IFB template-Fire Alarm Services.pdf

TOWN OF NORTH ANDOVER

INVITATION FOR BIDS

FIRE ALARM SERVICES

July 30, 2025

Contact Laurie Burzlaff

Assistant Town Manager/Director of Operations

Address 120 Main Street

North Andover, MA 01845

Telephone Number: 978-688-9510

Email: lburzlaff@northandoverma.gov mailto:lburzlaff@northandoverma.gov

Town of North Andover IFB Page 2 of 27

1. Introduction

The Town of North Andover is soliciting bids from qualified contractors to conduct testing, inspection, maintenance, repair, and modifications of fire alarm systems in all municipal and school buildings. Qualified contractors are requested to submit bids to the Assistant Town

Manager/Director of Operations in accordance with the instructions contained within this

Invitation for Bids (IFB).

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) electronically at www.bidnetdirect.com/massachusetts/northandoverma. Applicants should provide one (1) signed proposal. Applicants must also execute and include in the sealed submission the Certification of Authorization, Certificate of Non-Collusion, the Certificate of Tax Compliance and the Certification of Labor Harmony and OSHA Training Requirements. 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.

All sealed proposals must be received and registered by August 20, 2025 at 2:00 p.m. The Town will only accept proposals submitted electronically through bidnetdirect.com/massachusetts/northandoverma.

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. Bidders may contact Bidnet’s vendor support department at 800-835-4603, option 2, in the event this IFB is incomplete the bidder is having trouble registering, submitting a bid or obtaining any part of the IFB electronically, including, and without limitation the form and attachments.

3. Questions, Addendum or Proposal Modification

Questions concerning this IFB must be submitted in writing to:

bidnetdirect.com/massachusetts/northandoverma. When viewing the notice online, use the

“Ask a question” button. If vendors need assistance please contact Bidnet’s vendor support department at 800-835-4603, option 2. All questions/inquiries must be received by 4:30 p.m. on http://www.bidnetdirect.com/massachusetts/northandoverma https://www.bidnetdirect.com/massachusetts/northandoverma

Town of North Andover IFB Page 3 of 27

August 13, 2025 to be considered. Written responses will be posted on bidnetdirect.com/massachusetts/northandoverma by August 14, 2025 at 4:00 p.m.

If any changes are made to this IFB, an addendum will be posted on bidnetdirect.com/massachusetts/northandoverma. It is the sole responsibility of the bidder to ascertain the existence of any addenda and/or modifications issued by the Town.

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.

Bidders may contact Bidnet’s vendor support department at 800-835-4603, option 2, in the event this IFB is incomplete or the bidder is having trouble obtaining any part of the IFB electronically, 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 ten (10) years’ experience providing services described in the scope of services. Evidence must be included with the bid.

B. Contractor shall include with the bid a complete list of all municipal contracts for the services described herein performed in the past two (2) years with contact names and telephone numbers.

C. The contractor shall be one whose primary business is fire alarm system service and who can furnish an adequate labor force to provide 24-hour service, 365 days per year.

D. Contractor’s technicians shall possess either a Massachusetts Class C – Systems

Contractor License or a Massachusetts Class D – Systems Technician License.

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E. 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.

F. Submission of required statements and forms.

5. Scope of Services

A. Locations and Description of Equipment

The contractor will supply all labor, materials and equipment to conduct testing, inspection, maintenance, repair, and modifications of fire alarm systems at existing municipal and school buildings including those listed below (all street addresses shown are located in

North Andover, MA). All device quantities are estimated. Bidder is responsible for all devices located in the buildings. Fire alarm system drawings may be obtained by clicking here. Radio signal is wireless communication system to emergency dispatch unless noted otherwise.

