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HomeMy WebLinkAboutContract #: 1152 - From: 07-24-2017 To: 07-24-2019 - JC Madigan - DPW S- �5 Massachusetts Department of Transportation - Highway Division Goods And Services Amendment Amount Range: $500,000 and up Originating Office: Highway Operations Contract#: 60544 Project ID: mdotw•estono6l Amendment Type: Time Extension Federal Aid Number: No. of Extension: 1 Project/Location: Statewide/�,(���,at. •,tt ,�, %'� s �� ��,!� N� -7-! Original Max. Obligation: NTP Date: Vendor/Party Name: Vendor/Party Address: �1✓ �; (� i ,'n ��� ' t rn :12 kc Original: Current: Amendment: Amended Date/ Dollar: Completion Date: 07/24/2017 07/24/2017 2 years 07/24/2019 Contract Encumbrance Amount: Description: Exercising 1 st of 2, 2 year renewal options for MDOTBOSTON61 for the purchase/service of Small Equipment. Submitted By: Appro��e By: // - � X) Acting Chi f curem n Officer Date Chief of OOpperations&Maintenance Date 2-14 Date General Couns' ate Bu et/C.X.P f` / Date Highway Administrator Date hector of nntracts & R cords Date Secretary/CEO Date DOT AMENDMENT 03-25-2010 Item Number: I Date: L C 1 A 2111,16 Charles D. Baker,Governor '/ O Karyn E. Polito,Lieutenant Governor � Stephanie Pollack,Secretary o CEO ' Massachusetts Department of Transportation Thomas J.Tinlin,Administrator Highway Division CONTRACT AMENDMENT NOTICE December 23, 2016 J.C. Madigan , Inc. 450 Old Union Turnpike Lancaster, MA 01523 Contract Number: 60544 Action Item Date: December 14, 2016 Action Item Number: I 1 Dear Timothy Madigan, Enclosed is a signed copy of your contract amendment with the Massachusetts Department of Transportation, Highway Division. This amendment is regarding an extension of the completion date to July 24, 2019. This amendment is relative to the statewide purchase and service of small equipment as needed by MassDOT. Please insert this amendment into the original contract. Th you, James E. Costello Director of Contracts & Records JEC/rc cc: Fiscal Contracts&Records E-Mail: Max Feldpausch Ten Park Plaza,Suite 5510,Boston,MA 02116 Leading the Nation in Transportation Excellence Tel:857-368-9537,Fax:857-368-0623 www.mass.gov/massdot Charles D.Baker,Governor '� OT Karyn E. Polito,Lieutenant Governor Stephanie Pollack Secretary&CEO ' Massachusem Department of Transportation Thomas J.Tinlin,Administrator Highway Division December 23, 2016 Contract#: 60544 Location: statewide J.C. Madigan, Inc. 450 Old Union Turnpike Lancaster, MA 01523 Dear Timothy Madigan, Enclosed is a Certificate of Exemption Form ST-2 along with a Purchaser's Sales Tax Exempt Form(ST-5) for J.C. Madigan , Inc., which substantiates the Tax Exempt status of this Department under the provisions of Chapter 64H, s6 (d), (e), (f) or(tt). The duration of the tax forms are from July 25, 2017 until July 24, 2019. All purchases of tangible personal property or services by this Department are exempt from taxation to the extent that such property or services are used in the conduct of the business of the purchaser. If your contract is extended beyond the completion date on the Purchaser's Sales Tax Exempt Form (ST-5), please notify the Director of Contracts & Records for issuance of a new certificate. Ver my your , James E. Costello Director of Contracts & Records JEC/rc Enc. Contact: MassDOT- Planning& Enterprise Services Ten Park Plaza—Suite 5510 Boston, MA 02 1 1 6-3973 857-368-9537 Ten Park Plaza,Suite 5510,Boston,MA 02116 Leading the Nation in Transportation Excellence Tel:857-368-9537,Fax:857-368-0623 www.mass.gov/massdot Charles D. Baker,Governor '� OTKaryn E. Polito,Lieutenant GovemorStephanie Pollack,Secretary o CEO ' Massachusetts Department of Transporta Thomas J.Tinlin,Administrator Highway Division ST-2 MASSACHUSETTS DEPARTMENT OF REVENUE CERTIFICATE OF EXEMPTION Certification is hereby made that the organization herein named is an exempt purchaser under General Laws, Chapter 64H, § 6 (d) and (e) . All purchases of tangible personal property by this organization are exempt from taxation under said chapter to the extent that such property is used in the conduct of the business of the purchaser. Any abuse or misuse of this certificate by any tax-exempt organization of any unauthorized use of this certificate by any individual constitutes a serious violation and