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HomeMy WebLinkAboutContract #: 004621 - From: To: - Exception - ExceptionTOWN OF NORTH ANDOVER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Raymond T Santilh Assistant Town Manager Mr. Jose Calheta, President Capeway Roofing Systems, Inc 664 Sanford Road Westport, MA 02790 Dear Mr. Calheta: NORTry Of ,�t�ao r61N0 N A �SSAno CNUSE� 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. Sincerely, Raymond T. Santilli Assistant Town Manager Enclosure BERKLEY U R.E'rY G RovP b Document A310TM -2010 A nssnr.s1• COMPAvr Conforms with The American Institute of Architects AIA Document 310 i • i • • CONTRACTOR: Capeway Roofing Systems Inc 664 Sanford Rd Westport MA 02790 OWNER: Town of North Andover 120 Main St. N. Andover MA 01845 SURETY: Berkley Insurance Company 412 Mt. Komblo Ave., Suite 31 ON Morristown, NJ 07960 BOND AMOUNT: $ Five Per Cent (5%) of enclosed bid PROJECT: New School Department Administration Building This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. The Contracts» • and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions ofthis Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in thejurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner 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. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project.. any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 21St day of January, 2014. A�V�_ itness) J M Z ( itness) No. BI- 8108 POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE -o 0 IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its o ; corporate seal hereunto affixed this] 0 day of_tALI ki 2013. r. ° Attest: Berkley Insurance Company (Seal) By By t Ira S. Lederman J I gIlafter oSenior Vice President & Secretary eniore President WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER. ° STATE OF CONNECTICUT) ' ) ss: COUNTY OF FAIRFIELD ) .N O Sworn to before me, a Notary Public in the State of Connecticut, this day of tAftJ 2013, by Ira S. Lederman and Jeffrey M. Hager who are sworn to me to be the Senior Vice President and Secretary, and the Senior Vice resident, respectively, of Berkley Insurance Company. 406 NOTAAYPUBLIO G TOff otary Public, State of Co �0W 3fW1? CERTIFICATE I, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a ' true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded 5 and that the authority of the Attorney -in -Fact set forth therein, who executed he bond or undertaking to which this Power of 3i' Attorney is attached, is in frill force and effect as of this date. Given under my hand and seal of the Company, this � day of (Seal) _ Tum .r NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted .2 and appointed, and does by these presents make, constitute and appoint: Christopher M. Hadley, Robert C. Hadley, Yvonne CdCordiero, Lory Lavoie, Beth Howard, Diane Trepanier or Paul C. Burke of Hadley Insurance Agency, Inc. of Fall River, MA its true and lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars (U.S. $50,000,000. 00), to the same extent as if such bonds had been duly N14� executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, E without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following o resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010: RESOLVED, that, with respect to the Surety business written by Berkley Surety Group, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein Cd V to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the o 0 corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such 0 o attorney-in-fact and revoke any power of attorney previously granted; and further A — RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the r� manner and to the extent therein stated; and further 0 RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and further oto RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any ° power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or 3 