1) Town Hall, 120 Main Street

Honeywell Notifier – 77 +/- devices

Radio signal

See fire alarm drawings

2) Town Hall Annex, 120R Main Street

Honeywell Notifier 34 +/- devices

Radio signal

Smoke detectors: 13

Heat detectors: 7

Duct smoke detectors: 7

Pull stations: 7

3) Department of Public Works, 384 Osgood Street

Fire Lite MS-4 89 +/- devices

Radio signal

See fire alarm drawings

Additional DPW Building- Garage: Heat detectors: 49

Pull stations: 4

Smoke detectors: 2

4) Youth Center, 33 Johnson Street

Simplex #4010 – 48 +/- devices

5) Police Station, 1475 Osgood Street

Siemens Fire Finder XLS System – 128 +/- devices

Radio signal https://drive.google.com/drive/u/0/folders/1HKbRhbG7bIpNLfRaunhymfq0mqGNHGV0

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6) Fire Station 1, 795 Chickering Road

Simplex 4100 ES – 70 +/- devices

7) Fire Station 2, 9 Salem Street

Edwards – 22 +/- devices

Radio signal

Heat detectors: 16

Pull stations: 2

Local smoke detectors: 2

Local CO detectors: 2

8) Water Treatment Plant, 420 Great Pond Road

FCI model #72 – 35 +/- devices

9) Steven’s Estate, 723 Osgood Street

Main house:

Simplex #4020 – 209 +/- devices

Carriage house:

Fire-Lite MS-5UD - 15 +/-devices

Radio Signal to private central station

10) Stevens Memorial Library, 345 Main Street

Honeywell Fire Lite ES 200X – 43 +/- devices

Radio signal to private central station

11) Scholfield Mill , 172 Sutton Street

Spectronics SA400 - 10 +/- devices radio signal

12) Atkinson Elementary School, 111 Phillips Brook Road

Notifier – 370 +/- devices

13) Anne E. Bradstreet Early Childhood Center, 380 Chickering Road

Honeywell Firelight 166 +/- devices

Radio Signal

Town of North Andover IFB Page 6 of 27

14) Franklin Elementary School, 2 Cypress Terrace

Silent Night – 276 devices

15) North Andover High School, 430 Osgood Street

Autocall – 423 devices

16) North Andover Middle School, 495 Main Street

Honeywell Model 6820 – 270 +/- devices

17) Sargent Elementary School, 300 Abbott Street

FCI by Honeywell – 175 +/- devices

18) School Administration Building, 566 Main Street

Fire Lite by Honeywell – 43 +/- devices

19) Thomson Elementary School, 266 Waverly Road

Fire Lite by Honeywell - 60 +/- devices

B. Equipment

1) Fire alarm control panel

2) Detection and notification devices

3) Pull stations

4) Door hold open devices

5) Fire alarm system wiring

6) Radio box signaling equipment (serviced & maintained by NAFD)

7) Proprietary and non-proprietary systems

C. Testing

1) Testing of fire alarm systems in all municipal and school buildings will be coordinated with the Facilities Management Director or designated maintenance staff.

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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 provide prior 24-hour notification to the Fire

Department, E-911 Dispatch, and the respective private alarm company of the testing.

5) All testing will be in conformance to current NFPA standard for each location.

6) Minimum testing frequency as determined by jurisdictional code(s).

7) For the high school, middle school, five elementary schools and the early childhood center, three (3) tests per year will be conducted, with a minimum of three month intervals between tests. A different portion of all components shall be tested at each inspection totaling 100% for the year.

8) The contractor shall furnish all labor, materials, and equipment as required for work in accordance with this scope of services.

D. 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 alarm 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.

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

Town of North Andover IFB Page 8 of 27 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.

E. Reports

1) Subsequent to all service work performed, a written report of all activities is to be provided to Steve Foster, Facilities Director, with a copy to the Fire Department and for school buildings only, a copy to John Mullen. The report shall include:

o Date, start/finish times o Name of person performing work o Brief description of work o Parts repaired or replaced o Recommendations/comments regarding condition/operation of system

2) Reports will include:

o Remote communication check o Devices tested and condition of same o System inspected o Certification of system meeting NFPA Standards o Battery condition

Response to location for emergency calls shall be within one (1) hour of receipt.

Contractor shall supply all labor, materials and equipment to perform listed scope of services.

All workmanship, whether specifically designated, shown or implied shall be first quality, new and of a grade satisfactory to the Town or its representative. The Town or its representative shall have the right to reject any part of the work if the workmanship is not of satisfactory quality.

The contractor shall conform to all requirements of state and local laws, including compliance with the prevailing wage laws.

The contractor shall apply for all necessary permits and require inspection of the work by the local inspector when required. Permit fees will be waived.

All material and debris shall be cleaned up immediately and removed from the building, leaving the premises in a clean condition.