will lead to revocation. Willful misuse of this Certificate of Exemption is subject to criminal sanctions of up to 1 year in prison and $10, 000 ($50, 000 for corporations) in fines . COMMONWEALTH OF MASSACHUSETTS EXEMPTION NUMBER MASSACHUSETTS DEPARTMENT OF 046-002-284 TRANSPORTATION ISSUE DATE HIGHWAY DIVISION July 25, 2017 TEN PARK PLAZA, SUITE 5510 CERTIFICATE EXPIRES ON BOSTON, MA 02116 July 24, 2019 NOT ASSIGNABLE OR TRANSFERABLE COMMISSIONER OF REVENUE MIKE HEFFERNAN CONTRACTOR NAME & ADDRESS : J.C. Madigan , Inc. 450 Old Union Turnpike Lancaster, MA 01523 CONTRACT NUMBER: 60544 PROJECT: statewide - Purchase and service of small equipment as needed by MassDOT Ten Park Plaza,Suite 5510,Boston,MA 02116 Leading the Nation in Transportation Excellence Tel:857-368-9537,Fax:857-368-0623 www.mass.gov/massdot Form ST-5 Rev.6/09Massachusetts Sales Tax Exempt Department of Purchaser Certificate Revenue Part 1. Exempt taxpayer information. To be completed by exempt government or 501(c)(3)organization. Name Massachusetts Department of Transportation-Highway Division Address 10 Park Plaza City State Zip Boston, MA 02116 Exemption number 04-6002284 Issue date Date of expiration of certificate July 25,2017 July 24,2019 Certification is hereby made that the organization named above is an exempt purchaser under Massachusetts General Laws,Chapter 64H,sections 6(d) or 6(e).All purchases of tangible personal propSq or services by this organization are exempt from taxation under said chapter to the extent that such property r services are t.4saq in the cond c e business of the purchaser.Any abuse or misuse of this certificate by any tax-exempt organization or any thorized us th tfj>at ividual constitutes a serious violation and will lead to revocation. S' n ur 1 Title Date Director of Contracts&Records Warning:Willful misuse of this certificate may result in criminal tax evasion sanctions of up to one year in prison and$10,000($50,000 for corporations)in fines. Part 2. Agent information. To be completed by agent of exempt government or 501(c)(3)organization. Name of agent's organization J.C. Madigan, Inc.(MassDOT Contract#60544) Address 450 Old Union Turnpike City State Zip Lancaster,MA 01523 Agent's name Address City State Zip I certify that in making this purchase,I am acting as an agent for the exempt organization named above(select one): Government organization(local public school,city/town government,state agency,etc.). Attach Form ST-2,if available.If Form ST-2 is not available,enter exemption number,if known: ❑ 501(c)(3)organization(parochial school,Scout troop,etc.).Form ST-2 must be attached. Signature Title Date Part 3. Vendor information Vendors name Check applicable box: ❑Single purchase certificate(attach detailed receipts or complete Part 4,on reverse) Q Blanket certificate This form is approved by the Commissioner of Revenue and may be reproduced. Part 4. Description of property purchased Date Description Quantity Cost $ $ $ $ $ $ Total cost $ General information An exempt 501(c)(3)organization must have obtained a Certificate of Ex- 1 of Form ST-5 should be filled out by the exempt government organiza- emption(Form ST-2)from the Commissioner of Revenue certifying that it is lion.If Part 1 is not completed by the exempt government organization,the entitled to exemption under G.L.c.64H,§6(e).The 501(c)(3)organization agent must enter the name,address,and,if available,the exemption num- must submit to the vendor a properly completed Sales Tax Exempt Pur- ber of the government organization on whose behalf the purchases are be- chaser Certificate(Form ST-5)signed by the 501(c)(3)organization with a ing made.Also enter a description of the property purchased into Part 4. copy of its Form ST-2 attached. The agent must complete Part 2 when acting on behalf of the exempt gov- Any person,group or organization purchasing as an agent on behalf of a emment organization.The purchaser must attach to the Form ST-5 a copy 501 c 9 certify g y presenting to the of the exempt government organization's Form ST-2 if available.If it is not ( )(3)organization con must For that it is Join sob available,the purchaser must enter the exemption number of the exempt vendor a properly completed Form ST-5 signed by the 501(c)(3)organiza- tion.It must also present a copy of the 