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HomeMy WebLinkAboutContract #: 014117 - From: To: - Exception - Town of North Andover4 TOWN OF NORTH ANDOVER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 September 25, 2012 The Town of North Andover has decided to cancel the current Invitation for Bids — Fire Sprinkler Systems Services issued on September 18, 2012. The Town intends to reissue the Invitation for Bids for this specific work in late October 2012. Andrew W. Maylor Town Manager TOWN OF NORTH ANDOVER INVITATION FOR BIDS FIRE SPRINKLER SYSTEM SERVICES Contact Address Telephone Number: Fax Number: Email September 18, 2012 Ray Santilli Assistant Town Manager 120 Main Street North Andover, MA 01845 978-688-9516 978-688-9556 rsantilli@townofnorthandover.com Table of Contents 1. Introduction.......................................................... 3 2. Submission Deadline and Instructions ............................ 3 3. Questions, Addendum or Proposed Modifications .............. 4 4. Minimum Requirements ............................................. 5 5. Scope of Services...................................................... 5 6. Estimated Quantities ................................................ 7 7. Evaluation of Bids ...................................................... 7 8. Term of Contract ..................................................... 8 Appendix A — Price Proposal ........................................ 9 Standard Town of North Andover Contract With Supplement "S .. ............................................. 11 Certifications........................................................... 23 Town of North Andover IFB Page 2 of 24 Fire Sprinkler System Services 1. Introduction The Town of North Andover is soliciting bids from qualified contractors to conduct annual testing and on-call service and maintenance of fire sprinkler systems in all municipal and school buildings and projects. Qualified contractors are requested to submit bids to the Assistant Town Manager at North Andover Town Hall, 120 Main Street, North Andover, MA, in accordance with the instructions contained within this Invitation for Bids. The Town of North Andover is seeking to award a three-year contract for the period of November 1, 2012 through October 31, 2012. Notice of this IFB is published in the Goods and Services Bulletin, which is a weekly publication of the Office of the Secretary of the Commonwealth, the Eagle -Tribune (a newspaper of general circulation) and posted on the Town website (www.townofnorthandover.com) under "Bids, Quotes and Proposals". The Town will accept proposals delivered in person or by mail. All proposals must be received by 2:00 p.m. on Thursday, October 11, 2012 to be considered. Proposals submitted by fax or by electronic mail will not be considered. All proposals must be submitted to: Mr. Ray Santilli, Assistant Town Manager North Andover Town Hall 120 Main Street North Andover, MA 01845 The Town of North Andover may cancel this IFB or reject in whole or in part any and all proposals, if they determine that cancellation or rejection serves the best interest of the Town of North Andover. 2. Submission Deadline and Instructions Qualified companies are requested to submit the pricing proposal sheet (Appendix A) in a sealed envelope marked "Fire Sprinkler System Services" with the applicant's name and address on the front. Applicants should provide one (1) signed original proposal. Fax or electronic submissions will not be accepted. Applicants must also execute and include in the sealed submission the Certificate of Vote, Certificate of Non -Collusion, and the Certificate of Tax Compliance. The Town of North Andover, through the Town Manager, is the awarding authority and reserves the right to reject any and all proposals or parts of proposals; to waive any defects, information, and minor irregularities; to accept exceptions to these specifications; and to award contracts or to cancel this Invitation for Bids if it is in the Town of North Andover's best interest to do so. Proposals must be signed as follows: a) if the bidder is an individual, by her/him personally; b) if the bidder is a partnership, by the name of the partnership, followed by the signature of each general partner; and c) if the bidder is a corporation, by the authorized officer, whose signature must be attested to by the Clerk/Secretary of the corporation and the corporate seal affixed. Town of North Andover IFB Page 3 of 24 Fire Sprinkler System Services All sealed proposals must be received and registered by the Assistant Town Manager's office by Thursday, October 11, 2012 at 2:00 p.m. All outer envelopes must be labeled "Fire Sprinkler System Services" and mailed or hand delivered to the following address: Mr. Ray Santilli, Assistant Town Manager North Andover Town Hall 120 Main Street North Andover, MA 01845 No proposals will be accepted after the time and date noted. Late delivery of materials due to any type of delivery system shall be cause for rejection. If on the date and time of the submittal deadline the North Andover Town Hall is closed due to an uncontrolled event such as fire, snow, ice, wind or building evacuation, the submittal deadline will be postponed until 2:00 p.m. on the next normal business day. 3. Questions, Addendum or Proposal Modification Questions concerning this IFB must be submitted in writing to: Mr. Ray Santilli, Assistant Town Manager, 120 Main Street North Andover, MA 01845, or they may be emailed to Mr. Santilli at rsantilli@townofnorthandover.com. All questions/inquiries must be received by 4:30 p.m. on Tuesday, October 2, 2012 to be considered. Questions/inquiries may be delivered, mailed, emailed or faxed. Written responses will be posted on the Town's website (www.townofnorthandover.com) in "Bids, Quotes and Proposals" by Thursday, October 4, 2012 at 2:00 p.m. If any changes are made to this IFB, an addendum will be posted on the Town's website in "Bids, Quotes and Proposals". It is the sole responsibility of the bidder to ascertain the existence of any addenda and/or modifications issued by the Town. As this IFB has been published on the Town's website (www.townofnorthandover.com) all bidders are responsible for checking the website for any addenda and /or modifications that are subsequently made to this IFB. The Town accepts no liability for and will provide no accommodations to bidders who fail to check for amendments and/or modifications to this IFB and subsequently submit inadequate or incorrect responses. Bidders may not alter (manually or electronically) the IFB language or any IFB component files. Modifications to the body of the IFB, Scope of Work, terms and conditions, or which change the intent of this IFB are prohibited and may disqualify a response. All proposals submitted in response to this IFB shall remain firm for sixty (60) days following the submittal deadline. It is anticipated that the contract will be awarded within thirty (30) days after the submittal deadline. Bidders are not to communicate directly with any employee of the Town of North Andover, except as specified in this IFB, and no other individual employee or representative is authorized to provide any information or respond to any question or inquiry concerning this IFB. Town of North Andover IFB Page 4 of 24 Fire Sprinkler System Services Bidders may contact the Contact Person for this IFB in the event this IFB is incomplete or the bidder is having trouble obtaining any part of the IFB electronically through the Town website (www.townofnorthandover.com), including, and without limitation the form and attachments. Bidder with disabilities or hardships that seek reasonable accommodations, which may include the receipt of IFB information and/or addenda and/or modifications in an alternative format, must communicate such requests in writing to the contact person, and reasonable accommodation will be made by agreement with the contact person on behalf of the Town of North Andover. 