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HomeMy WebLinkAboutContract #: 004029 - From: To: - Exception - ExceptionSchool Department Administration Building North Andover, MA FORM OF GENERAL BID "Ood 64A r"C. k Kang Associates, Inc. January 2, 2014 To the Awarding Authority: A. The undersigned proposes to furnish all labor and materials required for the School Department Administration Building, North Andover, Massachusetts, in accordance with the accompanying plans and specifications prepared by Kang Associates, Inc. for the contract price specified below, subject to additions and deductions according to the terms of the specifications. B. This bid includes addenda numbered L;; 3 C. The proposed contract price is: -f WP Alwoo fiN0 -I%NaZ T(WEN f�(�Ibl V dollars ($ ��Z �/��d' ). For Alternate #1: Deduct $ �1%� -T u��y dollars ($ 6, For Alternate #2: Deduct $ N I (JMVaA dollars ($ 1 D A ��f%• ). For Alternate #3: Deduct $ TY,Q -11-61!�V dollars ($ 24 For Alternate #4: Deduct $ � ffiDU'i"P dollars ($ % ). For Alternate #5: Deduct $ 0QWVU4 � dollars ($ D. The subdivision of the proposed contract price is as follows: Item 1. The work of the general contractor, being all work other than that covered by Item 2: Item 2. Sub -bids as follows: Bond req'd Sub -trade Name of Sub -Bidder Amount Yes/No Mason 04.21.1 Brick Masonry 04.72.00 Cast Stone Masonry LArL $ 99, Qoo `(�5 Roofing 07.31.13 Asphalt Shingles MOM ''+' 000, yc� 07.53.00 Elastomenc Membrane Roofing $ 09.51.23 Acoustical Tile Ceilings K � K $ ((o/� iE5 FORM OF GENERAL BID - 1 011 School Department Administration Building Kang Associates, Inc. North Andover, MA January 2, 2014 09.90.00 Painting and Coating7iiL1�Fi $ 14.42.16 Vertical Wheelchair Lifts LAC $/ Division 21 Fire Protection Q.?i� $ t oat" Division 22 Plumbing LVAIJ $ 581 OGO • Division 23 HVAC AVOW wj $ X 000 • Division 26 Electrical Division 28 Fire Alarm �f 1-19f �Q�• $ `(�j Total of Item 2: $ E. The undersigned agrees that, if he is selected as general contractor, he will within five days, Saturdays, Sundays and legal holidays excluded, after presentation thereof by the awarding authority, execute a contract in accordance with the terms of this bid and furnish a performance bond and also a labor and materials or payment bond, each of a surety company qualified to do business under the laws of the commonwealth and satisfactory to the awarding authority and each in the sum of the contract price, the premiums for which are to be paid by the general contractor and are included in the contract price; provided, however, that if there is more than 1 surety company, the surety companies shall be jointly and severally liable. The undersigned hereby certifies that he is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed on the work; that all employees to be employed at the worksite will have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health Administration that is at least 10 hours in duration at the time the employee begins work and who shall furnish documentation of successful completion of said course with the first certified payroll report for each employee; and that he will comply fully with all laws and regulations applicable to awards made subject to section 44A. The undersigned further certifies under the penalties of perjury that this bid is in all respects bona fide, fair and made without collusion or fraud with any other person. As used in this subsection the word "person" shall mean any natural person, joint venture, partnership, corporation or other business or legal entity. The undersigned further certifies under penalty of perjury that the said undersigned is not presently debarred from doing public construction work in the commonwealth under the provisions of section twenty-nine F of chapter twenty-nine, or any other applicable debarment provisions of any other chapter of the General Laws or any rule or regulation promulgated thereunder. vu�O� ZCl'I�4- WNWOoD 4W► 7'f1 g6TIe+? LL -C Date (dame of General Bidder) By: — Signature and Title of Person Signing Bid �oS�H 2/ ` 1 A04TV-A -C- Av . , �w WE� 3 770 Business Address WO OKA t?,ry , M A 0 115 o l City and State FORM OF GENERAL BID - 2 a School Department Administration Building North Andover, MA GENERAL BIDDER'S CHECKLIST: Addenda Recognized V/ Bid Deposit /Certificate of Corporate Bidder DCAM Eligibility Update Statement Certificate of Non -Collusion and Certificate of Tax Compliance Certification of Labor Harmony and OSHA Training Requirements FORM OF GENERAL BID - 3 Kang Associates, Inc. January 2, 2014 r' e-�--;_ �.., The COIl11I201? vealth of Massachusetts ExecutiveQf CC', �OI':�Clll?I/11.5'//Yt/1017 and Finance Division of Capilal Asset illcnage111ent and i aintenance Onc Ashburton Ptircc Boston, Rlnssachusclts 02108 GLEN SHOR DEVAL L. PATRICK _ GOVERNOR Tek (01 /) 7 2.7-zIO5 l SECRETARY. ADMINISTRATION & FlidANCE Fax. (0171) 727-536; TlieiOTHY P. IvIURRAY CAROLE CORNELISON LIEUTENANT GOVERNOR COf-.,1, iISSIONER Prime/General Certificate of Contractor Eligibility CONTRACTOR IDENTIFICATION NUMBER: 2192 This Certificate Shall Be Used for Submitting Prime/General Bids Only 1. CERTIFICATION PERIOD: This Certificate is valid from 6/30/2013 to 6/30/2014 2. CONTRACTOR'S NAME: Linwood Construction, LLC 3. CONTRACTOR'S ADDRESS: 331 Montvale Ave., Suite 330, Woburn, MA 01801 4. WORK CATEGORIES: This Contractor is certified to file bids under Massachusetts General Lays Chapter 149, Alarm Systems Asbestos Removal Deleading Demolition Doors &, Windows Electrical Electronic Security Systems Chapter 149A and Chapter 25A in the folio« ing checked Categories of Work: Elevators Energy ?v4anagement Systems Exterior Siding Fire Protection Sprinkler Systems Floor Covering General Building Construction Historical Building Restoration Historical \4asonr Historical Painting Historical Roofing HVAC -- Masom�f Mechanical Systems Modular Construction,Prefab 5. EVALUATIONS: Number of Projects Evaluated: 13 Average Project Evaluation Rating: 89 Number of Projects Below Passing Score: 1 Painting Plumbing Pumping Stations l2oofin� Sewage S WaterTrcatment Plants Telecommunication Svstenis Waterproofing 6. PROJECT LIMITS: Single Project Limit (SPL): 52,670,000.00 Aggregate work Limit (ANN11): 511,439,000.00 General Building Construction Limit: 525670,000.00 7. SUPPLIER DIV TY OFFICE CERTIFICATION: N/A Tar t Grigsby, G neral Counsel, fo • Carole J. Corn lison. Commissioner S-/1 fl,-, Vr3 Approval Date NOTE TO CONTRACTORS: Complete Applications for Renewal of Contractor Eligibility are due no later than three months PRIOR to the Expiration Date of the Certification Period shown above. Failure to submit Completed Applications timely may result in a gap in Certification or a lapse in Certification altogether for your company. �%� Reviewer's Initials ^ School Department Administration Building Kang Associates, Inc. North Andover, MA January 2, 2014 CERTIFICATE OF CORPORATE BIDDER certify that I am the am<- of the corporation named as Bidder in the Bid Form, and that �oS�PN Iy4�iU�1li who signed the Bid Form on behalf of the Bidder was then the of said corporation and that I know his signature; that his signature thereto is genuine and that the Bid Form was duly signed, sealed and executed for and in behalf of said corporation by authority of its governing body. Corporate Seal �9ecretary-Clerk -'Wpk rvoIa JAvuAa--( 34, -;zei4 Date CORPORATE BIDDER - 1 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. Jh Ze V Signature Date SAN IR*N No�L)O RA , fl Ze� U Nwoop 49N4MUM6V4 LLC - Print Name & Title Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, /Section 49A (b), I NOEI iI , authorized signatory for L1OW0017 &NS�V470Li.(, Name o 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. P, 411� Si ature log" NmveirzA, FV*5)CEKrr JA1Vu A 2�-( __3 191 ZO I+ Date A, CERTIFICATION LABOR HARMONY AND OSHA TRAINING REQUIREMENTS The undersigned certifies under penalties of perjury that he is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed at the work and that all employees to be employed at the worksite and in the work will have completed an OSHA -approved construction safety and health course lasting at least ten (10) hours. Signature Date �ANVA12:,--f 30, 105r'p� N#!C VERA, j 31 1vr I -f N W 00th LLC_ Print Name & Title Company Name BID BOND Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA. 19462-1644 Ph. (610) 832-8240 KNOW ALL MEN BY THESE PRESENTS that we Linwood Construction, LLC 331 Montvale Ave Suite 300 Woburn MA 01801 , as principal (the "Principal'), and LIBERTY MUTUAL INSURANCE COMPANY, a Massachusetts stock insurance company, as surety (the "Surety"), are held and firmly bound unto Town of North Andover 120 Main Street North Andover, MA 01845 , as obligee (the "Obligee"), in the penal sum of Five Percent of Amount of Bid Dollars ( ----5%---- ), 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 - School Department Adminstration Building NOW, THEREFORE, if the Obligee shall accept the bid of the Principal within the period specified therein, or, if no period be specified, within sixty (60) days after opening, 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, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference in money not to exceed the penal sum 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. In no event shall the liability hereunder exceed the penal sum thereof. PROVIDED AND SUBJECT TO THE CONDITION PRECEDENT, that any claim by Obligee under this bond must be submitted in writing by registered mail, to the attention of the Surety Law Department at the address above, within 120 days of the date of this bond. Any suit under this bond must be instituted before the expiration of one (1) year from the date of this bond. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall apply. DATED as of this 30th day of January , 2014 WITS / ATTEST F v LMIC-5000 Linwood Construction, LLC (Pr' ip I14� By: (Seal) a e: Jr Title: LIBERTY MUTUAL INSURANCE COMPANY (Surety) By: (Seal) N han J. Carfone orney-in-Fact Rev. 03/04 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power orAfforney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 8297277 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and WestAmerican Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Joseph F. McDonald• Nathan J. Carlone all of the city of E. Weymouth state of MA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by -an authorized officer or official of the Companies and the,corporate seals of the Companies have been affixed thereto this 20th day of September 2013 American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company si l� WestAmerican Insurance Company By: C STATE OF WASHINGTON ss Gregory W. Davenport, Assistant Secretary COUNTY OF KING W On this 20th day of September 2013 , before me personally appeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary of American u m Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, C execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. y> IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Seattle, Washington, on the day and year first above written. c By: O i KD Riley, Not Public 60 _ This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance r Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: LARTICLE IV — OFFICERS — Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject 00 to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, o C acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective E ai powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so C - executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under 4- 1+ the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ` _ ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, > L and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, p seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their Z V respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Gregory W. Davenport,,Assistant Secretary to appoint such attorneys -in -fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any. power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, David M. Carey, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of whicH the foregoing is a full; true_and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 30th day of January 20 14 VI * : ` By: 19, i r f`::a> David M. Carey, Assistant Secretary JFK".`.,•„ _ `f _ LMS_12873_092012 148 of 300 O vCn >'W as cE O CL Q M O� d C 3�c CO G M .0a r O c >, 'a 3: �o d' �C4 E N y_ M ao Oo VT- HT.- EFFECTIVE MARCH 30, 2010 Commonwealth of Massachusetts Division of Capital Asset Management PRIME/GENERAL CONTRACTOR UPDATE STATEM ENT TO ALL BIDDERS AND AWARDING AUTHORITIES A COMPLETED AND SIGNED PRIME/GENERAL CONTRACTOR UPDATE STATEMENT MUST BE SUBMITTED WITH EVERY PRIME/GENERAL BID FOR A CONTRACT PURSUANT TO M.G.L. c.149, §44A AND M.G.L. c. 149A. ANY PRIME/GENERAL BID SUBMITTED WITHOUT AN APPROPRIATE UPDATE STATEMENT IS INVALID AND MUST BE REJECTED. Caution: This form is to be used for submitting Prime/General Contract bids. It is not to be used for submitting Filed Sub -Bids or Trade Sub -Bids. AWARDING AUTHORITIES If the Awarding Authority determines that the bidder does not demonstrably possess the skill, ability, and integrity necessary to perform the work on the project, it must reject the bid. BIDDER'S AFFIDAVIT I swear under the pains and penalties of perjury that I am duly authorized by the bidder named below to sign and submit this Prime/General Contractor Update Statement on behalf of the bidder named below, that I have read this Prime/General Contractor Update Statement, and that all of the information provided by the bidder in this Prime/General Contractor Update Statement is true, accurate, and complete as of the bid date. January 30, 2014 Linwood Construction LLC Bid Date Print Name of Prime/General Contractor N. Andover Sch. Admin. Bldg. 331 Montvale Ave., Woburn, MA 01801 Project Number (or Business Address name if no number) Town of North Andover 781-305-3559 Awarding Authority Telephone Number SIGNATURE d er s Authorized Representative >5erH NCrqL'E�lr*/ PP85IMNI, Division of Capital Asset Management Page 1 of 10 i, INSTRUCTIONS INSTRUCTIONS TO BIDDERS This form must be completed and submitted by all Prime/General contractors bidding on projects pursuant to M.G.L. c. 149, §44A and M.G.L. c. 149A. You must give complete and accurate answers to all questions and provide all of the information requested. MAKING A MATERIALLY FALSE STATEMENT IN THIS UPDATE STATEMENT IS GROUNDS FOR REJECTING YOUR BID AND FOR DEBARRING YOU FROM