The contractor shall replace, repair or make whole, without cost to the Town, any defects or faults arising within one (1) year after date of acceptance of the work.

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Regular service calls shall be serviced within eight (8) business hours and emergency calls serviced within one (1) hour.

Per hour prices shall remain firm for the period of the contract. Vehicle or travel time costs shall not be added to service.

6. Prevailing Wage Rates

The successful bidder will at all times comply with the prevailing wage rates as determined by the Department of Labor Standards under the provisions of Massachusetts General Laws as shall be in force and as amended. The prevailing wage rates are attached.

7. Site Visits

Site visits to any and all buildings can be scheduled by contacting Jeremy Brandl, Assistant Facilities Director at 978-994-4729. Visits must be scheduled by August 13, 2025.

8. Payment Bond

Upon award of the contract, the successful bidder shall provide a payment bond in the amount of 100% of the total projected cost of the contract for the first year. The payment bond must be on the Town’s form that is attached.

9. Performance Bond

Upon award of the contract, the successful bidder shall provide a performance bond in the amount of 100% of the total projected cost of the contract for the first year.

10. DCAMM Certification

In accordance with Section 44D of Chapter 149 of the General Laws of Massachusetts as amended, the prospective Bidders must submit with their Bid, a certificate of eligibility issued by the Division of Capital Asset Management and Maintenance (DCAMM), showing that the Bidder has been approved to bid on projects of the size and nature as advertised herein.

Prospective Bidders must also submit an update statement summarizing their record for the period between the latest DCAMM certificate and the date of the Bid submittal. The DCAMM certificate of eligibility to be submitted by the General Bidder shall be for the category of work defined as “Alarm Systems”.

11. Bid Deposit/Bond

In accordance with M.G.L c149, all bidders are required to submit a 5% bid deposit/bond of the value of their bid.

12. Estimated Quantities

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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.

13. 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 products delivered offered by each responsive and responsible bidder will be calculated for the first year solely 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.

In the event that the Town receives low bids in identical amount from two or more responsive and responsible Bidders, the Town shall select the successful Bidder by a blind selection process chosen by the Town such as flipping a coin or drawing names from a hat. The low Bidders who are under consideration will be invited to attend and observe the selection process. At least one witness shall be present during the selection process.

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 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.

11. Contract

The successful bidder will be required to execute the standard Town of North Andover contract as attached.

Town of North Andover IFB Page 11 of 27

APPENDIX A - PRICE PROPOSAL

The Contract will be awarded to the responsible, responsive bidder offering the lowest aggregate price for the first year only. All prices are to remain firm for the duration of the Contract.

YEAR 1: October 1, 2025 to September 30, 2026

Quantity Unit Price (per hour) Total Price

On-call Service/Maintenance 400 hours $__________ $_________

Emergency Calls 100 hours $__________ $_________

(non-business hours)

