HomeMy WebLinkAboutContract #: 004826 - From: To: - Exception - ExceptionTOWN OF NORTH ANDOVER
120 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
Raymond T Santilh
Assistant Town Manager
Mr. Steven Stutman, President
Stutman Contracting Inc
22 Sutton Avenue
Oxford, MA 01540
Dear Mr. Stutman:
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
f
y
THE AMERICAN INSTITUTE OF " ARCHITECTS
AIA Document A310
Bid Bond
KNOW. ALL MEN BY THESE PRESENTS; that we
(Here insert full name and address or legal title of Contractor)
Stutman Contracting, Inc. 22 Sutton Ave., Oxford, MA 01540
as Principal,. hereinafter called the ':Principal, and
Fidelity & Deposit Company of Maryland (Flare insert r°n name and address or legal title of Surety)
3910 Keswick Rd, Baltimore, MD 21211
a corporation duly organized under the laws of the State of MARYLAND
'as Surety,. hereinafter. called the Surety, are held and firmly bound unto.
(Here insert full name and address or legal title of Owner)
Town of.North.Andover
120 Main Street, North Andover, MA 01845
as Obligee, hereinafter called the Obligee, in the sum of
FIVE PERCENT OF BID Dollars:($
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 .
(Here insert full name, address.and description of project) .
School Department Administration Building
NOW, TFiEREFCIRE, 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, iiia, bidding
or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for .the prompt
payment of. labor and material furnished. in the prosecution thereof; or in the' event of the. failure of the Principal to enter
such Contract and give such bond or bonds, if the'.Principal shall pay to the Obligee the difference not to exceed the penalty
hereof between the amount specified in said bid and such larger amount for'which 'the Obligee inay 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 fullforce and effect.
.Signed and sealed this 21st . day of January 19 2014 .
Stutman C f g.. Inc.
Prirh (Sea'..
' Witness) � 11 -
(Title)
.FIDELITY AN POSIT COMPANY OF
MAR D
Q1 dmft UL/k .2 21
(Surety)
(Witness)
(Title)
JOS PHILLIPS,. ATTORNEY IN FACT
AIA DOCUMENT A310 + BID BOND + ACA ®. • FEBRUARY 1970 ED + THE AMERICAN
INSTITUTE .OF ARCHITECTS, '1735 N.Y. AVE., N.W., WASHINGTON, M C. 20006 1
® Printed on Recycled Paper 9/93 {
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
JAMES M. CARROLL, 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 Joseph M. PHILLIPS, Maria GADZIALA, Mia WOO and Jocelyn KEECH, all of Chicopee, 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 undertakings, 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 25th day of April, A.D. 2013.
ATTEST:
EV
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
G�It)y 'r Sri .' K"�,,...,,� •
8SAL to$
� X03
-
i
h,uu+
Assistant Secretary Vice President
Eric D. Barnes James M. Carroll
State of Maryland
City of Baltimore
On this 25th day of April, A.D. 2013, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, JAMES M.
CARROLL, 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 sworn, 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 fust above written
Constance A. Dunn, Notary Public
My Commission Expires: July 14, 2015
POA -F 063-2453
EXTRACT FROM BY-LAWS OF THE COMPANIES
"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'``attesied `corp'orate seal, appoint attorneys'in4act 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 l Oth 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, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter; :wherever appearing upon a
certified copy of any power of attorney issued'liy, 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,
this day of 201 L .
SEAL
♦y1 \
IIM IN,fJ
Thomas O. McClellan, Vice President
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
on Oq9 Go(2) 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:
For Alternate #4:
Deduct $ 0. k dollars ($ )jle—
For Alternate #5:
Deduct $ N �C- dollars ($
B. This sub -bid includes addenda numbered
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
?alga 7(ka ,_,J Ta, 9 ii%{uax'
dollars ($ a0 ,LIS0 . de) ).
For Alternate #1:
Deduct $ /C
dollars ($ /C' ).
For Alternate #2:
Peuct $ -Tk —PA suAJ ej
dollars ($ 30� • ).
For Alternate #3:
Deduct $ N k
dollars ($
For Alternate #4:
Deduct $ 0. k dollars ($ )jle—
For Alternate #5:
Deduct $ N �C- dollars ($
B. This sub -bid includes addenda numbered
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
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
(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 � years.
