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HomeMy WebLinkAboutContract #: 008822 - From: To: - Exception - ExceptionIt S AL 0 O 0000 000� Qo1 O O QO1O�O O O GON �O M M N G1 N oo �O O0 .4 oO M n � 0 �c .-, "t r-- O O N N 00 0 O M ii N 69 69 1.09 6,4 r : 69 69 66 69 N 69I.S r�S r3 69 69 O V1 4 �i Z N z N Oki - Ok O —Cd Ok +�- O +�- U O O +� O U �U +A) 7:1� 0E- �U ' +O� b+�+OF E E N N N Cd O O N Cd Ell)� O N Cd N O N cn Cd O z cn >1 z U �C v o U A .o z wl .: U V1 rn 3 �c o U U � cd MW In o z co 00 wl a 000 o A -a ped Oo�� zNz Ae00v� w��w TOWN OF NORTH ANDOVER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Raymond T Santilli Assistant Town Manager & Human Resources Director Mr. Daniel P. Leary President & COO Nexamp, Inc. 21 High Street, Suite 209 North Andover, MA 01845 Dear Mr. Leary: July 14, 2010 TEL (978) 688-9516 FAX (978) 688-9556 As previously notified by letter dated November 17, 2009, the Town of North Andover decided to award the contract to Nexamp, Inc. for the installation of a solar photovoltaic system at North Andover High School. The Town is pleased to inform you that full funding for the project has been obtained and the work will entail the Base Bid ($21,566), Alternate 1 ($4,995), and Alternate 2 ($77,285) for a total project cost of $103,846 in accordance with the Invitation for Bid issued on October 16, 2009. Enclosed please find three (3) original standard Town of North Andover contracts for appropriate review and signature. Please return the signed contract documents and all required accompanying paperwork (including 50% payment bond and insurance certificates) to my attention as soon as possible. You are also asked to complete and sign a W-9 "Request for Taxpayer Identification Number and Certification". If you have any questions and/or concerns, please call me. Sincerely, Raymond T. Santilli Assistant Town Manager Enclosures CAROL HAJJAR WGRAVEY OF COUNSEL e-mail chm@uf-law.com Raymond Santilli Assistant Town Manager North Andover Town Offices 120 Main Street North Andover, MA 01.845 URBELIS & FIELDSTEEL, LLP 155 FEDERAL STREET BOSTON, MASSACHUSETTS 02110-1727 Telephone 617-338-2200 Telecopier 617-338-0122 September 10, 2010 RE: NEXAMP, INC. CONTRACT Dear Ray: Andover Telephone 978-475-4552 Enclosed please find the above -referenced contract, which has been approved as to form. Very truly yours, arol Hajjar McGravey CHM/saf Enclosure w:\wp51\work\n-andove\cotresp\santilli.ltr - contract23.doc Santilli, Ray From: Thibodeau, Bruce Sent: Friday, August 06, 2010 9:49 AM To: Mealey, James; Santilli, Ray Cc: Roberts, Gregory Subject: FW: North Andover High School Solar Array NEXAMP has been working through an issue with the roofing manufacturer concerning the installation of the solar panels on the High School roof. There is a current warranty by the manufacturer, Firestone, that is up in 2013 and normally these are not renewed since it would be costly to do so. The panels will be effecting only 3,000 sq. ft. of the total roof, the area where the panels are going is 8,000 sq ft, which is only a portion of the total roof area. The work in this area will not void any warranty for the remainder of the roof. Installation will involve NEXAMP vacuuming up the stone ballast then installing the panels which are ballasted and a rubber mat put down. No penetrations are made in the roof membrane. NEXAMP is willing to take over the warranty for the portion of the roof. They will do this in writing and the Project manger is checking with Dan Leary, NEXAMP president, on what form this will take either a contract wording change or a separate letter. Both Greg Roberts and I recommend going forward as NEXAMP has suggested, with them taking over the warranty. We feel the risk of any damage to the roof is vey low. I will be back to you on what written form this will take but I wanted to get your approval on the process. Bruce D. Thibodeam, PF Director, Public Works From: Matt Martunas [mailto:mmartunas@nexamp.com] Sent: Tuesday, August 03, 2010 2:07 PM To: Thibodeau, Bruce Subject: North Andover High School Solar Array Bruce, Thank you for taking the time to speak with me on Monday. Since North Andover High School has a ballasted roof system, Nexamp needed to contact the roofing manufacturer to discuss the photovoltaic system that is being installed. Nexamp will need to receive approval from the Manufacturer (Firestone) to alter the existing roof, without voiding the warranty. This alteration will include removing approximately 3,000 square feet of existing ballast stone in order to install our ballasted solar array. Through my discussions with Firestone, if Nexamp was to install our photovoltaic system without the approval of Firestone prior, the warranty in the location of the array will be voided. Firestone instead requests that Nexamp supplies them with copies of the photovoltaic array layout, installation manuals and procedures, as well as a check in the amount of $1,500.00 for a pre and post site visit. Upon completion of the pre installation site visit by a Firestone rep., Firestone could then issue punch list requirements that will need to be carried out in order to maintain the existing warranty. An example of this could be: installing an EPDM (rubber membrane) mat under the location of the solar array. After the punch list items are complete, Firestone will make a post installation site visit to determine if the punch list items were carried out accordingly. NOTE: The punch list items are site specific, however, a Firestone rep informed me that an additional EPDM mat is a typical required item. To my understanding, the current roof warranty at North Andover High School expires on November 13, 2013 and there have been no plans to renew another one. After discussing these issues with Dan Leary, Nexamp is proposing to reword the contract so that any rooftop issues in the location of the array up until November 13, 2013 will be resolved by Nexamp. If NAHS chooses for Nexamp to work with Firestone and maintain the existing three (3) year warranty in the location of the array, please note that the start date of the project could be delayed by a minimum of two (2) additional months. I will work directly with you in resolving these issues in a timely manner. Nexamp will take whichever direction that NAHS feels is best for them. Please contact me at your convenience, and we can meet to discuss further. Thank you, Matthew Martunas Project Manager 21 High Street, Suite 209 North Andover, MA 01845 p. 978.688.2700 x723 f. 978.416.2525 c. 508.723.2634 e. mmartunas a( nexamycom w. www.nexamo.com nWe% ��A TOWN OF NORTH ANDOVER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Raymond T Santilli Assistant Town Manager & Human Resources Director Mr. Daniel P. Leary President & COO Nexamp, Inc. 21 High Street, Suite 209 North Andover, MA 01845 Dear Mr. Leary: µORT► O 3•t va,p w. 'e OL SSACHUS�'t August 13, 2010 TEL (978) 688-9516 FAX (978) 688-9556 The contract documents pertaining to the installation of a solar photovoltaic system at North Andover High School were forwarded to Town Counsel for final review. Since the total cost of the project (including Alternate 1 and Alternate 2) exceeds $100,000, in accordance with Massachusetts General Laws Chapter 149, a 100% performance bond is also required in addition to the 100% payment bond already provided. Attached please find the appropriate Town form for the performance bond. If you have any questions and/or concerns, please call me. Sincerely, Raymond T. Santilli Assistant Town Manager Enclosure (1) Santilli, Ray From: Matt Martunas [mmartunas@nexamp.com] Sent: Wednesday, August 11, 2010 9:39 AM To: Thibodeau, Bruce; Roberts, Gregory; Santilli, Ray Cc: jmealey@townofnorthandover.com; John Bamman Attachments: NAndover Contract -Supplement C.PDF All, Following up on my conversation with Bruce last Friday, we have been advised by the Firestone (roofing mfgr) rep. that the installation of our roof -mounted solar PV system will in no way affect the existing warranty of the school roof materials and installation. Further, in the roof area under and immediately adjacent to where our solar array will be installed, Nexamp is responsible for any and all damage resulting from our installation as referenced in paragraph 26 of Construction Supplement "C": The Contractor's Insurance (copy attached). I trust this will resolve all remaining concerns and will look forward to receiving your signed contract so we can move forward with this exciting project. Sincerely, Matthew Martunas Project Manager 21 High Street, Suite 209 North Andover, MA 01845 p. 978.688.2700 x723 f. 978.416.2525 c. 508.723.2634 e. mmartunasa-nexamD.com w. www.nexamp.com n �Almip TOWN OF NORTH ANDOVER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Raymond T Santilli Assistant Town Manager & Human Resources Director Mr. Daniel P. Leary President & C00 Nexamp, Inc. 21 High Street, Suite 209 North Andover, MA 01845 Dear Mr. Leary: July 14, 2010 TEL (978) 688-9516 FAX (978) 688-9556 As previously notified by letter dated November 17, 2009, the Town of North Andover decided to award the contract to Nexamp, Inc. for the installation of a solar photovoltaic system at North Andover High School. The Town is pleased to inform you that full funding for the project has been obtained and the work will entail the Base Bid ($21,566), Alternate 1 ($4,995), and Alternate 2 ($77,285) for a total project cost of $103,846 in accordance with the Invitation for Bid issued on October 16, 2009. Enclosed please find three (3) original standard Town of North Andover contracts for appropriate review and signature. Please return the signed contract documents and all required accompanying paperwork (including 50% payment bond and insurance certificates) to my attention as soon as possible. You are also asked to complete and sign a W-9 "Request for Taxpayer Identification Number and Certification". If you have any questions and/or concerns, please call me. Sincerely, Raymond T. Santilli Assistant Town Manager Enclosures TOWN OF NORTH ANDOVER PURCHASING INVITATION FOR BIDS PURCHASE AND INSTALLATION OF A 2KW PHOTOVOLTAIC ARRAY AT THE NORTH ANDOVER HIGH SCHOOL FOR DEPARTMENT OF PUBLIC WORKS Contact October 16, 2009 Joseph Lydick Address 120 Main Street North Andover, MA 01845 Attn: Director of Purchasing Telephone Number: 978-688-9526 Fax Number: 978-688-9556 Email jlydick@tows .com Table of Contents 1. Introduction...........................................................3 2. Instructions to Bidders...............................................3 3. Evaluation..............................................................4 4. Submission requirements............................................5 4.1 Submission deadline........................................5 4.2 IFB requirements/communications .......................6 5. Attachments..........................................................6 Attachment A: Specifications.......................................7 Procurement Calendar Event Date Time IFBpublication/posting 10/16/09 11:00 a.m. Mandatory Pre -Bid Meeting 10/21/09 11:00 a.m. Deadline for written inquiries 10/23/09 11:00 a.m. Response to written inquiries 10/28/09 Submission deadline 11/02/09 I I :00a.m. Evaluation completed TBD Award TBD 1. Introduction 1.01. GENERAL DESCRIPTION A. The Town of North Andover is seeking qualified contractors to provide bids for the turnkey procurement and installation of an approximately 2 kW to 3 kW (DC) solar photovoltaic system. This system will be installed at the North Andover High School, located at — Osgood Street and it must include a Data Acquisition System to monitor system performance and provide monthly reports to the Massachusetts Technology Collaborative (MTC)'s Production Tracking System (PTS). The cost ceiling for this project is $25,000 and responses proposing systems larger than 2 kW are encouraged. 1.02. GENERAL REQUIREMENTS A. Selected contractor will be responsible for ensuring that installation of solar panels does not exceed roof tolerances taking into consideration wind, snow and static load. B. Bidders are required to participate in the MANDATORY pre-bid meeting held on Wednesday, March 18, 2009 at 10:00 AM at the High Rock School located at 77 Ferndale Road. Bid submissions are due by 2:00 PM, Friday, March 27, 2009, at which date & time the submitted bids will be publicly opened and read aloud at the Department of Public Works, Second Floor Conference Room, 470 Dedham Ave., Needham MA. C. Examine all conditions as they exist at the project prior to submitting a bid for the work of this SECTION. D. Bids are subject to the provisions of M.G.L. Chapter 149, Section 44A to H as amended to date. E. The contractor providing construction services will at all times comply with the wage rates as determined by the Commissioner of the Department of Labor and Industries and submit certified payroll sheets to the Town. F. Notice of this IFB is published in the Goods and Services Bulletin, which is a weekly publication of the Office of the Secretary of State, and in the Eagle Tribune which is a newspaper with a circulation sufficient to inform the people of the affected locality. Additionally this IFB is also posted on the Town website (www.townofnorthandover.com) Contractors interested in submitting the bids are encouraged to review all information both those required for submission of bids and those required for contract award. 