ALL PUBLIC CONTRACTING. This Update Statement must include all requested information that was not previously reported on the Application used for your firm's most recently issued (not extended or amended) Prime/General Contractor Certificate of Eligibility. The Update Statement must cover the entire period since the date of your Application, NOT since the date of your Certification. You must use this official form of Update Statement. Copies of this form may be obtained from the awarding authority and from the Asset Management Web Site: www.mass.gov/dcam. If additional space is needed, please copy the appropriate page of this Update Statement and attach it as an additional sheet. See the section entitled "Bidding Limits" in the Instructions to Awarding Authorities for important information concerning your bidding limits. INSTRUCTIONS TO AWARDING AUTHORITIES Determination of Bidder Qualifications It is the awarding authority's responsibility to determine who is the lowest eligible and responsible bidder. You must consider all of the information in the low bidder's Update Statement in making this determination. Remember: this information was not available to the Division of Capital Asset Management at the time of certification. The bidder's performance on the projects listed in Parts 1 and 2 must be part of your review. Contact the project references. AWARDING AUTHORITIES ARE STRONGLY ENCOURAGED TO REVIEW THE LOW BIDDER'S ENTIRE CERTIFICATION FILE AT THE DIVISION OF CAPITAL ASSET MANAGEMENT. Telephone (617) 727-9320 for an appointment. Bidding Limits Single Project Limit: The total amount of the bid, including all alternates, may not exceed the bidder's Single Project Limit. Amireaate Work Limit: The annual value of the work to be performed on the contract for which the bid is submitted, when added to the annual cost to complete the bidder's other currently held contracts, may not exceed the bidder's Aggregate Work Limit. Use the following procedure to determine whether the low bidder is within its Aggregate Work Limit: Step 1 Review Update Statement Question #2 to make sure that all requested information is provided and that the bidder has accurately calculated and totaled the annualized value of all incomplete work on its currently held contracts (column 9). Step 2 Determine the annual dollar value of the work to be performed on your project. This is done as follows: (i) If the project is to be completed in less than 12 months, the annual dollar value of the work is equal to the full amount of the bid. (ii) If the project will take more than 12 months to complete, calculate the number of years given to complete the project by dividing the total number of months in the project schedule by 12 (calculate to 3 decimal places), then divide the amount of the bid by the calculated number of years to find the annual dollar value of the work. Step 3 Add the annualized value of all of the bidder's incomplete contract work (the total of column 9 on page 5) to the annual dollar value of the work to be performed on your project. The total may not exceed the bidder's Aggregate Work Limit. Correction of Errors and Omissions in Update Statements Matters of Form: An awarding authority shall not reject a contractor's bid because there are mistakes or omissions of form in the Update Statement submitted with the bid, provided the contractor promptly corrects those mistakes or omissions upon request of the awarding authority. [810 CMR 8.05(1)]. Correction of Other Defects: An awarding authority may, in its discretion, give a contractor notice of defects, other than mistakes or omissions of form, in the contractor's Update Statement, and an opportunity to correct such defects, provided the correction of such defects is not prejudicial to fair competition. 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Information you provide herein must supplement the Application for your most recently issued (not extended or amended) DCAM Certificate of Eligibility. You must report all requested information not previously reported on that DCAM Application for Prime/General Certificate of Eligibility. Include all details [project name(s) and location(s), names of all parties involved, relevant dates, etc.]. YES NO 1. Has your firm been terminated on any contract prior to completing a project or has ❑ any officer, partner or principal of your firm been an officer, partner or principal of another firm that was terminated or failed to complete aproject? 2. Has your firm failed or refused either to perform or complete any of its work under ❑ any contract prior to substantial completion? 3. Has your firm failed or refused to complete any punch list work under any contract? ❑ 4. Has your firm filed for bankruptcy, or has any officer, principal or individual with a ❑ financial interest in your current firm been an officer, principal or individual with a financial interest in another firm that filed for bankruptcy.? 