Loading...
HomeMy WebLinkAboutContract #: 005035 - From: To: - Exception - ExceptionTOWN OF NORTH ANDOVER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Raymond T Santilli Assistant Town Manager Mr. Chad Dubuc Rustic Fire Protection, Inc P.O. Box 1210 Norton, MA 02766 Dear Mr. Dubuc: f tkoRT1{ 1 o Ano o A �9SSAC14USE�t°� 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 Bid Bond Document x4310TM - 2010 Conforms with The American Institute of Architects AIA Document 310 CONTRACTOR: (Name, legal status and address) Rustic Fire Protection,Inc. P.O. Box 1210 Norton, MA 02766 OWNER: (Name, legal status and address) Town of North Andover, Town Manager SURETY: (Name, legal status and principal place of business) The Ohio Casualty Insurance Company 9450 Seward Road Fairfield, OH 45014 Mailing Address for Notices The Ohio Casualty Insurance Company Attention: Surety Claims Department 1001 4th Avenue, Suite 1700 Seattle, WA 98154 BOND AMOUNT: Five Percent of the amount Bid (5%) PROJECT: (Name, location or address, and Project number, if arty) Police Station Fire Protection 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 Contractor 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 of this 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 the jurisdiction 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 (Witness) 0 i d .0. 0-0) L U)m M 11) E ,v al c > CID 0, Z v THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 5L This Power of Attorney 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. American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company Peerless Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: ThatAmerican Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duty organized under the laws of the State of -Ohio, that Liberty Mutual Insurance Company is a corporation duly organized -under the laws of.the State of Massachusetts, that Peerless Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, and West American 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,. AUDREY A. MCMAHON; DEBORAH L BURNS; LAURENCE R. HALL; MARY M. KINCHLA; PETER F. SENNOTT; ROBERT E. SENNOTT; THOMAS E.-DIGIUSEPPE.............................................................................................................................. all of the city of TOPSFIELD , state of MA each individually if there be more than one named, its tree, and lawful attomey-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 the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this PowerofAttomey has been subscribed by an authorized officeroroff cial of the Companies and the corporate seals of the Companies have been affixed thereto this 26th day of JULY , 2012 . __ J -i f IasU�O IKSUP Q q+A4gR�T�,p ti .Ggf`o y�' h � i:"tiAFRCAATEr, � C, SEAL a 0�y 9'%G4��CO�QP� a�lhl STATE OF WASHINGTON COUNTY OF KING 1901 I ENE, cE ca!* American Fire and Casualty Company The Ohio Casualty -Insurance Company Liberty Mutual Insurance Company Peerless Insurance Company West American Insurance Company By: Gregory W. Davenport, Assistant Secretary On this 26th day of JULY , 2012 , before me personally appeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Company, Peerless Insurance Company and WestAmedcan Insurance Company, and that he, as such, being -authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. 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. „5u,❑ ,,,,,„ NOTARY - .By: Vb Qc`-'LEc - KD Riley, Nota)4 Public MFG^ t4A5H��o°` This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and A�iitiionzations of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, WestAmerican Insurance Company and Peerless Insurance Company, which resolutions are now in full force and effect reading as follows: ARTICLE IV— OFFICERS —Section 12. Power of Attorney. Any officerorother official of the Corporation authorized for that purpose in writing by the Chairman orthe President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to actin behalf of the Corporation to make, execute, 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 respective 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 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 the provisions of this article may be revoked at any time bytheBoard, 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, 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, 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 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 attomey-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 biding upon the Company with the same force and effect as though manually affixed. 