185.021.27 On Call HVAC Services.pdf

INVITATION FOR BID

IFB NO. 185/021/27

ON-CALL HEATING, VENTILATION AND AIR CONDITIONING (HVAC)

SERVICES

FOR THE TOWN OF ANDOVER

September 2, 2026

BIDS DUE:

October 15, 2026 at 11:00 AM

Late Proposals Will Be Rejected

DELIVER COMPLETED SUBMISSIONS TO:

Town of Andover, MA Central Purchasing Department

Attn: Theresa Peznola 36 Bartlet Street, Andover, MA 01810

Phone: 978-623-8951 e-mail: theresa.peznola@andoverma.us mailto:twatkins@andoverma.gov mailto:twatkins@andoverma.gov

IFB No. 185/021/27 Town of Andover, Massachusetts

Purchasing Department

COVER SHEET

The Town of Andover reserves the right to reject any or all Bids, to omit any item or items called for, or to accept the bids(s) deemed in the best interest of the Town. One Original and One (1) copy of the bids must be submitted on or before 11:00 AM on Thursday, October 15, 2026 to:

Theresa Peznola, Purchasing Agent Purchasing Department

Town Offices 36 Bartlet Street

Andover, Massachusetts 01810

The envelope containing the Bid and required information must be sealed and marked with Proposer’s name, title of proposal, IFB number, and date of opening. The Proposer must sign all required signature pages in order for the proposal to be considered.

The Proposer acknowledges receipt of the following ADDENDA #

BUSINESS/INDIVIDUAL NAME_______________________________________________________

ADDRESS __________________________________________________________

CITY, STATE, ZIP CODE __________________________________________________________

TELEPHONE __________________________________________________________

EMAIL __________________________________________________________

INDIVIDUAL/AUTHORIZED SIGNATURE ______________________________________

AUTHORIZED OFFICER NAME (print) ______________________________________

DATE ______________________________________

By signing above, the authorized officer is certifying that a complete examination of all bid/rfp documents has been made and that the goods/services will be delivered within the time specified and at the prices stated.

All bidders must sign and submit with their bid the attached Certificate of Good Faith and Tax Attestation Form. Failure to do so will result in the bid being unresponsive and rejected.

If bidder/proposer is a co-partnership, all partners must execute both copies of the bid/proposal, unless one partner has been authorized to sign for the co-partnership, in which case evidence of such authority shall be submitted.

If bidder/proposer is a corporation, the authorized agent shall execute both copies of the bid/proposal.

Evidence of authority to sign must be submitted.

The Town of Andover reserves the right to reject any or all bids/proposals and waive any informalities deemed to be in the best interests of the Town.

INVITATION TO BID

Sealed bids for furnishing the following will be received at the Office of Central Purchasing, Andover Town Offices, 36 Bartlet St., Andover, Massachusetts 01810 until the time specified below at which time the bids will be publicly opened and read. The time received will be stamped on each bid and for a consistency of time, the time stamp clock in the Purchasing Office will be the determining time.

ITEM BID OPENING

IFB No. 185/021/27 October 15, 2026 On-Call Heating, Ventilation, and Air Conditioning (HVAC) 11:00 AM Services, Andover, MA

Bid Documents and bid forms may be obtained on the Central Purchasing Department webpage located at www.andoverma.gov/bids.

THERE IS NO SECURITY REQUIRED ON THIS BID.

No bidder may withdraw his bid for a period of thirty (30) work days after the date set for the opening thereof.

Attention is directed to the minimum wage rates to be paid as determined by the Department of Labor and Workforce Development under the provisions of Massachusetts General Laws, Chapter 149, Sections 26 to 27D inclusive.

The bidding and award of this Contract will be under the provisions of M.G. L. Chapter 149, Section 44A, et seq. and the provisions of M.G.L. Chapter 30, Section 39S.

Andover is an affirmative action/equal opportunity purchaser. The Town reserves the right to accept or reject, in whole or in part, any or all bids or take whatever, other action may be deemed necessary to be in the best interest of the Town.

Theresa Peznola Purchasing Agent

ADV: Central Register – September 30, 2026 Andover Townsman- October 1, 2026 http://www.andoverma.gov/bids

Town of Andover, MA

IFB No. 185/021/27

On-Call Heating, Ventilation and Air Conditioning (HVAC)

Description of Procurement

The purpose of this procurement is for the Town of Andover to contract with qualified Heating, Ventilation and Air Conditioning (HVAC) companies from which the Deaprtment of Facilities may select a HVAC contractor who is capable of performing various HVAC maintenance and repair services at any time when the department does not have the available resources to do so. The types of services to be covered include, but are not limited to fabrication of duct work, installation of duct work, installation of HVAC equipment, air system balancing, air quality improvements, climate control checks, energy efficiency checks, refrigerant recovery services, and 24-hour emergency services. When requested, a written estimate shall be provided prior to commencement of work.