4. Minimum Requirements Each bidder must demonstrate that it meets the following minimum requirements: A. Contractor must demonstrate a minimum of five (5) years experience providing the services required in the Scope of Services. B. The contractor shall be one whose primary business is fire sprinkler system service and who can furnish an adequate labor force to provide 24-hour service, 365 days per year. C. Contractor shall submit a complete list of all contracts performed in the past two (2) years with contact names and telephone numbers. D. Contractor shall include a listing of emergency off -hours contact names and telephone numbers as well as a statement of availability on a 24/7 basis. E. Prices shall remain firm for the entire period of the contract. F. Submission of required statements and forms. 5. Scope of Services A. Locations The contractor will supply all labor, materials and equipment to conduct annual testing and on-call service and maintenance of fire sprinkler systems at existing municipal and school buildings including: Town Hall, 120 Main Street Senior Center, 120R Main Street Youth Center, 33 Johnson Street Police Station, 1475 Osgood Street Fire Station 1, 124 Main Street Water Treatment Plant, 420 Great Pond Road Steven's Estate, 723 Osgood Street Stevens Memorial Library, 345 Main Street Early Childhood Center, 113 Phillips Brook Road Town of North Andover IFB Page 5 of 24 Fire Sprinkler System Services Kittredge Elementary School, 601 Main Street North Andover High School, 430 Osgood Street North Andover Middle School, 495 Main Street Sargent Elementary School, 300 Abbott Street Thomson Elementary School, 266 Waverly Road B. Testing 1) Annual testing of all municipal and school buildings will be coordinated with the Facilities Management Director. 2) Testing of municipal buildings will be performed during regular business hours (Monday through Thursday from 8:00 a.m. to 4:30 p.m. and Friday from 8:00 a.m. to 12:00 noon). 3) Testing of school buildings will be performed during non -school hours. 4) The selected contractor is required to notify the Fire Department, E-911 Dispatch, and the respective private sprinkler company of the testing. 5) All testing will be in conformance to current NFPA standard. 6) The contractor shall furnish all labor, materials, and equipment as required for work in accordance with this scope of services. C. On-call Service and Maintenance 1) Work will be through an "on call" process when conditions warrant these services and could require working on emergency situations. 2) On-call service and maintenance shall consist of trouble shooting and identification of fire sprinkler system problems and issues. Contractor will be required to repair or replace defective equipment, wiring and/or devices. 3) The contractor shall furnish all labor, materials, and equipment as required for work in accordance with this scope of services. 4) Unless it is an emergency call, the contractor shall be required to be available, at no cost to the Town during the business day, at times mutually convenient to himself and a representative of the Town, for consultation regarding potential work, to visit work locations and to prepare estimates. 5) Unless it is an emergency call, the contractor shall provide a written estimate of time required to complete the requested work prior to beginning work. Work shall be authorized by the Town through the issuing of a Purchase Order or written authorization from the Town's representative. If an emergency call, a verbal request by the Town's representative, with written authorization to follow, is sufficient. Town of North Andover IFB Page 6 of 24 Fire Sprinkler System Services 6) The contractor shall confirm with the Town's representative to determine the exact location of the work. After work is completed, contractor shall provide a signed receipt indicating the work completed, hours of work and material purchased/used. This receipt is to be attached to the invoice as certification that work was performed. 7) If the contractor finds upon examination of the assigned job that the work will entail additional expenses beyond originally authorized, the contractor should contact the Town's representative for authorization prior to proceeding with the work. 8) All material and debris shall be cleaned up immediately and removed from the building, leaving the premises in a clean condition. 6. Estimated Quantities The quantities listed in Appendix A are simply estimates for bid purposes only. The Town will not be obligated to commit to any specific quantity of hours during the period of the contract. 7. Evaluation of Bids Bids will first be examined for their responsiveness to what is requested in this IFB. Responsibility of the bidder will then be ascertained. Finally, the aggregate price for the services delivered by each responsive and responsible bidder will be calculated for the entire period of the proposed contract. The Town is required to award the contract to the lowest responsive and responsible bidder. ■ Responsiveness Bidders must completely fill out and submit the bid form and all other required forms. All supplies and services that are the subject of the bid must meet the minimum standards and scope of services set forth in the purchase description including the standards by which the procurement officer will determine acceptability as to quality, workmanship, results of inspections and tests, and suitability for a particular purpose. ■ Responsibility Bidders must demonstrate that they meet measures of responsibility. The Town will not award a contract to any bidder who cannot furnish satisfactory evidence of his ability and experience in this type of work and that he has sufficient plant and capital to enable him to prosecute and complete the work as outlined in the Specifications. The Town may make such investigations as it deems necessary to determine the above and a bidder shall furnish any information requested in this regard. All costs not listed on the bid price sheet will not be considered part of the contract and therefore will not be paid. The Town of North Andover will not be charged fuel surcharges or administrative fees as part of any contract entered into as a result of this IFB. Additionally the Town of North Andover IFB Page 7 of 24 Fire Sprinkler System Services Town of North Andover will not be charged late fees unless payment is not made within sixty (60) days of the receipt of invoice. The Town of North Andover is a tax exempt entity so no sales tax will be assessed to any purchases made under this proposed contract. 8. Term of Contract The Town of North Andover is seeking to award a three-year contract for the period of November 1, 2012 through October 31, 2013. The successful bidder will be required to execute the standard Town of North Andover contract and the appropriate supplement as attached. Town of North Andover IFB Page 8 of 24 Fire Sprinkler System Services APPENDIX A - PRICE PROPOSAL The Contract will be awarded to the responsible, responsive bidder offering the lowest aggregate price for the entire period of the proposed contract. All prices are to remain firm for the duration of the Contract. November 1. 2012 through October 31. 