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HomeMy WebLinkAboutContract #: 005640 - From: To: - Exception - ExceptionRaymond T Santilli Assistant Town Manager TOWN OF NORTH ANDOVER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 March 5, 2014 Ms. Maureen Dagle, President Dagle Electrical Construction Corporation P.O. Box 760982 Melrose, MA 02176 Dear Ms. Dagle: 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, 0-7 Raymond T. Santilli Assistant Town Manager Enclosure L Document A310 TM - 2010 Conforms with The American Institute of Architects AIA Document 310 Bid Bond CONTRACTOR: ('b'rnrte, legcrl.rlalrte mrd rrddi er.�) Dagle Electrical Construction Corp. 285 Salem Street Woburn, MA 01801 OWNER: Warrre, legal status and address) Town of North Andover 120 Main Street North Andover, MA 01845 SURETY: (N'anre, legal slatrrr mrd principal place a f 1mviness) Great American Insurance Company 301 East Fourth Street Cincinnati, OH 45202 Mailing Address for Notices Same as Above BOND AMOUNT: $ 5% Five Percent of Amount Bid PROJECT: (,b'anre, location or address and Project number. if any) Electrical - School Department Administration Building 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 O%vner, for the faithful performance of such Contract and for tho prompt payment of labor and material furnished in the prosecution thereof, or (2) pays to the Owner the ditTerence, not to exceed the amount of this Bond, between the amount specified in said bid and such Iarger amount for which the Owner may in good faith contract with another party to perlbrtu the work covered by said bid, then this obligation shall be null and void, otherwise to remain in 1'611 liorce and ellect. The Surely hereby waives any notice ol'an agreement between the Owner and Contractor to extend the lime in which the Owner Wray accept the bid. Waiverol*notice by lite Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time torr acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surely's consent Iiir 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 litmished to comply with a statutory or other legal requirement in the location ol'lhe Project. any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted hereliom and provisions conlbmring 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 bund and not as a common law bond. Signed and scaled this 16th day of January, 2014 (witness) o � a (lnnress) lane oraski S-0054/AS 8110 Dagle Electrical Construction Corp (Principal) (Seal) B • 7. (lisle) 14aa&�/e- - PrPsi e� t Great American Insurance Com ('Vllrvoj , (Tille) GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 301 E 4th STREET - CINCINNATI, OHIO 45202.513-369.5000 - FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than 1 No. 0 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than one is named, its true and lawful attorney-in-fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power Kathleen M Flanagan Boston MA $75,000,000.00 Surety Bond No.: Bid Bond Principal: Dagle Electrical Construction Corp. Obligee: Town of North Andover This Power of Attorney revokes all previous powers issued on behalf of the attorneys) -in -fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 16th day of January , 2014 Attest GREAT AMERICAN INSURANCE COMPANY 44"C "d -le Au� • Assistant Secretary Divisional Senior Vice President STATE OF OHIO, COUNTY OF HAMILTON - ss: DAVID C. wrCHtN (513.412-4602) On this 16th day of January 2014 , before me personally appeared DAVID C. KITCHIN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. KAREN L GRMWM NOTARY PUBLIC, STATE OF OHIO • MY COMMIS" EXPIRE$ 02.010 • r This Power of Attorney is granted by authority of the following resolutions adopted by the Board. of Directors of Great American Insurance Company by unanimous written consent dated June 9, 2008. RESOLVED: That the Divisional President, the several Divisional Senior Vice Presidents, Divisional Vice Presidents and Divisional Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof, to prescribe their respective duties and the respective limits of their authority, and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract of suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affrxed CERTIFICATION I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect. Signed and scaled this 16th day of January , 2014 S1029AC (13411 i) 44... Assistant Secretary School Department Administration Building North Andover, MA FORM OF SUB -BID To All General Bidders Except those Excluded: Da� I e t le 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 DVdl.5Ian 26 - Z-/eclkal 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: %rvaf1u2dreciS'iX�y�iC)/i�/�jal/.