Projects estimated to cost greater than $50,000 will be bid separately under the auspices of MGL Ch. 149. The service contract will only cover jobs with a total cost of less than $50,000 per job inclusive of labor and exclusive of materials. Any job over this amount must follow the required competitive procurement procedures. In addition, any one job under this contract that is expected to cost between $25,000 to $50,000 will require a 50% Payment Bond on the Town’s own Payment Bond Form prior to the start of any work.

Selection of a contractor for needed service(s) will be left to the sole discretion of the Deaprtment of Facilities or, in some cases, the department requiring the services. The Town of Andover anticipates awarding this contract to up to three contractors, therefore, it will not be guaranteed all contracts for services will be solely awarded to one particular contractor throughout the duration of the contract.

All responses submitted by a bidder are binding on the bidder for 30 days following the opening date of the bid, and/or until such time as the bidder withdraws its response in writing prior to the bid opening date and time, addressed to the contact person for this bid.

2. Acquisition Method & Contract Value

The Town of Andover will make best efforts to contact all contractors on the contractor list to request an estimated cost quote and information on availability of the contractor. Specifications may be developed and either mailed, faxed or emailed to contractors with a written proposal required to be considered for a job.

Contractors may be asked to provide a quote on an hourly basis with an additional amount for supplies and materials or a total cost for the job may be requested. Certain circumstances may require site visits. In all cases, the contractor must adhere to the Prevailing Wage laws, which are incorporated as part of this bid, and which are updated on a yearly basis by the Town. Any one job costing over $50,000 will not be covered by this contract and will be bid separately by the Purchasing Department.

It is estimated that the services required during the one year term of this contract shall be around $50,000 in total. The Contractor(s) who is/are awarded this bid shall note that this sum of money is only an estimate and not guaranteed, especially since the Town of Andover reserves the right to hire multiple contractors and utilize the services of multiple contractors throughout the duration of the contract.

3. Term of Contract and Options to Renew The initial term of this contract will be for a period of one (1) year beginning on or around November 1, 2026 when the vendor is awarded a contract and ending on October 31, 2027. At the sole discretion of the Town of Andover, the contract may be renewed in one year increments for an additional two years.

Approximately 30 days prior to the end of each option, the Purchasing Department will send a letter to the contractors requesting to exercise the option to renew the contract. The contractors will sign a Contract Amendment Form and return this as requested. Contractors are responsible to adhere to all applicable prevailing wage rates throughout the course of the contract.

4. Contract and Performance Specifications

Where required by law, contractors must possess a valid license/registration to perform services in the Commonwealth of Massachusetts. A copy of any required license/registration must be submitted with the bidder’s response.

Contractors must have at least three (3) years of relevant experience in the HVAC trade prior to responding to this bid. Bidders with less than three (3) years experience must submit, with their response, a written request to be exempt from this requirement including a statement explaining why they should be exempt. This is to allow for the addition of a new business whose personnel have excellent qualifications and experience in providing the plumbing services proposed.

Any and all work performed throughout the duration of the contract must be guaranteed by the contractor to be completed in a workmanship-like manner and according to applicable codes and industry-accepted standards.

Unless otherwise stated in specifications for a particular job, the contractor will supply all labor, equipment, materials, parts and supplies necessary to complete a service. The contractor will be responsible for securing any and all necessary permits required prior to commencing work on any job. The Town of Andover will waive all Permit Fees under its jurisdiction. Depending on individual Department needs, emergencies may require 24 hour, 7 day a week availability of a service. Please respond in your bid if you are unable to abide by this.

Contractors must respond to a department, by phone, in a timely manner within four (4) hours after receiving a service request call and must be prepared to have an employee on site within four (4) hours of the phone call. If service is an emergency, contractor must respond by phone within one (1) hour and work must be started within four (4) hours. A site visit to the department must be scheduled in a reasonable period, which must be agreed upon by the requesting department. This should normally occur within 48 hours, but as needs and circumstances will vary, it is expected that a contractor will accommodate the needs of a department. All appointments made between a contractor and a department must be kept unless the department agrees to a change. Failure on a contractor’s part to keep appointments may result in termination of the contract. All quotes must be provided at no cost to the department. Business and Cellular phone numbers of the selected vendors must be provided to the Town.