5. Has your surety taken over or been asked to complete any of your work under any ❑ contract? 6. Has a payment or performance bond been invoked against your current firm, or has ❑ any officer, principal or individual with a financial interest in your current firm been an officer, principal or individual with a financial interest in another firm that had a payment or performance bond invoked? 7. Has your surety made payment to a materials supplier or other party under your ❑ payment bond on any contract? 8. Has any subcontractor filed a demand for direct payment with an awarding authority ❑ fora public project on any of your contracts? 9. Have any of your subcontractors or suppliers filed litigation to enforce a mechanic's ❑ lien against property in connection with work performed or materials supplied under any of your contracts? 10. Have there been any deaths of an employee or others occurring in connection with ❑ any of your projects? 11. Has any employee or other person suffered an injury in connection with any of your ❑ projects resulting in their inability to return to work for a period in excess of one year? Division of Capital Asset Management Page 7 of 10 Prime/General Contractor Update Statement Effective March 30, 2010 PART 4 - Legal or Administrative Proceedings; Compliance with Laws Please answer the following questions. Information must supplement all judicial and administrative proceedings involving bidder's firm, which were instituted or concluded (adversely or otherwise) since your firm's Application for your most recently issued (not extended or amended) Certificate of Eligibility. You must report all requested information not previously reported on that DCAM Application for Prime/General Certificate of Eligibility. The term "administrative proceeding" as used in this Prime/General Contractor Update Statement includes (i) any action taken or proceeding brought by a governmental agency, department or officer to enforce any law, regulation, code, ` legal, or contractual requirement, except for those brought in state or federal courts, or (ii) any action taken by a governmental agency, department or officer imposing penalties, fines or other sanctions for failure to comply with any such legal or contractual requirement. The term "anyone with a financial interest in ,your firm" as used in this Section "I", shall mean any person and/or entity with a 5% or greater ownership interest in the applicant's firm. If you answer YES to any question, on a separate page provide a complete explanation of each proceeding or action and any judgment, decision, fine or other sanction or result. Include all details (name of court or administrative agency, title of case or proceeding, case number, date action was commenced, date judgment or decision was entered, fines or penalties imposed, etc.). YES NO 1. Have any civil, judicial or administrative proceedings involving your firm or a ❑ principal or officer or anyone with a financial interest in your firm been brought, concluded, or settled relating to the procurement or performance of any construction contract, including but not limited to actions to obtain payment brought by subcontractors, suppliers or others? 2. Have any criminal proceedings involving your firm or a principal or officer or ❑ anyone with a financial interest in your firm been brought, concluded, or settled relating to the procurement or performance of any construction contract including, but not limited to, any of the following offenses: fraud, graft, embezzlement, forgery, bribery, falsification or destruction of records, or receipt of stolen property? 3. Have any judicial or administrative proceedings involving your firm or a principal ❑ or officer or anyone with a financial interest in your firm been brought, concluded, or settled relating to a violation of any state's or federal procurement laws arising out of the submission of bids orproposals? 4. Have any judicial or administrative proceedings involving your firm or a principal ❑ or officer or anyone with a financial interest in your firm been brought, concluded, or settled relating to a violation of M.G.L. Chapter 268A, the State Ethics Law? Division of Capital Asset Management Page 8 of 10 Prime/General Contractor Update Statement Effective March 30, 2010 PART 4 - Legal or Administrative Proceedings; Compliance with Laws (continued) YES NO 5. Have any judicial or administrative proceedings involving your firm or a principal ❑ or officer or anyone with a financial interest in your firm been brought, concluded, or settled relating to a violation of any state or federal law regulating hours of labor, unemployment compensation, minimum wages, prevailing wages, overtime pay, equal pay, child labor or worker's compensation? 