Loading...
HomeMy WebLinkAboutContract #: 004450 - From: To: - Exception - Exceptionw A TOWN OF NORTH ANDOVER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Raymond T Santilh Assistant Town Manager Mr. Antonio Pacitti, Vice -President DeIulis Brothers Construction Co., Inc 31 Collins Street Terrace Lynn, MA 01902 Dear Mr. Pacitti: NoerH Of it�e° �61ti0 O F �SSAnD ACH 5Et March 4, 2014 TEL (978) 688-9516 FAX (978) 688-9556 Enclosed please find the bid bond/deposit submitted with your proposal in response to the Invitation for Sub -Bids for `School Department Administration Building' issued by the Town of North Andover. The bid bond/deposit is being returned since the contract was awarded to another vendor. If you have any questions and/or concerns, please call me. Enclosure Sincerely, Raymond T. Santilli Assistant Town Manager Fidelity and Deposit Company Bond No. Post Office Box 1227 OF MARYLAND Baltimore, MD 21203 KNOW ALL MEN BY THESE PRESENTS: That we, DeIulis Brothers Construction Co., Inc. 31 Collins St Terrace Lynn MA 01902-2205 ,as Principal, (hereinafter called the "Principal'), and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, P.O. Box 1227, Baltimore, Maryland 21203, a corporation duly organized under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety"), are held and firmly bound unto Town of North Andover ,as Obligee, (hereafter called the "Obligee"), in the sum of Five Percent of the Bid Amount 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 Administration Building, North Andover masonry NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds. If the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect Signed and sealed this 21 Witness �L n'LL�A - - Witness C325f-50M, 792 (Y Conforms to American Institute of Architects Document A-310. February 1970 Edition day of January A.D., 2014 DeIulis Brothers Construction Co., Inc. Pn al O (:�- FIDELITY AND DEPOSIT COMPANY OF MARYLAND Surly i /I By L (Seal) Audrey A cMahon, Attomey-in-fact i (Seal) ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by GEOFFREY DELISIO, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Robert E. SENNOTT, Peter F. SENNOTT, Lee A. MCNELLY, Audrey A. MCMAHON, Deborah L. BURNS and Laurence R. HALL, all of Topsfield, Massachusetts, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertaldngs, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 22nd day of June, A.D. 2012. ATTEST: By. Assistant Secretary Eric D. Barnes ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND BEAL t—•— �7 �i 1111 i 'zi r�7 +�- s h ` Vice President Geoffrey Delisio State of Maryland City of Baltimore On this 22nd day of June, A.D. 2012, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, GEOFFREY DELISIO, Vice President, and ERIC D. BARNES, Assistant Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. \+���nwrrly Do . rriu ui\a` Maria D. Adamskd, Notary Public My Commission Expires: July 8, 2015 POA -F 063-3865B EXTRACT FROM BY-LAWS OF THE COMPANIES c "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time. CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Sccre ayor t'rs ^.= <<,t c,x.Tn;ai, n`'.'he...•:. ,,: �?ir;"��.._> :'< �? ' Fafter, wherever appearing uT�h a �- certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, thia-_ day of,,� 2QLr '*c REPO$wow $ �G►N��q•, tl�Mty ZZ nu 3i ;05 3 SEAL ONO James M. Carroll, Vice President al"JIS F School Department Administration Building Kang Associates, Inc. North Andover, MA, January 2, 2014 FORM OF SUB -BID To All General Bidders Except those Excluded: A. The undersigned proposes to furnish all labor and materials required for completing, in accordance with the hereinafter described plans, specifications and addenda, all work specified in Division 04 — Masonry of the specifications and in any plans specified in such section, prepared by Kang Associates, Inc. for the School Department Administration Building,North Andover, MA for the contract sum of: / Eight Hundred One Hundred Ninety Thousand dollars ($ 190,800-00 ) For Alternate #1: Deduct $ Zero dollars ($ 0.00 ) For Alternate #2: "e uct $ Ninety Thousand dollars ($ —90,000.00 ) For Alternate #3: Deduct $ Zero dollars ($ 0.00 ) For Alternate #4: Deduct $ Zero For Alternate #5: dollars ($ Deduct $ Zero dollars ($ 0.00 B. This sub -bid includes addenda numbered 1 C. This sub -bid ❑ may be used by any general bidder except: ® may only be used by the following general bidders: DeIulis Brothers Construction Co., Inc. (To exclude general bidders, insert an "X" in one box only and fill in blank following that box. Do not answer C if no general bidders are excluded.) FORM OF SUB -BID - 1 School Department Administration Building Kang Associates, Inc. North Andover, MA January 2, 2014 St. Raphael Architectural (b) Parish Center Design Concepts DeIulis Brothers $520,000 Old Lynn Architectural (c) High School Renovations DeIulis Brothbrs $205.000 4. Bank reference Salem Five - Paul Passeri, SVP (978) 720-5384 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 of subcontracts subject to section 44F. The undersigned further certifies under penalties of perjury that this sub -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. 