Services solicited through this bid request are subject to the Massachusetts Prevailing Wage Laws. Applicable Prevailing Wage Rates are issued with this bid request. These will become a part of any contract resulting from this bid request. These wage rates will be valid for the duration of the initial term of the contract but must be updated on an annual basis in accordance with Massachusetts General Law. The Purchasing Department will issue a new wage rate schedule for years two and three, should the Town exercise its option to renew the contract with the awarded vendor(s). It is the responsibility of the contractor to adhere to the Prevailing Wage Laws and all requirements. The contractor must submit a Weekly Payroll Report Form, which is included with this bid request, to the Purchasing Department within 3 business days of the previous work week.

Work shall be performed under the direction of the Deaprtment of Facilities. The Contractor shall specify all regular and overtime hourly rates. The submitted rates shall include complete manpower costs involved with accomplishing the required work.

The contract shall also include a materials markup percentage for all supplies utilized in performing the work.

It is intended that the Contractor shall accomplish the majority of work during normal business hours and on a straight time basis. Work shall not be accomplished on an overtime basis unless prior approval has been obtained from the Director of the requesting Department. Standard hours of work shall be Monday-Friday 7:00 am until 5:00 pm.

All work is to be quality work and shall be performed according to the standards of the industry and according to the plans, directions and instructions as presented by the authorized representatives of the Town of Andover and must meet all state and local Building Codes.

The hourly rates reflect the amount a contractor will charge per hour only - not per hour per person. Only one tradesman shall be assigned to work on a job. Prior permission must be received before the contractor can assign more than one worker per job, including apprentices/helpers. The Town reserves the right to question whether additional personnel are warranted on a particular job based upon each job quote/proposal and performance status. Special attention will be given to allow for assistance when needed, or an unexpected part(s) acquisition is needed during a job to contain costs. However, the contractor must arrive at any routine job that he has quoted prepared with the appropriate personnel, equipment and supplies to perform the project with minor off-site time and travel.

The Contractor shall only use trained and licensed personnel who are directly employed and supervised by the Contractor unless prior approval is obtained. The Contractor shall not subcontract or sublet any portion of the work without the written consent of the Purchasing Agent.

The Town of Andover reserves the right to inspect any and all work performed and in progress under these contracts. Any omission or failure on the part of the Town of Andover’s representative to disapprove or reject inferior or defective work or materials shall not be construed to be an acceptance of such work or material. If any defective work or material is found during inspection, the contractor shall remove or repair, at his/her own expense, such defective work or material rejected and shall rebuild and/or replace it without extra charge.

All materials and equipment provided under the contract shall be listed and labeled for the purpose intended. All work provided under this contract shall have, as a minimum, a one (1) year warranty from the date of final acceptance thereof against any latent defects, design, materials, workmanship and installation.

Contractor shall provide a written one (1) year warranty for equipment installed during the contract period.

Warranty Certificate shall be provided to the using agency that places the order. The Contractor warrants that, unless otherwise specified, all materials and equipment, incorporated in the work under the Contract shall be new, first class, and in accordance with the Contract Documents. The Contractor further warrants all workmanship shall be first class and in accordance with the Contract Documents and shall be performed by qualified personnel. Work not conforming to these warranties shall be deemed unacceptable and will not be paid.

5. Submission of Questions

Prospective Bidders may submit questions to the Purchasing Agent regarding this solicitation up until five (5) business days of the opening of the bid to Theresa.peznola@andoverma.us

6. Instructions for Submission of Responses Bidder Response Package:

All Bids, including all the required forms (cover sheet and Attachments A through H) which are attached and which all must have an original signature, are due in the Office of Central Purchasing on or before 11:00 AM Thursday, October 15, 2026, if at the time of the bid opening the Town Office Building is closed due to some unforeseen emergency bids will be due and open the next business day at 11:00 am. The time stamp clock in the Purchasing Department office governs the time. All areas of this bid must be filled out. The Town reserves the right to reject any vendor that does not fill out the bid in its entirety or is late in submitting their bid.

7. Selection Criteria

The purpose of this bid is to establish contracts with pre-qualified masons from which Departments can readily obtain needed services in a cost-effective manner. Thus, the Purchasing Agent intends to make awards to various contractors who demonstrate their qualifications as identified, offers the lowest hourly rates in the BID, and responds by the due date given above.

All mandatory requirements in this BID must be met.

The Town of Andover reserves the right to reject any and all bids if it is in the public’s best interest to do so.

Selection of contractors will be based upon the lowest total hourly rate which will be determined by adding the rate for normal business hours (Monday thru Friday 7AM – 5PM) plus the rate for Holidays, weekends and evening hours. In the event of a tie, the contractors will be invited back to the Purchasing Office for a random drawing of names which will determine who the contract is awarded to.

Award of this contract shall be made to the lowest responsible and eligible bidders, and in accordance with MGL CH. 149, within thirty (30) days, Saturdays, Sundays and legal holidays excluded, after the opening of the bids.