501(c)(3)organization's Form ST-2. government organization. The agent of the exempt 501(c)(3)organization must complete Part 2 of Other information for vendors Form ST-5. Vendors should verify the validity of the certificate presented to them by Any government organization is encouraged to obtain a Certificate of Ex- checking the expiration date on the certificate.Vendors must not honor a emption(Form ST-2)from the Commissioner of Revenue,certifying that it Certificate of Exemption that has expired. is entitled to exemption under G.L.c.64,§6(d).The exempt government organization is encouraged to submit to the vendor a properly completed Government organization maintain Form ST-2 Certificates of Exemption that Sales Tax Exempt Purchaser Certificate (Form ST-5) with a copy of its have an expiration date of"None." Form ST-2 attached.If the government organization does not present Form Vendors should call the Customer Service Bureau at(617)887-6367 if they ST-5,the vendor must maintain adequate documentation(generally,a copy have any questions regarding a Certificate of Exemption which is presented of the government check) verifying that the purchaser is an exempt gov- to them. emment agency. If you have any questions about completing this certificate,please contact: Any person,group or organization purchasing on behalf of exempt govem- Massachusetts Department of Revenue, Customer Service Bureau, ment organizations must certify that they are doing so by presenting to the 200 Arlington Street,Chelsea,MA 02150;(617)887-6367. vendor a properly executed Form ST-5 when making such purchases.Part MASSDOT STANDARD CONTRACT FORM This form is issued and published by the Massachusetts Department of Transportation(MassDOT or Department). Any changes to the official printed language of this form shall be void. Additional non-conflicting terms may be added by Attachment.Contractors may not require any additional agreements,engagement letters,contract forms or other additional terms as part of this Contract without prior Department approval. Click on hyperlinks for definitions,instructions and legal requirements that are incorporated by reference into this Contract. CONTRACTOR LEGAL NAME:J.C.MADIGAN,INC. DEPARTMENT NAME: Massachusetts Department of Transportation (and dlbla): MMARS Department Code: DOT Legal Address:(W9,W-4,T&C):450 Old Union Turnpike,Lancaster,MA 01523 Business Mailing Address: 10 Park Plaza,Boston,MA 02116 Contract Manager: Timothy Madigan Billing Address(if different): E-Mail: tmadigan@jcmadigan.com Contract Manager. Max Feldpausch Phone: 978 847 2900 IF=978 847 0068 E-Mail: max.feidpauschOdot.state.ma.us Contractor Vendor Code:VC6000167322 Phone: 857-368.9139 1 Fax: Vendor Code Address ID(e.g."AD001"): AD 001. MMARS Doc ID(s1:J)JTF0000k03c00060544 (Note:The Address Id Must be set up for EFT payments.) RFRIProcurement or Other ID Number: mdotweston061 _ NEW CONTRACT X- CONTRACT AMENDMENT PROCUREMENT OR EXCEPTION TYPE:(Check one option only) Enter Current Contract End Date Prior to Amendment: 71-y ,20ji. _Statewide Contract(OSD or an OSO-designated Department) Enter Amendment Amount:$ .(or"no change") Collective Purchase(Attach OSD approval,scope,budget) AMENDMENT TYPE:(Check one option only.Attach details of Amendment changes.) Department Procurement(includes State or Federal grants 815 CMR 2.00) KAmendment to Scope or Budget(Attach updated scope and budget) (Attach RFR and Response or other procurement supporting documentation) _Interim Contract(Attach justification for Interim Contract and updated scope/budget) —Emergency Contract (Attach justification for emergency,scope,budget) Contract Employee Attach an updates to scope or budget) _Contract Employee(Attach Employment Status Form,scope,budget) — ( y p —Legislative/Legal or Other:(Attach authorizing language/justification,scope and _Legislativell-eclaI or Other:(Attach authorizing tang uage/justification and updated budget) scope and budget) The following MassDOT TERMS AND CONDITIONS(T&C)has been executed,filed with CTR and is incorporated by reference into this Contract. X MassOOT Terms and Conditions COMPENSATION:(Check ONE option):The Department certifies that payments for authorized performance accepted in accordance with the terms of this Contract will be supported in the state accounting system by sufficient appropriations or other non-appropriated funds,subject to intercept for MassDOT/Commonwealth owed debts under 815 CMR 9.00. X Rate Contract(No Maximum Obligation. Attach details of all rates,units,calculations,conditions or terms and any changes if rates or terms are being amended.) Maximum Obligation Contract Enter Total Maximum Obligation for total duration of this Contract(or new Total if Contract is being amended).