54M'tWS�M, 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 Ductile Iron Pipe (Clerk) Page 20 of 20 A CERTIFICATIONS CERTIFICATE OF NON -COLLUSION The undersigned certifies under penalties of perjury that this bid or proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word "person" shall mean natural person, business, partnership, corporation, committee, union, club or other organization, entity, or group of individuals. Signature, Print Name & Title Date la !L12— kA, R , -PkkS cd --TT t 36WI l N� Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I SAM"Id— w ��R-� , authorized signatory for WA, I R654CM t 6OKS i"Ve- 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. Sig ture Date Town of North Andover IFB Ductile Iron Pipe Page 19 of 20 APPENDIX A - PRICE PROPOSAL The Contract will be awarded to the responsible, responsive bidder offering the lowest price for the products offered and delivered. Furnish and deliver 1,200 feet of twelve -inch Class 52 cement lined ductile iron pipe Addenda N/A s 50 0140.V are acknowledged: 4 Signature Business Name T. Prc-tc, 4H- . L . Business Address &L N • A-fe. 1Aj, /ti A . p J4V q Business Phone 57Y -717-273Y Fax f 7,V- 7 7 Y- 3Yr3 Name of Person Authorized to sign Price Proposal iJ;Val,�A /"t Title of Person Auth( /W of Town of North Andover IFB Ductile Iron Pipe to sign Price Proposal Page 7 of 20 i CERTIFICATE OF VOTE At a duly authorized meeting the Board of Directors of the held on it was VOTED, THAT (Name) -W- StG CtW4vQ '� (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 Ductile Iron Pipe (Clerk) Page 20 of 20 `r - CERTIFICATE OF AUTHORITY As a result of action taken by unanimous written consent of the Directors of Everett J. Prescott, Inc. (the "Corporation") on August 17, 2012, it was voted that Steven W. Zanni, Division Manager in Middleton, Massachusetts, of Everett J. Prescott, Inc. be and he hereby is authorized to execute bids, contracts, documents and bonds in the name of and on behalf of the Corporation, and such execution of any contract or obligation in this Corporation's name on its behalf by such Division Manager shall be valid and binding upon this Corporation. I hereby certify that I am the Clerk of Everett J. Prescott, Inc., that, Steven W. Zanni is the duly appointed Division Manager of the Company, and the above vote has not been amended or rescinded and remains in full force and effect as of the date of this certificate. Dated: August 17, 2012 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 /0 `►f " �l Ski r__ w • Atc. Z --,S . PrTjV, . 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 4-_,T Ae/t.�t, Name of individual Name of contractor do hereby certify under the pains and penalties of perjury that said contractor has complied with all laws of the Commonwealth of Massachusetts, and the Town of North Andover, relating to taxes, permit or other fees, reporting of employees and contractors, and withholding and remitting child support. A A,✓ T -,4 Signature Town of North Andover IFB Ductile Iron Pipe /D IS- /;?- Date Page 19 of 20 TOWN OF NORTH ANDOVER Contact Address Telephone Number: Fax Number: Email INVITATION FOR BIDS DUCTILE IRON PIPE October 1, 2012 Ray Santilli Assistant Town Manager 120 Main Street North Andover, MA 01845 978-688-9516 978-688-9556 rsantilli@townofnorthandover.com Table of Contents 1. Introduction........................................................... 3 2. Submission Deadline and Instructions ............................. 3 3. Questions, Addendum or Proposal Modifications ............... 4 4. Minimum Requirements ............................................. 5 5. Estimated Quantities ................................................. 5 6. Scope of Services ..................................................... 5 7. Evaluation of Bids .................................................... 6 8. Term of Contract...................................................... 6 Appendix A — Bid Submission ......................................... 7 Standard Town of North Andover Contract With Supplement«G".............................................. 9 Certifications............................................................ 20 Town of North Andover IFB Page 2 of 20 Ductile Iron Pipe 1. Introduction The Town of North Andover (`Town') is soliciting bids from qualified companies to furnish and deliver ductile iron pipe for the Department of Public Works. Qualified companies are requested to submit bids to the Assistant Town Manager at North Andover Town Hall, 120 Main Street, North Andover, MA, in accordance with the instructions contained within this Invitation for Bids. Notice of this IFB is published in the Goods and Services Bulletin, which is a weekly publication of the Office of the Secretary of State, the Eagle -Tribune (a newspaper of general circulation) and posted on the Town website (www.townofnorthandover.com) under "Bids, Quotes and Proposals". The Town will accept proposals delivered in person or by mail. All proposals must be received by 2:00 p.m. on Tuesday, October 16, 2012 to be considered. Proposals submitted by fax or by electronic mail will not be considered. All proposals must be submitted to: Mr. Ray Santilli, Assistant Town Manager North Andover Town Hall 120 Main Street North Andover, MA 01845 The Town of North Andover may cancel this IFB or reject in whole or in part any and all proposals, if they determine that cancellation or rejection serves the best interest of the Town of North Andover. 