8. References

Bidders must submit three (3) business references with whom the bidder has conducted HVAC services within the last twelve (12) months. A contact name and telephone number must be provided for all references given.

The Purchasing Agent has the right to verify any references included in a bidder’s response and to conduct any other reference or credit checks, as the Purchasing Agent deems appropriate. The Purchasing Agent also reserves the right to use historical information, whether gleaned from references provided, previous contract performance or outside sources in the evaluation of a bidder’s response. Poor references or past history may result in a bidder not being awarded a contract.

9. Statement of Qualification

Bidders must submit a Statement of Qualification (Attachment C) which indicates at least three (3) years of relevant experience (prior to the release of the bid). The Statement of Qualification must include evidence that the bidder currently has the ability to perform the type, magnitude and quality of work within the scope of the bid. The Statement of Qualification must include a detailed description of information regarding any company bankruptcy proceedings and/or name changes within the last five (5) years. The Purchasing Agent reserves the right to confirm the bidder’s Statement and ability to perform the services specified in the bidder’s response.

A bidder who has been in business less than three (3) years may request that the Purchasing Agent waive this business requirement, but the Purchasing Agent has no obligation to grant such a request. This is to allow for the addition of a new business whose personnel have excellent qualifications and experience in providing the services proposed.

10. Certificate of Non-Collusion All proposers must sign the attached form which incorporates both an attestation clause regarding Massachusetts State tax returns and a Certificate of Non-Collusion and submit it with their Proposal.

FAILURE TO SIGN AND OR SUBMIT THE FORM WILL MAKE THE SUBMITTED BID INVALID.

11. Insurance Requirements All insurance coverages and requirements are listed in the attached SAMPLE CONTRACT. Any Contractor submitting a bid proposal must make themselves aware of these requirements and coverages prior to submitting a bid.

12. Contractor’s Contractual Liability

1. The Contractor hereby assumes the entire responsibility and liability for any and all injury to or death of any and all persons, including the Contractor’s employees, and for any and all damage to property caused by, resulting from or arising out of any act, omission, or neglect on the part of the Contractor or of any subcontractor or of anyone directly or indirectly employed by any of them, or of anyone for whose acts any of them may be liable in connection with operations under the Contract.

2. The Contractor further agrees to indemnify and hold harmless the Owner including the agents, employees, and representatives from and against all claims, damages, losses and expenses, including attorneys’ fees, arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting there from, and (2) is caused in whole or in part by any negligent act or omission 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, regardless of whether or not it is caused in part by a party indemnified hereunder.

3. In any and all claims against the Owner 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 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.

4 The intent of the specifications regarding insurance is to specify minimum coverages 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 him and the Owner from and against all claims, damages, losses and expenses resulting from exposure to any casualty liability in the performance of the work, except for exclusions defined herein before.

13. Contractor Performance Criteria

Each contractor’s performance will be evaluated on an ongoing basis and these evaluations will be utilized in determining whether to renew a contract. Contractors must notify the Purchasing Department within seven (7) days of any change in address, phone or fax numbers and or contact names.

User departments will be surveyed as to their satisfaction with the contractor’s performance under the contracts.

Such surveys may include, but not be limited to, satisfaction with the contractor’s performance, timeliness of response and billing accuracy. Not maintaining a satisfactory rating may be grounds for early termination or non-renewal of that contractor’s contract.

Contractor performance will also be measured based upon the number of complaints received from user departments. A high number of unresolved complaints will result in a warning to the contractor and may lead to early termination or non-renewal of that contractor’s contract.

14. Prevailing Wage

Attached copies of Prevailing Wage Rates and the Statement of Compliance from Mass. Dept. of Labor and Industries shall apply to the labor required to perform all work. Those rates must be reviewed and complied with. Certified Weekly Payroll documents shall be sent to the Office of Plant & Facilities, 5 Campanelli Drive, Andover, MA 01810. They shall be sent Three (3) business days after the close of the previous workweek.

15. The specifications, terms, conditions, and detailed requirements of this bid package will become part of any contract that results from this bid request.

16. The Bidder agrees by submitting a bid to indemnify, save harmless, and defend the Town, its elected and appointed officials, employees or agents from and against any and all liabilities, claims, penalties, forfeitures, suits, and the costs and expenses incident thereto (including costs of defense, settlement, and reasonable attorneys fees), which it may hereafter incur, become responsible for, or pay out as a result of death or bodily injuries to any person, destruction or damage to any property, contamination of or adverse effects on the environment, or any violation of governmental laws, regulation, or orders caused, in whole or in part, by the Bidder’s employees, or it's agents or servants, in the performance of this Contract.