$ PROMPT PAYMENT DISCOUNTS(PPD): Commonwealth payments are issued through EFT 45 days from invoice receipt.Contractors requesting accelerated payments must identify a PPD as follows: Payment issued within 10 days—%PPD;Payment issued within 15 days_%PPD;Payment issued within 20 days—%PPD;Payment issued within 30 days—%PPD. If PPD percentages are left blank,Identify reason: X agree to standard 45 day cycle_statutory/legal or Ready Payments(G.L.c.29,S 23A);—only initial payment(subsequent payments scheduled to support standard EFT 45 day payment cycle.See Prompt Pay Discounts Poli .) BRIEF DESCRIPTION OF CONTRACT PERFORMANCE or REASON FOR AMENDMENT:(Enter the Contract title,purpose,fiscal year(s)and a detailed description of the scope of performance or what is being amended for a Contract Amendment. Attach all supporting documentation and justifications.)For the purchase&Service of Small equipment for use throughout MassDOT.All equipment and services will be ordered on an as needed basis. ANTICIPATED START DATE: (Complete ONE option only)The Department and Contractor certify for this Contract,or Contract Amendment,that Contract obligations: X 1.may be incurred as of the Effective Date(latest signature date below)and no obligations have been incurred prior to the Effective Date. _2.may be incurred as of_,20_,a date LATER than the Effective Date below and no obligations have been incurred prior to the Effective Date. _3.were incurred as of ,20_,a date PRIOR to the Effective Date below,and the parties agree that payments for any obligations incurred prior to the Effective Date are authorized to be made either as settlement payments or as authorized reimbursement payments,and that the details and circumstances of all obligations under this Contract are attached and incorporated into this Contract. Acceptance of payments forever releases the Commonwealth and MassDOT from further claims related to these obligations. CONTRACT END DATE: Contract performance shall terminate as of _'7r•'f1_,2019_with no new obligations being incurred after this date unless the Contract is properly amended,provided that the terms of this Contract and performance expectations and obogations shall survive its termination for the purpose of resolving any claim or dispute,for completing any negotiated terms and warranties,to allow any close out or transition performance,reporting,invoicing or final payments,or during any lapse between amendments. CERTIFICATIONS: Notwithstanding verbal or other representations by the parties,the"Effective Date"of this Contract or Amendment shall be the latest date that this Contract or Amendment has been executed by an authorized signatory of the Contractor,the Department,or a later Contract or Amendment Start Date specified above,subject to any required approvals. The Contractor makes all certifications required under the attached Contractor Certifications(incorporated by reference if not attached hereto)under the pains and penalties of perjury,agrees to provide any required documentation upon request to support compliance,and agrees that all terms governing performance of this Contract and doing business in Massachusetts are attached or incorporated by reference herein according to the following hierarchy of document precedence,the MassDOT Terms and Conditions http:/lVansneYdots/ComApo/MassoOTTermsandConditions.doc, this Standard Contract Form including the Instructions and Contractor Certifications,the Request for Response (RFR)or other solicitation,the Contractor's Response,and additional negotiated terms,provided that additional negotiated terms will take precedence over the relevant terms in the RFR and the Contractor's Response only if made using the process outlined in 801 CMR 21.07,incorporated herein,provided that any amended RFR or Response terms result in best value,lower costs,or a more cost effective Contract. AUTHORIZING SIGNATURE