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HomeMy WebLinkAboutContract #: 005404 - From: To: - Exception - ExceptionTOWN OF NORTH ANDOVER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Raymond T Santilli Assistant Town Manager Ms. Catherine Andrade, Secretary CAM HVAC & Construction Inc 116 Lydia Ann Road Smithfield, RI 02917 Dear Ms. Andrade: 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, 07 -n'c( 'L+C)Q Raymond T. Santilli Assistant Town Manager Enclosure THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW .ALL MEN BY THESE PRESENTS, that we CAM HVAC & CONSTRUCTION, INC., of 116 Lydia Ann Road, Smithfield, Rhode Island as Principal, hereinafter called the Principal, and BERKLEY INSURANCE COMPANY a corporation duly organized under the laws of the State of Delaware as Surety, hereinafter called the Surety, are held and firmly bound unto TOWN OF NORTH ANDOVER, 120 Main. Street, North Andover, Massachusetts as Obligee, hereinafter called the Obligee, in the sum of Five Percent of the Amount of the Attached Bid Dollars ($5% of Bid), 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 Install New Roof Top Unit, Vav Boxes, Duct Work, Hot Water Boiler, Insulation, Controls Balancing 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 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 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 21St day of January, 2014. (Witness) t� t Witness CAM HytAC & CONSTRUCTION, INC. Principal) (Sea! BY: I. &'� JAV All Catherine S. Andrade, (Title) Secretary BERKLEY INSURANCE COMPANY (Surety) By: AIA DOCUMENT A310 • BID BOND • AIA® • FEBRUARY 1970 ED • THE AMERICAN i INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 No. BI- 7775 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. 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 P and appointed, and does by these presents make, constitute and appoint: David J. Byrne, Ill; Charles A. Byrne or Denise A. Chianese of Starkweather & Shepley, Inc. of East Providence, RI 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 N (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. Z 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 -6 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 w°= to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the 0 r - 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 manner and to the extent therein stated; and further ° RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and -r fiuther WRESOLVED, 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 E 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. y 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 LQ day of , 2013. UO o Attest: Berkley Insurance Company (Seal) By I By o Ira .Lederman YJ 7fwHafter Senior Vice President & Secretary nior ice President . En $ WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER. STATE OF CONNECTICUT) a) ss: COUNTY OF FAIRFIELD ) o fl Sworn to before me, a Notary Public in the State of Connecticut, this 1>z day of h&I 2013, by Ira S. Lederman and Jeffrey M. Hafter who are sworn to me to be the Senior Vice President and Secretary and the genior Vice resident, respectively, of Berkley Insurance Company. KATHLEENCORU NOTAAYPUBW dMEGW otary Public, State of Co �ExP OCItt01 1017 CERTIFICATE t 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 and that the authority of the Attorney -in -Pact set forth therein, who executed the bond or undertaking to which this.Po:�wrr of 3 Attorney is attached, is in full force and effect as of this date. y, y Given under my hand and seal of the Company, this o�/ day of (Seal) Tum J 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. School Department Administration Building North Andover, MA FORM OF SUB -BID To All General Bidders Except those Excluded: 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 230010 -HVAC 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: �fAn SC. n �*4ollars ($ �3 7) T 6 0 0 . G0 ). For Alternate #1: Deduct $NCHANGE .�...O CHANGE ....._...�....-.....___.............��..�.._.._. dollars ($ ..�._..._................NO __..,_. ). For Alternate #2: Add/ NO CHANGE ( NO CHANGE Deduct $ �.. ,.�.w_...._..�....._ dollars $ For Alternate #3: Deduct $ NO CHANGE( NO CHANGE �._...._�. dollars $.._..._.............____ u. For Alternate #4: Deduct $ For Alternate #5: Deduct $ NO CHANGE NO CHANGE dollars ($ __,,,_NO CHANGE ) dollars $ (: NO CHANGE _ _------.w.�. �-..u-.--...�.. B. This sub -bid includes addenda numbered ... __...._1.........._ ........................ C. This sub -bid 0 may be used by any general bidder except, N/A 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 S*bmml Department Administration Building North Andover, MA Kang Associates, Inc. January 2.2O14 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 ofall persons, firms and corporations to the undersigned labor mlabor and materials for the class classes part thereof work for whichthmNkm of the section ofthe 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 N/A N/A NN/A (Do not give bid price for any class or part thereof furnished by undersigned.) The undersigned agnsesUha the above list ofbids 0othe undersigned n*prouontsbonaUd*bida based onthe harairibuho^udescribed plans, epmifipeUonaand addenda and that, ifthe undersigned ioawarded the contract, they will beused for the work indicated a\the same amounts stated, V satisfactory 0othe awarding authority. G. The undersigned further agrees tobebound to the general contractor bythe 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 anevidence ufhis qualifications 0nperform the work as bid upon according toall the requirements of the plans and specifications: 1. Have been inbusiness under present business name _40 years. 