17. Contractor Requirements It is mandatory that the Contractor meet all of the following requirements.

Be a licensed HVAC contractor and have been regularly involved and actively engaged in the HVAC contracting business while performing the type of work as described in this bid document, for a minimum of three (3) years.

Maintain a twenty-four (24) hour, seven (7) day a week emergency response telephone number.

Carry the required amount of insurance as shown in the insurance requirements enclosed within this contract.

Rate per hour of the wages to be paid under this contract agreement shall be no less than the applicable rate of wages as determined by the Commissioner of Labor and Industries and announced in the “Minimum Wage Rates Schedule” that has been made part of this bid.

18. CORI

Upon award of contract, contractor must have all personnel fill out a CORI Form (Enclosed) and be approved by the Town of Andover before they begin any work.

19. OSHA Certification All personnel providing services in support of this contract must have OSHA Training and be OSHA Certified.

20. Charges for Equipment Rental Any equipment that is rented by the Contractor in the performance of this contract shall require prior approval of the Town of Andover and then if approved may be charged to the Town of Andover at the same rate as invoiced by the rental company.

ATTACHMENT A

Bid _______: TRADESPERSONS REPAIR AND MAINTENANCE SERVICES

BIDDER RESPONSE FORM

Company Name: _______________________________________ Date: _______________

Contact Name: __________________________________________ Small Business: Y or N

Woman Owned: Y or N Minority Owned: Y or N

Phone: __________________ Fax: _____________________ Mobile: __________________

Email: ___________________ _________________________ Web Site: ________________

Mailing Address: __________ _________________________ __ ______________________

City: ____________________ ______ State: ____________ Zip: _____________________

ATTACHMENT B

Bid Price Sheet

TIME AND MATERIALS PRICING

HOURLY RATE (Hourly rate inclusive of MA Prevailing Wage Rate):

1. Monday thru Friday, 7:00 a.m. to 5:00 p.m.

$__________/ per hour x 200 hours = (A) $_________________

2. Saturday, Sunday & Legal Holiday's

$__________/ per hour x 50 hours = (B) $__________________

MATERIALS

Contractor’s % Markup, if applicable

TOTAL BID PRICE $______________________ (C)

(A+B)

Charges incurred by the Contractor for the time spent in transit (portal-to-portal) from the Contractor’s place of business to the job site and back are not part of the Contract and will not be paid by the City. Computation of the number of hours worked shall include only those hours spent at the job site excluding meal times.

All awarded contractors must agree to comply with all applicable Prevailing Wage Rates. By signing this form, the bidder agrees to pay the applicable prevailing wage rate and agrees to obtain and abide by the Prevailing Wage Rates that are posted with this bid.

(Authorized Signature) (Title or Position)

(Date)

ATTACHMENT C

Statement of Qualification Bid __________ - Tradespersons

This statement is to certify that _______________________________ has been in the business (Company name) of _________________________________________________________________________ (Service(s) provided) for a period of _______ years. We, ________________________________, have the ability to (Company name) perform the type, magnitude and quality of work within the scope of Andover Bid No. _________________ for the services we offer (add any comments below). This company ____ has ____ has not been involved in any bankruptcy proceedings within the last five years. (If the company has been involved in bankruptcy proceedings, please give a detailed description below.) This company ___ has ____ has not undergone a name change within the last five years.

(If the company name has changed, please provide a detailed description below.)

Contractor Ability/Description:

Bankruptcy proceedings:

Name change information:

I certify to the best of my knowledge that all information above is true and correct.

Authorized Signature Position in Company

Date

ATTACHMENT D

CERTIFICATION OF GOOD FAITH

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

Signature required

CERTIFICATE OF STATE TAX COMPLIANCE

Pursuant to Massachusetts General Laws, Chapter 62C, Section 49A, ______________________________________, authorized signatory for name of signatory ____________________________________________________, whose contractor principal place of business is at _______________________________________________, ____________________________ does hereby certify under the pains and penalties of perjury that _____________________________________________________________ has paid all contractor Massachusetts taxes and has complied with all laws of the Commonwealth of Massachusetts relating to taxes, reporting of employees and contractors, and withholding and remitting child support.

Signature required

Federal Identification No. of ___________________________________: __________________ contractor number

ATTACHMENT E

CORPORATE VOTE

At a duly authorized meeting of the Board of Directors of ______________________________ _______________________________ held on ________________________ at which all the Directors were present or waived notice, it was voted that ______________________________, __________________________ of this company, be and he/she hereby is authorized to execute contracts and bonds in the name and behalf of said company, and affix its Corporate Seal thereto, and such execution of any contract or obligation in this company’s name on its behalf by ___________________________________, shall be binding upon this company.