2013 uantit Unit Price (per hour) Total Price On-call Service/Maintenance 400 hours $ $ Emergency Calls 100 hours $ $ (non -business hours) Annual Testing of all municipal and school buildings $ 1St YEAR TOTAL $ All materials and supplies invoiced at contractor's cost plus % November 1, 2013 through October 31, 2014 uantit On-call Service/Maintenance 400 hours Emergency Calls 100 hours (non -business hours) Annual Testing of all municipal and school buildings Unit Price (per hour) Total Price 2 n YEAR TOTAL $ All materials and supplies invoiced at contractor's cost plus % Town of North Andover IFB Page 9 of 24 Fire Sprinkler System Services November 1. 2014 through October 31. 2015 uantit Unit Price (per hour) Total Price On-call Service/Maintenance 400 hours $ $ Emergency Calls 100 hours $ $ (non -business hours) Annual Testing of all municipal and school buildings $ 3rd YEAR TOTAL $ All materials and supplies invoiced at contractor's cost plus % GRAND TOTAL $ Addenda Business Name Business Address Business Phone are acknowledged: Signature Fax Name of Person Authorized to sign Price Proposal Title of Person Authorized to sign Price Proposal Signature of Above Person Town of North Andover IFB Page 10 of 24 Fire Sprinkler System Services Town of North Andover CONTRACT CONTRACT# DATE: This Contract is entered into on, or as of, this date by and between the Town of North Andover (the "Town"), and Contractor: Address: Telephone Number: _ Fax Number: 1. This is a Contract for the procurement of the following: 2. The Contract price to be paid to the Contractor by the Town of North Andover is: 3. Payment will be made as follows: 4. Definitions: 4.1 Acceptance: All Contracts require proper acceptance of the described goods or services by the Town of North Andover. Proper acceptance shall be understood to include inspection of goods and certification of acceptable performance for services by authorized representatives of the Town to insure that the goods or services are complete and are as specified in the Contract. Town of North Andover IFB Page 11 of 24 Fire Sprinkler System Services 4.2 Contract Documents: All documents relative to the Contract including (where used) Instructions to Bidders, Proposal Form, General Conditions, Supplementary General Conditions, General Specifications, Other Specifications included in Project Manual, Drawings, and all Addenda issued during the bidding period. The Contract documents are complementary, and what is called for by any one shall be as binding as if called for by all. The intention of the document is to include all labor and materials, equipment and transportation necessary for the proper performance of the Contract. 4.3 The Contractor: The "other party" to any Contract with the Town. This term shall (as the sense and particular Contract so require) include Vendor, Contractor, Engineer, or other label used to identify the other party in the particular Contract. Use of the term "Contractor" shall be understood to refer to any other such label used. 4.4 Date of Substantial Performance: The date when the work is sufficiently complete, the services are performed, or the goods delivered, in accordance with Contract documents, as modified by approved Amendments and Change Orders. 4.5 Goods: Goods, Supplies or Materials. 4.6 SubContractor: Those having a direct Contract with the Contractor. The term includes one who furnished material worked to a special design according to the Drawings or Specifications of this work, but does not include one who merely furnishes material not so worked. 4.7 Work: The services or materials contracted for, or both. 5. Term of Contract and Time for Performance: This Contract shall be fully performed by the Contractor in accordance with the provisions of the Contract Documents on or before , unless extended pursuant to a provision for extension contained in the Contract documents at the sole discretion of the Town, and not subject to assent by the Contractor, and subject to the availability and appropriation of funds as certified by the Town Accountant. The time limits stated in the Contract documents are of the essence of the Contract. 6. Subject to Appropriation: Notwithstanding anything in the Contract documents to the contrary, any and all payments which the Town is required to make under this Contract shall be subject to appropriation or other availability of funds as certified by the Town Accountant. In the absence of appropriation, this Contract shall be immediately terminated without liability for damages, penalties or other charges. Town of North Andover IFB Page 12 of 24 Fire Sprinkler System Services 7. Permits and Approvals: Permits, Licenses, Approvals and all other legal or administrative prerequisites to its performance of the Contract shall be secured and paid for by the Contractor. 8. Termination and Default: 8.1 Without Cause. The Town may terminate this Contract on seven (7) calendar days notice when in the best interests of the Town by providing notice to the Contractor, which shall be in writing and shall be deemed delivered and received when given in person to the Contractor, or when received by fax, express mail, certified mail return receipt requested, regular mail postage prepaid or delivered by any other appropriate method evidencing actual receipt by the Contractor. Upon termination without cause, Contractor will be paid for services rendered to the date of termination. 8.2 For Cause. If the Contractor is determined by the Town to be in default of any term or condition of this Contract, the Town may terminate this Contract on seven (7) days notice by providing notice to the Contractor, which shall be in writing and shall be deemed delivered and received when given in person to the Contractor, or when received by fax, express mail, certified mail return receipt requested, regular mail postage prepaid or delivered by any other appropriate method evidencing actual receipt by the Contractor. 8.3 Default. The following shall constitute events of a default under the Contract: 1) any material misrepresentation made by the Contractor to the Town; 2) any failure to perform any of its obligations under this Contract including, but not limited to the following: (i) failure to commence performance of this Contract at the time specified in this Contract due to a reason or circumstance within the Contractor's reasonable control, (ii) failure to perform this Contract with sufficient personnel and equipment or with sufficient material to ensure the completion of this Contract within the specified time due to a reason or circumstance within the Contractor's reasonable control, (iii) failure to perform this Contract in a manner reasonably satisfactory to the Town, (iv) failure to promptly re -perform within a reasonable time the services that were rejected by the Town as unsatisfactory, or erroneous, (v) discontinuance of the services for reasons not beyond the Contractor's reasonable control, (vi) failure to comply with a material term of this Contract, including, but not limited to, the provision of insurance and non-discrimination, (vii) any other acts specifically and expressly stated in this Contract as constituting a basis for termination of this Contact, and (viii) failure to comply with any and all requirements of state law and/or regulations, and Town bylaw and/or regulations. 