WEST BOYLSTON MUNICIPAL LIGHTING PLANT SECTION E AGREEMENT OPTION B THIS AGREEMENT, made this day of, 2015, by and between the party of the first part, the West Boylston Municipal Light Plant, hereinafter called "WBMLB," acting herein through its General Manager, and the party of the second part, doing business as *(an individual) (a partnership) (a joint venture) (a corporation) located in the *(City) (Town) of, County of, and State of, hereinafter called "CONTRACTOR." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the WBMLP, the CONTRACTOR hereby agrees with WBMLP to commence and complete the project described as follows: The Work generally consists of: The furnishing and installation of a MW photovoltaic, distributed generation system ( Solar PV System ) and related interconnection facilities to be owned and maintained by CONTRACTOR and associated site work and improvements on WBMLP s undeveloped, wooded 14.4 acre parcel on Paul Tivnan Drive, West Boylston MA. The work includes the furnishing of all equipment, labor and materials associated with the project as described in the Specifications. hereinafter called the Project, for the sum of Dollars ($ ) per kwh of Energy delivered to the Delivery Point during the first Contract Year, with a 1% escalator each Contract Year thereafter for the remainder of the Term of Service, and all extra work in connection therewith, under the terms as stated in the Contract Documents; and at his (its or their) own proper cost and expense to furnish all the materials, supplies, machinery equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said project in accordance with the conditions and prices stated in Section C, BID FORM, Section F, Tab B the Power Purchase Agreement (Attachment 1), SUBLICENSE Agreement (Attachment 2) and Interconnection Agreement (Attachment 3) and Section D, SPECIFICATIONS and any such other Contract Documents applicable to the Work as prepared by the Owner and included in the bid package. 1652883_2
The CONTRACTOR hereby agrees to commence work under this Contract on or before a date to be specified in written "Notice to Proceed" of the WBMLP. The CONTRACTOR further agrees to fully complete the Work by September 11, 2016. The CONTRACTOR further agrees to pay as liquidated damages as set forth in the Power Purchase Agreement for each consecutive calendar day thereafter. *Strike out inapplicable term. The CONTRACTOR agrees not to discriminate against or exclude any person from participation herein on grounds of race, religion, color, sex, age or national origin; and that it shall take affirmative actions to insure that applicants are employed, and that employees are treated during their employment, without regard to race, religion, color, sex, age, handicapped status, or national origin. The CONTRACTOR agrees not to participate in or cooperate with an international boycott, as defined in Section 999 (b)(3) and (4) of the Internal Revenue Code of 1954, as amended, or engage in conduct declared to be unlawful by Section 2 of Chapter 151E of the Massachusetts General Laws. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to the terms of the Power Purchase Agreement. IN WITNESS WHEREOF, the parties to these presents have executed this contract in four (4) counterparts, each of which shall be deemed an original, in the year and day first above mentioned. AGREED: West Boylston Municipal Light Plant (Owner) By Contractor (Name) (Title) By *Strike out inapplicable term. (Name) (Title) 1652883_2
CERTIFICATE OF VOTE (to be filed if Contractor is a Corporation) I, _, hereby certify that I am (Secretary of the Corporation) the duly qualified and acting Secretary of (Name of Corporation) and I further certify that a meeting of the Directors of said Company, duly called and held on, at which (Date of Meeting) all Directors were present and voting, the following vote was unanimously passed: VOTED: To authorize and empower Anyone acting singly, to execute Bid Form, Agreements or Bonds on behalf of the Corporation. I further certify that the above vote is still in effect and has not been changed or modified in any respect. A True Copy: By: (Secretary of Corporation) Attest: (Notary Public) My Commission Expires: (Date) 1652883_2
SECTION F CONTRACT DOCUMENTS TAB A, OPTION A (SEPARATE FILES) ATTACHMENT 1, CONTRACT DOCUMENTS ATTACHMENT 2, SUPPLEMENTARY GENERAL TERMS & CONDITIONS TAB B OPTION B (SEPARATE FILES) ATTACHMENT 1, PPA ATTACHMENT 2, SUBLICENSE AGREEMENT ATTACHMENT 3, INTERCONNECTION AGREEMENT
WEST BOYLSTON MUNICIPAL LIGHTING PLANT SECTION G PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we a (Name of Contractor) (Corporation, Partnership, Joint Venture or Individual) hereinafter called "Principal" and (Surety) of, State of hereinafter (City and State) called the "Surety" and licensed by the State Division of Insurance to do business under the laws of the Commonwealth of Massachusetts, are held and firmly bound to the West Boylston Municipal Light Plant, hereinafter called "Owner", in the penal sum of Dollars ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the Owner, dated the day of, 20, a copy of which is hereto attached and made a part hereof for the project described as follows: The work generally consists of the furnishing and installation of a MW solar photovoltaic distributed generation system ( Solar PV System ) and related interconnection facilities, and associated site work and improvements necessary to install the Solar PV System. The work includes any work necessary to prepare the ground surface for the installation of the Solar PV System, the furnishing and installation of fencing around the site, and associated interconnection work. The Principal shall be responsible for supervision of the work and shall furnish all personnel, services, materials, equipment, plant, machinery, apparatus, appliances, tools, supplies, and all other things necessary to do all work required for the completion of the work and as herein specified.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of this contract or to the work or to the specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Principal shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in four (4) counterparts, each one of which shall be deemed an original, this the day of, 20. ATTEST: Principal By (Principal Secretary) (SEAL) Witness as to Principal (Address-Zip Code) (Address-Zip Code) ATTEST: Surety By (Attorney-in-Fact)
(SEAL) Witness as to Surety (Address-Zip Code) (Address-Zip Code) NOTE: Date of Bond must not be prior to date of Contract. If Principal is a Partnership, all partners should execute Bond.