2. Instructions to Bidders All bids must be properly signed, enclosed in an envelope that is sealed and plainly marked on the outside with the title "Purchase and Installation of a 2kW Photovoltaic Array for the North Andover High School", the bidder's name, and the due date of bids. Bid packages must include a cover letter, on the company letterhead, that is signed by a person who is authorized to contractually bind the bidder's organization. The cover letter should be dated and should show the bidder's name, address, and phone number. It should also state the name, title, and phone number of the organization's primary contact person for this Invitation For Bids if he or she is other than the signer. All bids must be delivered to the Division of Public Works Office at 384 Osgood Street, North Andover, Ma no later than 11:00 AM on Monday, November 2, 2009. The town will make two contract awards from this IFB. The Town shall award a contract according to the evaluation criteria set forth in this Invitation For Bids. The term of this contract will be six months from the date of execution of contract and may be extended for an additional year at the sole discretion of the Town. A bidder may correct, modify, or withdraw a bid by written notice received in the Division of Public Works Office prior to the time and date set for the bid opening. After bid opening, a bidder may not change the price or any other provision of the bid in a matter prejudicial in the interest of the Town or fair competition. The Town shall waive minor informalities or allow the bidder to correct them. A bid must be signed as follows: 1. If the bidder is an individual, by him/her personally 2. If the bidder is a partnership, by the name of the partnership, followed by the signature of each general partner 3. 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. The enclosed W-9, Supplement C, Non -Collusion and Tax compliance forms must be signed and enclosed or the bid will be rejected All bids must include a certificate of insurance that shows the bidder carries the minimum general liability coverage as well as workers compensation insurance as defined in Section 3 of this IFB. All bids must meet the technical requirements as identified in the specifications. Price submissions must be enclosed and signed by an authorized official. Questions concerning this IFB must be submitted in writing to: Division of Public Works Office Attention: Division Director 384 Osgood Street North Andover, MA 01845 Or they may be email to the Division Director at: bthibodeau(a)_townofnorthandover.com. All questions must be submitted prior to the deadline listed in the procurement calendar on page 1 of this IFB. The Town of North Andover may cancel this IFB or reject in whole or in part any and all bids, if the Town determines that cancellation or rejection serves the best interest of the Town. Price submissions must be enclosed and signed by an authorized official. All bid prices submitted in response to this IFB must remain firm for sixty (60) days following the bid opening. Prices quoted will be used for the life of the contract. The Town of North Andover reserves the right to negotiate lower pricing at time of renewal. If, at the time of the scheduled bid opening, Town Hall is closed due to uncontrolled events such as a national or local disaster, fire, snow, ice, wind, or building evacuation, the bid opening will be postponed until 10:00AM on the next normal business day. (The Town Manager or his designee, or local, state and national safety officials are the only ones who may declare Town Hall closed.) In that case, bids would be accepted until that date and time. 3. Evaluation of Bids. Bids will first be examined for their responsiveness to what is requested in this Invitation For Bids. Responsibility of the bidder will then be ascertained. Finally, the aggregate price offered by each responsive and responsible bidder will be calculated. The Town is required to award the contract to the lowest responsive 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 specifications 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 the following 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 scope of services. 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 and shall furnish same under oath if required. During the evaluation of bids the Town may request a list of owned and leased equipment by each bidder. 4. Submission Requirements 4.1 Submission Deadline: All bids must be properly signed, enclosed in an envelope that is sealed and plainly marked on the outside with the title "Purchase and Installation of a 2kW Photovoltaic Array for the North Andover High School", the bidder's name, and the due date of bids. Bid packages must include a cover letter, on the company letterhead, that is signed by a person who is authorized to contractually bind the bidder's organization. The cover letter should be dated and should show the bidder's name, address, and phone number. It should also state the name, title, and phone number of the organization's primary contact person for this Invitation For Bids if he or she is other than the signer. All bids must be delivered to the Division of Public Works Office at 384 Osgood Street, North Andover, Ma no later than 11:00 AM on Monday, November 2, 2009. The Director of Engineering must receive each proposal with all attachments for the Town on or before the submission deadline of All bids must be properly signed, enclosed in an envelope that is sealed and plainly marked on the outside with the title "Purchase and Installation of a 2kW Photovoltaic Array for the North Andover High School", the bidder's name, and the due date of bids. Bid packages must include a cover letter, on the company letterhead, that is signed by a person who is authorized to contractually bind the bidder's organization. The cover letter should be dated and should show the bidder's name, address, and phone number. It should also state the name, title, and phone number of the organization's primary contact person for this Invitation For Bids if he or she is other than the signer. All bids must be delivered no later than the time that is clearly stated in the Procurement calendar. All envelopes must be labeled "Purchase and Installation of a 2kW Photovoltaic Array for the North Andover High School" and mailed or hand delivered to the following address: Division of Public Works Office Attention: Division Director 384 Osgood Street North Andover, MA 01845 PROPOSALS RECEIVED BY THE TOWN LATER THAN THE SUBMISSION DEADLINE WILL BE DEEMED NON-RESPONSIVE AND WILL BE REJECTED. All proposals will be date/time stamped by the Director of Engineering as they are received and the Town's date/time stamp will be controlling. If delivered late in person, delivery will be refused. TELECOPIED OR FAXED PROPOSALS WILL BE DEEMED NON-RESPONSIVE AND WILL BE REJECTED, REGARDLESS OF DATE RECEIVED. The Town will not accept any information or materials submitted after the Submission Deadline unless said information or materials are provided in response to the Towns' written request for such information or materials. These requirements will strictly be enforced. Bidders are cautioned to hand deliver their proposals or to allow sufficient time for their proposals to be received by mail or other delivery service. For individuals hand delivering proposals they can be delivered to the Director of Engineering at the address listed above. All proposals shall be unconditional. Prior to the submission deadline, Bidders may correct or modify a proposal by written notice to the Director of Engineering at the address specified above. After the opening of proposals, a proposer may not correct or modify the price or any other provisions of its proposal in a manner prejudicial to the interests of the Town or fair competition as determined by the Inspector General of the Commonwealth of Massachusetts office; provided that after the submission deadline, the Town may (but is not required to) request that all Bidders submit a best and final offer by a deadline later specified by the Town. 4.2 IFB Requirements/Communications: It is the sole responsibility of the bidder to ascertain the existence of any addenda and /or modifications disseminated by the Town, whether or not the same are mailed to, or received by, bidder. As this IFB has been published on the Town website (www.townofnorthandover.com). All Bidders are responsible for checking the Town Website for any addenda and /or modifications that are subsequently made to this IFB or attachments. The Town accepts no liability for and will provide no accommodations to bidders who fail to check for amendments 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, specifications, terms and conditions, or which change the intent of this IFB are prohibited and may disqualify a response. Bidders are prohibited from communicating directly with any employee of the Town, except as specified in this IFB, and no other 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 the Contact Person for this IFB in the event this IFB is incomplete or the proposer 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. Bidders 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 behave of the Town. All questions or inquiries concerning this IFB must be made in writing to the Director of Engineering through either regular mail or email. All questions must be received by the inquiry date specified on the procurement calendar; all answer to questions/inquiries will be posted on the Town website (www.townofnorthandover.com) no earlier than the date/time specified on the procurement calendar. THE COMMONWEALTH OF MASSACHUSETTS st 7 EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT *- i DIVISION OF OCCUPATIONAL SAFETY i E ' Prevailing Wage Rates DEVALL. PATRICK As determined by the Commissioner under the provisions of the sec Maty nSUZAN R' fM. B etnpmem C3 ,,cmor Massachusetts General Laws, Chapter 149, Sections 26 to 27H TIMOTHY P. HURRAY GEORGE NOEL Lieutenant Oovemor Director of Labor LAURA M. MARLIN Cottumissionerof Division of Occupational Safely Awarding Authority: Town of North Andover Contract Number: City/Town: NORTH ANDOVER Description of Work: Install a 2kw photo voltaic array (solar panels)on the North Andover High School. Job Location: 430 Osgood St, North Andover, MA Classification Effective Dates and Total Rates Construction (2 AXLE) DRIVER - EQUIPMENT 06/01/2009 $42.680 12/01/2009 $43.230 06/01/2010 $43.830 (3 AXLE) DRIVER - EQUIPMENT (4 & 5 AXLE) DRIVER - EQUIPMENT ADS/SUBMERSIBLE PILOT AIR TRACK OPERATOR ASBESTOS REMOVER - PIPE / MECH. EQUIPT. ASPHALT RAKER ASPHALT/CONCRETEICRUSHER PLANT -ON SITE BACKHOE/FRONT-END LOADER BARCO-TYPE JUMPING TAMPER BLOCK PAVER, RAMMER / CURB SETTER BOILER MAKER $58.190 APPRENTICE: BOILERMAKER -Local 29 Ratio Step 1 2 3 1:5 % 65.00 65.00 70.00 BRICK/STONE/ARTIFICIAL MASONRY (INCL. MASONRY WATERPROOFING) 12/01/2011 APPRENTICE: BRICK/PLASTER/CEMENT MASON - Local 3 Lynn Ratio Step 1 2 3 1:5 % 50.00 60.00 70.00 BULLDOZER/GRADER/SCRAPER CAISSON & UNDERPINNING BOTTOM MAN CAISSON & UNDERPINNING LABORER 12/01/2010 $44.430 06/01/2011 $45.180 12/01/2011 $45.840 06/01/2012 $46.490 12/01/2012 $47.520 06/01/2009 $42.750 12/01/2009 $43.300 06/01/2010 $43.900 12/01/2010 $44.500 06/01/2011 $45.250 12/01/2011 $45.910 06/01/2012 $46.560 12/01/2012 $47.590 06/01/2009 $42.870 12/01/2009 $43.420 06/01/2010 $44.020 12/01/2010 $44.620 06/01/2011 $45.370 12/01/2011 $46.030 06/01/2012 $46.680 12/01/2012 $47.710 08/01/2009 $102.480 08/01/2010 $107.460 08/01/2011 $112.980 06/01/2009 $43.500 12/01/2009 $44.500 06/01/2010 $45.500 12/01/2010 $46.750 06/01/2011 $47.750 12/01/2011 $49.000 06/01/2009 $39.250 12/01/2009 $40.250 06/01/2009 $43.000 12/01/2009 $44.000 06/01/2010 $45.000 12/01/2010 $46.250 06/01/2011 $47.250 12/01/2011 $48.500 06/01/2009 $57.410 12/01/2009 $58.530 06/012010 $59.780 12/01/2010 $61.030 06/01/2009 $57.410 12/01/2009 $58.530 06/01/2010 $59.780 12/01/2010 $61.030 06/01/2009 $43.000 12/01/2009 $44.000 06/01/2010 $45.000 12/01/2010 $46.250 06/01/2011 $47.250 12/012011 $48.500 06/01/2009 $43.500 12/01/2009 $44.500 06/01/2010 $45.500 12/01/2010 $46.750 06/012011 $47.750 12/012011 $49.000 10/012008 $54.800 4 5 6 7 8 75.00 80.00 85.00 90.00 95.00 08/01/2009 $67.120 02/012010 $68.010 08/012010 $69.910 02/01/2011 $70.900 08/012011 $73.000 02/01/2012 $73.990 4 5 80.00 90.00 06/01/2009 $57.090 12/012010 $60.680 06/012009 $47.250 12/01/2010 $50.500 06/01/2009 $46.100 12/01/2010 $49.350 12/012009 $58.190 06/01/2010 $59.430 12/01/2009 $48.250 06/01/2010 $49.250 06/01/2011 $51.500 12/01/2011 $52.750 12/01/2009 $47.100 06/01/2010 $48.100 06/012011 $50.350 12/01/2011 $51.600 This wage schedule must be posted at the work site in accordance with M.G.L. ch. 149, sec. 27 Failure of the employer to pay "prevailing wage rates," which are the minimum wage rates listed above, on public works projects is a violation of M.G.L. ch. 149, sec. 27. Employees not receiving such rates should report the violation to the Office of Fair Labor and Business Practices, 100 Cambridge Street, Boston, MA 02108; Tel: 617-727-3465. Issue Date: 10/15/2009 Wage Request Number: 20091015-011 Page 1 of 10 THE COMMONWEALTH OF MASSACHUSETTS it 1 EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT WE WL W1 DIVISION OF OCCUPATIONAL SAFETY Prevailing Wage Rates DEVAL L. PATRICK As determined by the Commissioner under the provisions of the SUZANNE M. BUMP m Goveor Secretary of Labor aM Workforce Development TIMOTHY MURRAY Massachusetts General Laws, Chapter 149, Sections 26 to 27H GEORGENOEL Lieutenant Gownrcr Director of Labor LAURA M. MARLIN Commissioner of Division of Occupational Safety Awarding Authority: Town of North Andover Contract Number: City/Town: NORTH ANDOVER Description of Work: Install a 2kw photo voltaic array (solar panels)on the North Andover High School. Job Location: 430 Osgood St, North Andover, MA Classification Effective Dates and Total Rates CAISSON & UNDERPINNING TOP MAN 06/01/2009 $46.100 12/01/2009 $47.100 06/01/2010 $48.100 12/01/2010 $49.350 06/01/2011 $50.350 12/01/2011 $51.600 CARBIDE CORE DRILL OPERATOR 06/01/2009 $43.000 12/01/2009 $44.000 06/01/2010 $45.000 12/01/2010 $46.250 06/01/2011 $47,250 12/01/2011 $48.500 CARPENTER 09/01/2009 $53.630 03/01/2010 $54.500 09/01/2010 $55.380 03/01/2011 $56.250 09/01/2011 $57.380 03/01/2012 $58.500 APPRENTICE: CARPENTER - Zone 2 Eastem MA Ratio Step 1 2 3 4 5 6 7 8 1:5 % 50.00 60.00 70.00 75.00 80.00 80.00 90.00 90.00 CEMENT MASONRY/PLASTERING 08/01/2009 $65.510 02/01/2010 $66.200 08/01/2010 $67.670 02/01/2011 $68.440 08/01/2011 $70.060 02/01/2012 $70.830 CHAIN SAW OPERATOR 06/01/2009 $43.000 12/01/2009 $44.000 06/01/2010 $45.000 12/01/2010 $46.250 06/01/2011 547.250 12/01/2011 $48.500 CLAM SHELLS/SLURRY BUCKETS/HEADING MACHINES 06/01/2009 $57.410 12/01/2009 $58.530 06/01/2010 $59.780 12/01/2010 $61.030 COMPRESSOR OPERATOR 06/01/2009 $47.070 12/01/2009 $47.890 06/01/2010 $48.810 12/01/2010 $49.740 DELEADER(BRIDGE) 07/01/2009 $62.260 01/01/2010 $63.410 DEMO: ADZEMAN 06/01/2009 $46.100 12/01/2009 $47.100 06/01/2010 $48.100 12/01/2010 $49.350 06/01/2011 $50.350 12/01/2011 $51.600 DEMO: BACKHOE/LOADER/HAMMEROPERATOR 06/01/2009 $47.100 12/01/2009 $48.100 06/01/2010 $49.100 12/01/2010 $50.350 06/01/2011 $51.350 12/01/2011 $52.600 DEMO: BURNERS 06/01/2009 $46.850 12/01/2009 $47.850 06/01/2010 $48.850 12/01/2010 $50.100 06/01/2011 $51.100 12/01/2011 $52.350 DEMO: CONCRETE CUTTER/SAWYER 06/01/2009 $47.100 12/01/2009 548.100 06/01/2010 $49.100 12/01/2010 $50.350 06/01/2011 $51.350 12/01/2011 $52.600 DEMO: JACKHAMMER OPERATOR 06/01/2009 $46.850 12/01/2009 $47.850 06/01/2010 $48.850 12/01/2010 $50.100 06/01/2011 $51.100 12/01/2011 $52.350 DEMO: WRECKING LABORER 06/01/2009 $46.100 12/01/2009 $47.100 06/01/2010 $48.100 12/01/2010 $49.350 06/01/2011 $50.350 12/01/2011 $51.600 DIRECTIONAL DRILL MACHINE OPERATOR 06/01/2009 $57.090 12/01/2009 $58.190 06/01/2010 $59.430 12/01/2010 $60.680 DIVER 08/01/2009 $75.600 08/01/2010 $78.890 08/01/2011 $82.740 DIVER TENDER 08/01/2009 $60.240 08/01/2010 $62.590 08/01/2011 $65.340 DIVER TENDER (EFFLUENT) 08/01/2009 $79.440 08/01/2010 $82.960 08/01/2011 $87.090 DIVER/SLURRY (EFFLUENT) 08/01/2009 $102.480 08/01/2010 $107.410 08/01/2011 $113.190 ELECTRICIAN 09/012009 $64.800 03/01!2010 $66.030 09/01/2010 $67.270 03/012011 $68.510 This wage schedule must be posted at the work site in accordance with M.G.L. ch. 149, sec. 27 Failure of the employer to pay "prevailing wage rates," which are the minimum wage rates listed above, on public works projects is a violation of M.G.L. ch. 149, sec. 27. Employees not receiving such rates should report the violation to the Office of Fair Labor and Business Practices, 100 Cambridge Street, Boston, MA 02108; Tel: 617-727-3465. Issue Date: 10/15/2009 Wage Request Number: 20091015-011 Page 2 of 10 THE COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT st + 1 DIVISION OF OCCUPATIONAL SAFETY Prevailing Wage Rates DEVAL L. PATRICK As determined by the Commissioner under the provisions of the SUZANNE M BUMP Govemor Secretary of Labor and Workforce Development TIMOTHY MURRAY Massachusetts General Laws, Chapter 149, Sections 26 to 27H GEORGENOEL Lieutenant Govemor Director of Labor LAURA M. MARLIN Commissiomrof Division of Occupational Safety Awarding Authority: Town of North Andover Contract Number: City/Town: NORTH ANDOVER Description of Work: Install a 2kw photo voltaic array (solar panels)on the North Andover High School. Job Location: 430 Osgood St, North Andover, MA Classification Effective Dates and Total Rates APPRENTICE: ELECTRICIAN - Local 103 Ratio Step 1 2 3 4 5 6 7 8 9 10 2:3*** % 40.00 40.00 45.00 45.00 50.00 55.00 60.00 65.00 70.00 75.00 App Prior 1/1/03; 30/35/40/45/50/55/65/70/75/80 ELEVATOR CONSTRUCTOR APPRENTICE: ELEVATOR CONSTRUCTOR - Local 4 Ratio Step 1 2 3 1:1 % 50.00 55.00 65.00 ELEVATOR CONSTRUCTOR HELPER FENCE & GUARD RAIL ERECTOR FIELD ENG. - INST. PERSON (BLDG, SITE, HVY CONST) FIELD ENG. - ROD PERSON (BLDG, SITE, HVY CONST) FIELD ENG. -CHIEF OF PARTY (BLDG, SITE, HVY CONST) FIRE ALARM INSTALLER FIRE ALARM REPAIR / MAINTENANCE FIREMAN (ASST. ENGINEER) FLAGGER & SIGNALER FLOORCOVERER APPRENTICE: FLOORCOVERER - Local 2168 Zone I Ratio Step 1 2 3 11 % 50.00 55.00 60.00 4 70.00 4 65.00 01/01/2009 $63.690 01/01/2010 $65.190 01/01/2011 $66.690 01/01/2012 $68.190 5 80.00 Steps 1-2 are 6 mos., Steps 3-5 are i year 01/01/2009 $49.830 01/01/2012 $54.330 06/01/2009 $43.000 12/01/2010 $46.250 05/01/2009 $54.780 11/01/2010 $58.190 05/01/2009 $40.260 11/01/2010 $42.250 05/01/2009 $56.140 11/01/2010 $59.570 09/01/2009 $64.800 03/01/2011 $68.510 09/01/2009 $52.870 03/01/2011 $55.660 06/01/2009 $51.780 12/01/2010 $54.890 06/01/2009 $34.400 12/01/2010 $35.400 03/01/2009 $58.380 5 6 70.00 75.00 Steps are 750 hrs. 01/01/2010 $51.330 01/01/2011 $52.830 12/01/2009 $44.000 06/01/2010 $45.000 06/01/2011 $47.250 12/01/2011 $48.500 11/01/2009 $55.850 05/01/2010 $56.950 05/01/2011 $59.430 11/01/2009 $40.870 05/01/2010 $41.520 05/01/2011 $42.980 11/01/2009 $57.210 05/01/2010 $58.320 05/01/2011 $60.820 03/01/2010 $66.030 09/01/2010 $67.270 03/01/2010 $53.790 12/01/2009 $52.740 12/01/2009 $34.400 06/01/2011 $36.400 7 8 80.00 85.00 09/01/2010 $54.720 06/01/2010 $53.810 06/01/2010 $35.400 12/01/2011 $36.400 FORK LIFT/CHERRY PICKER 06/01/2009 $57.410 12/01/2009 $58.530 06/01/2010 $59.780 12/01/2010 $61.030 GENERATOR/LIGHTING PLANTMEATERS 06/01/2009 $47.070 12/01/2009 $47.890 06/01/2010 $48.810 12/01/2010 $49.740 This wage schedule must be posted at the work site in accordance with M.G.L. ch. 149, sec. 27 Failure of the employer to pay "prevailing wage rates," which are the minimum wage rates listed above, on public works projects is a violation of M.G.L. ch. 149, sec. 27. Employees not receiving such rates should report the violation to the Office of Fair Labor and Business Practices, 100 Cambridge Street, Boston, MA 02108; Tel: 617-727-3465. Issue Date: 10/15/2009 Wage Request Number: 20091015-011 Page 3 of 10 THE COMMONWEALTH OF MASSACHUSETTS s4 EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT fill I DIVISION OF OCCUPATIONAL SAFETY I Prevailing Wage Rates DEVAL L. PATRICK As determined by the Commissioner under the provisions of the SUZANNE M. BUMP Govenior Secretary of Labor and Workforce Development TIMOTHY P. MURRAY Massachusetts General Laws, Chapter 149, Sections 26 to 27H GEORGE NOEL Lieutenant Governor Director of Labor LAURA M. MARLIN Commissioner of Division of 0ecupational Safety Awarding Authority: Town of North Andover Contract Number: City/Town: NORTH ANDOVER Description of Work: Install a 2kw photo voltaic array (solar panels)on the North Andover High School. Job Location: 430 Osgood St, North Andover, MA Classification Effective Dates and Total Rates GLAZIER (GLASS PLANK/AIR BARRIER/INTERIOR SYSTEMS) 07/01/2009 $51.760 01/01/2010 $52.910 APPRENTICE: GLAZIER -Local 35Zone 2 Ratio Step 1 2 3 4 5 6 7 8 1:1 % 50.00 55.00 60.00 65.00 70.00 75.00 80.00 90.00 Steps are 750 hrs. HOISTING ENGINEER/CRANES/GRADALLS APPRENTICE: HOIST/PORT. ENG: Local 4 Ratio Step 1 2 1:6 % 55.00 60.00 HVAC (DUCTWORK) HVAC (ELECTRICAL CONTROLS) HVAC (TESTING AND BALANCING - AIR) HVAC (TESTING AND BALANCING -WATER) HVAC MECHANIC HYDRAULIC DRILLS 3 4 65.00 70.00 INSULATOR (PIPES & TANKS) APPRENTICE: ASBESTOS INSULATOR (Pipes & Tanks) - Local 6 Boston Ratio Step 1 2 3 4 14 % 50.00 60.00 70.00 80.00 IRONWORKERIWELDER APPRENTICE: IRONWORKER - Local 7 Lawrence Ratio Step 1 2 3 4 % 60.00 70.00 75.00 80.00 Structural 1:6; Ornamental 1:4 JACKHAMMER & PAVING BREAKER OPERATOR LABORER 06/01/2009 $57.410 12/01/2010 $61.030 5 6 75.00 80.00 08/01/2009 $62.260 02/01/2011 $66.010 08/01/2012 $69.760 09/01/2009 $64.800 03/01/2011 $68.510 08/01/2009 $62.260 02/01/2011 $66.010 08/01/2012 $69.760 09/01/2009 $62.400 09/01/2009 $62.400 06/01/2009 $43.500 12/01/2010 $46.750 09/01/2009 $59.260 Steps are 1 year 12/01/2009 $58.530 06/01/2010 $59.780 7 8 85.00 90.00 02/01/2010 $63.510 08/01/2010 $64.760 08/01/2011 $67.260 02/01/2012 $68.510 02/01/2013 $71.010 03/01/2010 $66.030 09/01/2010 $67.270 02/01/2010 $63.510 08/01/2011 $67.260 02/01/2013 $71.010 03/01/2010 $64.400 03/01/2010 $64.400 12/01/2009 $44.500 06/01/2011 $47.750 09/01/2010 $61.660 09/16/2009 $55.170 03/16/2010 $56.570 5 6 85.00 90.00 08/01/2010 $64.760 02/01/2012 $68.510 06/01/2010 $45.500 12/01/2011 $49.000 06/01/2009 $43.000 12/01/2009 $44.000 06/01/2010 $45.000 12/01/2010 $46.250 06/01/2011 $47.250 12/01/2011 $48.500 06/01/2009 $42.750 12/01/2009 $43.750 06/01/2010 $44.750 12/01/2010 $46.000 06/01/2011 $47.000 12/01/2011 $48.250 This wage schedule must be posted at the work site in accordance with M.G.L. ch. 149, sec. 27 Failure of the employer to pay "prevailing wage rates," which are the minimum wage rates listed above, on public works projects is a violation of M.G.L. ch. 149, sec. 27. Employees not receiving such rates should report the violation to the Office of Fair Labor and Business Practices, 100 Cambridge Street, Boston, MA 02108; Tel: 617-727-3465. Issue Date: 10/15/2009 Wage Request Number: 20091015-011 Page 4 of 10 1424 THE COMMONWEALTH OF MASSACHUSETTS st EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT 1 DIVISION OF OCCUPATIONAL SAFETY Prevailing Wage Rates DEVAL L. PATRICK As determined by the Commissioner under the provisions of the , oSLUZANN wwM. BUMP elnpme a Gmernor and ,TIMOTHY P MURRAY Massachusetts General Laws, Chapter 149, Sections 26 to 27H GEORGE NOEL Lieutenant Govemor Director of Labor LAURA M. MARLIN Commissioner of Division of Occupafronal Safety Awarding Authority: Town of North Andover Contract Number: City/Town: NORTH ANDOVER Description of Work: Install a 2kw photo voltaic array (solar panels)on the North Andover High School. Job Location: 430 Osgood St, North Andover, MA Classification Effective Dates and Total Rates APPRENTICE: LABORER - Zone 2 Ratio Step 1 2 3 4 1:5 % 60.00 70.00 80.00 90.00 LABORER: CARPENTER TENDER 06/01/2009 $42.750 12/01/2009 $43.750 06/01/2010 $44.750 12/01/2010 $46.000 06/01/2011 $47.000 12/01/2011 $48.250 LABORER: CEMENT FINISHER TENDER 06/01/2009 $42.750 12/01/2009 $43.750 06/01/2010 $44.750 12/01/2010 $46.000 06/01/2011 $47.000 12/01/2011 $48.250 LABORER: HAZARDOUS WASTEIASBESTOS REMOVER 06/01/2009 $42.750 12/01/2009 $43.750 06/01/2010 $44.750 12/01/2010 $46.000 06/01/2011 $47.000 12/01/2011 $48.250 LABORER: MASON TENDER 06/01/2009 $43.000 12/01/2009 $44.000 06/01/2010 $45.000 12/01/2010 $46.250 06/01/2011 $47.250 12/01/2011 $48.500 LABORER: MULTI -TRADE TENDER 06/01/2009 $42.750 12/01/2009 $43.750 06/01/2010 $44.750 12/01/2010 $46.000 06/01/2011 $47.000 12/01/2011 $48.250 LABORER: TREE REMOVER 06/01/2009 $42.750 12/01/2009 $43.750 06/01/2010 $44.750 12/01/2010 $46.000 06/01/2011 $47.000 12/01/2011 $48.250 This classification applies to the wholesale removal of standing trees including all associated trimming of branches and limbs, and applies to the removal of branches at locations not on or around utility lines. LASER BEAM OPERATOR 06/01/2009 $43.000 12/01/2009 $44.000 06/01/2010 $45.000 12/01/2010 $46.250 06/01/2011 $47.250 12/01/2011 $48.500 MARBLE & TILE FINISHERS 08/01/2009 $56.240 02/01/2010 $56.950 08/01/2010 $58.470 02/01/2011 $59.270 08/01/2011 $60.950 02/01/2012 $61.740 APPRENTICE: MARBLE -TILE -TERRAZZO FINISHER -Local 3 Marble & Ttle Ratio Step 1 2 3 4 1:3 % 50.00 60.00 70.00 80.00 MARBLE MASONS,TILELAYERS & TERRAZZO MECH APPRENTICE: MARBLE -TILE -TERRAZZO MECHANIC - Local 3 Marble & Tile Ratio Step 1 2 3 4 1:3 % 50.00 60.00 70.00 80.00 MECH. SWEEPER OPERATOR (NON -CONSTRUCTION) MECH. SWEEPER OPERATOR (ON CONST. SITES) MECHANICS MAINTENANCE MILLWRIGHT (Zone 2) MORTAR MIXER 5 90.00 Steps are 800 bra. 08/01/2009 $67.160 02/01/2010 $68.050 08/01/2010 $69.950 02/01/2011 $70.940 08/01/2011 $73.040 02/01/2012 $74.030 5 90.00 07/01/2009 $28.300 07/01/2010 $29.000 07/01/2011 $29.700 06/01/2009 $57.090 12/01/2009 $58.190 06/01/2010 $59.430 12/01/2010 $60.680 06/01/2009 $57.090 12/01/2009 $58.190 06/01/2010 $59.430 12/01/2010 $60.680 03/01/2009 $52.540 06/01/2009 $43.000 12/01/2009 $44.000 06/01/2010 $45.000 12/01/2010 $46.250 06/01/2011 $47.250 12/01/2011 $48.500 This wage schedule must be posted at the work site in accordance with M.G.L. ch. 149, sec. 27 Failure of the employer to pay "prevailing wage rates," which are the minimum wage rates listed above, on public works projects is a violation of M.G.L. ch. 149, sec. 27. Employees not receiving such rates should report the violation to the Office of Fair Labor and Business Practices, 100 Cambridge Street, Boston, MA 02108; Tel: 617-727-3465. Issue Date: 10/15/2009 Wage Request Number: 20091015-011 Page 5 of 10 THE COMMONWEALTH OF MASSACHUSETTS t EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT till. IM - DIVISION OF OCCUPATIONAL SAFETY I Prevailing Wage Rates DEVAL L. PATRICK As determined b the Commissioner under the provisions of the SUZANNE M. BUMP Govemor Y P Secretary• of labor and Workforce Development TIMOTHY P. MURRAY Massachusetts General Laws, Chapter 149, Sections 26 to 27H GEORGENOEL Lieutenam Governor Director of Labor LAURA M. MARLIN Commissioner of Division of occupational Safety Awarding Authority: Town of North Andover Contract Number: City/Town: NORTH ANDOVER Description of Work: Install a 2kw photo voltaic array (solar panels)on the North Andover High School. Job Location: 430 Osgood St, North Andover, MA Classification Effective Dates and Total Rates OILER (OTHER THAN TRUCK CRANES,GRADALLS) 06/01/2009 $41.090 12/01/2009 $41.750 06/01/2010 $42.480 12/01/2010 $43.220 OILER (TRUCK CRANES, GRADALLS) 06/01/2009 $43.990 12/01/2009 $44.720 06/01/2010 $45.550 12/01/2010 $46.380 OTHER POWER DRIVEN EQUIPMENT -CLASS II 06/01/2009 $57.090 12/01/2009 $58.190 06/01/2010 $59.430 12/01/2010 $60.680 PAINTER (BRIDGES/TANKS) 07/01/2009 $62260 01/01/2010 $63.410 APPRENTICE: PAINTER -Local 35Zone 2 Ratio Step 1 2 3 4 5 6 7 8 1:1 % 50.00 55.00 60.00 65.00 70.00 75.00 80.00 90.00 Steps are 750 hrs. PAINTER (SPRAY OR SANDBLAST, NEW) • If 3O% or more of surfaces to be painted are new construction, NEW paint rate shall be used. APPRENTICE: PAINTER - Local 35 Zone 2 Ratio Step l 2 3 4 1:1 % 50.00 55.00 60.00 65.00 PAINTER (SPRAY OR SANDBLAST, REPAINT) APPRENTICE: PAINTER - Local 35 Zone 2 Ratio Step 1 2 3 4 1:1 % 50.00 55.00 60.00 65.00 PAINTER (TRAFFIC MARKINGS) PAINTER / TAPER (BRUSH, NEW) • If 30% or more of surfaces to be painted are new construction, NEW paint rate shall be used. APPRENTICE: PAINTER - Local 35 Zone 2 Ratio Step 1 2 3 4 1:1 % 50.00 55.10 60.00 65.00 PAINTER / TAPER (BRUSH, REPAINT) 07/01/2009 $53.160 01/01/2010 $54.310 5 6 7 8 70.00 75.00 80.00 90.00 Steps are 750 hrs. 07/01/2009 $51.220 01/01/2010 $52.370 5 6 70.00 75.00 Steps are 750 hrs. 06/01/2009 $42.750 12/01/2010 $46.000 07/01/2009 $51.760 5 6 70.00 75.00 Steps are 750 hrs. 7 8 80.00 90.00 12/01/2009 $43.750 06/01/2011 $47.000 01/01/2010 $52.910 7 8 80.00 90.00 07/01/2009 $49.820 01/01/2010 $50.970 06/01/2010 $44.750 12/01/2011 $48.250 This wage schedule must be posted at the work site in accordance with M.G.L. ch. 149, sec. 27 Failure of the employer to pay "prevailing wage rates," which are the minimum wage rates listed above, on public works projects is a violation of M.G.L. ch. 149, sec. 27. Employees not receiving such rates should report the violation to the Office of Fair Labor and Business Practices, 100 Cambridge Street, Boston, MA 02108; Tel: 617-727-3465. Issue Date: 10/15/2009 Wage Request Number: 20091015-011 Page 6 of 10 THE COMMONWEALTH OF MASSACHUSETTS N EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT DIVISION OF OCCUPATIONAL SAFETY 1 Prevailing Wage Rates DEVAL L. PATRICK As determined b the Commissioner under the provisions of the SUZANNE M. BUMP Govemor Y P Secretary of Labor and Woddbrce Development TIMOTHYP MURRAY Massachusetts General Laws, Chapter 149, Sections 26 to 27H GEORGENOEL Lieutenant Governor Director of Labor LAURA M. MARLIN CommissionerofDmisionofOccupational Safety Awarding Authority: Town of North Andover Contract Number: City/Town: NORTH ANDOVER Description of Work: Install a 2kw photo voltaic array (solar panels)on the North Andover High School. Job Location: 430 Osgood St, North Andover, MA Classification Effective Dates and Total Rates APPRENTICE: PAINTER -Local 35 Zone 2 Ratio Step 1 2 3 4 5 6 7 8 1:1 % 50.00 55.00 60.00 65.00 70.00 75.00 80.00 90.00 Steps are 750 hrs. PANEL & PICKUP TRUCKS DRIVER PIER AND DOCK CONSTRUCTOR (UNDERPINNING AND DECK) PILE DRIVER APPRENTICE: PILEDRIVER -Local 56 Zone 1 Ratio Step 1 2 3 13 % 60.00 65.00 70.00 PIPEFITTER & STEAMFITTER APPRENTICE: PIPEFTITER- Local 537 Ratio Step 1 2 3 '• % 40.00 45.00 60.00 RR 1:3; 3:15; 1:10 thereafter Refrig/ACMechanic "'1:1;1:2;2:4;3:6;4:8;5:10;6:12;7:14;8:17;9:20,10:23(Max) PIPELAYER PLUMBER APPRENTICE: PLUMBER/PIPEFITTER -Local 12 (Local 138) 06/01/2009 $42.510 12/01/2009 $43.060 06/01/2010 $43.660 12/01/2010 $44.260 06/01/2011 $45.010 12/01/2011 $45.670 06/01/2012 $46.320 12/01/2012 $47.350 12/01/2010 $61.030 08/01/2009 $60.240 08/01/2010 $62.590 08/01/2011 $65.340 08/01/2009 $60.240 08/01/1010 $62.590 08/01/2011 $65.340 4 5 6 7 8 Failure of the employer to pay "prevailing wage rates," which are the minimum wage rates listed above, on public works projects is a violation of M.G.L. ch. 149, sec. 27. Employees not receiving such rates should report the violation to the 75.00 80.00 85.00 90.00 95.00 Page 7 of 10 09/01/2009 $62.400 03/01/2010 $64.400 4 5 70.00 80.00 Steps are 1 yr, Refrig/AC Mechanic Steps & Hrs Same as above 06/01/2009 $43.000 12/01/2009 $44.000 06/01/2010 $45.000 12/01/2010 $46.250 06/01/2011 $47.250 12/01/2011 $48.500 09/01/2009 $61.420 03/01/2010 $63.420 Ratio Step 1 2 3 4 5 6 7 8 9 10 1:5 % 37.50 40.00 45.00 50.00 55.00 60.00 65.00 70.00 75.00 80.00 PNEUMATIC CONTROLS (TEMP.) 09/01/2009 $62.400 03/01/2010 $64.400 PNEUMATIC DRILL/TOOL OPERATOR 06/01/2009 $43.000 12/01/2009 $44.000 06/01/2010 $45.000 12/01/2010 $46.250 06/01/2011 $47.250 12/01/2011 $48.500 POWDERMAN & BLASTER 06/01/2009 $43.750 12/01/2009 $44.750 06/01/2010 $45.750 12/01/2010 $47.000 06/01/2011 $48.000 12/01/2011 $49.250 POWER SHOVEL/DERRICKIIRENCHING MACHINE 06/01/1009 $57.410 12/01/2009 $58.530 06/01/2010 $59.780 12/01/2010 $61.030 PUMP OPERATOR (CONCRETE) 06/01/2009 $57.410 12/01/2009 $58.530 06/01/2010 $59.780 12/01/2010 $61.030 PUMP OPERATOR (DEWATERING, OTHER) 06/01/2009 $47.070 12/01/2009 $47.890 06/01/2010 $48.810 12/01/2010 $49.740 READY -MIX CONCRETE DRIVER 04/30/2009 $37.100 RECLAIMERS 06/01/2009 $57.090 12/01/2009 $58.190 06/01/2010 $59.430 12/01/2010 $60.680 This wage schedule must be posted at the work site in accordance with M.G.L. ch. 149, sec. 27 Failure of the employer to pay "prevailing wage rates," which are the minimum wage rates listed above, on public works projects is a violation of M.G.L. ch. 149, sec. 27. Employees not receiving such rates should report the violation to the Office of Fair Labor and Business Practices, 100 Cambridge Street, Boston, MA 02108; Tel: 617-727-3465. Issue Date: 10/15/2009 Wage Request Number: 20091015-011 Page 7 of 10 THE COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT * i DIVISION OF OCCUPATIONAL SAFETY Prevailing Wage Rates DEVAL L. PATRICK As determined b the Commissioner under the provisions of the SUZANNE M. BUMP Governor y P secretary of Labor aW Workforce Development TIMOTHY P. MURRAY Massachusetts General Laws, Chapter 149, Sections 26 to 27H GEORGE NOEL Licuumant Govemor Diroaor of Labor LAURA M'MARLIN Commissioner of Division of Occupational Safety Awarding Authority: Town of North Andover Contract Number: City/ own: NORTH ANDOVER Description of Work: Install a 2kw photo voltaic array (solar panels)on the North Andover High School. Job Location: 430 Osgood St, North Andover, MA Classification Effective Dates and Total Rates RESIDENTIAL WOOD FRAME CARPENTER ** 04/01/2009 $35.620 ** The Residential Wood Frame Carpenter classification applies only 9 to the construction of new, wood frame residences that do not exceed 75.00 80.00 four stories including the basement. 90.00 As of 9/1/09 Carpentry work on wood -frame residential WEATHERIZATION projects shall be paid the RESIDENTIAL WOOD FRAME CARPENTER rate. RIDE -ON MOTORIZED BUGGY OPERATOR 06/01/2009 $43.000 12/01/2009 $44.000 06/01/2010 $45.000 12/01/2010 $46.250 06/01/2011 $47.250 12/01/2011 $48.500 ROLLER/SPREADER/MULCHING MACHINE 06/01/2009 $57.090 12/01/2009 $58.190 06/01/2010 $59.430 12/01/2010 $60.680 ROOFER (Inc.Roofer Waterproofrg &Roofer Damproofg) 02/01/2009 $53.860 APPRENTICE: ROOFER - Local 33 Ratio Step 1 2 3 ** % 50.00 60.00 65.00 ** 1:5, 2:6 -10 thereafter 1:10 (or portion thereof) Roofer (Reroofing): Same Steps and Hours as Above ** 1:4; Thereafter 1:I SHEETMETAL WORKER APPRENTICE: SHEET METAL WORKER - Local 17-A Ratio Step 1 2 3 IA % 40.00 45.00 50.00 SIGN ERECTOR APPRENTICE: SIGN ERECTOR - Local 35 Zone 2 Ratio Step 1 2 3 1:1 % 50.00 55.00 60.00 SLATE / TILE / PRECAST CONCRETE ROOFER SPECIALIZED EARTH MOVING EQUIP < 35 TONS SPECIALIZED EARTH MOVING EQUIP> 35 TONS SPRINKLER FITTER APPRENTICE: SPRINKLER FITTER -Local 550 Ratio Step 1 2 3 11 % 40.00 45.00 50.00 4 5 75.00 85.00 Step 1 is 2000 hrs.; Steps 2-5 are 1000 hrs. 08/01/2009 $62.260 02/01/2010 $63.510 08/01/2010 $64.760 02/01/2011 $66.010 08/01/2011 $67.260 02/01/2012 $68.510 08/01/2012 $69.760 02/01/2013 $71.010 4 5 6 7 60.00 65.00 75.00 85.00 Steps 1-3 are I year; Steps 4-7 are 6 mos. 06/01/2009 $37.780 4 5 6 7 8 9 65.00 70.00 75.00 80.00 85.00 90.00 Steps are 4 mos. 02/01/2009 $54.110 06/01/2009 $42.970 12/01/2009 $43.520 06/01/2010 $44.120 12/01/2010 $44.720 06/01/2011 $45.470 12/01/2011 $46.130 06/01/2012 $46.780 12/01/2012 $47.810 06/01/2009 $43.260 12/01/2009 $43.810 06/01/2010 $44.410 12/01/2010 $45.010 06/01/2011 $45.760 12/01/2011 $46.420 06/01/2012 $47.070 12/01/2012 $48.100 09/16/2009 $68.450 03/16/2010 $69.700 4 5 6 7 8 9 10 55.00 60.00 65.00 70.00 75.00 80.00 85.00 This wage schedule must be posted at the work site in accordance with M.G.L. ch. 149, sec. 27 Failure of the employer to pay "prevailing wage rates," which are the minimum wage rates listed above, on public works projects is a violation of M.G.L. ch. 149, sec. 27. Employees not receiving such rates should report the violation to the Office of Fair Labor and Business Practices, 100 Cambridge Street, Boston, MA 02108; Tel: 617-727-3465. Issue Date: 10/15/2009 Wage Request Number: 20091015-01.1 Page 8 of 10 THE COMMONWEALTH OF MASSACHUSETTS >} j EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT s� i DIVISION OF OCCUPATIONAL SAFETY 1 i Prevailing Wage Rates DEVAL L. PATRICK As determined by the Commissioner under the provisions of the SUZANNE M. BUMP Governor Secretary of Labor and Workforce Development TIMOTHY P. MURRAY Massachusetts General Laws, Chapter 149, Sections 26 to 27H GEORGENOEL Lieutenant Governor Director of Labor LAURA M. MARLIN Commissionerof Division of Occupational Safety Awarding Authority: Town of North Andover Contract Number: City/Town: NORTH ANDOVER Description of Work: Install a 2kw photo voltaic array (solar panels)on the North Andover High School. Job Location: 430 Osgood St, North Andover, MA Classification Effective Dates and Total Rates STEAM BOILER OPERATOR 06/01/2009 $57.090 12/01/2009 $58.190 06/01/2010 $59.430 12/01/2010 $60.680 TAMPERS, SELF-PROPELLED OR TRACTOR DRAWN 06/01/2009 $57.090 12/01/2009 $58.190 06/01/2010 $59.430 12/01/2010 $60.680 TELECOMMUNICATION TECHNICIAN 09/01/2009 $52.870 