9. The Contractor's Breach and the Town's Remedies: Failure of the Contractor to comply with any of the terms or conditions of this Contract shall be deemed a material breach of this Contract, and the Town of North Andover shall Town of North Andover IFB Page 13 of 24 Fire Sprinkler System Services have all the rights and remedies provided in the Contract documents, the right to cancel, terminate, or suspend the Contract in whole or in part, the right to maintain any and all actions at law or in equity or other proceedings with respect to a breach of this Contract, including damages and specific performance, and the right to select among the remedies available to it by all of the above. From any sums due to the Contractor for services, the Town may keep the whole or any part of the amount for expenses, losses and damages incurred by the Town as a consequence of procuring services as a result of any failure, omission or mistake of the Contractor in providing services as provided in this Contract. 10. Statutory Compliance: 10.1 This Contract will be construed and governed by the provisions of applicable federal, state and local laws and regulations; and wherever any provision of the Contract or Contract documents shall conflict with any provision or requirement of federal, state or local law or regulation, then the provisions of law and regulation shall control. Where applicable to the Contract, the provisions of the General Laws are incorporated by reference into this Contract, including, but not limited to, the following: General Laws Chapter 30B — Procurement of Goods and Services. General Laws Chapter 30, Sec. 39, et seq: - Public Works Contracts. General Laws Chapter 149, Section 44A, et seq: Public Buildings Contracts. 10.2 Wherever applicable law mandates the inclusion of any term and provision into a municipal contract, this Section shall be understood to import such term or provision into this Contract. To whatever extent any provision of this Contract shall be inconsistent with any law or regulation limiting the power or liability of cities and towns, such law or regulation shall control. 10.3 The Contractor shall give all notices and comply with all laws and regulations bearing on the performance of the Contract. If the Contractor performs the Contract in violation of any applicable law or regulation, the Contractor shall bear all costs arising therefrom. 10.4 The Contractor shall keep itself fully informed of all existing and future State and National Laws and Municipal By-laws and Regulations and of all orders and decrees of any bodies or tribunals having jurisdiction in any manner affecting those engaged or employed in the work, of the materials used in the work or in any way affecting the conduct of the work. If any discrepancy or inconsistency is discovered in the Drawings, Specifications or Contract for this work in violation of any such law, by-law, regulation, order or decree, it shall forthwith report the same in writing to the Town. It shall, at all times, itself observe and comply with all such existing and future laws, by-laws, regulations, orders and decrees; and shall Town of North Andover IFB Page 14 of 24 Fire Sprinkler System Services protect and indemnify the Town of North Andover, and its duly appointed agents against any claim or liability arising from or based on any violation whether by him or its agents, employees or subcontractors of any such law, by-law, regulation or decree. 11. Conflict of Interest: Both the Town and the Contractor acknowledge the provisions of the State Conflict of Interest Law (General Laws Chapter 268A), and this Contract expressly prohibits any activity which shall constitute a violation of that law. The Contractor shall be deemed to have investigated the application of M.G.L. c. 268A to the performance of this Contract; and by executing the Contract documents the Contractor certifies to the Town that neither it or its agents, employees, or subcontractors are thereby in violation of General Laws Chapter 268A. 12. Certification of Tax Compliance This Contract must include a certification of tax compliance by the Contractor, as required by General Laws Chapter 62C, Section 49A (Requirement of Tax Compliance by All Contractors Providing Goods, Services, or Real Estate Space to the Commonwealth or Subdivision). 13. Discrimination The Contractor will carry out the obligations of this Contract in full compliance with all of the requirements imposed by or pursuant to General Laws Chapter 151 B (Law Against Discrimination) and any executive orders, rules, regulations, and requirements of the Commonwealth of Massachusetts as they may from time to time be amended. 14. Assignment: Assignment of this Contract is prohibited, unless and only to the extent that assignment is provided for expressly in the Contract documents. 15. Condition of Enforceability Against the Town: This Contract is only binding upon, and enforceable against, the Town if. (1) the Contract is signed by the Town Manager or its designee; and (2) endorsed with approval by the Town Accountant as to appropriation or availability of funds; and (3) endorsed with approval by the Town Counsel as to form. 16. Corporate Contractor: If the Contractor is a corporation, it shall endorse upon this Contract (or attach hereto) its Clerk's Certificate certifying the corporate capacity and authority of the party signing this Contract for the corporation. Such certificate shall be accompanied by a letter or other Town of North Andover IFB Page 15 of 24 Fire Sprinkler System Services instrument stating that such authority continues in full force and effect as of the date the Contract is executed by the Contractor. This Contract shall not be enforceable against the Town of North Andover unless and until the Contractor complies with this section. The Contractor, if a foreign corporation, shall comply with the provisions of the General Laws, Chapter 181, Sections 3 and 5, and any Acts and Amendments thereof, and in addition thereto, relating to the appointment of the Commissioner of Corporations as its attorney, shall file with the Commissioner of Corporations a Power of Attorney and duly authenticated copies of its Charter or Certificate of Incorporation; and said Contractor shall comply with all the laws of the Commonwealth. 17. Liability of Public Officials: To the full extent permitted by law, no official, employee, agent or representative of the Town of North Andover shall be individually or personally liable on any obligation of the Town under this Contract. 18. Indemnification: The Contractor shall indemnify, defend and save harmless the Town, the Town's officers, agents and employees, from and against any and all damages, liabilities, actions, suits, proceedings, claims, demands, losses, costs, expenses, recoveries and judgments of every nature and description (including reasonable attorneys' fees) that may arise in whole or in part out of or in connection with the work being performed or to be performed, or out of any act or omission by the Contractor, its employees, agents, subcontractors, material men, and anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by any party indemnified hereunder. The Contractor further agrees to reimburse the Town for damage to its property caused by the Contractor, its employees, agents, subcontractors or material men, and anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including damages caused by his, its or their use of faulty, defective, or unsuitable material or equipment, unless the damage is caused by the Town's gross negligence or willful misconduct. The existence of insurance shall in no way limit the scope of the Contractor's indemnification under this contract. 