WEST BOYLSTON MUNICIPAL LIGHTING PLANT SECTION H PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That we a (Name of Contractor) (Corporation, Partnership, Joint Venture or Individual) hereinafter called "Principal" and (Surety) of, State of hereinafter (City and State) called the "Surety" and licensed by the State Division of Insurance to do business under the laws of the Commonwealth of Massachusetts, are held and firmly bound to the Braintree Electric Light Department, hereinafter called "Owner", in the penal sum of Dollars ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the Owner, dated the day of, 20, a copy of which is hereto attached and made a part hereof for the construction described as follows: NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such work, and all insurance premiums on said work, and for all labor, performed in such work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be G-1
performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of this contract or to the work or to the specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one of which shall be deemed an original, this the day of, 20. ATTEST: Principal By (Principal Secretary) (SEAL) Witness as to Principal (Address-Zip Code) (Address-Zip Code) ATTEST: Surety By (Attorney-in-Fact) (SEAL) Witness as to Surety (Address-Zip Code) (Address-Zip Code) G-2
NOTE: Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, all partners should execute Bond. G-3
WEST BOYLSTON MUNICIPAL LIGHTING PLANT SECTION I CERTIFICATE OF INSURANCE [ACORD Form Attached]
WEST BOYLSTON MUNICIPAL LIGHTING PLANT SECTION J PREVAILING WAGE SCHEDULE (SEPARATE FILE)
PROPOSER: ADDRESS: OWNER: ADDRESS: WEST BOYLSTON MUNICIPAL LIGHTING PLANT OWNER S CONTRACT NO: CONTRACT FOR: SECTION K NOTICE OF AWARD Dated You are notified that your Proposal dated for the above Contract has been considered. You have been awarded a contract for the Contract Price. Within five (5) days of your receipt of the Notice of Award, you must deliver to the Owner five fully executed counterparts of the Contract for the applicable option including all the Contract Documents in Sections E and F, and all certifications, affidavits and other forms included in the bid package. Each of the Contract Documents must bear the signature of an authorized person. Additionally, you must deliver with the executed Contract, the Performance and Payment Bonds, and Certificate of Insurance evidencing insurance as required in the Contract. Failure to comply with these conditions within the time specified will entitle Owner to consider your proposal abandoned, to annul this Notice of award and to declare your Bid Security forfeited. Within ten (10) days after you comply with those conditions, Owner will return to you one (1) fully signed counterpart of the Contract with the Contract Documents attached. General Manager, West Boylston Municipal Lighting Plant
WEST BOYLSTON MUNICIPAL LIGHTING PLANT SECTION L DEBARMENT STATEMENT The undersigned certifies under penalty of perjury that the undersigned is not presently debarred from doing public construction work in the Commonwealth under the provisions of section twenty-nine F of chapter twenty-nine, or any other applicable debarment provisions of any other chapter of the General Laws or any rule or regulation promulgated thereunder. Date: Company name Authorized signatory Company address and telephone
WEST BOYLSTON MUNICIPAL LIGHTING PLANT SECTION M AFFIDAVIT OF COMPLIANCE WITH G.L.c.30, 39L FOR CORPORATIONS 1. Check one, if applicable to the nature of business organization of the bidder. Massachusetts Business Corporation Non-profit organization Foreign (Non-Massachusetts) corporation Other 2. I, President Clerk of Whose principal office is located at do hereby certify that the above-named corporation has filed with the Secretary of State all certificates and annual reports required by c. 156B and chapter 181, sections 3, 4 and 5 (foreign corporations) and c. 180, 26A (non-profit corporation) of the Massachusetts General Laws. Signed under penalties of perjury this day of, 2002. Signature of responsible corporate officer.
WEST BOYLSTON MUNICIPAL LIGHTING PLANT SECTION N CERTIFICATE OF NON-COLLUSION The undersigned certifies pursuant to G.L.c.30, 39M under penalties of perjury that this bid is in all respects bona fide, fair and made without collusion or fraud with any other person. As used in this paragraph, the word person shall mean any natural person, joint venture, partnership, corporation or any other business or legal entity. Signature Date Printed name of person signing bid Company