A TRUE COPY ATTEST:

Clerk, Date of this Contract

I hereby certify that I am the Clerk of ____________________________________, that _________________________________ is duly elected ________________________ of said company, and the above vote has not been amended or rescinded and remains in full force and effect as of the date of this contract.

Clerk Corporate Seal

SWORN TO AND SUBSCRIBED BEFORE ME THIS _________ DAY OF _______________,

Notary Public

If a corporation, complete above or attach to each signed copy of the bid/written request/quotation, a notarized copy of vote of corporation authorizing the signatory to sign this bid/written request/quotation form. If attesting clerk is the same person as the individual executing this contract, have signature notarized above.

ATTACHMENT F

SIGNATURES

(IF AN INDIVIDUAL )

Date , 20_____

Signature of Bidder (SEAL) (Owner and Proprietor)

Business Name D/B/A

Business Address

(IF A CO-PARTNERSHIP )

Date ,20______

Firm Name (SEAL)

By (SEAL)

Business Address

Names and Addresses of all

Members of Firm

(IF A CORPORATION )

Date , 20______

Corporate Name

By President or Authorized Agent*

Business Address

*Statement of authorization, duly signed by proper authority, to be attached hereto.

ATTACHMENT G

AFFIDAVIT OF OSHA COMPLIANCE

The undersigned agrees that if he is selected as the contractor, he will comply with the provisions of M.G.L. Chapter 30, Section 39S.

The undersigned certifies, under penalties of perjury, that he is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed on the work;

that all employees to be employed at the worksite will have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health Administration that is at least 10 hours in duration at the time the employee begins work and who shall furnish documentation of successful completion of said course with the first certified payroll report for each employee; and that all employees to be employed in the work subject to this bid have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health Administration that is at least 10 hours in duration.

Date _________________________

(Name of Bidder)

By_______________________________ (Name of person Signing Bid and Title)

Signature is required

(Business Address)

(City and State)

(Telephone Number)

ATTACHMENT H

ON-CALL HVAC SERVICES

ANDOVER, MA

Bid No. 185/021/27

REFERENCES FORM

Bidders Name:_____________________________________________________

Bidders Address:___________________________________________________

Bidder must provide references for similar type projects performed within the past three years. Attach additional pages if necessary.

Reference:___________________________________ Contact:______________ Address: ____________________________________ Phone: _______________ ____________________________________________ Fax: _________________ Description and date of Project:_________________________________________

Reference:___________________________________ Contact:______________ Address: ____________________________________ Phone: _______________ ____________________________________________ Fax: _________________ Description and date of Project:_________________________________________

Reference:___________________________________ Contact:______________ Address: ____________________________________ Phone: _______________ ____________________________________________ Fax: _________________ Description and date of Project:_________________________________________

Reference:___________________________________ Contact:______________ Address: ____________________________________ Phone: _______________ ____________________________________________ Fax: _________________ Description and date of Project:_________________________________________

ATTACHMENT I

TOWN OF ANDOVER

CONSTRUCTION CONTRACT

(PROJECTS UNDER $100,000.00)

Date: ______________________

This contract is entered into on, or as of, this date by and between the Town of Andover (the “Town”) and

1. This is a contract for the work described as follows:

1.1 Description of Work:

1.1.1 Required Bonds

1.1.2 Required Insurance

1.1.3 Contract Amount :

1.2 Scope of Work: The Work comprises the completed project described in the Contract Documents and includes all labor, professional services, transportation, tools, materials, supplies, equipment, permits, approvals, documents, calculations, submittals, and certificates necessary to develop, perform, construct and complete the project in accordance with all applicable laws, ordinances, and regulations, and in accordance with the Contract Documents.

Before commencing the Work, the Contractor shall carefully study the Contract Documents and carefully compare all Specifications, Plans, Drawings, figures, dimensions, lines, marks, scales, directions of the Designer, and any other information provided by the Town and shall at once report to the Designer any questions, errors, inconsistencies, or omissions. The Town expressly disclaims any express or implied warranties regarding the sufficiency of the Plans and Specifications, drawings, figures, dimension lines, marker scales and direction of the Designer.

1.3 Interpretation. The Plans and Specifications and other Contract Documents are to be considered together and are intended to be mutually complementary, so that any work shown on the Plans though not specified in the Specifications, and any work specified in the Specifications though not shown on the Plans, is part of the Work to be performed by the Contractor. Capitalized terms not otherwise defined herein shall have the meanings assigned to them in the Owner-Contractor Agreement.

1.3.1 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 Massachusetts General Laws, Chapter 30, Section 39M and Chapter 149, Sec. 44A et seq.

1.3.2 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 Town or its designated Representative as to its acceptability.

1.4 Contractor’s General Duties. The Contractor shall perform the Work in a proper, thorough and workmanlike manner in accordance with the Contract Documents and all applicable laws.