other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any 'a person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ;~ ceased to be such at the time when such instruments shall be issued. -o 0 IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its o ; corporate seal hereunto affixed this] 0 day of_tALI ki 2013. r. ° Attest: Berkley Insurance Company (Seal) By By t Ira S. Lederman J I gIlafter oSenior Vice President & Secretary eniore President WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER. ° STATE OF CONNECTICUT) ' ) ss: COUNTY OF FAIRFIELD ) .N O Sworn to before me, a Notary Public in the State of Connecticut, this day of tAftJ 2013, by Ira S. Lederman and Jeffrey M. Hager who are sworn to me to be the Senior Vice President and Secretary, and the Senior Vice resident, respectively, of Berkley Insurance Company. 406 NOTAAYPUBLIO G TOff otary Public, State of Co �0W 3fW1? CERTIFICATE I, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a ' true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded 5 and that the authority of the Attorney -in -Fact set forth therein, who executed he bond or undertaking to which this Power of 3i' Attorney is attached, is in frill force and effect as of this date. Given under my hand and seal of the Company, this � day of (Seal) _ Tum .r Instructions for Inquiries and Notices Under the Bond Attached to This Power Berkley Surety Group is the affiliated underwriting manager for the surety business of: Acadia Insurance Company, Berkley Insurance Company, Berkley Regional Insurance Company, Carolina Casualty Insurance Company, Union Standard Insurance Company, Continental Western Insurance Company, and Union Insurance Company. To verify the authenticity of the bond, please call (866) 768-3534 or email BSGInquiry@berkleysurety.com Any written notices, inquiries, claims or demands to the surety on the bond to which this Rider is attached should be directed to: Berkley Surety Group 412 Mount Kemble Avenue Suite 310N Morristown, NJ 07960 Attention: Surety Claims Department Or email BSGClaim@berkleysurety.com Please include with all notices the bond number and the name of the principal on the bond. Where a claim is being asserted, please set forth generally the basis of the claim. In the case of a payment or performance bond, please identify the project to which the bond pertains. ` CCL-LAzy tgoo f n 01 1 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 073113, 075300 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: Ninety Six Thousand Four Hundred dollars($ 96,400.00 ) For Alternate #1: Deduct $ N/C dollars ($ N/C ) For Alternate #2: Add/ N/C N/C Deduct $ dollars ($ ). For Alternate #3: Deduct $ 9,000.00 dollars ($ N/C ) For Alternate #4: Deduct $ N/C dollars ($ N/C ) For Alternate #5: Deduct $ N/C dollars ($ N/C ) B. This sub -bid includes addenda numbered One C. This sub -bid ❑ may be used by any general bidder except: ❑ may only be used by the following general bidders: (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 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 N/A Class of Work Bid Price (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 28 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 Architect . General Contractor Amount of Contract (a) See Attached Sheets. FORM OF SUB -BID - 2 School Department Administration Building North Andover, MA (b) (c) Kang Associates, Inc. January 2, 2014 4. Bank reference BRJ stol Countyn•. :.. n. p. w• uG 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 Date SUB -BIDDER'S CHECKLIST: Addenda Recognized Bid Deposit DCAM Certificate of Eligibility Sub -Bidder Update Statement Certificate of Corporate Bidder Capeway Roofing Systems, Inc. e of Person Signing Bid President, St of Westport, MA 02790 City and State FORM OF SUB -BID - 3 JOB INFORMATION SHEET Project: Project Name: TMLP Adminstrstion Bldg Roof Replacement Project Address: 55 Weir Street City: Taunton State: MA Zip Code: Phone Number: Fax: Contact: E-mail: Owner: Owner Name: Taunton Municipal Light Commission Owner Address: 55 Weir St City: Taunton State: MA Zip Code: 02780 Phone Number: 508-824-3149 Fax: 508-823-6931 Contact: E-mail: Architect/Engineer: Arch./Eng. Name: STV Arch./Eng. Address: 321 Summer St City: Boston Phone Number: 617-482-7298 Contact: General Contractor: GC Name: Capeway Roofing GC Address: City: Phone Number: Contact: Project Information: Bid Date: 11130/11 12:00 AM Start Date: Liquidated Damages: 500/day Prevailing Wage: 55.86/hour Change Order Oh/P: % GC / State: MA Zip Code: 02210 Fax: 617-482-1837 E-mail: State: Zip Code: Fax: E-mail: Estimated Cost: ,126,200.00 ® Bonded Completion Date: Requisition Due Date: Subcontractors Involved: None % Subcontractors Insurance Information: Certificate Holder: Owner Additional Insured: General Contractor Cancel Notice: Copies Needed: 3 copies Other Info: Job Notes: Sheet Metal Rate is $66.74 JOB INFORMATION SKEET Project: Project Name: Chelsea DPW Yard Project Address: 380 Beacham St City: Chelsea Phone Number: Contact: Owner: Owner Name: City of Chelsea Owner Address: 500 Broadway City: Chelsea Phone Number: 617-466-4220 Contact: State: MA Fax: E-mail: Zip Code: State: MA Zip Code: 02150 Fax: 617-4664225 E-mail: Architect/Engineer: Arch./Eng. Name: Eisenburg Haven Architects Arch./Eng. Address: 123 N Washington St City: Boston State: MA Phone Number: 617-227-1100 Fax: Contact: Dean Smith E-mail: General Contractor: GC Name: Capeway GC Address: City: Phone Number: Contact: Project Information: Bid Date: 1012411112:00 AM Start Date: Liquidated Damages: /day Prevailing Wage: 56.86/hour Change Order Oh/P: % GC / State: Fax: E-mail: Zip Code: 02114 Zip Code: Estimated Cost: $136,900.00 ® Bonded Completion Date: Requisition Due Date: Subcontractors Involved: None % Subcontractors Insurance Information: Certificate Holder: Owner Additional Insured: General Contractor Cancel Notice: Copies Needed: Other Info: Job Notes: Sheet Metal rate is $66.74 JOB INFORMATION SHEET Project: Project Name: Holliston Well #2 Project Address: City: Holliston State: MA Zip Code: Phone Number: Fax: Contact: E-mail: Owner: Owner Name: Town of Holliston Owner Address: 703 washington St City: Holliston State: MA Zip Code: 01746 Phone Number: Fax: Contact: E-mail: Architect/Engineer: Arch./Eng. Name: Kleinfelder SEA Consultants Arch./Eng. Address: 215 First St, Suite 320 City: Cambridge State: MA Zip Code: 02142 Phone Number: Fax: Contact: Kristen Ryan E-mail: General Contractor: GC Name: Dankris Builders Corp. GC Address: 6 High Street, Unit I City: Plainville State: MA Zip Code: 02762 Phone Number: 508-695-4066 Fax: 508-695-5866 Contact: Luke Baril E-mail: Project Information: Bid Date: 41111112:00 AM Estimated Cost. $38, 000.00 ❑ Bonded Start Date: Completion Date: 210 days Liquidated Damages: $1000/day Requisition Due Date: Prevailing Wage: /hour Subcontractors Involved: None Change Order Oh/P: % GC / % Subcontractors Insurance Information: Certificate Holder: Owner Additional Insured: General Contractor Cancel Notice: Copies Needed: Other Info: Job Notes: JOB INFORMATION SHEET Project: Project Name: 2 Burroughs Street Project Address: 2 Burroughs Street City: Danvers Phone Number: Contact. Owner: Owner Name: Town of Danvers Owner Address: One Sylvan St City: Danvers Phone Number: 978-777-0001 Contact: Bob Levasseur Ext 3016 State: MA Fax: E-mail: Zip Code: 01923 State: MA Zip Code: 01923 Fax: 978-777-1025 E-mail: Architect/Engineer: Arch./Eng. Name: Gienapp Design Associates Arch./Eng. Address: 20 Conant St. City: Danvers State: MA Zip Code: 01923 Phone Number: 978-750-9062 Fax: 978-750-9063 Contact: Larry Bourllet, 617-512-0216 E-mail: General Contractor: GC Name: Capeway Roofing Systems, Inc GC Address: City: State: Zip Code: Phone Number: Fax: Contact: E-mail: Project Information: Bid Date: 11115111 12: 00 AM Start Date: Liquidated Damages: ,500/day Prevailing Wage: 55.86/hour Change Order Oh/P: % GC / Estimated Cost: $96,100.00 ® Bonded Completion Date: 50 days