�4nC�- dollars ($ 269 E19H yu�4'rcd For Alternate #1: Deduct $ zero dollars ($ 0 For Alternate #2: Add/ ,Zero Deduct $ For Alternate #3: Deduct $ Zero dollars ($ --.!2- dollars Odollars ($ 0 For Alternate #4: Deduct $ 017e 7l ouSo 2 � h?117 drec dollars ($ acc%l /'800''V.0 For Alternate #5: Deduct $ j wen6our ouscrng� dollars ($ deducf 2 000. od 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: j azI '- 'anckCa/ Cor (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.) a. 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 `r years. 2. Ever failed to complete any work awarded? 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) A6AI llall Architect . General Contractor Amount of Contract Ae/6/, B/ode/ !��/% Dimto 4� ;?4 /ZG Z�lo FORM OF SUB -BID - 2 School Department Administration Building North Andover, MA Kang Associates, Inc. January 2, 2014 (b) 44 -Pit' 60SIO17 /coa Zkhlyeek& 01;W& 6044ad Ag.59G, /9/ (c) Allmme , . 10P. Sd Saaet * Assce . ,Baia edyz aie 4. Bank reference 81id aI �a1 l3os�na, A9q 7- eldy ` 7S176 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. Ile/ 2a/11-70le E/ecfnca/ 6'00-4a6kk CO, -,D. Date (Name of Sub -Bidder) SUB -BIDDER'S CHECKLIST: ✓ Addenda Recognized ✓ Bid Deposit DCAM Certificate of Eligibility V Sub -Bidder Update Statement Z Certificate of Corporate Bidder Signature and Title of erso Signing Bid PO 000 74i0 9B2 Business Address 9e os ', 1-44 9,01-76City and State FORM OF SUB -BID - 3 School Department Administration Building Kang Associates, Inc. North Andover, MA January 2, 2014 CERTIFICATE OF CORPORATE BIDDER 1, ti%aree -2 P. Dace/c certify that I am the '- /eri of the corporation named as Bidder in the Bid Form, and that V,2411e&7 who signed the Bid Form on behalf of the Bidder was then the Prllfid. 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. jqo?/r &'�l C'o�s ucfia� �a� Corporate Seal Secretary -Clerk �2i 2el D to CORPORATE BIDDER - 1 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 Z.OIL201�1 Print Name & Title Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I �'%au/Gen P. authorized signatory for pac/% E/ec/»Cal ConSfi't/Gfion Name of individual f Name of contractor Co/ 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. / 2/ 20/ Date OPERATIONAL SERVICES DIVISION SUPPLIER DIVERSITY OFFICE Reginald Nunnally Executive Director April 25, 2012 Ms. Maureen Dagle Dagle Electrical Construction Corp. P 0 Box 760982 Melrose, MA 02176 Dear Ms. Dagle: THE COMMONWEALTH OF MASSACHUSETTS Executive Office for Administration and Finance OPERATIONAL SERVICES DIVISION One Ashburton Place, Suite 1017 Boston, MA 02108-1552 Deval L. Patrick Governor Timothy -P. Murray-- - Lieutenant Governor Jay Gonzalez Secretary Gary J.. Lambert Assistant Secretary for Operational Services The Supplier Diversity Office (SDO) is in receipt of your certification renewal information (application). This consists of your request to renew the certification of Dagle Electrical Construction Corp. and the required certification renewal information and documentation. Accordingly, SDO has updated your file with this information and documentation. No substantive review of your company was done at this time. This letter serves as sole and exclusive proof 'of your firm's -SDO certification. Based on .your certification renewal information (application), the certification of Dagle Electrical Construction Corp. as a_ woman -owned; business enterprise (WBE) with the business description of COMMUNICATION LINE AND RELATED STRUCTURES'CONSTRUCTION INCLUDING: SUBSTATIONS, POWER PLANTS AND SOLAR -POWER; TRAFFIC SIGNAL INSTALLATION AND MAINTENANCE; ELECTRICAL AND GENERAL CONTRACTOR WORK AS IT RELATES TO TRANSPORTATION INCLUDING: TRAFFIC SIGNAL SYSTEMS; HIGHWAY AND STREET LIGHTING; INTERSECTION IMPROVEMENTS; AND'INTELLIGENT TRANSPORTATION SYSTEMS has been renewed effective the date of this letter. The company will remain listed in the SDO Directory of certified businesses and The Massachusetts Central Register, which is published by the Office of the Secretary of State unless its certification is revoked. Unless revoked, this certification will last for a period of two years. and.will automatically expire as of May 2, 2014, unless by that date, the certification of the company is renewed. again or the company is recertified. To renew the company's certification at that time, you will need to submit the following information to SDO no later than 30 business days prior to May 2, 2014. 