03/01/2010 $53.790 09/01/2010 $54.720 03/01/2011 $55.660 APPRENTICE: TELECOMMUNICATION TECHNICIAN - Local 103 Ratio Step 1 2 3 4 5 6 7 8 1:1 % 40.00 45.00 50.00 55.00 60.00 65.00 75.00 80.00 TERRAZZO FINISHERS 08/01/2009 $66.060 02/01/2010 $66.950 08/01/2010 $68.850 02/01/2011 $69.840 08/01/2011 $71.940 02/01/2012 $72.930 APPRENTICE: MARBLE -TILE -TERRAZZO FINISHER -Local 3 Marble& Tile Ratio Step 1 2 3 4 5 1:3 % 50.00 60.00 70.00 80.00 90.00 Steps are 800 hrs. TEST BORING DRILLER 06/01/2009 $47.500 12/01/2009 $48.500 06/01/2010 $49.500 12/01/2010 $50.750 06/01/2011 $51.750 12/01/2011 $53.000 TEST BORING DRILLER HELPER 06/01/2009 $46.220 12/01/2009 $47.220 06/01/2010 $48.220 12/01/2010 $49.470 06/01/2011 $50.470 12/01/2011 $51.720 TEST BORING LABORER 06/012009 $46.100 12/01/2009 $47.100 06/01/2010 $48.100 12/01/2010 $49.350 06/012011 $50.350 12/01/2011 $51.600 TRACTORS/PORTABLE STEAM GENERATORS 06/01/2009 $57.090 12/01/2009 $58.190 06/01/2010 $59.430 12/01/2010 $60.680 TRAILERS FOR EARTH MOVING EQUIPMENT 06/01/2009 $43.550 12/01/2009 $44.100 06/01/2010 $44.700 12/01/2010 $45.300 06/01/2011 $46.050 12/01/2011 $46.710 06/01/2012 $47.360 12/01/2012 $48.390 TUNNEL WORK - COMPRESSED AIR 06/01/2009 $58.430 12/01/2009 $59.680 06/01/2010 $60.930 12/01/2010 $62.180 06/01/2011 $63.430 12/012011 $64.680 TUNNEL WORK - COMPRESSED AIR (HAZ. WASTE) 06/012009 $60.430 12/01/2009 $61.680 06/01/2010 $62.930 12/01/2010 $64.180 06/01/2011 $65.430 12/01/2011 $66.680 TUNNEL WORK - FREE AIR 06/01/2009 $50.500 12/01/2009 $51.750 06/01/2010 $53.000 12/01/2010 $54.250 06/012011 $55.500 12/01/2011 $56.750 TUNNEL WORK - FREE AIR (HAZ. WASTE) 06/01/2009 $52.500 12/012009 $53.750 06/01/2010 $55.000 12/012010 $56.250 06/012011 $57.500 12/01/2011 $58.750 VAC -HAUL 06/01/2009 $42.970 12/01/2009 $43.520 06/01/2010 $44.120 12/01/2010 $44.720 06/01/2011 $45.470 12/012011 $46.130 06/01/2012 $46.780 12/01/2012 $47.810 WAGON DRILL OPERATOR 06/01/2009 $43.000 12/012009 $44.000 06/01/2010 $45.000 12/01/2010 $46.250 06/01/2011 $47.250 12/012011 $48.500 This wage schedule must be posted at the work site in accordance with M.G.L. ch. 149, sec. 27 Failure of the employer to pay "prevailing wage rates," which are the minimum wage rates listed above, on public works projects is a violation of M.G.L. ch. 149, sec. 27. Employees not receiving such rates should report the violation to the Office of Fair Labor and Business Practices, 100 Cambridge Street, Boston, MA 02108; Tel: 617-727-3465. Issue Date: 10/15/2009 Wage Request Number: 20091015-011 Page 9 of 10 THE COMMONWEALTH OF MASSACHUSETTS �t EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT *i I DIVISION OF OCCUPATIONAL SAFETY Prevailing Wage Rates DEVAL L. PATRICK As determined by the Commissioner under the of the SUZANNE M. BUMP provisions Gove—t Secretary of labor and Woddoree Development Massachusetts General Laws, Chapter 149, Sections 26 to 2711 TTMOTHYP MURRAY GEORGE NOEL Lieutenant 6;;cmor Director of Labor LAURA M'MARLIN Commissioner of Division of Occupational Safety Awarding Authority: Town of North Andover Contract Number: City/Town: NORTH ANDOVER Description of Work: Install a 2kw photo voltaic array (solar panels)on the North Andover High School. Job Location: 430 Osgood St, North Andover, MA Classification Effective Dates and Total Rates WASTE WATER PUMP OPERATOR 06/01/2009 $57.410 12/01/2009 $58.530 06/01/2010 $59.780 WATER METER INSTALLER 12/01/2010 $61.030 09/01/2009 $61.420 03/01/2010 $63.420 Additional Apprentice Information: Minimum wage rates for apprentices employed on public works projects are listed above as a percentage of the pre -determined hourly wage rate established by the Commissioner under the provisions of the M.G.L. c. 149, ss. 26-27D. Apprentice ratios are established by the Division of Apprenticeship Training pursuant to M.G.L. c. 23, ss. IIE-1IL. All apprentices must be registered with the Division of Apprenticeship Training in accordance with M.G.L. c. 23, ss. 11 E-1 IL. All steps are six months (1000 hours) unless otherwise specified. * Ratios are expressed in allowable number of apprentices to journeymen or fraction thereof. ** Multiple ratios are listed in the comment field. * ** The job site ratio of 2 apprentices (APP) for every 3 journeymen (JM) is allowed as follows: I JM: 1 APP; 2-3 JM: 2 APP; 4-6 JM: 4 APP; 7-9 JM: 6 APP; 10-12 JM: 8 APP; 13-15 JM: 10 APP; etc. **** The job site ratio of 2 apprentices (APP) for every 3 journeymen (JM) is allowed as follows: This wage schedule must be posted at the work site in accordance with M.G.L. ch. 149, sec. 27 Failure of the employer to pay "prevailing wage rates," which are the minimum wage rates listed above, on public works projects is a violation of M.G.L. ch. 149, sec. 27. Employees not receiving such rates should report the violation to the Office of Fair Labor and Business Practices, 100 Cambridge Street, Boston, MA 02108; Tel: 617-727-3465. Issue Date: 10/15/2009 Wage Request Number: 20091015-01.1 Page 10 of 10 TOWN OF NORTH ANDOVER PURCHASING Addendum No. I to: INVITATION FOR BIDS (IFB) PURCHASE AND INSTALLATION OF A 2KW PHOTOVOLTAIC ARRAY AT THE NORTH ANDOVER HIGH SCHOOL FOR DEPARTMENT OF PUBLIC WORKS October 20, 2009 Contact Joseph Lydick Address 120 Main Street North Andover, MA 01845 Attn: Director of Purchasing Telephone Number: 978-688-9526 Fax Number: 978-688-9556 Email jlydick@townofnorthandover.com 1 A. General Description The Town of North Andover is seeking qualified contractors to provide bids for the turnkey procurement and installation of an approximately 2 kW to 3 kW (DC) solar photovoltaic system. This system will be installed at the North Andover High School, located at 430 Osgood Street and, if funds are available, it will include a Data Acquisition System to monitor system performance and provide monthly reports to the Massachusetts Technology Collaborative (MTC)'s Production Tracking System (PTS). The cost ceiling for this project is $25,000 and responses proposing systems larger than 2 kW are encouraged. In addition, the Town is requesting an alternate price to expand the system to a 20 kw system located on the same roof as the smaller system. The expanded system is dependent on grants from the Energy Efficiency and Conservation Block Grant (EECBG) and will not be awarded unless the Town receives the grant funding. All bids must be on the attached revised Bid Form. All other requirements and provisions of the IFB remain in effect. 2 BID FORM Revised October 20, 2009 Town of North Andover Solar Photovoltaic System The undersign proposes to provide the work described in the Bid Documents relating to the turnkey installation of a solar photovoltaic system at the North Andover High School for the total delivered price of- BASE fBASE BID PRICE 2 TO 3 kW SYSTEM: Please answer the following question. Is this bid based on supplying photovoltaic panels manufactured in the Commonwealth of Massachusetts? Yes, our bid is based on panels manufactured in MA. We understand that if the panels we provide are not manufactured in MA that $0.25 per watt or $500 will be deducted from the final contract price. No, our bid is not based on supplying photovoltaic panels manufactured in MA. We understand the project will not be eligible for up to $500 in additional incentives from the MTC. We understand that $500 will be added to our base price for purposes of determining the lowest bidder. 3 Base Bid Price in words Base Bid in numbers ADD ALTERNATE 1: DATA ACQUISITION SYSTEM: Alternate 1 Price in words Alternate 1 in numbers ADD ALTERNATE 2: 20Kw SYSTEM: Alternate 2 Price in words Alternate 2 in numbers BY: Signature Date Type or Print Name Title Business Name Business Address City St. Zip Business Phone Business Email Please answer the following question. Is this bid based on supplying photovoltaic panels manufactured in the Commonwealth of Massachusetts? Yes, our bid is based on panels manufactured in MA. We understand that if the panels we provide are not manufactured in MA that $0.25 per watt or $500 will be deducted from the final contract price. No, our bid is not based on supplying photovoltaic panels manufactured in MA. We understand the project will not be eligible for up to $500 in additional incentives from the MTC. We understand that $500 will be added to our base price for purposes of determining the lowest bidder. 3 I.10 TOWN OF NORTH ANDOVER DIVISION OF PUBLIC WORKS 384 OSGOOD STREET NORTH ANDOVER, MASSACHUSETTS 01845-2909 BRUCE D. THIBODEAU, P.E. DIRECTOR November 17, 2009 Daniel P. Leary President and COO Nexamp, Inc. 21 High Street, Suite 209 North Andover, Massachusetts 01845 RE: Solar Photovoltaic System — North Andover High School — Letter of Intent Dear Mr. Leary: Telephone (978) 685-0950 Fax (978) 688-9573 The Town of North Andover is pleased to inform you that your company is the successful firm for the above referenced services based on your submittal dated November 10, 2009, attached. The Town intends to award this contract subject to receiving grants to fund the project. In order to move forward with the grant process and to continue as the Town's preferred vendor you will need to execute this Letter of Intent. This Letter of Intent is the Town's authorization for Nexamp, Inc. to secure financing and incentives with the intention of executing a contract for the construction of a solar PV array from 2 kW to 19 kW (depending on grant awards) at the North Andover High School. Nexamp has agreed to provide assistance in preparing the grant submittals to both the Massachusetts Technology Collaborative (MTC) to secure Clean Energy Choice (CEC) funds and the Massachusetts Department of Energy Resources (DOER) for the Energy Efficiency and Conservation Block Grant (EECBG) Program. Nexamp agrees to hold to all terms of its submittal mentioned above through execution of a contract, which will depend on successful grant awards. It is anticipated that this will be no longer than six (6) months. The Town may elect to terminate this Letter of Intent at any time upon written notice to Nexamp. Letter of Intent —Polar PV NA High School November 17, 2009 Page 2 of 2 If you agree with the foregoing please sign two copies of this Letter of Intent and return both to my attention. One executed copy will be returned to you. Should you have any questions, please do not hesitate to contact me. Very truly urs, a Zrl/' Bruce D. Thibodeau, P.E. Director Attachments By: Town of North Andover, N Signature: Printed Name: Mark Rees Title: JTown Mana er By: Nexamp, Inc. Signature: -, Printed Name: Daniel P. Learn Title: President & COO Date: Date: '14V I't Z4 Ii nexAmp November 10, 2009 Division of Public Works 384 Osgood Street North Andover, MA 01845 Attn: Joseph Lydick Dear Mr. Lydick: Thank you for providing Nexamp the opportunity to bid on the installation of a solar PV array at the North Andover High School. The attached bid form indicates our base bid price for a 2.94kW system and an add alternate for a Data Acquisition System (DAS) in full compliance with the specifications outlined in the RFP. We have also included pricing, as requested in add alternate 2, for an approximately 20kW system. For add alternate 2, Nexamp has proposed pricing for a 19kW solar PV system. It should be noted that this system is only slightly smaller than the requested 20kW because adding an additional 1 kW to the system will require the installation of an additional inverter unit, increasing the cost unnecessarily. As such, Nexamp believes a 19kW system to be the most cost effective solution available for a system of this size and specification. It should also be noted that the bid form utilized in this RFP is outdated and makes reference to incentives for MA manufactured components from the Massachusetts Technology Collaborative. The Commonwealth Solar Program administered by the Massachusetts Technology Collaborative is not currently accepting applications and has indicated that in future rebate and incentive programs there will not be a MA manufactured component adder. As such, Nexamp has specified the use of Kyocera solar modules that offer a higher power output than their Massachusetts manufactured equivalent. If, however, the Department of Public works would like to utilize Evergreen Solar modules, Nexamp can supply those modules for the project. As the following pages outline, Nexamp has installed over 3,000kW of solar PV systems since 2006 and is experienced at installing systems from 2kW to 200kW in size. As a turnkey service provider, Nexamp will handle all aspects of the installation on behalf of the Department of Public Works. If selected as the winning bidder, Nexamp would like to offer any Town of North Andover resident that purchases a solar PV system with Nexamp