2. Submission Deadline and Instructions Qualified companies are requested to submit the pricing proposal sheet (Appendix A) in a sealed envelope marked "Ductile Iron Pipe" with the applicant's name and address on the front. Applicants should provide one (1) signed original proposal. Fax or electronic submissions will not be accepted. Applicants must also execute and include in the sealed submission the Certificate of Vote, Certificate of Non -Collusion, and the Certificate of Tax Compliance. The Town of North Andover, through the Town Manager, is the awarding authority and reserves the right to reject any and all proposals or parts of proposals; to waive any defects, information, and minor irregularities; to accept exceptions to these specifications; and to award contracts or to cancel this Invitation for Bids if it is in the Town of North Andover's best interest to do so. Proposals must be signed as follows: a) if the bidder is an individual, by her/him personally; b) if the bidder is a partnership, by the name of the partnership, followed by the signature of each general partner; and c) if the bidder is a corporation, by the authorized officer, whose signature must be attested to by the Clerk/Secretary of the corporation and the corporate seal affixed. All sealed proposals must be received and registered by the Assistant Town Manager's office by Tuesday, October 16, 2012 at 2:00 p.m. All outer envelopes must be labeled "Ductile Iron Pipe" and mailed or hand delivered to the following address: Town of North Andover IFB Page 3 of 20 Ductile Iron Pipe Mr. Ray Santilli, Assistant Town Manager North Andover Town Hall 120 Main Street North Andover, MA 01845 No proposals will be accepted after the time and date noted. Late delivery of materials due to any type of delivery system shall be cause for rejection. If on the date and time of the submittal deadline the North Andover Town Hall is closed due to an uncontrolled event such as fire, snow, ice, wind or building evacuation, the submittal deadline will be postponed until 2:00 p.m. on the next normal business day. 3. Questions, Addendum or Proposal Modification Questions concerning this IFB must be submitted in writing to: Mr. Ray Santilli, Assistant Town Manager, 120 Main Street North Andover, MA 01845, or they may be emailed to Mr. Santilli at rsantilli@townofnorthandover.com. All questions/inquiries must be received by 4:30 p.m. on Tuesday, October 9, 2012 to be considered. Questions/inquiries may be delivered, mailed, emailed or faxed. Written responses will be posted on the Town's website (www.townofnorthandover.com) in "Available Bids, Quotes and Proposals" by Thursday, October 11, 2012 at 2:00 p.m. If any changes are made to this IFB, an addendum will be posted on the Town's website in "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. Bidders may contact the Contact Person for this IFB in the event this IFB is incomplete or the bidder is having trouble obtaining any part of the IFB electronically through the Town website (www.townofnorthandover.com), including, and without limitation the form and attachments. Town of North Andover IFB Page 4 of 20 Ductile Iron Pipe Bidder with disabilities or hardships that seek reasonable accommodations, which may include the receipt of IFB information and/or addenda and/or modifications in an alternative format, must communicate such requests in writing to the contact person, and reasonable accommodation will be made by agreement with the contact person on behalf of the Town of North Andover. 4. Specifications The Town is seeking to purchase 1,200 feet of twelve -inch Class 52 cement lined ductile iron pipe. The ductile iron pipe shall be twelve -inch diameter and be designed in accordance with AWWA C150 and shall be manufactured in accordance with AWWA C151. The pipe thickness shall be Class 52. Pipe joints shall be push -on type and conform to AWWA C111. The inside of the pipe shall be given a cement lining and asphaltic coating in accordance with AWWA C104. The thickness of the lining shall be double that specified in AWWA C104. The outside of the pipe shall be coated with standard asphaltic coating specified under the appropriate AWWA Standard Specification for pipe and fittings. Machined surfaces shall be cleaned and coated with a suitable rust preventative coating at the shop immediately after being machined. The pipe is to be delivered to the intersection of Dale Street and Village Way in North Andover. The delivery will be coordinated with prior notice to the Public Works Operations Manager (978-685-0950). The company shall furnish all labor, equipment, and vehicles as required to deliver the pipe to the stated destination. Delivery is required no later than Monday, November 5, 2012. Price quoted shall include delivery. 