2. Ever failed to complete any work awarded? Md
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) kwm UL Ooruskr qaW513to, C1.1 &1.77.7(eS
0 1j 'Titi,
FORM OF SUB -BID - 2
School Department Administration Building
North Andover, MA
(c)
4. Bank reference
Kang Associates, Inc.
January 2, 2014
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.
a C,CL- .
Date (Name of Sub -Bidder)
By: �SI�
Signature and Title of Person Signing Bid
SL17DDER'S CHECKLIST:
/ Benda Recognized
:Iir;D�
d Deposit
M Certificate of Eligibility
Bidder Update Statement
Certificate of Corporate Bidder
Business Address
o xw, W D ISL to
City and State
FORM OF SUB -BID - 3
School Department Administration Building
North Andover, MA
CERTIFICATE OF CORPORATE BIDDER
Kang Associates, Inc.
January 2, 2014
certify that I am the
of the corporation named as Bidder in the
Bid Form, and that S4X-K ` S CkA who signed the Bid Form on
behalf of the Bidder was then the ��5� C&AT 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.
Corpor a Seal
Secretary -Clerk
2U /
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.
Signature..'k ��
A00%, SUMOA �l�S r A
Print Name & Title
Date 61 Ido fly
S:L�cm C106JI"m
Company Name
CERTIFICATE OF TAX COMPLIANCE
Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I
S*14," , authorized signatory for S+AWW aAc.
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.
��k 4� & alixj)m
Signature Date
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.
WAX PVAA1,1
NOft
��'11,c1YYIc T i��
Print Name & Title
Date 61lgc) //v
SGCA - TAC.
Company Name
n
_ The Commonwealth of Massachusetts
Executive Office for Administration and Finance
g.
Division of Capital Asset Management. and Maintenance
One Ashburton Place
DEVAL L. PATRICK Boston, Massachusetts 02108
GOVERNORGLEN SHOR
Tela (617) 727-4050 SECRETARY, ADMINISTRATION &
T1i4907'i-1Y P. MUililiy
Fax. (617) 727-5363 FINANCE
LIEUTENANT GOVERNOR CAROLE CORNELISON
COMMISSIONER
First Amended and Restated
Prime/General Certificate of Contractor Eligibility
CONTRACTOR IDENTIFICATION NUMBER: 0675
This tided and Restated 0—+;4'c,— Slia11 be Used for Submitting Prime/General Bids Only
The prior Certificate of Contractor Eligibility with an Approval Date of 4/3/2013 is hereby superseded, amended
and restaged by this Certificate with changes to the information contained in the following Section(s): 5, 6
I. CERTIFICATION PERIOD: This Certificate is valid from 4/3/2013 to 4/3/2014
2. CONTRACTOR'S NAME: Stutman Contracting, Inc.
3. CONTRACTOR'S ADDRESS: 22 Sutton Avenue, Oxford, MA 01540
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:
LJ Alarm Systems
( Asbestos Removal
Deleading
L
L_. ] Demolition
f� Doors & Windows
[] Electrical
Electronic Security Systems
S. EVALUATIONS:
6. PROJECT LIMITS:
Ta
for
[J Elevators
i� Energy Management Systems
Exterior Siding
Fire Protection Sprinkler Systems
[_] Floor Covering
(VJ General Building Construction
L Historical Building Restoration
Ll Historical Masonry
Historical Painting
Historical Roofing
[� HVAC
Masonry
_] Mechanical Systems
_-] Modular Construction/Prefab
Number of Projects Evaluated: 16
Average Project Evaluation Rating: 96
'J Painting
Plumbing
j� Pumping Stations
i_..l Roofing
Sewage & Water Treatment Plants
[] Telecommunication Systems
[.] Waterproofing
Number of Projects Below Passing Score: 0
Single Project Limit (SPL): $7,535,000.00
Aggregate Work Limit (AWL):
General Building Construction Limit:
OFFICE CERTIFICATION: N/A
;sby, General Counsel,
J. Cornelison, Commissioner
$10,027,000.00
$7,535,000.00
Approval Date
,w, c +tr t.yro+xAc vR Comp to 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 -s,