1/21/14 DeIulis Brothers Construction Co., Inc. Date (Name of Sub -Bidder) SUB -BIDDER'S CHECKLIST: Addenda Recognized Bid Deposit - DCAM Certificate of Eligibility Sub -Bidder Update Statement Certificate of Corporate Bidder ZZBy: V Signature and Title of Person Signing Bid 31 Collins Street Terrace Business Address Lynn, MA 01902 City and State FORM OF SUB -BID - 3 DEVAL L. PATRICK GOVERNOR TIMOTHY P. MURRAY LIEUTENANT GOVERNOR The Commonwealth of Massachusetts Executive Office for Administration and Finance Division of Capital Asset Management and Maintenance One Ashburton Place Boston, Massachusetts 02108 Tel: (617) 727-4050 Fax; (61'7) 727-5363 RECEIVE® SEP 16 2013 Delulls Brothers GLEN SHOR SECRETARY, ADMINISTRATION & FINANCE Prime/General Certificate of Contractor Eligibility CONTRACTOR IDENTIFICATION NUMBER: 0328 CAROLE CORNELISON COMMISSIONER This Certificate Shall Be Used for Submittin Prime/General Bids Only 1. CERTIFICATION PERIOD: This Certificate is valid from 9/22/2013 to 9/22/2014 2. CONTRACTOR'S NAME: Delulis Brothers Construction Co., Inc. 3. CONTRACTOR'S ADDRESS: 31 Collins Street Terrace, Lynn, MA 01902 to 4. WORK CATEGORIES:. This Contractor is certified to file bids under Massachusetts General Laws Chapter 149, Chapter.149A and Chapter 25A in the following checked Categories of Work: ❑ Alarm Systems ❑ Asbestos Removal ❑ Deleading ❑ Demolition ❑ Doors & Windows Electrical ❑ Electronic Security Systems 5. EVALUATIONS: 6. PROJECT LIMITS: ❑ Elevators ❑ Energy Management Systems ❑ Exterior Siding ❑ Fire Protection Sprinkler Systems ❑ Floor Covering [�/�jGeneral Building Construction vHistorical Building Restoration 7. SUPPLI R DIVERSIT - FFI --k, - G Historical Masonry ❑ Historical Painting ❑ Historical Roofing ❑ HVAC [�/,] Masonry ❑ Mechanical Systems ❑ Modular Construction/Prefab Number of Projects Evaluated: 13 Average Project Evaluation Rating: 97 Number of Projects Below Passing Score: 0 Single Project Limit (SPL): Aggregate Work Limit (AWL): General Building Construction Limit: RTIFICATION: N/A Freya S. Bernstein, Deputy General Counsel, for Carole J. Cornelison, Commissioner ❑ Painting ❑ Plumbing ❑ Pumping Stations ❑ Roofing ❑ Sewage & Water Treatment Plants ❑Telecommunication Systems ❑ Waterproofing $18,282,000.00 $22,449,000..00 N/A 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 North Andover, MA Kang Associates,'Inc. January 2, 2014 D. The undersigned agrees that, if he is selected as sub -bidder, he will within five days, Saturdays, Sundays, and legal holidays excluded, after presentation of a subcontract by the general bidder selected as the general contractor, execute with such general bidder a subcontract in accordance with the terms of this sub -bid, and contingent upon the execution of the general contract, and, if requested so to do in the general bid by such general bidder, who shall pay the premiums therefor, or if pre -qualification is required pursuant to section 44D 3/4, furnish a performance and payment bond of a surety company qualified to do business under the laws of the Commonwealth and satisfactory to the awarding authority in full sum of the subcontract price. E. The names of all persons, firms and corporations furnishing to the undersigned labor or labor and materials for the class or classes or part thereof work for which the provisions of the section of the specifications for this sub -trade requires a listing in this paragraph, including the undersigned if customarily furnished by persons on his own payroll and in the absence of a contrary provisions in the specifications, the name of each such class -of work or part thereto and the Bid price for such class of work or part thereof are: Name Class of Work Bid Price None (Do not give bid price for any class or part thereof furnished by undersigned.) F. The undersigned agrees that the above list of bids to the undersigned represents bona fide bids based on the hereinbefore described plans, specifications and addenda and that, if the undersigned is awarded the contract, they will be used for the work indicated at the same amounts stated, if satisfactory to the awarding authority. G. The undersigned further agrees to be bound to the general contractor by the terms of the hereinbefore described plans, specifications, including all general conditions stated therein, and addenda, and to assume toward him all the obligations and responsibilities that he, by those documents, assumes toward the owner. H. The undersigned offers the following information as evidence of his qualifications to perform the work as bid upon according to all the requirements of the plans and specifications: 1. Have been in business under present business name 45+ years. 2. Ever failed to complete any work awarded? No 3. List one or more recent buildings with names of the general contractor and architect on which you served as a subcontractor for work of similar character as required for the above named buildings. Building Paul Revere (a) Elementary Architect . General Contractor Amount of Contract Drummey, Rosane Anderson DeIulis Brothers $1,224,800 FORM OF SUB -BID - 2 School Department Administration Building Kang Associates, Inc. North Andover, MA January 2, 2014 CERTIFICATE OF CORPORATE BIDDER Patrick DeIulis certify that I am the Clerk of the corporation named as Bidder in the Bid Form, and that Antonio Pacitti who signed the Bid Form on behalf of the Bidder was then the Vice President 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. DeIulis-'Brothers Cons ruction Co., Inc. 'CorporaI i Secr ry-Clerk January 21, 2014 Date CORPORATE BIDDER - 1