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HomeMy WebLinkAboutContract #: 005396 - From: To: - Exception - ExceptionTOWN OF NORTH ANDOVER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Raymond T Santilli Assistant Town Manager Mr. David Tomasino, Treasurer General Mechanical Contractors 29A Sword Street Auburn, MA 01501 Dear Mr. Tomasino: 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, /3 0� '. , " z ( �,� _(2 0 Raymond T. Santilli Assistant Town Manager Enclosure Liberty Mutual. Document A31 OTM - 2010 SURETY Conforms with The American Institute of Architects AIA Document 310 Bid Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place of business) General Mechanical Contractors, Inc. The Ohio Casualty Insurance Company 29A Sword Street 62 Maple Avenue Auburn, MA 01501 Keene, NH 03431 This document has important legal consequences. Mailing Address for Notices Consultation with an attorney is OWNER: The Ohio Casualty Insurance Company encouraged with respect to its (Name, legal status and address) Attention: Surety Claims Department completion or modification. Town of North Andover 1001 4th Avenue, Suite 1700 Seattle, WA 98154 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. BOND AMOUNT: Five percent (5%) of the enclosed bid PROJECT: (Name, location or address, and Project number, if any) School Department Administration Building - North Andover Division #23 - HVAC 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 flVitness) (Witn ss) ,2014 General Mechanical Contractors, Inc. (Princi (Seal) it Principal: General Mechanical Contractors, Inc. Obligee: Town of North Andover POWER OF ATTORNEY Agency Name: The Protector Group Insurance THE OHIO CASUALTY INSURANCE COMPANY Agency, a Marsh & McLennan Agency LLC Agent Code: 206164 Bond Number: Know All Men by These Presents: That THE OHIO CASUALTY INSURANCE COMPANY, a New Hampshire Corporation, pursuant to the authority granted by Article 1V, Section 12 of the Code of Regulations and By -Laws of The Ohio Casualty Insurance Company, do hereby nominate, constitute and appoint: Joseph B. Battaini, Darlene F. Beshaw, John J. Cahill, John W. Kurkulonis, Laurie A. Penniman, James P. Wentzell of WORCESTER, Massachusetts its true and lawful agent(s) and attomey(ies)-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, UNDERTAKINGS, and RECOGNIZANCES, excluding, however, any bond(s) or undertaking(s) guaranteeing the payment of notes and interest thereon. And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of said Company at their administrative offices in Keene, NH, in their own proper persons. The authority granted hereunder supersedes any previous authority heretofore granted the above named attomey(ies)-in-fact. In WITNESS WHEREOF, the undersigned officer of the said The Ohio Casualty Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of said Company this 18th day of November, 2013. .1`(INSVA 0J 00aPO)?.I' 2 U 2 tnQ m °41 21919 o HAMPS�`aD3 David M. Carey, Assistant Secretary STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY On this 18th day of November, 2013 before the subscriber, a Notary Public of the State of Pennsylvania, in and for the County of Montgomery, duly commissioned and qualified, came David M. Carey, Assistant Secretary of The Ohio Casualty Insurance Company, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn deposes and says that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal at the City of Plymouth Meeting, State of Pennsylvania, the day and year first above written. yp PAST Qtr H2ONW �( COMMONWEALTH OF PENNSYLVANIA Uodfy y Notarial Seal OF Teresa Pastella, Notary Public Plymouth Twp., Montgomery County �P My Commission Expires March 28, 2017 yOJ. VP ��6 Notary Public in and for County of Montgomery, State of Pennsylvania Member, Pennsylvania Association of Notaries AHY P� My Commission expires March 28, 2017 This power of attorney is granted under and by authority of Article IV, Section 12 of the By -Laws of The Ohio Casualty Insurance Company, extracts from which read: ARTICLE IV - Officers: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bond, recognizances and other surety obligations. Such attorneys -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 by the Board, the Chairman, the President or by the officer or officers granting such power or authority. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of The Ohio Casualty Insurance Company effective on the 15th day of February, 2011: VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attomey issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. CERTIFICATE I , the undersigned Assistant Secretary of The Ohio Casualty Insurance Company, do hereby certify that the foregoing power of attorney, the referenced By -Laws of the Company and the above resolution of their Board of Directors are true and correct copies and are in full force and effect on this date. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Company this 21st day of January 12014 tiJ24OpP ORq g 21919 0 °�,ylAM? S�aaa3 Gregory W. Davenport, Assistant Secretary School Department Administration Building North Andover, MA FORM OF SUB -BID To All General Bidders Except those Excluded: 6—( - --, ,A ' v/e C X0 1"C Kang Associates, Inc. January 2, 2014 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 -HVAC �� 15; �n a3 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: V'\rh°do lar ($ ). For Alternate #1: Deduct $ N/A dollars ($ N/A ) For Alternate #2: Add/ Deduct $ N/A dollars ($ N/A ) For Alternate #3: Deduct $ N/A dollars ($ N/A ) For Alternate #4: Deduct $ N/A For Alternate #5: Deduct $ N/A B. This sub -bid includes addenda numbered 1 C. This sub -bid ❑ may be used by any general bidder except: dollars ($ N/A ) dollars ($ ❑ may only be used by the following general bidders: N/A (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 i 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 20 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 Beverly Mt. Vernon Group (a) High School Architects General Contractor CTA Ventures FORM OF SUB -BID - 2 Amount of Contract $8,261,647.00 School Department Administration Building North Andover, MA GG (b) 7ucd14fi��leael ourt &�t�s oclate Uxbridge Raymond Design (c) _High School Associates, Inc. 4. Bank reference TD Bank Daniel O'Connell Construction Shawmut Design & COnstruction Kang Associates, Inc. January 2, 2014 $7,530,309.00 $3,986,419.00 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 General Mechanical Contractors Date (Name of Sub -Bidder) SUB -BIDDER'S CHECKLIST: X Addenda Recognized X Bid Deposit X DCAM Certificate of Eligibility X Sub -Bidder Update Statement X Certificate of Corporate Bidder ByOigndK_e�'_Title of Person Sig ing Bid 29A Sword Street Business Address Auburn, MA 01501 City and State FORM OF SUB -BID - 3 School Department Administration Building North Andover, MA Mark Tomasino Secre 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 David Tomasino who signed the Bid Form on behalf of the Bidder was then the Treasurer 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. Corporate S al Mark Tomasino Secretary -Clerk 1/21/2014 Date CORPORATE BIDDER - 1 The Commonwealth of Massachusetts Executive Office for Administration and Finance Division of Capital Asset Management and Maintenance r " One Ashburton Place DEVAL L. PATRICK Boston, Massachusetts 02108 GLEN SHOR GOVERNOR Tel: (617) 727-4050 SECRETARY, ADMINISTRATION & Fax: (617) 727-5363 FINANCE TIMOTHY P. MURRAY LIEUTENANT GOVERNOR CAROLE CORNELISON COMMISSIONER Filed Sub -Bid Certificate of Contractor Eligibility CONTRACTOR IDENTIFICATION NUMBER: 1484 This Certificate Shall Be Used for Submittin Filed Sub -Bids Only 1. CERTIFICATION PERIOD: This Certificate is valid from 12/1/2013 to 12/1/2014 2. CONTRACTOR'S NAME: General Mechanical Contractors, Inc. 3. CONTRACTOR'S ADDRESS: 29A Sword Street, Auburn, MA 01501 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 Electrical Work G HVAC ❑ Lathing & Plastering ❑ Miscellaneous &Ornamental Iron ❑ Painting E] Terrazzo El Elevators ❑ Fire Protection Sprinkler Systems ❑ Marble ❑ Masonry Work C Plumbing ❑ Resilient Floors El Tile ❑ Waterproofing, Damp ❑ Glass and Glazing ❑ Metal Windows ❑ Roofing & Flashing proofing, and Caulking S. EVALUATIONS: Number of Projects Evaluated: 36 Average Project Evaluation Rating: 92 Number of Projects Below Passing Score: 0 6. SUPPLIE DIVERSITY OFFICE ZIFICATION: N/A Freya S. Bernstein, Deputy General Counsel, for Carole J. Cornelison, Commissioner 0 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 6_