Annual Testing

Town Hall $_________

Senior Center $_________

Department of Public Works $_________

Youth Center $_________

Police Station $_________

Fire Station 1 $_________

Fire Station 2 $_________

Water Treatment Plant $_________

Steven’s Estate $_________

Steven’s Estate- Carriage House $_________

Stevens Memorial Library $_________

Atkinson Elementary School $_________

Early Childhood Center $_________

Franklin Elementary School $_________

North Andover High School $_________

North Andover Middle School $_________

Sargent Elementary School $_________

School Administration Building $_________

Thomson Elementary School $_________

Scholfield Mill $_________

Materials & Supplies $20,000 with mark-up ____% $__________

TOTAL $_________

Town of North Andover IFB Page 12 of 27

YEAR 2: October 1, 2026 to September 30, 2027

Senior Center $_________

Department of Public Works $_________

Youth Center $_________

Police Station $_________

Fire Station 1 $_________

Fire Station 2 $_________

Water Treatment Plant $_________

Steven’s Estate $_________

Steven’s Estate- Carriage House $_________

Stevens Memorial Library $_________

Atkinson Elementary School $_________

Early Childhood Center $_________

Franklin Elementary School $_________

North Andover High School $_________

North Andover Middle School $_________

Sargent Elementary School $_________

School Administration Building $_________

Thomson Elementary School $_________

Town of North Andover IFB Page 13 of 27

YEAR 3: October 1, 2027 to September 30, 2028

Senior Center $_________

Department of Public Works $_________

Youth Center $_________

Police Station $_________

Fire Station 1 $_________

Fire Station 2 $_________

Water Treatment Plant $_________

Steven’s Estate $_________

Steven’s Estate- Carriage House $_________

Stevens Memorial Library $_________

Atkinson Elementary School $_________

Early Childhood Center $_________

Franklin Elementary School $_________

North Andover High School $_________

North Andover Middle School $_________

Sargent Elementary School $_________

School Administration Building $_________

Thomson Elementary School $_________

Town of North Andover IFB Page 14 of 27

Addenda ______________ are acknowledged: __________________________________

Signature

Business Name______________________________________________________

Business Address____________________________________________________

Business Phone ________________________Fax __________________________

Email Address______________________________________________________

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 15 of 27

CONTRACT NO. _______________

VENDOR NO. _______________

BUILDING CONSTRUCTION CONTRACT WITH THE TOWN OF NORTH ANDOVER

THIS CONTRACT made and entered into this __ day of ___________, 2024, by and between CONTRACTORS, a domestic profit corporation duly authorized by law and having a principal place of business at __________________________________________, hereinafter called “CONTRACTOR”, and the TOWN of North Andover, (“TOWN”) a municipal corporation duly established by law and located at 120 Main Street, North Andover, in Essex County, Commonwealth of Massachusetts.

WHEREAS, the TOWN issued its Invitation for______; and

WHEREAS, the CONTRACTOR represents that it is duly qualified in this field, and has agreed to perform such services for the TOWN, when requested by the Department Head or his designee;

and

WHEREAS, the TOWN has accepted the CONTRACTOR'S offer.

NOW, THEREFORE, IT IS AGREED by and between the Parties as follows:

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The CONTRACTOR agrees that it will furnish all the necessary equipment, materials, and labor required to _______________ in the TOWN, in strict accordance with the Specifications, as directed by the Department Head, during the period commencing upon execution and terminating ______________, 2023, and will perform such work in a good workmanlike manner.

Time is of the essence for this Contract. Any extensions of time must be in writing and are at the sole discretion of the TOWN.

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The Invitation for Bid, the Specifications, the Bid, Bid Deposit, Payment Bond, Performance Bond, all required Certifications, all Insurance Binders, and the Schedule of Minimum Wage Rates, as established by the Director of the Department of Labor Standards in the Executive Office of Labor and Workforce Development, are incorporated herein and made a part of this CONTRACT.

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Town of North Andover IFB Page 16 of 27

Total payments under this CONTRACT shall not exceed ___________________ DOLLARS. This Contract is expressly subject to and contingent upon an appropriation of funds.

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The TOWN agrees to use best efforts to pay for services within thirty (30) days of receiving an invoice, so long as all services provided are sufficiently detailed in the invoice, and that the invoice has filed with the contracting department. Any payment under this Contract shall not constitute or be deemed a waiver, relinquishment, release, or abandonment of any claim which the TOWN may have against the CONTRACTOR for breach of this Contract.

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The CONTRACTOR agrees that no obligation shall be considered to have incurred under this CONTRACT unless and until a purchase order shall have been duly issued and approved.

And further, that the obligation incurred shall be limited to the amount set forth in purchase order or purchase orders duly issued and approved.

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The TOWN, in consideration of the above CONTRACTs on the part of the CONTRACTOR to be performed, agrees to pay to the CONTRACTOR the price set forth in Paragraph No. 3 for all work performed and the necessary equipment, tools, appliances and materials furnished hereunder.

The TOWN agrees to use best efforts to pay for services within thirty (30) days of receiving an invoice, so long as all services provided are sufficiently detailed in the invoice, and that the invoice has filed with the contracting department. Any payment under this Contract shall not constitute or be deemed a waiver, relinquishment, release, or abandonment of any claim which the TOWN may have against the CONTRACTOR for breach of this Contract.

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The work to be done under this CONTRACT, including all the necessary labor, equipment, tools, appliances and materials in connection therewith must, in all respects, notwithstanding any provision herein to the contrary or inconsistent therewith, meet with the approval of the contracting Department Head. The CONTRACTOR states that it is qualified, and is in all relevant aspects, in good standing. The CONTRACTOR certifies that performance under this Contract will meet ethical business standards and good stewardship of taxpayer and public funding to prevent waste or abuse.