19. Workers Compensation Insurance: The Contractor shall provide by insurance for the payment of compensation and the furnishing of other benefits under Chapter 152 of the General Laws of Massachusetts (The Worker's Compensation Act) to all employees of the Contractor who are subject to the provisions of Chapter 152 of the General Laws of Massachusetts. Failure to provide and continue in force such insurance during the period of this Contract shall be deemed a material breach of this Contract, shall operate as an immediate termination thereof, and Contractor shall indemnify the Town for all losses, claims, and actions resulting from the failure to provide the insurance required by this Article. Town of North Andover IFB Page 16 of 24 Fire Sprinkler System Services The Contractor shall furnish to the Town evidence of such insurance prior to the execution of this Contract before the same shall be binding on the parties thereto, except if specifically waived by the Town. 20. Documents, Materials, Etc. Any materials, reports, information, data, etc. given to or prepared or assembled by the Contractor under this Contract are to be kept confidential and shall not be made available to any individual or organization by the Contractor (except agents, servants, or employees of the Contractor) without the prior written approval of the Town, except as otherwise required by law. The Contractor shall comply with the provisions Chapter 66A of the General Laws of Massachusetts as it relates to public documents, and all other state and federal laws and regulations relating to confidentiality, security, privacy and use of confidential data. Any materials produced in whole or in part under this Contract shall not be subject to copyright, except by the Town, in the United States or any other country. The Town shall have unrestricted authority to, without payment of any royalty, commission, or additional fee of any type or nature, publicly disclose, reproduce, distribute and otherwise use, and authorize others to use, in whole or in part, any reports, data or other materials prepared under this Contract. All data, reports, programs, software, equipment, furnishings, and any other documentation or product paid for by the Town shall vest in the Town at the termination of this Contract. The Contractor shall at all times, during or after termination of this Contract, obtain the prior written approval of the Town before making any statement bearing on the work performed or data collected under this Contract to the press or issues any material for publication through any medium. 21. Audit, Inspection and Recordkeeping At any time during normal business hours, and as often as the Town may deem it reasonably necessary, there shall be available in the office of the Contractor for the purpose of audit, examination, and/or to make excerpts or transcript all records, contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 22. PgMent The Town agrees to make all reasonable efforts to pay to the Contractor the sum set forth in the Contractor's bid or proposal within thirty (30) days of receipt of an invoice detailing the work completed and acceptance from the Town of the work completed. Town of North Andover IFB Page 17 of 24 Fire Sprinkler System Services 23. Waiver and Amendment Amendments, or waivers of any additional term, condition, covenant, duty or obligation contained in this Contract may be made only by written amendment executed by all signatories to the original Agreement, prior to the effective date of the amendment. To the extent allowed by law, any conditions, duties, and obligations contained in this Contract may be waived only by written Agreement by both parties. Forbearance or indulgence in any form or manner by a party shall not be construed as a waiver, nor in any manner limit the legal or equitable remedies available to that party. No waiver by either party of any default or breach shall constitute a waiver of any subsequent default or breach of a similar or different matter. 24. Forum and Choice of Law This Contract and any performance herein shall be governed by and be construed in accordance with the laws of the Commonwealth. Any and all proceedings or actions relating to subject matter herein shall be brought and maintained in the courts of the Commonwealth or the federal district court sitting in the Commonwealth, which shall have exclusive jurisdiction thereof. This paragraph shall not be construed to limit any other legal rights of the parties. 25. Notices Any notice permitted or required under the provisions of this Contract to be given or served by either of the parties hereto upon the other party hereto shall be in writing and signed in the name or on the behalf of the party giving or serving the same. Notice shall be deemed to have been received at the time of actual service or three (3) business days after the date of a certified or registered mailing properly addressed. Notice to the Contractor shall be deemed sufficient if sent to the address set forth in the Contract and to the Town of North Andover by being sent to the Town Manager, Town Hall, 120 Main Street, North Andover, Massachusetts 01845. 26. Binding on Successors: This Contract shall be binding upon the Contractor, its assigns, transferees, and/or successors in interest (and where not corporate, the heirs and estate of the Contractor). 27. Complete Contract: This instrument, together with its endorsed supplements, and the other components of the contract documents, constitutes the entire contract between the parties, with no agreements other than those incorporated herein. Town of North Andover IFB Page 18 of 24 Fire Sprinkler System Services 28. Supplemental Conditions: The foregoing provisions apply to all contracts to which the Town of North Andover shall be a party. One of the following "Supplements" must be "checked" as applicable to this Contract, shall be attached hereto, and shall in any event apply as the nature of the Contract requires. The Supplement contains additional terms governing the Contract: [ ] GOODS SUPPLEMENT "G" - Applicable to Contracts for the procurement of Goods (governed by the provisions of General Laws Chapter 3013) [X] SERVICES SUPPLEMENT "S" - Applicable to Contracts for the procurement of Services (governed by the provisions of General Laws Chapter 3013) [ ] CONSTRUCTION SUPPLEMENT "C" - Applicable to Contracts for Construction Town of North Andover IFB Page 19 of 24 Fire Sprinkler System Services IN WITNESS WHEREOF the parties have hereto and to two other identical instruments set forth their hands the day and year first above written. THE TOWN Division/Department Head Contract Manager Town Manager Date APPROVED AS TO FORM: Town Counsel Date THE CONTRACTOR Company Name Signature Print Name & Title CERTIFICATION AS TO AVAILABILITY OF FUNDS: Town Accountant Town of North Andover IFB Fire Sprinkler System Services Date Date Page 20 of 24 SUPPLEMENT "S" 1. This form supplements the general provisions of the Contract between the Town of North Andover, and , which Contract is a contract for the procurement of services. 2. "Services" shall mean furnishing of labor, time, or effort by the Contractor. This term shall not include employment agreements, collective bargaining agreements, or grant agreements. 3. Change Orders: Change orders for contracts subject to Massachusetts General laws Chapter 30B may not increase the quantity of services by more than twenty-five (25%) per cent, in compliance with General Laws Chapter 30B, § 13. 4. Minimum Wage/Prevailing Wage; The Contractor will carry out the obligations of this Contract in full compliance with all of the requirements imposed by or pursuant to General Laws Chapter 151, §1, et seq. (Minimum Wage Law) and any executive orders, rules, regulations, and requirements of the Commonwealth of Massachusetts as they may from time to time be amended. The Contractor will at all times comply with the wage rates as determined by the Commissioner of the Department of Labor and Industries, under the provisions of General Laws Chapter 149, 26 to 27D (Prevailing Wage), as shall be in force and as amended. 