in 2010 a $500 discount. Finally, I am authorized to contractually bind Nexamp. Please feel free to call me directly with any questions or concerns. We thank you for your consideration and look forward to hearing from you. Regards Danie a President and C07;� Nexamp, Inc. 978-688-2700 x. 706 dleary(cD-nexamp.com 21 High Street, Suite 209 North Andover, MA 01845 phone: (978.688.2700 fax: 978.416.2525 web: nexamp.com BID FORM Revised October 20, 2009 Town of North>Andover Solar Photovoltaic System The undersign proposes to provide the work described in the Bid Documents relating to the turnkey installation of a solar photovoltaic system at the North Andover High School for the total delivered price of. BASE BID PRICE 2 TO 3 kW SYSTEM: ttW�EN�'f q Mr, I Base Bid( Price in words 51( l- $ D -1i 566 Base Bid in numbers ADD ALTERNATE 1: DATA ACQUISITION SYSTEM: t-008-TftS 10n!ter I UtJo<41) tj(Kn4 tl(J $ � �qS Alternate 1 Price in words Alternate 1 in numbers ADD ALTERNATE 2:20 kW SYSTEM: $t�V S�II✓,.l quMpt.eo o bw( FNE $ r17, 1,B S Alternate'2Price ' words Alternate 2 in numbers BY: 4� Signature Date DAtyia, P. QEflP�j ;l&—c-1ce,.r 4 coo Type or Print Name Title Business N ma e ,Z ( 416Y '12eE T Nd,c-(4 144PQ,16�, 441- Or Y15 Business Address City St. Zip q-76 -- (9$8- 270 o p Ix` @ riEV4.MA, to 41 Business Phone Business Email C1e�1C-t Please answer the following question. Is this bid based on supplying photovoltaic panels manufactured in the Commonwealth of Massachusetts? N ,A -yes, our bid is based on panels manufactured in MA. We understand that if the panels we provide are not manufactured in MA that $0.25 per watt or $500 will be deducted from the final contract price. No, our bid is not based on supplying photovoltaic panels manufactured in MA. We understand the project will not be eligible for up to $500 in additional incentives from the MTC. We understand that $500 will be added to our base price for purposes of determining the lowest bidder. SEE �-Qc..q lA,,nonl !nt C oytYL lx SEK 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 �, i l� 07 VAN(i`L V - LL�•-w�ty Etaiwvt 4 Cop Print Name & Title Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I DAM 1 P . L CLAA4 , authorized signatory for NC)~., tyc . 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. it it 0109 Date �/�� Q Form • r -d Request for Taxpayer Completed form should be given to the requesting Identification Number and Certification department or the department (Massachusetts Substitute W-9 Form) Rev. April 2009 you are currently doing business with. Name ( List legal name, if joint names, list first & circle the name of the person whose TIN you enter in Part I-See Specific Instruction on page 2) Business name, if different from above. (See Specific Instruction on page 2) Check the appropriate box: ❑ individual/Sole proprietor Corporation ❑ Partnership ❑ Other ►-------- ---- -- - -- - -__ Legal Address: number, street, and apt. or suite no. Remittance Address: if different from legal address number, street, and apt, or Remittance Z ( i-y 1 �'� SlyQPt Sv 1 � Z-.0: suite no. City, state d ZIP code City, state and ZIP code 0✓+h At' d(f�iPl' H P1 G %L4 S Phone # (-1- V (o'%g - 2-71 U (,i X , aJ3 Fax # (q-IW LA \(0 - JC-LS Email address: RF Mit Taxpayer Identification Number (TIN) Enter your TIN In the appropriate box. For individuals, this is your social Social security number security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part 1 instruction on 000-00-0000 page 2. For other entities, it is your employer identification number (EIN). If OR you do not have a number, see How to get a TIN on page 2. Note: lithe account is in more than one name, see the chart on page 2 for Employer identification number guidelines on whose number to enter. M-1091 tt� U§ Lei DUNS Vendors: Dunn and Bradstreet Universal Numbering System (DUNS) [25®A®®®aa Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am wailing for a number to be issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Services (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am an U.S. person (including an U.S. resident alien). % 4. 1 am currently a Commonwealth of Massachusetts's state employee: (check one): No_ Yes V If yes, in compliance with the State Ethics Commission requirements. Certification instructions: You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on vour tax return. For real estate transactions, item 2 does not apply. Here I Authorized Signature ► Purpose of Form A person who is required to file an information return with the IRS must get your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or debt, or contributions you made to an IRA. Use Form W-9 only if you are a U.S. person (including a resident alien), to give your correct TIN to the person requesting it (the requester) and , when applicable, to: 1. Certify the TIN you are giving is correct (or you are waiting for a number to be issued). 2. Certify you are not subject to backup withholding If you are a foreign person, use the appropriate Form W-8. See Pub 515. Withholding of Tax on Nonresident Aliens and Foreign Corporations. conditions. conditions. This is calletf"balk with olding." Payments that may be subject to ba up withholding include interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. If you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return, payments you receive will not be subject to backup withholding. Payments you receive will be subject to backup withholding If., 1. You do not furnish your TIN to the requester, or 2. You do not certify your TIN when required (see the Part 11 instructions on page 2 for details), or 3. The IRS tells the requester that you furnished an incorrect TIN, or What is backup withholding? Persons making 4. The IRS tells you that you are subject to certain payments to you must withhold a backup withholding because you did not designated percentage currently 28% and pay to report all your interest and dividends only), or Date lo - S. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt from backup withholding. Seethe Part II instructions on page 2. Penalties Failure to furnish TIN. 11 you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to Wilful neglect. Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty. Criminal penalty for falsifying information, Wilfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment. Misuse of TIWs. If the requester discloses or uses the IRS of such payments under certain T1Ns in violation of Federal law, the requester may be subject to civil and criminal penalties. Form MA- W-9 (Rev. April 2009) Ne amp References Below is a listing of references for public and private installations Nexamp has performed in the last several years. This list is not all-inclusive and additional references can be provided upon request. ■ Ron Silvia Oyster Harbor Marines (508) 420-0226 x. 106 rsilvia(cDsilviaandsilvia.com Note: Installed 58 kW at Osterville marina building ■ Jeff Goldstein, VP Ozzy Properties, North Andover, MA (978)681-5004 (gold stein(cDozzyproperties.com Note: Installed 170 kW at Osgood Landing and 67 kW at Heritage Place ■ Linda Charpentier Boston Sand and Gravel (617) 227-9000 Icharpentier(cD-bostonsand.com Note: Installed 109 kW at Charlestown garage ■ Gary Spence Arlington Garage and Service Center (781)641-6537 gsp7172(cD_yahoo.com Note: Installed 105 kW at Arlington Center Garage ■ David Steinbergh RCG LLC (617) 625-7248 DSteinbergh(a)_RCG-LLC.com Note: Installed 67 kW at East Mill ■ Tim Collins, President EBSCO Publishing, Ipswich, MA (978) 356-6500 TCol I i ns(c�ebscohost.com Note: Installed 73 kW at EBSCO ■ David Gelineau, Purchasing Agent City of Beverly, Dept of Procurement & Contract Administration (978) 921-6000 dgelineau(a-)-beverlyma.gov Note: Repair, re -commissioning, and maintenance of 100 kW solar project Additional references are available upon request. Pro�ec Po o io Nexamp has significant experience completing small and large solar PV installations within compressed timeframes in Massachusetts. Brief case studies of public and private installations completed by Nexamp in 2008 and 2009 are provided below. Please note, this list is not all inclusive and additional project details can be provided as needed: ■ Osgood Landing — North Andover, MA - System Size: 170 kW DC - Annual Production: 186 MWh - Installation Date: May 2008 ■ Milton Public Schools — Milton, MA - System Size: 1.9 kW DC - Annual Production: 2 MWh - Installation Date: April 2008 f i ■ Somerville High School — Somerville, MA - System Size: 10 kW DC - Annual Production: 12 MWh - Installation Date: April 2008 ■ Duxbury Public School District — Duxbury, MA - System Size: 2.2 kW DC - Annual Production: 3 MWh - Installation Date: August 2009 Please note, this list is not all inclusive and additional project details can be provided as needed. a J X o_ N Y J U U W 0 z Y N d ui (.9 W W } H 2 z J J F- 0 0 D N�N LJ. 0 U w J J Q w Q J w p Q z O Q J J Z X z 0i w 0 z w x O x z O w z J_ Q f- LLI 0 O 2 F- CDWo } 0�� U) wo> U >000 Q �U)Z O O> =M� O ~�O O 0 z z z a L LL 0 W ce o W W W d y WpoQ� z N W Q co z t0 00 =DODLL O N z g:Z C)m E (1) 0 (E 6 yJ U O JZ d- Q U V o -v � � g ay m 0 cw. W J O M p LO O CL In Q T" LL O W z O J o In O 00 0)... M CO ti z 0 z Q N_ z p N w c J U _ w w w p W W Q Z O Q z Q 0i w 0 z w x O x z O w z J_ Q f- LLI 0 O 2 F- CDWo } 0�� U) wo> U >000 Q �U)Z O O> =M� O ~�O O 0 z z z a L LL 0 W ce o W W W d y WpoQ� z N W Q co z t0 00 =DODLL O N z g:Z C)m E (1) 0 (E 6 yJ U O JZ d- Q U V o -v � � g ay m 0 cw. Y d J C7 Z O_ 0 N Z O � 0 Q�Q O 0 w Y N Z W J Q O Q } J J F- 0 0 ::) 66 w 0 z w 0 x z 0 w z li J_ Q F- 0 O O � ~ UF -V" U)Fw0 } =WQ C� F- cn Ce Q W0 U X00 O Q oU)Z 0 =M F- O F- 0 O F- W O O Z 2 Z a � a 0 w 0 w W w a w0oo� EnQC6zw CD =wao N z SZ a a Y) C- (n o Z C a) W c o W J O O D M O I a LL F- O W J Z 0O � o 0) ° LO Q 0 a N_ n F- U) U) Z F- 0 Q W W W F a } D W W a O a Z z Q 66 w 0 z w 0 x z 0 w z li J_ Q F- 0 O O � ~ UF -V" U)Fw0 } =WQ C� F- cn Ce Q W0 U X00 O Q oU)Z 0 =M F- O F- 0 O F- W O O Z 2 Z a � a 0 w 0 w W w a w0oo� EnQC6zw CD =wao N z SZ a a Y) C- (n o Z C a) W c o SUPPLEMENT "C" [] CONSTRUCTION SUPPLEMENT "C" - Applicable to Contracts for the construction of: (1) Public Buildings and Public Works (governed by the provisions of General Laws Chapter 30B); (2) Public Buildings (governed by the provisions of General Laws Chapter 149,§ 44A, et seq.); and (3) Public Works (governed by the provisions of General Laws Chapter 30, §39M, et seq) This form supplements the Town of North Andover "Contract and General Conditions" and applies only to contracts for the construction, reconstruction, alteration, remodeling or repair of public works or public buildings. 2. Wherever the law requires one contracting with a city or town to be bonded, such obligation shall be understood to be a term and condition of this Contract. The Contractor agrees to secure such bond (where required) in the form required by the Town and provide an original thereof to the Town prior to the commencement of performance. E uali : 3.1. In the case of a closed Specification written for a specific item or items to be furnished under the Base Bid, such specifications shall, as applicable, be in compliance with the Massachusetts General Laws, Chapter 30, Section 39M and Chapter 149, Sec. 44A et seq. 3.2. Where the name of an item, material or manufacturer is mentioned in the Specifications or on the Drawings, except as above noted, the intent is to establish a standard and in no way should be construed to exclude any item or manufacturer not mentioned by name, but whose product meets the Specifications as to design, utility and quality. Final decision shall rest with the Project Representative as to its acceptability. 4. Change orders to contracts governed by General Laws Chapter 30B may not increase the quantity of goods or services provided by more than twenty-five (25%) per cent, in compliance with Sec. 13 of Chapter 30B. 5. 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, Sec. 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, Sections 26 and 27D (Prevailing Wage), as shall be in force and as amended. 