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No laborer, workman or mechanic, working within the Commonwealth, in the employ of the CONTRACTOR, or any subcontractor authorized under this CONTRACT shall, in connection with

Town of North Andover IFB Page 17 of 27 the work to be done under this CONTRACT, be required or requested to work more than eight

(8) hours in any one (1) calendar day, or more than forty-eight (48) hours in any one (1) week, except in cases of extraordinary emergency, unless otherwise provided by law.

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The CONTRACTOR shall at all times during the Contract maintain in full force and effect Employer’s Liability, Worker’s Compensation (MGL c.152), Public Liability, and Property Damage Insurance, including contractual liability coverage. All insurance shall be for policy limits acceptable to the TOWN; 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); and before commencement of work hereunder the CONTRACTOR agrees to furnish the TOWN with certificate(s) of insurance or other evidence satisfactory to the TOWN. The certificates shall contain the following express obligations: “In the event of cancellation or material change in a policy affecting the certificate holder, thirty (30) days prior written notice will be given the certificate holder. Where notice is not provided by CONTRACTOR’s insurer, the notice will be provided by the CONTRACTOR.” The TOWN shall be named as an additional insured under each policy or policies, except Workers’ Compensation.

For the purpose of the Contract, the CONTRACTOR shall carry the following types of insurance in at least the limits specified below.

Workers’ Compensation – the required statutory amount Employer’s Liability – $500,000 Bodily Injury & Property Damage Liability Except Automobile – $500,000 Automobile Bodily Injury & Property Damage Liability – $1,000,000 combined single limit for each accident.

Excess Umbrella Liability – $5,000,000 for each occurrence

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It is further agreed by the CONTRACTOR that, in the event the TOWN is sued in a court of law or equity, or demand is made upon the TOWN for payment of any damages arising out of the CONTRACTOR’S performance or non-performance of this Contract, then the CONTRACTOR, without reservation, shall indemnify and hold harmless the TOWN against any and all claims arising out of the CONTRACTOR’S performance or non-performance of the CONTRACT.

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.

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Town of North Andover IFB Page 18 of 27

The CONTRACTOR agrees that the cost of Liquidated Damages shall be a fixed amount of FIVE HUNDRED and 00/100 DOLLARS ($500.00) for each consecutive calendar day the CONTRACTOR is in default of the Time for Completion condition for this contract.

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This Contract is subject to all laws of the Commonwealth of Massachusetts, federal, state and local, which are applicable to this Contract or work with a public entity; and it is presumed that the CONTRACTOR is cognizant thereof. Any and all proceedings or actions relating to the subject matter herein shall be brought and maintained in the courts of the Commonwealth, which shall have exclusive jurisdiction thereof. This paragraph shall not be construed to limit any other legal rights of the parties.

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The CONTRACTOR agrees to comply with all the provisions of General Laws, Chapter 30, Sections 39M and 39N, and Chapter 149, Sections 26 and 27, and all related sections, including amendments thereto, in performing all work under this CONTRACT, and the provisions of said sections are made a part of this CONTRACT and are to be considered as covenants, terms and conditions hereof as though all the provisions were specifically incorporated herein, and the provisions of the said sections shall apply even though it may appear they are not applicable to the work of the type to be performed under this CONTRACT. The said CONTRACTOR agrees to pay the Wage Scale, as established by the Director of the Department of Labor Standards in the Executive Office of Labor and Workforce Development, a copy of which is attached hereto and marked “D” and the CONTRACTOR further agrees that, in the event that there are to be employees of classifications other than those specifically stated herein engaged in the work to be performed under this CONTRACT, to submit a list of the additional classifications of those to be employed to the Department Head involved in this project, and the said CONTRACTOR agrees that it will pay the Schedule of Wages, as determined by the said Director of the Department of Labor Standards in the Executive Office of Labor and Workforce Development, under the provisions of General Laws, Chapter 149, Section 27, and the amendments thereto.

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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 c.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 c.149, §§26 to 27D (Prevailing Wage Law), as shall be in force and as amended. The CONTRACTOR will, in addition to any other submissions required by the Prevailing Wage Law, submit certified weekly payrolls to the TOWN with the information described in General Laws c.149, §27B.

