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HomeMy WebLinkAboutContract #: 005275 - From: To: - Exception - ExceptionTOWN OF NORTH ANDOVER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Raymond T Santilh Assistant Town Manager Mr. Jose Araujo, President Araujo Brothers Plumbing Inc P.O. Box 50225 New Bedford, MA 02745 Dear Mr. Araujo: f tot 1 o� o xr DA4T/D rPP�t� �Sg.1CHUSB March 5, 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 The American Institute of Architects, AIA Document No. A310 (February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that Araujo Bros Plumbing Inc._ as Principal, and Berkley Insurance Company, 412 Mount Kemble Avenue, Suite 310N, Morristown, NJ 07960, a corporation duly organized under the laws of the State of Delaware and licensed to transact business in the State of MA, as Surety, are held and firmly bound unto Town of North Andover as Obligee, in the sum of Five per cent ( 5%) of the enclosed bid., for payment of which sum well and truly to be made, the Principal and the Surety, bind themselves, their 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 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 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 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" day of January, 2014. ed io/io Araujo Bros. Plumbing Inc. By: Jo aujo, President Berkley Insurance Company (seal) By: _ d— & Beth Howard, Attorney -in -Fact No. BI- 8108 POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. 7� KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly M organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Christopher M. Hadley, Robert C. Hadley, Yvonne b Cordiero, Lory Lavoie, Beth Howard, Diane Trepanier or Paul C. Burk_ e 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 executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. .fl This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, 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: E RESOLVED, that, with respect to the Surety business written by Berkley Surety Group, the Chairman of the Board, Chief P 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 05 U o to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the 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 03 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 c manner and to the extent therein stated; and further c Q RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and Cd further 0 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 person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have $ E ceased to be such at the time when such instruments shall be issued. 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] day of_Mayj 12013, Attest: Berkley Insurance Company c� (Seal) By By A/lf o Ira S. Lederman J f . Hafter o W Senior Vice President & Secretary enior ice President WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER. STATE OF CONNECTICUT) 14 'E ) ss: COUNTY OF FAIRFIELD ) .N O o Sworn to before me, a Notary Public in the State of Connecticut, this day of , 2013, by Ira S. Lederman and y Jeffrey M. Hager who are sworn to me to be the Senior Vice President and Secretary and the enior Vice resident, respectively, of CBerkley Insurance Company. (,/J�KATHI -� NOTARY PUBW otary Public, State of Co 6 ONEVMSOCIS W17 ° CERTIFICATE 2 I, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a Z '0 true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney -in -Fact set forth therein, who execute the bond or undertaking to which this Power of 3 -5 Attorney is attached, is in full force and effect as of this date. Given under my hand and seal of the Company, this Cr I day of C, (Seal) 11 AIQIW�NMJTuT� I School Department Administration Building North Andover, MA [! r10 ��o /3 roS. Kang Associates, Inc. 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 Plumbing 22 00 00 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: One Hundred Sixteen Thousand— dollars ($ 1160500,00 ), For Alternate #1: Five Hundred Dollars Deduct $ N/C dollars ($ For Alternate #2: Add/ Deduct $ N / C dollars ($ For Alternate #3: Deduct $ N / C dollars ($ For Alternate #4: Deduct $ N/C dollars ($ For Alternate #5: Deduct $ N / C dollars ($ 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: N/C N/C N/C N/C N/C (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 "NOT APPLICABLE" 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 32 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 (aPme School Architect . General Contractor Amount of Contract Desmao MCM USA,LLC $53,975.00 Associates FORM OF SUB -BID - 2 School Department Administration Building North Andover, MA Kang Associates, Inc. January 2, 2014 (b) Howe -Manning Elem.School/DiNisco/ CTA Constr./$692,000.00 Freeman -Centennial School/ Flansburgh Arch. Fontaine Bros./$847,721 (c) 4. Bank reference Santander Bank New Bedford,MA 02745 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. 1/21/2014 Araujo Btos.Plumbing,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 By: Sig ure and Title of Pk4etf Signing Bid Jose Araujo,President PO Box 50225 Business Address New Bedford,MA 02745 City and State FORM OF SUB -BID - 3 School Department Administration Building North Andover, MA Clerk 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 Jose Arauj o 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. 5ate Seal ndio Araujo,Clerk 1/21/2014 Date CORPORATE BIDDER - 1 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. Jose Araujo,President Print Name & Title Date 1/21/2014 Araujo Bros.Plumbing,Inc. Company Name 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 1/21/2014 Jose Araujo,President Araujo Bros.Plumbing,Inc. Print Name & Title Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I Jose Arauj o _,authorized signatory for Arauj r) Rrns _ Pl umbi na Tnc . 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. 1/21/2014 Signature J se , ident Date C t The Commonwealth of Massachusetts •- Executive Off ce for Administration and Finance y 1p .Y Division. of Capital Asset Management and Maintenance Orze Ashburton Place DEVAL L. PATRICK Boston, Massachusetts 02108 GLEN SHOR GOVERNOR Tel: (617) 727-4050 SECRETARY, ADMINISTRATION & FINANCE Fat: (617) 727-5363 TIMOTHY P. MURRAY CAROLE CORNELISON LIEUTENANT GOVERNOR COMMISSIONER Filed Sub -Bid Certificate of Contractor Eligibility CONTRACTOR IDENTIFICATION NUMBER: 0564 This Certificate Shall Be Used for Submitting Filed Sub -Bids Onlv 1. CERTIFICATION PERIOD: This Certificate is valid from 4/13/2013 to 4/13/2014 2. CONTRACTOR'S NAME: Araujo ]Bros Plumbing & heating, Inc. 3. CONTRACTOR'S ADDRESS: 224 Nyes Lane, Acushnet, MA 02743 4. WORK CATEGORIES: ❑ Acoustical Tile [] Electrical Work [=� Elevators CJ Fire Protection Sprinkler Systems [_] Glass and Glazing S. EVALUATIONS: 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: L.i HVAC ❑ Miscellaneous & Ornamental Iron [l Lathing & Plastering ❑ Painting ❑ Marble '&_/j Plumbing [] Masonry Work [J Resilient Floors ❑ Metal Windows r.J Roofing & Flashing Number of Projects Evaluated: 24 Average Project Evaluation Rating: 91 Number of Projects Below Passing Score: 0 6. SUPPLIER DI RSITY OFFICE CERTIFICATION: N/A gran Grigsby,thson, neral Counsel, for Can J. CoCommissioner [J Terrazzo [_J Tile (_J Watcrproofing, Damp proofing, and Caulking % 01 1 Approval Date (VOTE 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. t)C Reviewer's Initials t� J