6. The Contractor shall continuously maintain adequate protection of all work from damage and shall protect the property of the Town and others, including adjacent property, from injury or loss arising (Rev 5-2007) Supplement "C" to Contract between the Town of North Andover Page 1 and in connection with the Contract. The Contractor shall make good any such damage, injury or loss, except as may be directly due to errors in the Contract Documents or caused by agents or employees of the Town, or due to causes beyond the Contractor's control and not the Contractor's fault or negligence. The Contractor shall take all necessary precautions for the safety of employees on the work, and shall comply with all applicable provisions of Federal, State and local laws and codes to prevent accidents or injury to persons on, about or adjacent to the premises where the work is being performed. The Contractor will erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and the public, shall post danger signs warning against the hazards created by such features of construction such as pits, protruding nails, hosts, well holes, elevator hatchways, scaffolding, window openings, stairways and falling materials; and shall designate a responsible member of its organization on the work, whose duty shall be the prevention of accidents. 8. The Town shall at all times have access to the work wherever it is in preparation or progress and the Contractor shall provide suitable accommodations for such access. The Contractor shall appoint a competent superintendent and foreman and any necessary assistants, all of whom shall be satisfactory to the Town. If the Town in its sole discretion determines that the construction superintendent, foreman, or assistants are unacceptable to the Town, then upon seven days notice from the Town, the Contractor shall replace such person or persons with people acceptable to the Town. 10. The Contractor shall give efficient supervision to the work, using its best skill and attention. The Contractor shall carefully study and compare the drawings, specifications and other instructions and shall at once report to the Town any error, inconsistency or omission which shall be discovered. Included in this responsibility shall be supervision of all work performed by subcontractors on the work. 11. If the Contractor should neglect to prosecute the work properly, or fail to perform the contract or any of its provisions, the Town, upon three days written notice, may, without prejudice to any other remedy it may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor. 12. Inspection by the Town's Project Representative 12.1. The Town shall have the right to designate a Project Representative who may make periodic visits to the site to familiarize the Town generally with the progress and quality of the work, and to determine in general if the work is proceeding in accordance with the Contract Documents. The Project Representative will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the work, and will not be responsible for the Contractor's failure to carry out the construction work in accordance with the Contract Documents. During such visits and on the basis of these observations while at the site, the Project Representative will keep the Town informed on the progress of the work, will endeavor to guard the Town against defects and deficiencies in the work of contractors, and may condemn structural work as failing to conform to the Contract Documents. The Project Representative shall have authority to act on behalf of the Town only to the extent expressly delegated by the Town, which shall be shown to the Contractor, and shall have authority to stop the work whenever such stoppage may reasonably be necessary to insure the proper execution of the Contract. (Rev 5-2007) Supplement "C" to Contract between the Town of North Andover Page 2 and 12.2. In connection with the work, the Project Representative shall not be responsible for construction methods, means, techniques, sequences or procedures employed by the Contractor or the Contractor's safety programs, requirements, regulations, or precautions. 13. Decisions of the Project Representative 13.1. The Project Representative shall, within a reasonable time, make decisions on all claims of the Town or the Contractor and on all other matters relating to the execution and progress of the structural work or the interpretation of the Contract Documents. 13.2. The Project Representative's decision, in matters relating to the project, shall be final, if within the terms of the Contract Documents. 13.3. If, however, the Project Representative fails to render a decision within ten days after the parties have presented their evidence, either party may then avail itself of the remedies provided in this contract or available to it by law. If the Project Representative renders a decision after such remedies have commenced, such decision may be entered as evidence but shall not disturb or interrupt such proceedings except where such decision is acceptable to the parties concerned. 14.1 Use of Premises by the Contractor: 14.1. The Contractor shall confine its apparatus, the storage of materials and the operations of its workmen to limits indicated by law, by-laws, permits or directions of the Town and shall not unreasonably encumber the premises with its materials. 14.2. The Contractor shall not load or permit any part of the structure to be loaded with a weight that will endanger its safety. 15. Maintenance of Premises: The Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by its employees or work, and at the completion of the work it shall remove all its rubbish from and about the work site and all its tools, scaffolding and surplus materials and shall leave its work "broom -clean", or its equivalent, unless more exactly specified. In case of dispute, the Town may remove the rubbish and charge the cost to the several contractors, as the Town shall determine to be just. 16. Right to Terminate If the Contractor should (1) be adjudged a bankrupt, (2) make a general assignment for the benefit of creditors, (3) have a receiver appointed on account of its insolvency, (4) persistently or repeatedly refuse or fail to supply enough personnel and resources to perform the contract, (5) fail to make prompt payment to subcontractors or to providers of materials or labor, (6) persistently disregard laws and regulations or lawful directives of the Town, or (7) be guilty of a substantial violation of any provision of the Contract, then the Town may, without prejudice to any other right or remedy and after giving the Contractor (or any surety) seven days written notice, terminate the contract and the employment of the Contractor and take possession of the premises and of all materials, tools and appliances thereon and finish the work by whatever method it deems appropriate. (Rev 5-2007) Supplement "C" to Contract between the Town of North Andover Page 3 and In such cases, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid amount owed to the Contractor for work already completed shall exceed the expense of finishing the work, including compensation for additional architectural, managerial, legal and administrative services, such excess shall be paid to the Contractor. If such expenses shall exceed such unpaid balances, the Contractor shall pay the difference to the Town. The Contractor shall not be relieved of liability to the Town by virtue of any termination of this contract, and any claim for damages against the Contractor relating to the Contractor's performance under this contract shall survive any termination hereunder. Notwithstanding any other provision of this Agreement, the Town reserves the right at any time in its absolute discretion to suspend or terminate this Agreement in whole or in part for its convenience upon seven days written notice to the Contractor. The Town shall incur no liability by reason of such termination except for the obligation to pay compensation for all work performed by the Contractor and accepted by the Town to the termination date. 17. Progress ss Payments: 17.1. The Contractor shall submit to the Town an itemized Application for Payment, supported to the extent required by the Town by invoices or other vouchers, showing payments for materials and labor, payments to Subcontractors and such other evidence of the Contractor's right to payment. 17.2. The Contractor shall, before the first application, submit to the Town a schedule of values of the various parts of the work, including quantities aggregating the total sum of the Contract, divided so as to facilitate payments to Subcontractors, made out in such form as the Town and the Contractor may agree upon, and, if required, supported by such evidence as to its correctness. This schedule, when approved by the Town, shall be used as a basis for payment, unless it is found to be in error. If applying for payments, the Contractor shall submit a statement based upon this schedule. 18. Withholding of Payments 18.1. The Town may withhold or, on account of subsequently discovered evidence, nullify the whole or part of any payment to such extent as may be necessary in its reasonable opinion to protect the Town of North Andover from loss on account of: 18.1.1. Defective work not remedied. 18.1.2. Claims filed or reasonable evidence indicating probable filing of claims. 18.1.3. Failure of the Contractor to make payments properly to Subcontractors or for material or labor. 18.1.4. A reasonable doubt that the Contract can be completed for the balance then unpaid. 18.1.5. Damage to another contractor. (Rev 5-2007) Supplement "C" to Contract between the Town of North Andover Page 4 and 18.1.6. Delays resulting in liquidated damages. 18.2. Withholding of payments shall be in strict compliance with statutory requirements. 19. Claims by Contractor and Liability of Town All claims by the Contractor against the Town shall, unless otherwise provided by law, be initiated by a written claim submitted to the Town no later than seven (7) calendar days after the event or the first appearance of the circumstances causing the claim. The claim shall set forth in detail all known facts and circumstances supporting the claim. The Contractor shall continue its performance under this contract regardless of the submission or existence of any claims. The limit of liability of the Town under this Agreement is limited to the compensation provided herein for work actually performed, and shall in no event include liability for delays or for incidental, special or consequential damages or lost profits or for damages or loss from causes beyond the Town's reasonable control. 20. Liquidated Damages: Because both parties recognize (1) that the time for completion of this Contract is of the essence, (2) that the Town will suffer loss if the work is not completed within the contract time specified, plus any extension thereof allowed in accordance with the provisions of this contract, and (3) the delays, expense and difficulties involved in a legal proceeding to determine the actual loss suffered by the Town if the work is not completed in time, it is agreed that the Contractor will pay the Town as liquidated damages representing an estimate of delay damages, not as a penalty, the sum of One Thousand Dollars ($1,000) per day for each calendar day of delay until the work is completed, whether the work is completed by the Contractor or some other person. The Town's right to impose liquidated damages shall in no way prohibit or restrict the Town's right to bring a legal action for damages in lieu of or in addition to its option to impose liquidated damages. The Town may deduct any liquidated damages from money due the Contractor, and if such payment is insufficient to cover the liquidated damages, then the Contractor shall pay the amount due. 21. The Contractors' Mutual Responsibility: Should the Contractor cause damage to any separate subcontractor on the work, the Contractor agrees, upon due notice, to settle with such contractor by agreement, or by recourse to remedies provided by law or by the provisions of the contract. If such separate contractor sues the Town on account of any damage alleged to have been sustained, the Town shall notify the Contractor, who shall defend such proceedings at the Town's expense and, if any judgment against the Town arises therefrom, the Contractor shall pay or satisfy it and pay all costs incurred by the Town. 22. Separate Contracts: 22.1. The Town reserves the right to let other Contracts in connection with this work under similar General Conditions. The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work, and shall properly connect and coordinate its work with theirs. 22.2. If any part of the Contractor's work depends, for proper execution or results, upon the work of any other contractor, the Contractor shall inspect and promptly report to the (Rev 5-2007) Supplement "C" to Contract between the Town of North Andover Page 5 and Town any defects in such work that render it unsuitable for such proper execution and results. Failure of the Contractor to so inspect and report shall constitute an acceptance of the other contractor's work as fit and proper for the reception of its work except as to defects which may develop in the other contractor's work after the execution of its work. 22.3. To insure the proper execution of its subsequent work, the Contractor shall measure work already in place and shall at once report to the Town any discrepancy between the executed work and the Drawings. 