6. Have any judicial or administrative proceedings involving your firm or a principal ❑ or officer or anyone with a financial interest in your firm been brought, concluded, or settled relating to a violation of any state or federal law prohibiting discrimination in employment? 7. Have any judicial or administrative proceedings involving your firm or a principal ❑ or officer or anyone with a financial interest in your firm been brought, concluded, or settled relating to a claim of repeated or aggravated violation of any state or federal law regulating labor relations? 8. Have any proceedings by a municipal, state, or federal agency been brought, ❑ concluded, or settled relating to decertification, debarment, or suspension of your firm or any principal or officer or anyone with a financial interest in your firm from public contracting? 9. Have any judicial or administrative proceedings involving your firm or a principal or ❑ officer or anyone with a financial interest in your firm been brought, concluded, or settled relating to a violation of state or federal law regulating the environment? 10. Has your firm been fined by OSHA or any other state or federal agency for ❑ violations of any laws or regulations related to occupational health or safety? Note: this information may be obtained from OSHA's Web Site at www.osha.gov 11. Has your firm been sanctioned for failure to achieve DBE/MBE/WBE goals, ❑ workforce goals, or failure to file certified payrolls on any public projects? 12. Other than previously reported in the above paragraphs of this Section I, have any ❑ administrative proceedings or investigations involving your firm or a principal or officer or anyone with a financial interest in your firm been brought, concluded, or settled by any local, state or federal agency relating to the procurement or performance of any construction contract? 13. Are there any other issues that you are aware which may affect your firm's ❑ responsibility and integrity as a building contractor? Division of Capital Asset Management Page 9 of 10 Prime/General Contractor Update Statement Effective March 30, 2010 PART 5 - SUPERVISORY PERSONNEL List all supervisory personnel, such as project managers and superintendents, who will be assigned to the project if your firm is awarded the contract. Attach the resume of each person listed below. NAME I TITLE OR FUNCTION Joseph Nogueira I Project Manager PART 6 - CHANGES IN BUSINESS ORGANIZATION OR FINANCIAL CONDITION Have there been any changes in your firm's business organization, financial condition or bonding capacity since the date your current Certificate of Eligibility was issued? ❑ Yes ® No If YES, attach a separate page providing complete details. PART 7 — LIST OF COMPLETED CONSTRUCTION PROJECTS SUBMITTED TO THE DIVISION OF CAPITAL ASSET MANAGEMENT. Attach here a copy of the list of completed construction projects which was submitted with your firm's DCAM Application for your most recently issued (not extended or amended) DCAM Certificate of Eligibility. The Attachment must include a complete copy of the entire Section G — "Completed Projects" and the final page — "Certification" (Section J) containing the signature and date that the Completed Projects list (Section G) was submitted to the Division of Capital Asset Management. Division of Capital Asset Management Page 10 of 10 Prime/General Contractor Update Statement Effective March 30, 2010 J. Certification (notarization required) The undersigned, Joseph Nogueira hereby certifies: (type name) That I am an owner or principal of Lhm ood ConstructionUC, (company name) and that all answers and all statements contained in the attached application (including Sections F and G) for certificate of eligibility are complete, true and correct. Providing false or misleading information or failure to provide all required information will be considered grounds for denial, decertification and/or debarment. I attest to the accuracy of all information contained in this application and verify that the information submitted is in fact complete, accurate and true, under oath. Signed and Sworn under the Pains and Penalties of Perjury. Dated at 03/26/2013 This 26th day of March, 2013. 4"1 By (signature):''` Type name: Joseph Nogueira Title or position: President VI/t E%A JL ss. (county) (state) Before me, M en -p` K_ , personally appeared and (notary public) known to me to be �o �1 Cl ve V2A ,based (na ne of officer) on satisfactory evidence which was his/her driver's license and acknowledged that he/she is authorized to execute the foregoing and that its execution is his/her free act and deed and the free act and deed of the firm. IRYNA MELNYK My commissiO—Rib"JUIMUdIIII ,ssachuetts notary is signature) y Oummission Expires Dec. 