1, David M. Carey, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, West American Insurance Company and Peerless 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 21s� day of , 20LLL_. O�C�U FlR�4 Jgt�Y rh3(fq_��yy4k3u4 F RA QIT gpRPOP,.�r� �p T gonaoRgTe`Yym a C°3 .7 �'+S tpRPORq � � �� OG ^— n E4Ci}Yt 2.kT"cQ ( , i1901 > .►.. By: vs SE ail,a� ip S.., a� e 3 ° yea SE,AI, �= David M. Carey, Assistant Secretary GR(TY Ga � Hyl �� � Ks y&h'� E?�El PNCE CpdQ POA-AFCC, LMIC, OCIC, PIC & WAIC LMS_12873 041012 O yW E V O- Q Q M O� `mc O £ L -� A 0 t O 0C �O 00 �00 N wM 0 U T- H� 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 thehereinafterdescribed plans, specifications and addenda, all work specified in 2A0000 of the specifications and in any plans specified in such section, prepared by Kang Associates, Inc. for the School Department Administration Buil�diinng,North Andover, MA for the c-o�ntract sum of: dollars ($ Q:: For Alternate #1: Deduct $ /l/A dollars ($ �✓�Q ). For Alternate #2: Add/ Deduct $ dollars ($ ). For Alternate #3: Deduct $ ' dollars ($ For Alternate #4: Deduct $ 4�* For Alternate #5: dollars ($ ). Deduct $ A �� 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 ' b years. 2. Ever failed to complete any work awarded? A_)o 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 (a) Architect . General Contractor FORM OF SUB -BID - 2 Amount of Contract School Department Administration Building North Andover, MA (b) (c) 4. Bank reference Z 'r,y 1 r� 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. RUSTIC FIRE PROTECTION, INC. -r f� P.O.BOX1210 Date (Name of Sub -Bidder) NUKI MA 02766 By: Signature and Title of Person Signing Bid/ SUB -BIDDER'S CHECKLIST: Addenda Recognized Bid Deposit DCAM Certificate of Eligibility Sub -Bidder Update Statement Certificate of Corporate Bidder 3 ad i,4,e sk s � - Business Address City and State FORM OF SUB -BID - 3 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 Z4Date RUSTIC FIRE PROTECTION, INC. Print Name & Title Company Name P 0. BOX 1210 NORTON, MA 02766 CERTIFICATIONS CERTIFICATE OF NON -COLLUSION The undersigned certifies under penalties of perjury that this bid or proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word "person" shall mean natural person, business, partnership, corporation, committee, union, club or other organization, entity, or group of individuals. Signature _ Date 04"_J �/,,� 44",0_41 RUSTIC FIRE PROTECTION, INC. Print Name & Title Company Name P. 0. BOX 1210 NORTON, MA 02766 CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I 01bo L , authorized signatory for RUSTIC FIRE PROTECTION, to Name of individual Name of contractor P 0. BOX 1210 do hereby certify under the pains and penalties of perjury that said contractor has compli.NORTQN, MA 02766 all laws of the Commonwealth of Massachusetts, and the Town of North Andover, relating to taxes, permit or other fees, reporting of employees and contractors, and withholding and remitting child support. Signature Date School Department Administration Building Kang Associates, Inc. North Andover, MA January 2, 2014 �i CERTIFICATE OF CORPORATE BIDDER I, ` .L -j; �` ����� �— certify that I am the Erl� � -., , of the corporation named as Bidder in the Bid Form, and that who signed the Bid Form on behalf of the Bidder was then the T I 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. RUSTIC FIRE PROTECTION, INC. P. 0. BOX 1210 NORTON, MA 02766 Corporate Seal 41;i Secretary -Clerk Date CORPORATE BIDDER - 1 a 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: (617) 727-5363 Filed.Sub-Bid Certificate of Contractor Eligibility CONTRACTOR IDENTIFICATION NUMBER: 1353 GLEN SHOR SECRETARY, ADMINISTRATION 8, FINANCE This Certificate Shall Be Used for Submitting Filed Sub -Bids Only CAROLE CORNELISON COMMISSIONER I. CERTIFICATION PERIOD: This Certificate is valid from 4/13/2013 to 4/13/2014 2. CONTRACTOR'S NAME: Rustic Fire Protection, Inc. 3. CONTRACTOR'S ADDRESS: 320 West Main St/P.O. Box 1210, Norton, MA 02766 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: ❑ Acoustical Tile [] HVAC ❑ Miscellaneous & Ornamental Iron Terrazzo ❑ Electrical Work ❑ Lathing & Plastering ❑ Painting [] Tile ❑ Elevators ❑ Marble ❑ Plumbing ❑ Waterproofing, Damp [� Fire Protection Sprinkler Systems ❑ Masonry Work [_] Resilient Floors proofing, and Caulking Glass and Glazing ❑ Metal Windows ❑ Roofing & Flashing S. EVALUATIONS: Number of Projects Evaluated: 5 Average Project Evaluation Rating: 94 Number of Projects Below Passing Score: 0 6. SUPPLIER DIVERSITY OFFICE CERTIFICATION: N/A -�- n A-,, '�> , � ),1r' , 2--- 1/ -Z-�� J Fre- Bernstein, Dep y General Counsel, Approval Date for role J. Cornelison, Commissioner 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 �S