2, Ever failed tocomplete 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 o/Contract uAuTopnxaRvzLLE COMM. SCHOOL mAGoouEoRoor GILBANE $4,625,122.00 School Department Administration Building North Andover, MA JOHN D. RUNKLE (b) SCHOOL DESIGN PARTNERSHIP EASTON MIDDLE (c) SCHOOL KAESTLE BOOS G & R CONSTRUCTION Kang Associates, Inc. January 2, 2014 $3,562,182.00 BRAIT BUILDERS $3,322,189.84 4, Bank reference CITIZENS BANK 401-885-5893 (STEVE MILLER) 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 CAM HVAC & CONSTRUCTION INC. Date (Name of Sub -Bidder) By: aA va ) � Signature and Title of Person Signing Bid CATHERINE S. ANDRADE, SECRETARY 116 LYDIA ANN ROAD Business Address 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 SMITHFIELD, RI 02917 City and State FORM OF SUB -BID - 3 CERTIFICATE OF VOTE At a duly authorized meeting the Board of Directors of the CAM HVAC & CONSTRYUCTION INC. held on 1/21/14 it was VOTED, TI IXr CATHERINE S. ANDRADESECRETARY (Name) (Officer) CAM HVAC & Of CONSTRUCTION INC. be and hereby is authorized to execute contracts and bands in CAM HVAC & the name and on behalf of said CONSTRUCTION INC. , and affix its corporate seal hereto; CAM HVAC & and such execution of any contract or obligation in the name of__CONSTR.UCTLO.NIlC, on CAM HVAC & its behalf by such of icer under seal of CONSTRUCTION INC. m_, shall be valid and binding CAM HVAC & upon CONSTRUCTION INC. CAM HVAC & I hereby certify that I am the clerk of the above named CONSTRUCTION INC. ............ ..... and that. CATHERINE S. ANDRADE is the duly elected officer as above of said _....._..._...._..................._.................... _........ ........ ................................ CAM HVAC & CONSTRUCTION INC.___, and that the above vote has not been amended or rescinded and remains in frill force and effect as the slate of this contract. 1/21/14 (Date) L9a& (Clerk) JAIME DELLA MORTE, CLERK C:enitication of the Corporate Clerk: � p M School Department Administration Building North Andover, MA FOREIGN CORPORATIONS CERTIFICATION AFFIDAVIT OF COMPLIANCE Form AF -4A 1178 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE The Commonwealth of Massachusetts Massachusetts Business Corporation Non-profit Corporation X Foreign (non -Massachusetts) Corporation I CATHERINE S. ANDRADE Kang Associates, Inc. January 2, 2014 PRESIDENT Xt Clerk of CAM HVAC & CONSTRUCTION INC. (Name of Corporation) whose principal office is located 116 LYDIA ANN ROAD SMITHFIELD RI 02917 do hereby certify that the above named Corporation has filed with the State Secretary all certificates and annual reports required by Chapter 1568, Section 109 (Business Corporation), by Chapter 181, Section 4 (Foreign Corporation), or by Chapter 180, Section 26A (non-profit Corporation) of the Massachusetts General Laws. SIGNED UNDER THE PENALTIES OF PERJUR his 2 ST day o#._.JANUARY......_,.... 20 Signature of responsible Corporate Officer _. �� .�. � ._...........�_.._ CATHERINE S. ANDRADE, SECRETARY 001811 Leh i e • CERTIFICATION LABOR HAMMONY 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. "d.11,1i Signatur w / Date 1/21/14 CATHERINE S. ANDRADE, SECRETARY CAM HVAC & CONSTRUCTION INC. Print Name & Title 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. F, m M=1 WNW, a WIN, fiffff, IRAN 1AA1184FT001% FV*6f&'V • MIA- - CATHERINE S - AND RADE,SECRETARY — CAM HVAC & CONSTRUCTION INC. Print Name & Title Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws,, Section 49A (b), I CATHERINE S. ANDRADE authorized signatory for CAM HVAC & CONSTRUCTION INC. Name of individual JNlaine qfcontractor 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. Aaw ........ J.. ........... - 0- �� - Signature Date CATHERINE S. ANDRADE, SECRETARY U1 . - ' . School Department Administration Building Kang Associates, Inc. North Andover, MA January 2, 2014 CERTIFICATE OF CORPORATE BIDDER [JAIME DELLA MORTE certify that |amthe CLERK ' ofthe corporation named omBidder in the Bid Form, and that who signed the Bid Form on behalf ufthe Bidder was then the of said corporation and that | know his oi ture| that his signature thereto is genuine andthat the Bid Form was duly signed, sealed and executed for and in behalf of said corporation by authority of its governing body. Corporate Seal JAIME DELLA MORTECLERK JANUARY 2120l4 C. 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: 0842 GLEN SHOR SECRETARY, ADMINISTRATION & FINANCE This Certificate Shall Be Used for Submitting Filed Sub -Bids Only CAROLE CORNELISON COMMISSIONER 1. CERTIFICATION PERIOD: This Certificate is valid from 10/25/2013 to 10/25/2014 2. CONTRACTOR'S NAME: CAM HVAC & Construction, Inc. 3. CONTRACTOR'S ADDRESS: 116 Lydia Ann Road, Smithfield, RI 02917 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 u HVAC ❑ Miscellaneous & Ornamental Iron ❑ Terrazzo ❑ Electrical Work ❑ Lathing & Plastering ❑ Painting ❑ Tile ❑ Elevators ❑ Marble G 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: 16 Average Project Evaluation Rating: 92 Number of Projects Below Passing Score: 0 6. SUPPLI IV SITY FICE CERTIFICATION: N/A A. aran Grig y, General Counsel, Approval Date for Carole J Cornelison, Commissioner NU I E TU CONTRACTORS—CamWete 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 VIS