FOR THE CONTRACTOR: AUTHORI SIGNAT //F R Mass T: / X: . Date: tv't-W . X: G/ . Date: /-- (Signature ate Must Be written At Time of Signature) (Signature and Date Must Be Handwritten At Time of Signature) Print Name: Timothy Madigan Print ame:_Leonard Walsh Print Title: President Print Title:_Chief of Operations&Maintenance (Updated 3/21/2014) Page 1 of 5 The Commonwealth of Massachusetts _ Department Of Transportation rriA3 DOT MASTER AGREEMENT DOCUMENT LA Document Name CODE JDEPTJ UNIT DOCUMENT IDENTIFIER ACTION MA DOT INTF0000K03C00060544 entry Budget FY: 2016 Document Description: Purchase&Service of Small Equipment Vendor Ln: I Fiscal Year: 2016 Board Award Number: mdotweston061 VC Number: VC6000167322 Period: I Authorized Department: DOT Addrss Code: AD001 Requester ID: dotbdi MA Effective Date: 7/Zt I o/¢ Vendor Name: 3C.Madigan,Inc. Requester Name: Max Fcldpauseh MA Expiration Date: 07/24/2019 Street Address: 450 Old t�nion Tplce City: I.ancaster State: NIA 7.ip Cd: 01523 COMMODITY INFORMA TION Commoditv Ln: Commodity Code: 2315110000000 Catalog: none provided Commodity Purchase.of Small Equipment None Provided(if none) Specs: Line Type: disenu Extendedot Diseription Purchase of Small Equipment Unit of Measurement: ca Discount From: .7 Service From: Z�� ' mm/dd/yyyy )� mni/dd/yyyy 7/ [nil Discount To: Service To: Unit Price: h0.011 mm/dd/yyyy (17/24/2f119 mm/dd/yyyy 117/2421119 Commoditv Ln: Commodity Code: Catalog: Commodity None Provided(if none) Specs: Extended Line"Type: Uiscription: Unit of Measurement: Discount From: Service From: mm/dd/ y mm/dd/yyyy Unit Price: Discount To: Service To: mm/dd/yyyy mm/dd/yyyy TO THE COMPTROLLER OF:THE COMMONWEALTH OF MASSACHUSETTS I hereby cenity under the penalties of perjury that all laws of the Commorrvrealth governing disbursements of public funds and the regulations therof have been complied min and observed. FOR FISCAL USE ONLY SIGNED: TITLE DATE: ep d n rO Entered By: Date SIGNED: r (, 0AAX TITLE. �C C, DATE (initial) Aulhor6ed Signat Verified By: Date (initial) Issued May Massachusetts Department of Transportation 2004 CONTRACTOR AUTHORIZED SIGNATORY LISTING CONTRACTOR LEGAL NAME: J.C. MADIGAN, INC. CONTRACTOR VENDOR/CUSTOMER CODE: VC 6000167322 Uip INSTRUCTIONS: Any Contractor (other than a sole-proprietor or an individual contractor) must provide a listing of individuals who are authorized as legal representatives of the Contractor who can sign contracts and other legally binding documents related to the contract on the Contractor's behalf. In addition to this listing, any state department may require additional proof of authority to sign contracts on behalf of the Contractor, or proof of authenticity of signature (a notarized signature that the Department can use to verify that the signature and date that appear on the Contract or other legal document was actually made by the Contractor's authorized signatory, and not by a representative, designee or other individual.) NOTICE: Acceptance of any payment under a Contract or Grant shall operate as a waiver of any defense by the Contractor challenging the existence of a valid Contract due to an alleged lack of actual authority to execute the document by the signatory. For privacy purposes DO NOT ATTACH any documentation containing personal information, such as bank account numbers, social security numbers, driver's licenses, home addresses, social security cards or any other personally identifiable information that you do not want released as part of a public record. The Commonwealth reserves the right to publish the names and titles of authorized signatories of contractors. AUTHORIZED SIGNATORY NAME TITLE TIMOTHY MADIGAN PRESIDENT I certify that I am the President, Chief Executive Officer,Chief Fiscal Officer, Corporate Clerk or Legal Counsel for the Contractor and as an authorized officer of the Contractor I certify that the names of the individuals identified on this listing are current as of the date of execution below and that these individuals are authorized to sign contracts and other legally binding documents related to contracts with the Commonwealth of Massachusetts on behalf of the Contractor. I understand and agree that the Contractor has a duty to ensure that this listing is immediately updated and communicated to any state department with which