Requisition Due Date: Subcontractors Involved: None % Subcontractors Insurance Information: Certificate Holder: Owner Additional Insured: General Contractor Cancel Notice: Copies Needed: Other Info: Job Notes: Sheet Metal Rate is $66.74 JOB INFORMATION SHEET Project: Roof Replacement and Repairs Project Name: Memorial Hall Library and Various Buildings Project Address: See Plan Cover Sheet City: Andover State: MA Zip Code: 01810 Phone Number: Fax: Contact: E-mail: Owner: Town of Andover Owner Name: Office of Plant and Facilities Owner Address: 36 Bartlett Street City: Andover State: MA Zip Code: 01810 Phone Number: 978-623-8200 Fax: Contact: Elaine Shola - Purchasing E-mail: Architect/Engineer: Arch./Eng. Name: Russo Barr Arch./Eng. Address: 33 Center Street City: Burlington Phone Number: 781-273-1537 Contact: Rich Gorham General Contractor: GC Name: GC Address: City: Phone Number: Contact: Capeway Roofing State: MA Zip Code: 01803 Fax: 781-273-1695 E-mail: State: Zip Code: Fax: E-mail: Project Information: Contract date 10-20-09. Contract amount $391,170.00. Bid Date: 9-24-09 Estimated Cost: ® Bonded - NO Start Date: 10-20-09 Completion Date: See contract Liquidated Damages: $250.00/day Requisition Due Date: 25th Prevailing Wage: S53.86/hour Subcontractors Involved: None Change Order Oh/P: 15% GC / 15% Subcontractors plus 10% GC Insurance Information: Certificate Holder: Owner Additional Insured: Owner/Architect Cancel Notice: 30 days Copies Needed: ]each Other Info: Sheet Metal rate $62.26 per hour Job Notes: Dion is PM Memorial Hall Library — 2 North Main St., Andover MA School Department Administration Building Kang Associates, Inc. North Andover, MA January 2, 2014 CERTIFICATE OF CORPORATE BIDDER I, —Mance HenienegiRb certify that I am the Clerk of the corporation named as Bidder in the Bid Form, and that Jose Calheta who signed the Bid Form on behalf of the Bidder was then the 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. Capeway Roofing Systems,inc. Corporate Seal 2 Secretary - Manuel Hermenegildo, St of Ma. 1-21-14 Date CORPORATE BIDDER - 1 The Commonwealth of Massachusetts Executive Of ce for Administration and Finance Division of Capital Asset Management and Maintenance One Ashburton Place Boston, Massachusetts 02108 Tel: (617) 727-4050 Fax: (617) 727-5363 GLEN SHOR SECRETARY, ADMINISTRATION & FINANCE TIMOTHY P. MURRAY CAROLE CORNELISON LIEUTENANT GOVERNOR COMMISSIONER First Amended and Restated Filed Sub -Bid Certificate of Contractor Eligibility CONTRACTOR IDENTIFICATION NUMBER: 0437 This Amended and Restated Certificate Shall be Used for Submittine Filed Sub -Bids Only The prior Certificate of Contractor Eligibility with an Approval Date of 4/3/2013 is hereby superseded, amended and restated by this Certificate with changes to the information contained in the following Section(s): 6 1. CERTIFICATION PERIOD: This Certificate is valid from 4/3/2013 to 4/3/2014 2. CONTRACTOR'S NAME: Capeway Roofing Systems, Inc. 3. CONTRACTOR'S ADDRESS: 664 Sanford Road, Westport, MA 02790 4. WORK CATEGORIES: This Contractor is certified to file Filed Sub -bids under Massachusetts General Laws Chapter 149, Chapter 149A and Chapter 25A in the following checked Categories of Work: ❑ Acoustical Tile ❑ HVAC ❑ Miscellaneous & Ornamental Iron ❑ Electrical Work ❑ Lathing & Plastering ❑ Paindng ❑ Elevators ❑ Marble ❑ Plumbing ❑ Fire Protection Sprinkler Systems ❑ Masonry Work ❑ Resilient Floors ❑ Glass and Glazing ❑ Metal Windows 0 Roofing & Flashing S. EVALUATIONS: Number of Projects Evaluated: 56 Average Project Evaluation Rating: 89 Number of Projects Below Passing Score: 2 6. SUPPLIER DIVERSITY OFFICE CERTIFICATION: w 4 , ❑ Terrazzo ❑ Tile ❑ Waterproofing, Damp proofing, and Caulking Minority Owned Business Enterprise iy, General Counsel, Cornelison, Commissioner 3a��n Approval Date NOTE TO CONTRACTORS1EewQje * pplications 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 Certifcation altogether for your company. 4� Reviewer's Initials