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Consistently assembles and leads dynamic teams of construction professionals, sub -contractors, and vendors to deliver projects on time and within cost constraints. Realize outstanding product and value for clients. A personable team builder who aligns coworkers with corporate expectations, gaining the trust and respect of peers. Develops a broad understanding of situations and employs disciplined decision-making abilities to assess alternate solutions to problems. Leads by example with a strong work ethic and desire to succeed. Takes pride in the quality and sustainability of final products. A confident, intelligent, and adaptable thinker who positions the resources of an organization to realize continuous growth 2007 -Present Luw, 00D CONSTRUCTION LLC: PRESIDENT Grew start-up company into business producing over $2,000,000 in annual sales within the first year of operations. Developed operation's and business polices allowing useful entrance into the private and public construction sectors. Designed Linwood's controls and operational policies within the company such as: • Construction project field layout. ■ Coordination of work by trades. ■ Daily scheduling of work items. • Performed unit cost accounting and Lump Sum bids. ■ Prepared as -built documentation. • Served as liaison between subcontractor field forces and project superintendent. • Managed on-site construction activities, including quality control, schedule deliveries, and budget adherence. ■ Negotiation and detail plan & specification review with subcontractor's work. ■ Provided scope interpretations and organized change orders. • Conduct monthly requisition preparation in conjunction with superintendent and accounting Typically L nwood's services would fall into one or a combination of. Preconstruction Consulting ■ General Construction • Project Management Construction • Management Design -Build 2004-2007 BOYNTON YARDS LLC SENIOR VICE PRESIDENT Assembled and maciaged project team of base building architects, engineers, traffic consultants and land -use attorneys to permit and construct a complete Mixed Use development of 450,000 square foot of residential apartments; 40,000 square foot of commercial office, 30,000 square feet of retail and 712 parking spaces. Evaluated and Conceptual estimating within the Design Phase. Review quality of drawings and delivered recommendations for changes. Secured competitive Conceptual line item pricing from sub contractor's and vendors. Led permitting, design, and value engineering of a development Smart Growth planned unit 1984-2004 NJR Construction Co Inc President, Treasurer Responsible for the everyday operations of a mid sized construction company focusing on new and renovation projects. Duties include the supervision of staff involved in all construction and management disciplines. Direst responsibilities included final oversight of Estimating, Bidding, Scheduling and Project Management from contract award to final close-out. 1978-1983 Ceramic & Marble Mason AFL-CIO Local 93 Performed construction activities and led crew of up to 14 Mason on various projects within the Boston, MA areas Education Boston State College, Boston, MA B.A cum laude Address, phone, fax, email Project List Project /Location Total Cost Description Medford, MA: $ 9,360,000 The project consists of a New Ground -Up four Boston Avenue Condominium story, 78,000 sq. ft. building consisting of 54 residential condominium units and a 125 below grade parking garage. Work included the Demolition of existing buildings, and all trades associated with new residential construction. Cambridge , MA: $ 2,520,000 New Ground up construction Townhome's Lopez/Watson Townhouse Condominium Project Cambridge, MA $ 14,4000,000 145„000 square foot Development of 96 Richdale Terrace Project Condominium units with 140 below grade parking Cambridge , MA: $ 978,000 Historic Rehab of an 1850 masonry carriage Carriage House Conversion house / barn into 3 condominiums Lynn, MA: $ 21688,000 Complete Gut Renovation of a four story 56 unit Nahant Street apartment building Lynn, MA: $ 1,960,000 Complete Gut Renovation of a six story 66 unit West Baltimore Street apartment building Portland ME. 1,612,000 Moderate Rehab of 36 apartment units Prebel Street - Apartments Portland ME.: $ 3,952,800 Complete renovation of an eight story Congress Street Apartments 122 unit hotel conversion into an apartment building of 88 Mattapan, MA $ 439,000 Complete renovation of HUD River Street affordable Housing renovation of s6units Address, phone, fax, email Somerville, IVIA: Pembroke Court S 386,000 Complete gut renovation and addition of a 2 level 4 unit aprrtinent building Lawrence, MA: 2,520,000 Market Street Complete gut renovation of 42 brick Townhomes Lansing Ohio $ 2,704,000 568 unit LIHTC affordable housing under the HUD Mod -Rehab program Westford MA S X60,000 Littleton Road Zia's Trattoria New 4400 square foot Italian Restaurant. Address, phone, fax, email