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HomeMy WebLinkAboutContract #: 005417 - From: To: - Exception - ExceptionTOWN OF NORTH ANDOVER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Raymond T Santilli Assistant Town Manager Mr. Jay Davis Drake, President Royal Steam Heater Company 499 Main Street, P.O. Box 427 Gardner, MA 01440 Dear Mr. Drake: 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, 1�0-7,o,d7�Cs,-_t-Z Raymond T. Santilli Assistant Town Manager Enclosure AIA Document A310TM -2010 Bid Bond CONTRACTOR: SURETY: (Mame, legal status and address) (Name, legal status and principal place Royal Steam Heater Company of business) 499 Main Street Fidelity and Deposit Company of Maryland Gardner, MA 01440 100 High Street, Suite 1300 & 1400 OWNER: Boston, MA 02110 (Name, legal status and address) Town of North Andover BOND AMOUNT: Five percent (5%) of the enclosed bid PROJECT: (Fame, location or address, and Project number, if any) School Department Administration Building Division 23 - HVAC 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 ( I ) 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 noticed 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. Whe furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bo Signed and sealed this 21st day of January, 2014 Royal Stea o any ci (Seal) OVitn ss) ivPair Preai nt nd eposit a of aryland tness) All lej Laurie A. Penniman Attorney -in -Fact CAU116N, You should ili°an an odgi ral AIA Co tract cunienin which this twttapps ars In RED. Ali orlgInal "Sums- thi t changes wtlt not b obscured. Init. AIA Document A310''"' "2010. Copyright® 1963, 1970 and 2010 by The American Institute of Architects. All.rights reserved. WARMUG, ThIs ARA' m Cbeuent is pmtocM Cy:U.S. CapVght Lavtand Intamatt+ nal Trienee: tJnaviboArad mpreduellon or dtsltrlbullcm bf this AIA* Doc.umenL Rr #try.portion or it lnay result In tevaro emend crtrtinal pwW1105i anq wall be lrrosvevtsd to the -maximum exient possfibw under tfie law. t Purchasers are permitted to reproduce ten {10) coples of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. 061110 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 THOMAS O. MCCLELLAN, 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 B. BATTAINI, Robert J. VAUDREUIL, John J. CAHILL, John W. KURKULONIS, JR., Darlene F. BESHAW and Laurie A. PENNIMAN, all of Worcester, Massachusetts, EACH its true and lawful agent and Attomey-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 19th day of February, A.D. 2013. ATTEST: �&,_ X), 15�-� ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND • i =r3 �o: SEALAwl U, ,v/� a e Assistant Secretary Vice President Eric D. Barnes Thomas 0. McClellan State of Maryland City of Baltimore On this 19th day of February, A.D. 2013, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, THOMAS O. MCCLELLAN, 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,1 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 063-4125A EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attomeys-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact 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 10th 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 by 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 2jaL day of . Tannar; , 20_..! . wa DLlpyy G�jI iNS(�e , OeEA le.DV�l'"ana Geoffrey Delisio, Vice President School Department Administration Building North Andover, MA FORM OF SUB -BID To All General Bidders Except those Excluded: (�o 9 S /�q_Q'te r 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 Division 23 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: 't*) lR Q, nzli dollars ($CCU For Alternate #1: Deduct $ N/A dollars ($ )• For Alternate #2: Add/ Deduct $ N/A dollars ($ )• For Alternate #3: Deduct $ N/A dollars ($ )• For Alternate #4: Deduct $ N/A dollars ($ )• For Alternate #5: Deduct $ N/A 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: (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 N/A N/A Class of Work Bid Price N/A N/A N/A (Do not give bid price for any class or part thereof furnished by undersigned.) N/A 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 124 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 (a) SEE ATTACHED Architect . General Contractor Amount of Contract FORM OF SUB -BID - 2 School Department Administration Building North Andover, MA (b) � (c) SES 4. Bank reference TD Bank, Gardner, MA 01440 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. January 21, 2014 Royal Steam Heater 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: and &fPerson Signing Bid Davis Drake, President 99 Main St PO Bog 427 Business Address Gardner, MA 01440 City and State I3i1li�[i�Y�l �:lUIIt3 School Department Administration Building North Andover, MA David G. Drake 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 Jay Davis Drake 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. Corporate Seal LDAWA Dkk---'j Secretary -Clerk David G. Drake January 20, 2014 Date CORPORATE BIDDER - 1 The Commonwealth of Massachusetts Executive Office for Administration and Finance Division of Capital Asset Management and Maintenance One. Ashburton Place Boston, Massachusetts 02108 L,, HVAC DEVAL L. PATRICK GLEN SHOR GOVERNOR Tel: (617) 727-4050 SECRETARY, ADMINISTRATION & Fax: (617) 727-5363 FINANCE TIMOTHY P. MURRAY CAROLE CORNELISON LIEUTENANT GOVERNOR COMMISSIONER Filed Sub -Bid i� Resilient Floors Certificate of Contractor Eligibility Glass and Glazing CONTRACTOR IDENTIFICATION NUMBER: 0084 This Certificate Shall Be Used for Submitting Filed Sub -Bids Only 1. CERTIFICATION PERIOD: This Certificate is valid from 1/6/2014 to 1/6/2015 2. CONTRACTOR'S NAME: Royal Steam Heater Company 3. CONTRACTOR'S ADDRESS: 499 Main Street / P.O. Box 427, Gardner, MA 01440 4. WORK CATEGORIES: This Contractor is certified to Ole bids under Massachusetts General Laws Chapter 149, Chapter 149A and Chapter 25A in the following checked Categories of Work: ❑ Acoustical Tile L,, HVAC [ Miscellaneous & Ornamental Iron Ll Terrazzo Electrical Work [l Lathing & Plastering [ Painting [_.] Tile [� Elevators [] Marble [; Plumbing [_] Waterproofing, Damp [dj Fire Protection Sprinkler Systems ,.,� Mason Work P Y Masonry i� Resilient Floors proofing, and Caulking p g g Glass and Glazing ] Metal Windows L; Roofing & Flashing S. EVALUATIONS: Number of Projects Evaluated: 54 Average Project Evaluation Rating: 94 Number of Projects Below Passing Score: 0 6. SUPPLI-ERDiVERS TY-COtICE CERTIFICATION: N/A an Grigsby, eneral Counsel, Approval Date Carole J. rnelison, 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