Town of North Andover IFB Page 19 of 27

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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 c.151B (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.

The CONTRACTOR shall comply with all federal and state laws, rules and regulations promoting fair employment practices or prohibiting employment discrimination and unfair labor practices and shall not discriminate in the hiring of any applicant for employment nor shall any qualified employee be demoted, discharged or otherwise subject to discrimination in the tenure, position, promotional opportunities, wages, benefits or terms and conditions of their employment because of race, color, national origin, ancestry, age, sex, religion, disability, handicap, sexual orientation or for exercising any rights afforded by law.

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The CONTRACTOR shall give its personal attention constantly to the faithful performance of the work and shall not assign or delegate, in whole or in part or otherwise transfer any liability, responsibility, obligation, duty or interest under this Contract without the written approval of the

TOWN.

Any subcontract entered into by the CONTRACTOR for the purposes of fulfilling the obligations under this Contract must be in writing, authorized in advance by the TOWN and shall be consistent with and subject to the provisions of this Contract. Subcontracts will not relieve or discharge the CONTRACTOR from any duty, obligation, responsibility or liability arising under this Contract. The TOWN is entitled to copies of all subcontracts and shall not be bound by any provisions contained in a subcontract to which it is not a party.

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This Contract shall not be in force until the CONTRACTOR has executed and delivered to the TOWN and until the TOWN has accepted a Bid Deposit of Five (5%) Percent of the value of the total bid or sub-bid; Payment Bond in the amount of One Hundred (100%) percent of the contract price; Performance Bond in the amount of One Hundred (100%) percent of the contract price.

The Payment Bond and Performance Bond shall be secured by and paid for by the CONTRACTOR and shall be issued by a Surety Company satisfactory to the Department Head overseeing the

CONTRACT.

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It is further agreed that the TOWN may terminate this CONTRACT without cause, upon fourteen

(14) days’ written notice to the other party, sent by certified mail, to the usual place of business of the other party. The TOWN may also terminate this CONTRACT at any time for cause.

Town of North Andover IFB Page 20 of 27

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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 any natural person, business, partnership, corporation, union, committee, club or other organization, entity, or group of individuals.

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It is understood and agreed by the TOWN and the CONTRACTOR that a Contract Performance Record Form must be completed on this contract by the Department Head or his designee who is supervising this contract, and such Contract Performance Record Form must be submitted to the TOWN Manager, TOWN Auditor, and Purchasing Agent prior to release of final payment under this contract. If requested by the CONTRACTOR a copy of the Contract Performance Record Form shall be furnished to the CONTRACTOR.

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The CONTRACTOR certifies that any and all taxes and municipal fees due and owing to the TOWN of North Andover have been paid in full.

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All fees for permits or licenses required for this project by the TOWN shall be waived, however, fees for all other permits or licenses required for this project shall be an expense of the

CONTRACTOR.

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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 by the TOWN Accountant. The TOWN may immediately terminate or suspend this CONTRACT without liability on the part of the TOWN for damages, penalties or other charges in the event the appropriation funding this CONTRACT is terminated or reduced to an amount which will be insufficient to support anticipated future obligations under this CONTRACT.

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This contract is only binding upon, and enforceable against the TOWN if: 1) the Contract is signed by the TOWN Manager or her designee; 2) and endorsed with approval of TOWN Counsel as to form.

Town of North Andover IFB Page 21 of 27

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.

-25-

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. Any Amendments to this Contract must be made in writing and executed by all signatories to the original Contract, prior to the effective date of the amendment.

-26-

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.

IN WITNESS WHEREOF, the CONTRACTORS and the said TOWN OF NORTH ANDOVER have hereto and to a duplicate and triplicate hereof, caused their corporate seals to be affixed and these presents, together with said duplicate and triplicate, to be signed in their name and behalf by their duly authorized officers the day and year first above written.

APPROVED: CONTRACTORS

___________________________ By__________________________________ Melissa Murphy-Rodrigues Town Manager, North Andover

APPROVED AS TO FORM: TOWN OF NORTH ANDOVER

Christine P. O’Connor Department Head

Town Counsel ____________________________________ Kyle Warne Town Accountant Date: __ __________

Town of North Andover IFB Page 22 of 27

CERTIFICATIONS

CERTIFICATE OF NON-COLLUSION

The undersigned certifies under penalties of perjury that this bid or proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word “person” shall mean natural person, business, partnership, corporation, committee, union, club or other organization, entity, or group of individuals.