1) All company financial statements since the date of the company's then. most recent SDO certification; 2) A signed copy of all U.S. Tax Returns and Schedules since the date of the company's then most recent SDO renewal; 3) Corporations must submit all Annual Reports/Letters of Good Standing filed with the Secretary of (YOUR) State since the date of the. company's then most recent renewal; and PLEASE NOTE THAT.THE FOLLOWING ITEMS 4-6 CAN BE COMBINED ON ONE NOTARIZED STATEMENT 4) A notarized statement that indicates: °I certify under the pains and. penalties of perjury that no significant changes affecting eligibility as a certified Minority/Minority-Women/Woman business enterprise have occurred since the date of the Tel: (617) 720-3300 TDD: (617) 727-2716 Fax: (617) 727-4527 www.mass.gov/osd n Follow us on Twitter: @Mass_OSD Page 2 ---- .. --- - - -- - _.._ - -- ------------- company's then most recent date of SDO certification as defined in State regulations 425 CMR 2.00 The Massachusetts Supplier Diversity Office." . 5) A notarized statement that indicates either "A or B" as referenced below, A. "I certify under the pains and penalties of perjury that (Insert your Company Name) has not received any contract(s) as a result of having been SDO certified." B. "I certify under the pains and penalties of perjury that: (Insert your Company Name) has received a contract(s) as a result of having been SDO certified." List all contract names, contract amounts and the names of the agencies with which you have contracted from the.date of your last SDO renewal." 6) A notarized statement that indicates: "I certify under the pains and penalties of perjurythat (Insert your Company Name) has (number) of employees for each year end given; include owner(s)." Furthermore, you have a continuing duty to notify SDO of a change in any information that is relevant to the firm's certification eligibility and to ensure that the information and documentation relied upon by SDO to certify or to maintain the certification of the business enterprise is accurate, complete and not misleading. You are required to notify SDO in writing of any change of such information or documentation within thirty calendar days. By way of example and not limitation., any change in ownership, control, investment, ongoing or independence may be considered material. Failure to abide by the continuing duty requirements shall constitute grounds for the business entity's decertification. Additionally, every six years, certified companies that wish to remain certified must undergo a substantive review of their certification status with a SDO certification specialist who will re-evaluate the company to determine whether it continues to meet the applicable certification criteria. If you wish to recertify your company when it becomes due for substantive review, you will need to submit the. applicable recertification application and all required information and documentation to SDO no later than forty-five (45) business days prior to the date of certification expiration (i.e., the recertification date). At that time, a certification specialist will be assigned to evaluate your company and will make a report and recommendation to the Certification Committee (CC.) on whether or not the: company continues to meet the applicable certification criteria. As provided above in 425 CMR 2.00, if your company has a change of address or telephone number, please send a signed letter within thirty days of the change on company letterhead to notify SDO of the new address or telephone number. During the period of your certification, if you have any further questions regarding your certification renewal, please direct them to Ms. Nedra D. White, Certification Specialist, at (617) 502-8852. Very truly yours, Reginald A. Nunnally Executive Director 10, The Commonwealth of Massachusetts Executive Office for Administration and Finance Division of Capital Asset Management and Maintenance One Ashburton Place Boston, Massachusetts 02108 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 Certificate of Contractor Eligibility CONTRACTOR IDENTIFICATION NUMBER: 1441 This Certificate Shall Be Used for Submitting Filed Sub -Bids Only 1. CERTIFICATION PERIOD: This Certificate is valid from 4/25/2013 to 4/25/2014 2. CONTRACTOR'S NAME: Dagle Electrical Construction Corp. 3. CONTRACTOR'S ADDRESS: 285 Salem Street, Woburn, MA 01801 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 EVI 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: 8 Average Project Evaluation Rating: 92 Number of Projects Below Passing Score: 0 6. SUPPLIER DIVERSITY OFFICE TIFICATION: N/A Freya S. Berns ein, Deputy General Counsel, Approval Date for Carole 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 m result in a gap in Certification or a lapse in Certification altogether for your company. Reviewer's Initia