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
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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.
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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.
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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
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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.
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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
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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.
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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 %
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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
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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.
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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.
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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
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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
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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
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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.
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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.
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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