The Contractor shall be solely responsible for, and have control over, construction’s means, methods, techniques, sequences, and procedures, and coordination of all portions of the Work under this Contract. The Contractor shall provide and perform for the Contract Price all of the duties and obligations set forth in the Contract Documents.

1.5 Sales Tax Exemption and Other Taxes. To the extent that materials and supplies are used or incorporated in the performance of this Contract , the Contractor is considered an exempt purchaser under the Massachusetts Sales Act, Chapter 14 of the Acts of 1966. The Contractor shall pay all taxes and tariffs of any sort related to the Work, subject to the applicable exemptions.

1.6 Safety Requirements. The Contractor shall comply with all Federal, State, and local safety laws and regulations applicable to the Work.

1.6.1 The Contractor shall take any 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 the 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 including but not limited to pits, protruding nails, 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.

1.6.2 The Contractor shall comply and shall cause all Subcontractors and persons employed on the Work to comply with all applicable safety requirements. By executing this Contract the Contractor hereby certifies that all employees to be employed at the worksite will have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health Administration that is at least 10 hours in duration at the time the employee begins work and who shall furnish documentation of successful completion of said course with the first certified payroll report for each employee, and that all employees to be employed in the work subject to this bid have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health Administration that is at least 10 hours in duration. Any employee found on a worksite subject to this section without documentation of said course shall be subject to immediate removal.

1.7 Workforce Qualifications. The Contractor shall: (i) employ competent workers; (ii) enforce strict discipline and good order among the Contractor’s employees and other persons carrying out the Work; (iii) not permit employment of unfit persons or persons not skilled in tasks assigned to them. Whenever the Town shall notify the Contractor in writing that any worker is, in the Town’s opinion, incompetent, unfaithful, disorderly, or otherwise unsatisfactory, such employee shall be discharged from the Work and shall not again be employed on the Work except with the consent of the Town.

1.8 Non-Discrimination in Hiring and Employment. By signing this Contract the Contractor hereby certifies that under the pains and penalties of perjury that the Contractor currently complies with and will continue to comply with all federal and state laws, rules and regulations promoting fair employment practices or prohibiting employment discrimination and unfair labor practices and shall not discriminate in the hiring of any applicant for employment nor shall any qualified employee be demoted, discharged or otherwise subject to discrimination in the tenure, position, promotional opportunities, wages, benefits or terms and conditions of their employment because of race, color, national origin, ancestry, age, sex, religion, disability, handicap, sexual orientation or for exercising any rights afforded by law.

1.9 Veterans Preference. In accordance with M.G.L. c. 49, s.26 in the employment of mechanics and apprentices, teamsters, chauffeurs, and laborers in the construction of public works in the Commonwealth, preference shall first be given to citizens of the Commonwealth who have been residents of the Commonwealth for at least six months at the commencement of their employment and who are veterans as defined in M.G.L. c. 4, s.7(34), and who are qualified to perform he work to which the employment relates and, within such preference, preference shall be given to service-disabled veterans; and secondly, to citizens of the Commonwealth generally who have been residents of the Commonwealth for at least six months at the commencement of their employment, and if they cannot be obtained in sufficient numbers, then to citizens of the United States.

1.10 Employment Eligibility Requirements [8 U.S.C., §1324a, 1324b; M.G.L. c. 149 s. 19C;

Executive Order No. 481]. The Contractor hereby certifies under pains and penalties of perjury as a condition of receiving this Contract, that I shall not knowingly use undocumented workers in connection with the performance of the Work and that, pursuant to the requirements of federal law, the Contractor shall verify the immigration status of all workers employed in connection with the Work without engaging in unlawful discrimination, and that the Contractor shall not knowingly or recklessly alter, falsify, or knowingly or recklessly accept altered or falsified documents of any worker. The Contractor shall cause all subcontractors to comply with this provision. The Contractor shall comply with Federal Department of Homeland Security Requirements in hiring any and all “employees” to be employed on the Work who are required to be listed in the certified payroll reports for the Work. Without limitation, such requirements shall include the good faith completion of the Federal Department of Homeland Security I-9 process by the Contractor for each of its employees. The Contractor shall execute a Certificate of Compliance with Employment

Eligibility Verification Requirements (I-9 Certificate) simultaneously with the execution of this Contract. The Contractor shall require each of its subcontractors to execute and provide the Contractor and I-9 Certificate with the execution of each subcontract, and the Contractor shall immediately provide a copy to the Town. The Contractor shall certify in each certified payroll report to the Town that the Form I-9 process was faithfully completed for all employees listed on the payroll report. Violation of this Section shall constitute a material breach of this Contract, subjecting the Contractor to sanctions including but not limited to monetary penalties, withholding of payments, contract supervision, or termination.