Signature Date ___________

Print Name & Title 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 27

CERTIFICATION

LABOR HARMONY AND OSHA TRAINING REQUIREMENTS

The undersigned certifies under penalties of perjury that he is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed at the work and that all employees to be employed at the worksite and in the work will have completed an OSHA-approved construction safety and health course lasting at least ten (10) hours.

Signature Date__________________________

Print Name & Title Company Name

Town of North Andover IFB Page 24 of 27

Certificate of Authorization

(NOTE: A certified vote of the corporation may be substituted for this form.)

The Vendor, __________________________________ is: (CHECK ONE) (Name of Company/Consultant/Corporation)

____ A. a corporation formed and existing under the laws of the state of

__________________, and pursuant to the corporate by-laws, (Insert Name and Title of Authorized Representative) is authorized to execute contracts in the name of said corporation. Such execution of any contract or obligation in this corporation’s name on its behalf by such duly authorized individual shall be valid and binding upon the corporation.

_____ B. a limited liability company or a partnership formed and existing under the laws of the state of __________________, and pursuant to the limited liability company agreement or partnership agreement, is authorized to execute contracts in the name of said company or partnership. Such execution of any contract or obligation in this company or partnership’s name on its behalf by such duly authorized individual shall be valid and binding upon the company or partnership.

_____ C. is a sole proprietorship owned an operated exclusively by the undersigned.

Execution of any contract or obligation in this sole proprietorship’s name by such duly authorized individual shall be valid and binding.

Signature:

(Must be signed by Corporate Officer, Partner, or Sole

Proprietor)

Print Name of Above

Title

Date

Town of North Andover IFB Page 25 of 27

PAYMENT BOND

Bond No. _______________

KNOW ALL MEN BY THESE PRESENTS, that we _______________________________________ with a place of business at ______________________________________________________________, as Principal (the “Principal”), and ______________________________________________, a corporation qualified to do business in the Commonwealth of Massachusetts, with a place of business at

__________________________________________________________________________ as Surety

(the “Surety”), are held and firmly bound unto the Town of North Andover, Massachusetts as Obligee (the

“Obligee”), in the sum of ______________________________________________ lawful money of the

United States of America, to be paid to the Obligee, for which payment, well and truly to be made, we bind ourselves, our respective heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal has assumed and made a contract with the Obligee, bearing the date of

__________________________________, for the construction of ______________________

NOW, THE CONDITIONS of this obligation are such that if the Principal and all subcontractors under said contract shall pay for all labor performed or furnished and for all materials used or employed in said contract and in any and all duly authorized modifications, alterations, extensions of time, changes or additions to said contract that may hereafter be made, notice to the Surety of such modifications, alterations, extensions of time, changes or additions being hereby waived, the foregoing to include, but not be limited to, any other purposes or items set out in, and to be subject to, the provisions of Massachusetts General Laws, Chapter

30, Section 39M, and Chapter 149, Section 29, as amended then this obligation shall become null and void;

otherwise, it shall remain in full force and virtue.

IN WITNESS WHEREFORE, the Principal and Surety have hereto set their hands and seals this

__________ day of ______________________.

PRINCIPAL

[Name and Seal]

[Title]

Attest: ___________________________

SURETY

[Attorney-in-fact] [Seal]

[Address]

[Phone]

Attest:

Town of North Andover IFB Page 26 of 27

PERFORMANCE BOND

Bond No. _____________________

KNOW ALL MEN BY THESE PRESENTS, that we

__________________________________________ with a place of business at

_______________________________________________________________, as Principal (the

“Principal”), and _________________________________________________, a corporation qualified to do business in the Commonwealth of Massachusetts, with a place of business at

___________________________________________________________________ as Surety (the

“Surety”), are held and firmly bound unto the Town of North Andover, Massachusetts as Obligee (the

“Obligee”), in the sum of ______________________________________________ lawful money of the

United States of America, to be paid to the Obligee, for which payment, well and truly to be made, we bind ourselves, our respective heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal has assumed and made a Contract with the Obligee, bearing the date of