5. Evaluation of Bids Bids will first be examined for their responsiveness to what is requested in this IFB. Responsibility of the bidder will then be ascertained. Finally, the aggregate price for the products offered and installed by each responsive and responsible bidder will be calculated for the period of the proposed contract. The Town is required to award the contract to the lowest responsive responsible bidder. ■ Responsiveness Bidders must completely fill out and submit the bid form and all other required forms. All supplies and services that are the subject of the bid must meet the minimum standards and Specifications set forth in the scope of services including the standards by which the procurement officer will determine acceptability as to quality, workmanship, results of inspections and tests, and suitability for a particular purpose. ■ Responsibility Bidders must demonstrate that they meet the following measures of responsibility. The Town will not award a contract to any bidder who cannot furnish satisfactory evidence of his ability and experience in this type of work and that he has sufficient plant and capital to enable him to prosecute and complete the work as outlined in the Specifications. The Town of North Andover IFB Page 5 of 20 Ductile Iron Pipe 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. 11. Term of Contract The successful bidder will be required to execute the standard Town of North Andover contract and the appropriate supplement as attached. Town of North Andover IFB Page 6 of 20 Ductile Iron Pipe APPENDIX A - PRICE PROPOSAL The Contract will be awarded to the responsible, responsive bidder offering the lowest price for the products offered and delivered. Furnish and deliver 1,200 feet of twelve -inch Class 52 cement lined ductile iron pipe Addenda Business Name Business Address Business Phone are acknowledged: Signature Fax Name of Person Authorized to sign Price Proposal Title of Person Authorized to sign Price Proposal Signature of Above Person Town of North Andover IFB Page 7 of 20 Ductile Iron Pipe Town of North Andover CONTRACT CONTRACT# DATE: This Contract is entered into on, or as of, this date by and between the Town of North Andover (the "Town"), and Contractor: Address: Telephone Number: _ Fax Number: 1. This is a Contract for the procurement of the following: 2. The Contract price to be paid to the Contractor by the Town of North Andover is: 3. Payment will be made as follows: 4. Definitions: 4.1 Acceptance: All Contracts require proper acceptance of the described goods or services by the Town of North Andover. Proper acceptance shall be understood to include inspection of goods and certification of acceptable performance for services by authorized representatives of the Town to insure that the goods or services are complete and are as specified in the Contract. Town of North Andover IFB Page 8 of 20 Ductile Iron Pipe 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 9 of 20 Ductile Iron Pipe 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 10 of 20 Ductile Iron Pipe 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 11 of 20 Ductile Iron Pipe 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. Assi ng_ment: 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 12 of 20 Ductile Iron Pipe 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 13 of 20 Ductile Iron Pipe The Contractor shall furnish to the Town evidence of such insurance prior to the execution of this Contract before the same shall be binding on the parties thereto, except if specifically waived by the Town. 20. Documents, Materials, Etc. Any materials, reports, information, data, etc. given to or prepared or assembled by the Contractor under this Contract are to be kept confidential and shall not be made available to any individual or organization by the Contractor (except agents, servants, or employees of the Contractor) without the prior written approval of the Town, except as otherwise required by law. The Contractor shall comply with the provisions Chapter 66A of the General Laws of Massachusetts as it relates to public documents, and all other state and federal laws and regulations relating to confidentiality, security, privacy and use of confidential data. Any materials produced in whole or in part under this Contract shall not be subject to copyright, except by the Town, in the United States or any other country. The Town shall have unrestricted authority to, without payment of any royalty, commission, or additional fee of any type or nature, publicly disclose, reproduce, distribute and otherwise use, and authorize others to use, in whole or in part, any reports, data or other materials prepared under this Contract. All data, reports, programs, software, equipment, furnishings, and any other documentation or product paid for by the Town shall vest in the Town at the termination of this Contract. The Contractor shall at all times, during or after termination of this Contract, obtain the prior written approval of the Town before making any statement bearing on the work performed or data collected under this Contract to the press or issues any material for publication through any medium. 21. Audit, Inspection and Recordkeeping At any time during normal business hours, and as often as the Town may deem it reasonably necessary, there shall be available in the office of the Contractor for the purpose of audit, examination, and/or to make excerpts or transcript all records, contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 22. Payment The Town agrees to make all reasonable efforts to pay to the Contractor the sum set forth in the Contractor's bid or proposal within thirty (30) days of receipt of an invoice detailing the work completed and acceptance from the Town of the work completed. Town of North Andover IFB Page 14 of 20 Ductile Iron Pipe 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 15 of 20 Ductile Iron Pipe 28. Supplemental Conditions: The foregoing provisions apply to all contracts to which the Town of North Andover shall be a party. One of the following "Supplements" must be "checked" as applicable to this Contract, shall be attached hereto, and shall in any event apply as the nature of the Contract requires. The Supplement contains additional terms governing the Contract: [ X ] GOODS SUPPLEMENT "G" - Applicable to Contracts for the procurement of Goods (governed by the provisions of General Laws Chapter 3013) [ ] SERVICES SUPPLEMENT "S" - Applicable to Contracts for the procurement of Services (governed by the provisions of General Laws Chapter 3013) [ ] CONSTRUCTION SUPPLEMENT "C" - Applicable to Contracts for Construction Town of North Andover IFB Page 16 of 20 Ductile Iron Pipe 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 APPROVED AS TO FORM: Town Counsel Date Date THE CONTRACTOR Company Name Signature Print Name & Title CERTIFICATION AS TO AVAILABILITY OF FUNDS: Town Accountant Town of North Andover IFB Ductile Iron Pipe Date Date Page 17 of 20 SUPPLEMENT "G" 1. This form supplements the general provisions of the Contract between the Town of North Andover and , which Contract is a contract for the procurement of goods. 2. "Goods" shall mean Goods, Supplies, or Materials, as described in the Contract. 3. Change Orders: Change orders may not increase the contract price by more than twenty-five percent (25%), in compliance with General Laws Chapter 3013, §13. 4. This Contract for purchase includes the following delivery, installation or setup requirements: Dated: a. Delivery to the Department of Public Works yard located at 384 Osgood Street, North Andover, MA 01845 b. Delivery is required no later than Monday, November 5, 2012 TOWN OF NORTH ANDOVER wo Town Manager THE CONTRACTOR Town of North Andover IFB Page 18 of 20 Ductile Iron Pipe 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 Ductile Iron Pipe Date Page 19 of 20 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 20 of 20 Ductile Iron Pipe Santilli, Ray From: REGS@sec. state. ma. us Sent: Thursday, September 20, 2012 10:42 AM To: Santilli, Ray Subject: Publish Date Assigned to Goods and Services A publish date of 10/1/12 has been assigned to your Goods and Services submission with description of: The Town is seeking to purchase 1,200 feet of ductile iron pipe to be delivered to the Public Works Department. Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records. For more information please refer to: http://www.sec.state.ma.us/pre/preidx.htm. Please consider the environment before printing this email. SPR Goods and Services Submit Confirmation State Publications and 'Regulation William Francis Galvin, Secretary of the Commonwealth Page 1 of 1 The following Goods and Services submission was successfully received. Planned date of publish is 10/1/2012 Awarding Agency Agency Name and Address: Town of North Andover 120 Main Street North Andover, MA 01845 Bid Number: Contact Information Name: Ray Santilli Title: IlAssistant Town Manager Phone: 978-688-9516 r Fax 978-688-9556 Email Address: rsantilli(atownofnorthandover.com Notify email address listed when final publish date assigned. Address: (if different from above) Description The Town is seeking to purchase 1,200 feet of ductile iron pine to be delivered to Public Works Department Contract Information Estimated Rate Bid Release Date 10/01/2012 Duration Release Time 11:00 a.m. Bid Deadline Date 10/16/2012 Deadline Time 2:00 p.m. Additional Information The complete Invitation for Bids document will be available on Monday, October 1, 2012 at 11:00 a.m. at www.townofnorthandover.com by clicking on 'Bids, Quotes and Proposals' This page can be printed for your records. Add Another Return To Menu http://www.sec.state.ma.us/sprpublicforms/GSSubmitConfirmation.aspx?ID=53533 9/20/2012 Santilli, Ray From: Willett, Tim Sent: Thursday, September 20, 2012 9:21 AM To: Santilli, Ray Cc: Thibodeau, Bruce Subject: pipe bid Attachments: CLDI Pipe Specification. doc Hi Ray, DPW wishes to purchase 1,200 feet of twelve -inch ductile iron water main pipe for a project. The cost is expected to be at least $30,000, meaning we have to advertise. Attached is the specification for the pipe. This should be a lump sum bid. We would like to install the pipe this fall if possible. Can you put it out to bid for us? Timothy Willett Operations Manager North Andover Public Works 384 Osgood Street North Andover, MA 01845 Phone 978.685.0950 Fax 978.688.9573 Email twillett@townofnorthandover.com Web www.TownofNorthAndover.com Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records. For more information please refer to: http://www.sec.state.ma.us/pre/preidx.htm, Please consider the environment before printing this email. Specification —Twelve -inch Class 52 Cement Lined Ductile Iron Pipe The ductile iron pipe shall be twelve -inch diameter and be designed in accordance with AWWA C150 and shall be manufactured in accordance with AWWA C151. The pipe thickness shall be Class 52. Pipe joints shall be push -on type and conform to AWWA C111. The inside of the pipe shall be given a cement lining and asphaltic coating in accordance with AWWA C104. The thickness of the lining shall be double that specified in AWWA C104. The outside of the pipe shall be coated with standard asphaltic coating specified under the appropriate AWWA Standard Specification for pipe and fittings. Machined surfaces shall be cleaned and coated with a suitable rust preventative coating at the shop immediately after being machined. The total length of the pipe shall be 1,200 feet.