23. Subcontracts: 23.1. All Subcontracts shall be awarded in conformity with the requirements of the General Laws, Commonwealth of Massachusetts, Chapter 149, Sections 44A to 44L, inclusive. 23.2. The Contractor agrees that it is as fully responsible to the Town for the acts and omissions of its Subcontractors and of persons either directly or indirectly employed by them, as it is for the acts and omissions of persons directly employed by it. 23.3. Nothing contained in the Contract Documents shall create any contractual relationship between any Subcontractor and the Town. 24. Contractor -Subcontractor Relations: The Contractor agrees to bind every Subcontractor and every Subcontractor agrees to be bound by the terms of the Agreement, the General Conditions of the Contract, the Supplementary General Conditions, the Drawings and Specifications, as far as applicable to its work, including the provisions of the General Laws, Commonwealth of Massachusetts, Chapter 149, Section 44A, et seq. 25. Indemnification: 25.1. 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, 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 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. 25.2. In any and all claims against the Town or any of their agents or employees by any employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification (Rev 5-2007) Supplement "C" to Contract between the Town of North Andover Page 6 and obligation under this paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under Workmen's Compensation Acts, disability benefit acts or other employee benefit acts. 25.3. 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. 26. The Contractor's Insurance: 26.1. The Contractor shall purchase and maintain such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor's operations under the Contract, whether such operations be by itself or by any Subcontractor or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. 26.1.1. Claims under Worker's Compensation, disability benefit and other similar employee benefit acts; 26.1.2. Claims for damages because of bodily injury, occupational sickness or disease, or death of its employees, and claims insured by usual personal injury liability coverage; 26.1.3. Claims for damage because of bodily injury, sickness or disease, or death of any person other than its employees, and claims insured by usual personal liability coverage; 26.1.4. Claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom. 26.2. The insurance required by the above shall be written for not less than the following minimum limits of liability: 26.2.1. Worker's Compensation Insurance Requirements Workers' Compensation coverage as required by the laws of the Commonwealth of Massachusetts. 26.2.2.1. Liabilitv Insurance Requirements Liability insurance shall include all major divisions and shall be on a comprehensive general basis including Premises and Operations, Owners and Contractor's Protective, Products and Completed Operations, and Owned, Non -owned and Hired Motor Vehicles. All such insurance shall be written for not less than any limits of liability required by law, unless otherwise provided in the contract documents, or the following limits, whichever are greater: (Rev 5-2007) Supplement "C" to Contract between the Town of North Andover Page 7 and Comprehensive General Liability Insurance (Broad Form) Bodily Injury Property Damage Automobile Liability Insurance Excess Liability (Umbrella) $1,000,000 per person $2,000,000 per occurrence $1,000,000 per occurrence $2,000,000 annual aggregate $500,000 per person $1,000,000 per occurrence $2,000,000 Excess Liability (Umbrella) Insurance (Subcontractors) $1,000,000 or 1.5 times the value of The subcontract, whichever is Higher 26.3. The above insurance policies shall also be subject to the following requirements: 26.3.1. Insurance coverage for the Contractor's Comprehensive General Liability, as hereinafter specified under Paragraph entitled "Protective Liability Insurance" shall be written by one and the same insurance company to avoid the expense of duplicate and/or overlapping coverage and to facilitate and expedite the settlement of claims. 26.3.2. Certificates of Insurance acceptable to the Town shall be addressed to and filed with the Town prior to commencement of the work. Renewal certificates shall be addressed to and filed with the Town at least ten (10) days prior to the expiration date of required policies. 26.3.3. No insurance coverage shall be subject to cancellation without at least thirty (30) days prior written notice forwarded by registered or certified mail to the Town. The Town shall also be notified of the attachment of any restrictive amendments to the policies. 26.3.4. All Certificates of Insurance shall be on the "MIIA" or "ACORD" Certificate of Insurance form, shall contain true transcripts from the policies, authenticated by the proper officer of the Insurer, evidencing in particular those insured, the extent of coverage, the location and operations to which the insurance applies, the expiration date and the above-mentioned notice clauses. 26.3.5. All premium costs shall be included in the Contractor's bid. 26.3.6. All insurance shall be written on an occurrence basis. Coverages shall be maintained without interruption from date of the Contract until date of final payment and termination of any coverage required to be maintained after payment. (Rev 5-2007) Supplement "C" to Contract between the Town of North Andover Page 8 and 27. Protective Liability Insurance: 27.1. The Contractor shall purchase and maintain such insurance as described in the preceding paragraph as will protect the Town from claims which may arise from operations under the Contract, including operations performed for the named insureds by independent contractors and general inspection thereof by the named insureds. 27.2. The Contractor shall also purchase and maintain such insurance as will protect the Town against Automobile Non -Ownership Liability in connection with the Contractor's operations under the Contract, whether such operations be by itself or by any Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. 27.3. The limits of liability for coverage required under the preceding paragraphs shall be as specified under the provisions hereof governing the Contractor's General Liability Policy. 27.4. 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 and amendments, shall be the sole responsibility of the Contractor. 28. Liens: Neither the Final Payment nor any part of the retained percentage shall become due until the Contractor, if required, shall deliver to the Town a complete release of all liens arising out of the Contract, or receipts in full in lieu thereof and, if required in either case, an affidavit that as far as it has knowledge or information, the releases and receipts include all the labor and material for which a lien could be filed. The Contractor shall comply with all statutory provisions of the General Laws of the Commonwealth of Massachusetts with regard to liens, Chapter 254 and 149 as amended (as a minimum requirement). 29. Guarantees: 29.1 The Contractor guarantees and warrants to the Town that all labor furnished under this Contract will be competent to perform the tasks undertaken, that the product of such labor will yield only first-class results, that materials and equipment furnished will be of good quality and new unless otherwise permitted by this Contract, and that the Work will be of good quality, free from faults and defects and in strict conformance with this Contract. All Work not conforming to these requirements may be considered defective. 29.2. If at any time any part of the work constructed under the terms of this contract shall in the opinion of the Town Manager require repairing due to defective work or materials furnished by the Contractor, he may notify the Contractor in writing to make the required repairs. If the Contractor shall neglect to start such repairs within ten days of the date of giving it notice thereof and to complete the same to the satisfaction of the Town Manager (Rev 5-2007) Supplement "C" to Contract between the Town of North Andover Page 9 and with reasonable dispatch, then the latter may employ other persons to make such repairs. The Town shall charge the expense thereof to the Contractor and may use any moneys still retained to pay for the same, and if such sum is insufficient, the Contractor shall be obligated to pay the balance thereof. 29.3. All guarantees and warranties required in the various Sections of the Specifications which originate with a Subcontractor or Manufacturer must be delivered to the Town before final payment to the Contractor may be made for the amount of that subtrade or for the phase of work to which the guarantee or warranty relates. The failure to deliver a required guarantee or warranty shall be held to constitute a failure of the Subcontractor to fully complete his work in accordance with the Contract Documents. The Contractor's obligation to correct work is in addition to, and not in substitution of, such guarantees or warranties as may be required in the various Sections of the Specifications. This Agreement is intended to take effect as a sealed instrument. Witness our hands and seals hereto: Dated: The Town of North Andover by: Town Manager Department/Division Head Town Accountant Certified as to Appropriation Town Counsel Certified as to Form The Contractor by: (au o; y or agency) (Rev 5-2007) Supplement "C" to Contract between the Town of North Andover Page 10 and 08/11/2009 04:10 9786820713 RC LAFOND INSURANCE PAGE 01/01 AClJR`!�w _ DATE VJPWM / THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PRODUCER ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE R. C. Lafond Insurance Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 396 Andover Street North Andover NA 01845 COMPANIES AFFORDING COVERAGE Michael J. Laorenaa COMPANY A The R$rtfOXd Ptlr>neNo, 9y8=686-3826 Fa%Na$A8-682-073,3 INSURED COMPANY e Safety Insurance Company Nexa14p, Inc. 21 High Street, St. 209 COMPANY C F3.rat Mercury insurance Co. North Andover, MA 01848 COMPANY D American Insurance Co. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE 118TEO BELOW HAVE SEEN ISSUED To THE INSURED NAMED ABOVE FOR THE POLICY PERIOD ANY REQUIREMENT, TERM OA CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS INDICATED, NOTWITHSTANDING CERTIFICATE MAY EE ISSUED OR MAY PERTAIN, THE INBURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN I8 SUBJECT TO ALL THE TEAMS, ExCLUSIONs nNb CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, LTR PE TYOF INSURANCE POLICY NUMBER POLICYEFFFCTIVE POLICYEWRATION LIM" DATE (MMIDDIYY) DATE (MMIDDA'l BODILY INJURY OCC $ 2000000 GENERAL LIABILITY C X COMPREHENSIVE FORM FIM OO1796 01/17/09 01/17/10 BODILY INJURY AGO s2000000 PAEMISESIOPERATIONS PROPERTY DAMAGE OCC 61000000 UNDERGROUND NDE GROU DOLLAPSEHAZARD X PROPERTY DAMAGE AGO $1000000 BI6PDCOMBINEDOCC S 50000 PRODUCTSrCOMFLFTEDOPER W BI 6 PD COMBINED AGO S CONTRACTUAL INDEPENDENT CONTRACTORS PERSONAL INJURY AGO S BROAD FORM PROPERTY OAMAGIa PERSONAL INJURY AUTOMOBILE LIABILITY BODILY INJURY = (Pw perk-) ANY AUTO ALL OWNED AUTOS (Prlve!e PAU) BODILY INJURY S ALL OWNED AUTOS8054721 B X (Ot" Ihan PAvale Payanper) 01/29/09 01/29/10 73 X HIRED AUTOS PROPERTY DAMAGE S 13 X NON•OWNEOAUTOS BODILY INJURY& GARAGE LIABILITY PROPERTY DAMAOr S COMBINED EACH OCCURRENCE $ 5000000 EXOEBSLIABIUTY 01./3,,7/09 01/17/10 AGGREGATE $5000000 C X uMtftkLA FORM CUM 5000000 OTHER THAN uMeRELLAFORM5 srATu� o . ' A, wORkER3 COMPVMTION AND BMPLOYERVLIABILITY To � EL EACH ACCIDENT :1000000 THEPROPRIETORI INCL OBWECP3783S 08/10/09 08/10/10 ELDISEASE-POLICY LIMIT 191000000 PARTNERSIEXECUTNE EL DISEASE -EA EMPLOYEE S 1000000 OFFICERS ARE: EXCL DINER $ Professional Liab NC088120301 12/06/08 12/OS/D9 ]000000 DESOR ON OF OPERAT)ONMOCAT10NMME MLEMPEICIAL ITEMS USUAL TO AN INSTALLER OF RSRLWABL8 MRGY SOLUTIONS ALL OPtRATIONS i SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE ZZZ ZZ -1 EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENoEAVOR TO MAIL 20 DAY$ WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT PAILURE TO MAIL WON NOTICE SHALL. IMPOSE NO OBLKaATKIN OR LIABRITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPAESENTATNEs, AVTNOWED rMPRESENTATIVE Michael J. La,orenza Nam e 'Ftt>1, J ae Lyef c tc.. No✓ /�„ �l o✓ev `v2 Gm e rza-t-) J'@ wew. c� u :71 l� a Az) w lk b u u r v W a S DJ V J 1., ° J LO � N � N J v � � ^.J J z .o � 7