________________________________, for the construction of __________________________

NOW THE CONDITIONS of this obligation are such that if the Principal (and all Subcontractors under said contract) shall well and truly keep and perform all the undertakings, covenants, agreement, terms and conditions of said contract on its part to be kept and performed during the original term of said contract and any extensions thereof that may be granted by the Obligee, with or without notice to the Surety, and during the life and any guarantee required under the contract, and shall also well and truly keep and perform all the undertakings, covenants, agreements, terms and conditions of any and all duly authorized modifications, alterations, changes or additions with notice to the Surety being hereby waived, then this obligation shall become null and void; otherwise, it shall remain in full force and virtue.

IN THE EVENT the Contract is abandoned by the Principal, or is terminated by the Town of North

Andover, Massachusetts under the applicable provisions of the Contract, the Surety hereby further agrees that the Surety shall, if requested in writing by the Town of North Andover, Massachusetts promptly take such action as is necessary to complete said Contract in accordance with its terms and conditions.

Town of North Andover IFB Page 27 of 27

IN WITNESS WHEREOF, the Principal and Surety have hereto set their hands and seals this _____ day of ____________________________.

PRINCIPAL

[Name and Seal]

[Title]

SURETY

[Attorney-in-fact] [Seal]

[Address]

[Phone]

END OF PERFORMANCE BOND

THE COMMONWEALTH OF MASSACHUSETTS

EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT

DEPARTMENT OF LABOR STANDARDS

Prevailing Wage Rates

MAURA HEALY

Governor

KIM DRISCOLL

Lt. Governor

As determined by the Director under the provisions of the Massachusetts General Laws, Chapter 149, Sections 26 to 27H

LAUREN JONES

Secretary

MICHAEL FLANAGAN

Director

Awarding Authority: Town of North Andover City/Town: NORTH ANDOVER

Contract Number:

Description of Work: Inspect, repair, sevice and/or modify fire alarm systems in all municipal and school buildings.

Job Location: Various locations

Information about Prevailing Wage Schedules for Awarding Authorities and Contractors

The wage rates will remain in effect for the duration of the project, except in the case of multi-year public construction projects. For construction projects lasting longer than one year, awarding authorities must request an updated wage schedule no later than two weeks before the anniversary of the date the contract was executed by the awarding authority and the general contractor. For multi-year CM AT RISK projects, the awarding authority must request an annual update no later than two weeks before the anniversary date, determined as the earlier of: (a) the execution date of the GMP Amendment, or (b) the execution date of the first amendment to permit procurement of construction services. The updated wage schedule must be provided to all contractors, including general and sub-contractors, working on the construction project.

This annual update requirement is generally not applicable to 27F “rental of equipment” contracts. For such contracts, the prevailing wage rates issued by DLS shall remain in effect for the duration of the contract term. However, if the prevailing wage rate sheet issued does not contain wage rates for each year covered by the contract term, the Awarding Authority must request updated rate sheets from DLS and provide them to the contractor to ensure the correct rates are being paid throughout the duration of the contract. Additionally, if an Awarding Authority exercises an option to renew or extend the contract term, they must request updated rate sheets form DLS and provide them to the contractor.

This wage schedule applies only to the specific project referenced at the top of this page and uniquely identified by the “Wage Request Number” on all pages of this schedule.

An Awarding Authority must request an updated wage schedule if it has not opened bids or selected a contractor within 90 days of the date of issuance of the wage schedule. For CM AT RISK projects (bid pursuant to G.L. c.149A), the earlier of: (a) the execution date of the GMP Amendment, or (b) the bid for the first construction scope of work must be within 90-days of the wage schedule issuance date.

The wage schedule shall be incorporated in any advertisement or call for bids for the project as required by M.G.L. c. 149, § 27. The wage schedule shall be made a part of the contract awarded for the project. The wage schedule must be posted in a conspicuous place at the work site for the life of the project in accordance with M.G.L. c. 149 § 27. The wages listed on the wage schedule must be paid to employees performing construction work on the project whether they are employed by the prime contractor, a filed sub-bidder, or a sub-contractor.

Apprentices working on the project are required to be registered with the Massachusetts Division of Apprentice Standards (DAS).