1.11 Weekly or Bi-weekly wage payments [M.G.L. c. 149 s, 148]. The Contractor shall comply with, and shall cause its Subcontractors to comply with M.G.L. c. 148 s. 148 which requires the weekly or bi-weekly payment of employees within 6 days of the end of the pay period during in which wages were earned if employees for five or six days of a calendar week, and within other periods of time under certain circumstances as set forth therein.

1.12 Labor Harmony [M.G.L. c. 30, s. 39S]. By executing this contract the Contractor certifies that the Contractor is liable to furnish labor than can work in harmony with all other elements of labor employed or to be employed in the work. The Contractor shall procure materials from such sources and shall manage its own forces and the forces of its Subcontractors and any sub-subcontractors in such a manner as will result in harmonious labor relations on the site.

The Contractor shall cause persons to be employed in the Work who will work in harmony with others so employed. Should the Work be materially stopped or materially delayed in the Town’s reasonable judgment due to a labor dispute, the Town shall have the right to require the Contractor to employ substitutes acceptable to the Town.

2. The Contract price to be paid to the Contractor by the Town of Andover is:

3. Payment will be made in accordance with the provisions of this Contract and in accordance with applicable law.

4. Definitions

4.1 Acceptance: All contracts require proper acceptance of the described goods or services by the Town. Proper acceptance shall be understood to include inspection of goods and certification of acceptable performance for services by authorized representatives of the Town to insure that the goods or services are complete and as specified in the Contract.

4.2 Contract Documents: All documents relative to the Contract including (where used) Invitation to Bid, Request for Proposals, Instructions to Bidders/Proposers, Proposal Form, General Conditions, Supplementary General Conditions, General Specifications, Other Specifications included in Project Manual, Drawings, and all Addenda issued during the bidding or proposal period. The Contract documents are complementary, and what is called for by any one shall be binding as if called for by all. The intention of the document is to include all labor and materials, equipment and transportation necessary for the proper performance of the Contract.

4.3 The Contractor: The “other party” to any Contract with the Town. This term shall (as the sense and particular Contract so require) include Vendor, Contractor, Engineer, or other label used to identify the other party in the particular Contract. Use of the term “Contractor” shall be understood to refer to any other such label used. The Contractor’s relationship with the Town is that of an independent contractor and not that of an agent or employee of the Town.

4.4 Date of Substantial Performance: The date when work is sufficiently complete, the services are performed, or the goods delivered, in accordance with the Contract documents, as modified by approved Amendments and Change Orders.

4.5 Goods: Goods, Supplies, or Materials.

4.6 Subcontractor: Those having direct Contract with the Contractor. The term includes one who furnished material worked to a special design according to the Drawings or Specifications of this work, but does not include one who merely furnished material not so worked.

5. Term of Contract and Time for Performance. This contract shall be fully performed by the Contractor with the provisions of the Contract Documents on or before_______________, unless extended pursuant to a provision for extension contained in the Contract Documents at the sole discretion of the Town, and not subject to assent by the Contractor, and subject to the availability of funds as certified by the Town Accountant. The time limits stated in the Contract Documents are of the essence of the Contract.

5.1 Extension for Delays Caused by Town. The only circumstances under which the Contract Price shall be increased due to delays caused by the Town are those specified in M.G.L. c. 30, §390 appearing in Appendix A to this Contract. In all other cases the Contractor shall be entitled neither to increase the Contract Price nor to receive damages on account of any hindrances or delays, avoidable or unavoidable, but if the delay is caused by the Town, the Contractor shall be entitled to an extension of time to the extent provided in M.G.L. c. 30, §390. The Contractor must submit any claim under this paragraph to the Town in writing as soon as practicable after the end of the Town’s suspension, delay, interruption or failure to act and, in any event, not later than the date of final payment under this Contract. Except for costs due to a suspension order, the Town shall not approve any costs in the claim incurred more than 20 days before the Contractor notified the Town in writing of the act or failure to act or the Town that gave rise to the claim.

6. Subject to Appropriation. Notwithstanding anything in the Contract Documents to the contrary, any and all payments which the Town is required to make under this Contract shall be subject to appropriation or other availability of funds as certified by the Town Accountant. The Town may immediately terminate or suspend this Contract without liability on the part of the Town for damages, penalties or other charges in the event the appropriation(s) funding this Contract is terminated or reduced to an amount which will be insufficient to support anticipated future obligations under this Contract.

7. Permits and Approvals. Permits, Licenses, Approvals and all other legal or administrative prerequisites to its performance of the Contract shall be secured and paid for by the Contractor. The

Contractor shall comply with and give notices required by laws, ordinances, bylaws, rules, regulations, codes…