the Contractor does business whenever the authorized signatories above retire, are otherwise terminated from the Contractor's employ, have their responsibilities changed resulting in their no longer being authorized to sign contracts with the Commonwealth or whenever new signatories are designated. Date:November 7,2016 Sign e Title: PRESIDENT Telephone: 978 847 2900 Fax: 978 847 0068 Email:tmadigan@jcmadigan.com [Listing can not be accepted without all of this information completed.] A copy of this listing must be attached to the"record copy" of a contract filed with the department. MassDOT May 2014 _ r A Y a COMMONWEALTH OF MASSACHUSETTS Af Prompt Pay Discount Form (Invoice discounts for receiving fast payments) ��M v• Revised 3/9/07 Bidder Name: J.C. Madigan, Inc. Vendor Code (VCUST): VC 6000167322 Contract/RFR Number(s): rmnTwFCToNn6t Prompt Payment Discounts (PPD). All contractors/vendors doing business with the Commonwealth must provide a Prompt Payment Discount (PPD) for receiving early payments unless the Contractor/vendor can provide compelling proof that providing a prompt pay discount would be unduly burdensome. Contractors benefit from PPD by increased, usable cash flow as a result of fast and efficient payments for commodities or services rendered. Contractors who agree to accept Electronic Funds Transfer (EFT) increase the prompt pay benefit by ensuring that funds are paid directly to their designated bank accounts, thus eliminating the delay of check clearance policies and traditional mail lead time. Payments processed through the state accounting system (MMARS) can be tracked and verified through the Comptroller's Vendor Web system using the Vendor/Customer Code assigned to you by a Commonwealth department. The Commonwealth benefits because contractors reduce the cost of products and services through the applied discount. While Bidders/Contractors have flexibility in determining the actual % discount(s) offered to the Commonwealth, the discount(s) must be identified for 10, 15, 20 and/or 30 days for payment issuance in the column entitled "% Discqunt Off Proposed Price" below. The Commonwealth may use the prompt pay discounts submitted as a basis for selection and may negotiate discounts as deemed in the best interest of the Commonwealth. The requirement to offer PPD discounts may be waived by the Commonwealth on a case-by-case basis if participation in the program would be unduly burdensome, provided the specific reason for the hardship is outlined below. All discounts offered will be taken in cases where the payment issue date is within the specified number of days listed below and in accordance with the Commonwealth's Bill Paying Policy. Payment days will be measured from the date goods are received and accepted/ performance was completed OR the date an invoice is received by the Commonwealth, whichever is later 4 the date the payment is issued as an EFT (preferred method) or mailed by the State Treasurer. The date of payment"issue"is the date a payment is considered "paid" not the date a payment is"received" by a Contractor. If internal Bidder/Contractor systems require an alternate method of measuring payment issue dates, the Bidder/Contractor must note the issues below or on an attached page if necessary to be considered by the PMT. In cases where the Bidder/Contractor considers that offering a Prompt Payment Discount would be a hardship, the Bidder must clearly define the issues and reasons for said hardship. Providing volume discounts or other discounts on prices is not considered a hardship, since the PPD provides the additional benefit of early cash flow for the Contractor. Enter the Prompt Payment Discount percentage (%) off the invoice payment, for each of the payment issue dates listed, if the payment is issued within the specified Payment Issue days. For example: S% - 10 Days 4% - 15 Days 3% - 20 Days 2% - 30 Days If no discount is offered enter 0% _ Prompt Payment Discount % IPayment Issue Date w in _ 0 % 10 Days _ 0 % 15 Days 0 % 20 Days 0 % 30 Days The Contractor is unable to provide a prompt payment discount due toXKK1drllWM#X N: Bid Pricing incorporates fully discounted price. Contractor/Bidder Authorized Signature L Date: June 9, 2014 Contractor/ Bidder Authorized Signatory Print Name and Title: Timothy M. Madigan — President`