5. Insurance: The Contractor shall obtain and maintain the following insurance: 5.1 Workers Compensation Insurance of the scope and amount required by the laws of the Commonwealth of Massachusetts. 5.2.1 Broad Form Commercial General Liability coverage with limits of at least $1 Million per occurrence and $3 Million aggregate, and which shall cover bodily injury, death, or property damage arising out of the work. 5.3 Automobile Liability Coverage, including coverage for owned, hired, or borrowed vehicles with limits of at least $1 Million per person, and $1 Million per accident. 5.4 The intent of the Specifications regarding insurance is to specify minimum coverage and minimum limits of liability acceptable under the Contract. However, it shall be the Contractor's responsibility to purchase and maintain insurance of such character and in such amounts as will adequately protect it and the Town from and against all claims, damages, losses and expenses resulting from exposure to any casualty liability in the performance of the work. 5.5 All required insurance shall be certified by a duly authorized representative of the insurers on the "MIIA" or "ACORD" Certificate of Insurance form incorporated into and made a part of this agreement. Properly executed certificates signifying adequate coverage in effect for the duration of the contract with renewal certificates issued not less Town of North Andover IFB Page 21 of 24 Fire Sprinkler System Services than 30 days prior to expiration of a policy period, must be submitted to the Town prior to commencement of this Agreement. 5.6 The Town shall be named as an additional insured on the above referenced liability policies, and the Contractor's insurance shall be the primary coverage. The cost of such insurance, including required endorsements or amendments, shall be the sole responsibility of the Contractor. 6. Indemnification: The Contractor shall indemnify, defend and save harmless the Town, its officers, agents and employees from and against any and all damages, liabilities, actions, suits, proceedings, claims, demands, losses, costs, expenses, recoveries and judgments of every nature and description (including reasonable attorneys' fees) brought or recovered against them that may arise in whole or in part out of or in connection with the work being performed or to be performed, or out of any act or omission by the Contractor, its employees, agents, subcontractors, material men, and anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by any party indemnified hereunder. The Contractor further agrees to reimburse the Town for damage to its property caused by Contractor, its employees, agents, subcontractors or material men, and anyone directly or indirectly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including damages caused by his, its or their use of faulty, defective or unsuitable material or equipment, unless the damage is caused by the Town's gross negligence or willful misconduct. The existence of insurance shall in no way limit the scope of this indemnification. APPROVED AS TO FORM ONLY: TOWN OF NORTH ANDOVER Town Counsel I CERTIFY THAT FUNDS ARE AVAILABLE IN ACCOUNT No Town Accountant Date: Town Manager Department/Division Head THE CONTRACTOR: Town of North Andover IFB Page 22 of 24 Fire Sprinkler System Services 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 Print Name & Title Date Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I authorized signatory for 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. Signature Date Town of North Andover IFB Page 23 of 24 Fire Sprinkler System Services CERTIFICATE OF VOTE At a duly authorized meeting the Board of Directors of the held on it was VOTED, THAT (Name) (Officer) of be and hereby is authorized to execute contracts and bonds in the name and on behalf of said , and affix its corporate seal hereto; and such execution of any contract or obligation in the name of on its behalf by such officer under seal of , shall be valid and binding upon that I hereby certify that I am the clerk of the above named and is the duly elected officer as above of said and that the above vote has not been amended or rescinded and remains in full force and effect as the date of this contract. (Date) (Clerk) Town of North Andover IFB Page 24 of 24 Fire Sprinkler System Services Fire Suppression Sprinkler Systems Town of North Andover, MA Contract for; • Annual testing • On call service & maintenance Locations; • Schools; (all locations within the town of north andover, ma 01845) o North Andover High School - 430 Osgood Street o North Andover Middle School - 495 main street o Kittredge School - 601Main Street o Sargent School - 300 Abbot St. o Thompson School — 266 Waverly Rd. o Early Childhood Center -115 Phillips Brooks Rd. • Municipal facilities; (all locations within the town of north andover, ma 01845) o Town hall -120 Main Street o Senior Center -12011 Main Street o Stevens Memorial Library -345 Main Street o Fire department station # 1-120 Main Street o Police department —1475 Osgood Street o Water Treatment Facility -420 Great Pond Road o Bradstreet School — 70 Main Street o Youth Center — 33 Johnson Street o Stevens Estate- 723Osgood Street Equipment; • Riser assembly including; o valves, backflow devices, check valves, butterfly valves o flow devices, pressure sensors & switches • Flow/pressure detection and notification devices • Gauges & low pressure switches • Wet and dry pipe systems • Tamper switches • Piping and sprinkler heads Standards; • NFPA (National Fire Protection Association) Reports: • Report of annual testing and any service or maintenance activities to Facilities Director Materials: • Cost of all materials invoiced at contractor cost plus _%. Labor: o (service and maintenance - estimated total not to exceed 500 hrs.) o prevailing wage rates; o Norma I working hours: Monday — Friday 7:00 am — 5:00 pm o Off hours; ■ Monday — Friday 5:00 pm — 7:00 am ■ Saturdays ■ Sundays and holidays Testing: • Annual testing for school and municipal buildings; o 1 x yr. at $ • School testing to be performed during non -occupied building schedule • Municipal testing during normal business hours • Notify each location 48 hrs in advance of testing • Coordination with fire dept. , emergency central station (911) and private alarm co. • Track and schedule testing in accordance with NFPA standards for each location Service and maintenance: • Trouble shooting and identification of fire protection system problems and issues • Cleaning, repair and replacement of defective equipment to include that shown under equipment list above Legal Ad for Eagle -Tribune The Town of North Andover is soliciting bids from qualified companies to conduct annual testing and on-call service and maintenance of fire sprinkler systems in all municipal and school buildings. Qualified companies are requested to submit bids to the Assistant Town Manager at North Andover Town Hall, 120 Main Street, North Andover, MA, in accordance with the instructions contained within the Invitation for Bids (IFB). The complete IFB is available on the Town website (www.townofnorthandover.com) under "Bids, Quotes and Proposals". The Town will only accept proposals delivered in person or by mail. All proposals must be received by 2:00 p.m. on October 11, 2012 to be considered. The Town of North Andover may cancel this IFB or reject in whole or in part any and all proposals, if they determine that cancellation or rejection serves the best interest of the Town of North Andover. Santilli, Ray From: REGS@sec. state. ma. us Sent: Tuesday, September 11, 2012 1:21 PM To: Santilli, Ray Subject: Publish Date Assigned to Goods and Services A publish date of 9/17/12 has been assigned to your Goods and Services submission with description of: The Town is seeking a qualified company to conduct annual testing and on-call service and maintenance of fire sprinkler systems in all municipal and school buildings. Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records. For more information please refer to: http://www.sec.state.ma.us/pre/preidx.htm. Please consider the environment before printing this email. SPR Goods and Services Submit Confirmation State Publications and Regulations William Francis Malvin, Secretary of the Commonwealth Page I of 2 The following Goods and Services submission was successfully received. Planned date of publish is 9/17/2012 Awarding Agency Agency Name Town of North Andover 120 Main Street North and Address: Andover, MA 01845 Bid Number: 11 Contact Information Name: ilRay Santilli Title: Assistant Town Manager Phone: 978-688-9516 f Fax 978-68849556 Email Address: rsantilli(a,townofnorthandover.com Notify email address listed when final publish date assigned Address: (if different from above) Description The Town is seeking a qualified company to conduct annual testing and on-call service and maintenance of fire sprinkler systems in all municipal and school buildings. Contract Information Estimated Rate Duration Bid Release 09/18/2012 Release 11:00 a.m. Date Time Bid Deadline Date 10/11/2012 Deadline Time 2:00 p.m. Additional The complete Invitation for Bids document will be available on Tuesday, Information September 18, 2012 at 11:00 a.m. at www.townofnorthandover.com by clicking on 'Bids, Quotes and Proposals' This page can be printed for your records. http://www.sec.state.ma.us/sprpublicforms/GSSubmitConfinnation.aspx?ID=53469 9/11/2012 (978)682-9125. Ethan Allen Georgian Court armoire, cherry $750. Computer Desk with bookase $400. Ethan Allen formal desk with leather chair 8 ottoman, cherry $1000. Leather couch with coffee table, $500 Call 978-470-1387 FULL SIZE BED WITH PLUSH POSTURPEDIC MATTRESS $225 (603) 362.5291 FURNITURE - Sectional couch $400, chair $75, high top table with 2 chairs $150, lamps $50. All in mint condition. Make offers!. Cali 978 304-9622 HOT -Brand new 6 person, waterfall, LED ' ts, cover 8 warranty. Must sell $3800. ! Call 603-235-5218., The Town of North Andover ' The Town of North Andover i; soliciting bids from qualified co - soliciting bids from qualified compa Hies to conduct annual testin d Hies to conduct annual testing arc on-call service and mainten of on-call service and maintenance o fire sprinkler systems in all munici- fire alarm systems in all municipa pal and school buildings. Qualfied and, school buildings. Qualifiec companies are requested to submit companies are requested to submn bids to the Assistant Town Manager bids to the Assistant Town Manager at North Andover Town Hall, 120 at North Andover Town Hall, 12C Main Street, North Andover, MA, in Main Street, North Andover, MA, in accordance with the instructions accordance with the instructions contained within the Invitation 'for contained within the Invitation for Bids (IFB). Bids (IFB). The complete IFB is available The complete IFB is available on the Town website (www.townof- on the Town website (www.townof- northandover.com) under "Bids, northandoveccom) under "Bids, Quotes and Proposals". The Town Quotes and Proposals". The Town will only accept proposals delivered will only accept proposals delivered in person or by mail. All proposals in person or by mail. All proposals must be received by 2:00 p.m. on must be received by 2:00 p.m. on October 11, 2012 to be considered. October 11, 2012 to be considered. The Town of North Andover may The Town of North Andover may cancel this IFB or reject in whole or cancel this IFB or reject in whole or in part any and all proposals,.ff they in part any and all proposals, if they determine that cancellation or rejec- determine that cancellation or rejec- tion serves the best interest of the tion serves the best interest of the Town of North Andover. Town of North_ Andover. ET III9/12 ET - 9/19/12 NAME YOUR PRICE - Most Countries, Rev War through Vietnam. Call Peter (781) 631.1718 -P11'l�l'11i. ./, ,III►7i ANTIQUE FIRE HYDRANT, 1956,-Ludlow/Troy New York, "list 90 model 1046", $175 or be0111 i reasonable offer 978.166-8409 1 ATTENTION! j Beware of anyone replying to your ad offering to send you a check for shipping and you send- ing them back the difference. Also beware when responding to classified ads that ask youth send shipping cost. „,, Possible scam! Full' Cockatiel cage with rolling stand, 0 or best offer. Call 978-685-2060 INVITATION TO BID Stevens Estate Masonry Repairs Kang Associates, Inc. North Andover, MA September 19, 2012 The Town of North Andover, the Awarding Authority, invites sealed bids from general contractors for the construction of the Stevens Estate Ma- sonry Repairs in North Andover, Massachusetts, in accordance with the documents prepared by Kang Associates, Inc. The Project consists of exterior repairs to the existing brick and stone walls and brick patios of a town -owned historical building. The work is estimated to cost $150,000. General bidders must be certified by the Division of Capital Asset Man- agement in the following category of work: Masonry or Historical Ma- sonry. Bids are subject to M.G.L. c. 149 §44A -J and to minimum wage rates as required by M.G.L. c. 149 026 to 27H inclusive. General Bids will be received until 2:OOPM on October 3, 2012 at the North Andover Town Hall, 120 Main Street, Office of the Town Manager, - North Andover, MA and publicly opened, forthwith. There are no Filed Sub -Bids. Mailed Bids should be sent to the North Andover Town Hall, 120 Main Street, Office of the Town Manager, North Andover, MA 01845 and re- ceived no later than the date and time specified above. General bids shall be accompanied by a bid deposit that is not less than five (5%) of the greatest possible bid amount (considering alternates) and made payable to the Town of North Andover. Bid Forms and Contract Documents will be available for pick-up at Nashoba Blue, 433 Main Street, Hudson, MA or electronically at Bid- DocsOnline.com starting September 19, 2012. A deposit is required in the amount of $50.00 per set, payable to BidDocsOnline, in the form of a certified or cashier's check or a money order. This deposit will be refunded for up to two sets for general bidders upon return of the sets in good con- dition within thirty days of receipt of general bids. Otherwise the deposit shall be the property of the Awarding Authority. Additional sets may. be purchased for $50.00. Bidders requesting Contract Documents to be mailed to them shall in- clude a separate check for $40.00 per set for regular mail and $65.00 per set for next day delivery, payable to the BidDoesOnline, to cover mail han- dling costs. A pre-bid conference will be held at the Stevens Estate, 723 Osgood Street, North Andover, MA, on Sept. 26, 2012 at 2:OOPM. Bidders will be held responsible for thoroughly familiarizing themselves with all existing conditions. Town of North Andover ET - 9/19/12 MORTGAGEE'S NOTICE OF SALE OF REAL ESTATE . — By virtue and in execution of the Power of Sale contained in a certain Mortgage given by Charles R. Regan to Mortgage Electronic Registration Systems, Inc. as nominee for, Mortgage Network, Inc., its successors and assigns, dated September 8, 2005 and recorded with the Essex County (Northern.District) Registry of Deeds at Book 9757, Page 4 of which the Casio Digital Keyboard, Stand, Adapter 6 In- structions ded never used $150 firm Call ( 532-3987 The North Andover School Di partment is soliciting bids from qua ified companies to -perform mail tenance on school athletic fields i various locations. Qualified comps vies are requested to submit bids t the Chief Operations Officer at th North Andover School Departmen 1600 Osgood Street #3059, Nort Andover, MA, in accordance with th instructions contained within the In- vitation for Bids (IFB). The complete IFB is availabl on the Town website (www.town northandovencom) under "Bids Quotes and Proposals". The Scho Department will only accept propos als delivered in person or by mai All proposals must be received b 2:00 p.m. on October 9, 2012 to b considered. The North Andover School be partment may cancel this IFB o reject in whole or in part any an all proposals, ff they determine tha cancellation or rejection serves the best interest of the North Andove School Department. ET - 9/19/12 COMMONWEALTH OF MASSACHUSETTS THE TRIAL COURT PROBATE AND FAMILY COURT Essex Probate and Family Court 36 Federal Street r Salem, MA 01970 Docket No ES12D1473DF DIVORCE SUMMONS BY PUBLICATION AND MAILING LydiaE Rodriguez VS. Chadi Fakhoury To the Defendant: The Plaintifl has filed a Complaint for Divorce requesting that the Court grant VA a divorce for IRRETRIEBLE BREAKDOWN The Complaint is on file at the Court. An Automatic Restraining Or- der has been entered in this matter preventing you from taking any ac tion which would negatively impact the current financial status of either party. SEE Supplemental Probate Court Rule 411. You are hereby summoned and required to serve upon: Lydia E Rodriguez 21 Boylston Street Methuen, MA 01844 your answer, if any, on or before' X1/02/2013. If you fail to do so, the ;ourt will proceed to the hearing and adjudication of this action. You are also required to file a copy of your answer, if any, in the office of the 3egister of this Court. WITNESS, Hon: Mary Anne So- iagian, First Justice of this Court Date: August 27, 2012 Pamela Casey O'Brien Register, of Probate 7-9/19/12 COMMONWEALTH OF MASSACHUSETTS County of Essex The Superior Court CIVIL DOCKET# ESCV2012-01679 E:. Wells Fargo Bank NA as rustee for Merrill Lynch Mortgage v Gourley at al ORDER OF NOTICE BY PUBLICATION To: All T Gourley, Patricia A Gourley, Haverhill, in the County of Essex; all in said Common- weaRh• . A_ND_TO_ALL PERSONS,EN- les butlding, 41 Pleasant. Street, Methuen, MA 01844, on the follow. ing Petitions: Michael & Leena Antypas 110 Pleasant Street Methuen Mass. A variance to sub -divide a parcel of land into two lots. Leaving lot B without the required frontage under section VI -D in R.D. Zoning District @ 110 Pleasant. Street Methuen Mass. Matthew J. D'Agostino, Chairman Methuen Zoning Board of Appeals ET - 9/12 9/19/12 les Building, 41 PI Methuen, MA 01844, ing petitions: . Louise Samperl, St., Methuen, me 01. Variance requeste tion (s) VI -D of the C Zoning Ordinance 't Single Family Dweilir trict Map 412 - Blk. 1e Matthew J. D'Agost Methuen Zc ET - 9/12, 9/19/12 e ' ! MORTGAGEE'S NOTICE OF SALE OF REAL ES' e By virtue and in execution of the Power of Sale contain) of- Mortgage given by Lionel Beauvoir and Jeannette Nieves , Electronic Registration Systems, Inc. as nominee for, The IN of gage Company, LLC, its successors and assigns, dated A - and recorded with the Essex County (Northern District) ReG 1. at Book 9680, Page 82 of which the Mortgage the undersign y ant holder -by assignment for breach of the conditions of s e and for the purpose of foreclosing same will be,sold at Pul 09:00 AM on September 26, 2012 at 46 Hoffman Avenue ak Avenue, Lawrence, MA, all and singular the premises des r Mortgage, to wit: d The land with the buildings thereon situated in Lawrence, t Massachusetts on the northerly side of Hoffman Avenue be Lot Nopt21 and 22 on a plan entitled: "Plan of Ewald and Hi r by CCE. Hudson, C.E.," recorded with the North Essex Di, of • eds as Plan No. 69. Said lots are contiguous and.whel nded and described as follows: Northerly: 100 feet by land now or formerly of Emil Karkus Easterly: 74.2 feet by Lot No. 23 as shown on said plan; Southerly: 100 feet by Hoffman Avenue as shown on said Westerly:. 78.93 feet by No.. 20 as shown on said plan. Said Lots together contain 7,650 square feet, more of less said plan. Subject to any and all easements, restrictions, reservation tions of record, N any, hereunder as the same may be in for cable. For Grantors Title see deed recorded herewith at Book The premises are to be sold subject to and with the bene ments, restrictions, building and zoning laws, unpaid taxes, tF bills, municipal liens and assessments, rights of tenants and F session. i TERMS OF SALE: A deposit of FIVE THOUSAND DOLLARS AND 00 CENTS I the form of a certified check or bank treasurer's check will b be delivered at or before the time the bid is offered. The sucl will be required to execute a Foreclosure Sale Agreement 1mrr the close of the bidding. The balance of the purchase price within thirty (30) days from the sale date in the form of a c� bank treasurer's check or other check satisfactory to Mortgag? The Mortgagee reserves the right to bid at the sale, to rejec bids, to continue the sale and to amend the terms of the sale oral announcement made before or during the foreclosure sa! is set aside for any reason, the Purchaser at the sale shall be el a retum of the deposit paid. The purchaser shall have no furl against the Mortgagor, the Mortgagee or the Mortgagee's a description of the premises contained in said mortgage shall 1 event of an error in this publication. TIME WILL BE OF THE I Other terms If any, to be announced at the sale. + Deutsche Bank National Trust Company,) Trustee Under The Indenture Relating to IMH f Collateralized Asset -Backed Bonds, Present Holder of sa By Orlans! P.O! Bostd ET - 9/5, 9/12, 9/19/12 Phone: (61i MORTGAGEE'S NOTICE OF SALE OF REAL ESTA By virtue and in execution of the Power of Sale contained Mortgage given by Vahid Nickpour to Mortgage Electronic I Systems, Inc., dated August 15, 2006 and recorded with the Ei (Northern District) Registry of Deeds at Book 10344, Page 166 Mortgage the undersigned is the present holder by assignmer, of the conditions of said Mortgage and for the purpose of forec will be sold at Public Auction at 02:00 PM on September 26, 20 Street, Unit #1, Andover, MA, all and singular the premises said Mortgage, to wit: + The Unit known as and numbered Unit Number 1, in the 5 Street Condominium ("Condominium"), 55 Elm Street, And County, Massachusetts, a condominium established pursuari ,husetts General Laws, Chapter '183A and by Master Deed j 21,1996, recorded with the Essex North District Registry of Di nent 16087, Book 4531, Page 209, ("Master Deed"). i The Unit is conveyed with an undivided interest of Fifty (50% he common areas and facilities of the Condominium as descri he Master Deed and the 55 & 57 Elm Street Condominium 1 June 21, 1996 and recorded with said Registry of Deeds as! 16088, Book 4531, Page 231 ("Condominium Trust"), with an ai square feet all as shown on the floor plans for the Condominit Plans Elm Street Condominium in Andover, Mass.", as draw ichofield, 1510 North Shore Road, Revere, Mass. 02151, Scal lune 1, 1996, Merrimack Engineering Services, Inc., 66 Park Inver-mar-�achusatts-pia.14-.,consistina of.Lwo sbeets,.anC.,reS