2026.02.02 - LWD Meter Replacement Program RFP to Accent~1.pdf

LYNNFIELD WATER DISTRICT

WATER METER REPLACEMENT PROGRAM

REQUEST FOR PROPOSALS

BY

WESTON & SAMPSON ENGINEERS, INC.

January 2026

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Table of Contents.docx

Table of Contents

Item Title No. of Pages

1. Advertisement

2. General Instructions for Proposers

3. Price Proposal

4. Agreement

5. General Conditions for Contract

6. Technical Specifications

7. Proposal Evaluation Criteria

Appendix A – Reference Statement Form

Appendix B – Questionnaire for Proposers

Appendix C – Lifecycle Cost Analysis Forms

Appendix D – Payment Bond Form

Appendix E – Acronym Sheet

Lynnfield Water District – Water Meter Replacement Program

Request for Proposals

The Lynnfield Water District (Owner) herein solicits proposals for the Lynnfield Water District

– Water Meter Replacement Program (the Project). The Project includes furnishing approximately 1,490 water meters, encoder registers, radio frequency (RF) modules, data collection hardware, head end software, integration with the billing system, training on software/hardware, and professional services for a fully functional Automated Meter Reading

(AMR) system. The Proposer shall furnish all materials, equipment, and incidentals necessary to train and support the Owner in the use of the furnished products and installed systems.

Installation of water meters, encoder registers and AMR modules will be performed by a meter installation contractor; this work will be bid under a separate contract once a Proposer has been selected for this Project. The Owner’s program goals include meter-reading accuracy, metering operations efficiency, standardization of meter sizes/connections, and to control and maintain their low annual operating costs.

Proposal submissions (as required in the proposal documents) must be received no later than 1:00

PM prevailing time, on February 26, 2026, and will be opened on that date. Proposals should be delivered to the Lynnfield Water District Office at 842 Salem St. Lynnfield, MA 01940. A registration (listing) of the submitted proposals will be made public after the opening. No details of the proposals will be made public until after the contract is awarded per MGL 30B, SECTION

6 (d).

Contract Documents may be viewed and downloaded as a Portable Document Format (PDF) file free of charge at www.accentblueprints.com. Copies may be obtained for a fee by completing an order online or by calling 978-362-8038 for each set. Completed orders may be picked up at the office of Accent Printing located at 99 Chelmsford Road, North Billerica, MA 01862 (978-362-

8038), from 9 a.m. to 4 p.m. Copies may also be shipped to prospective proposers for an additional charge to cover handling and mailing fees. All payments for printing and shipping are nonrefundable. For addition to the project plan holder’s list to guarantee receipt of addenda, it is recommended interested proposers obtain the Contract Documents directly from Accent Printing.

Interested proposers will be prompted to register an email address with Accent to access the documents.

Inquiries regarding the Project shall be sent, in writing, to Hali Goodwin at

Goodwin.Hali@wseinc.com or Weston & Sampson, 55 Walkers Brook Drive, Suite 100, Reading, Massachusetts 01847. In order to be considered, all inquiries must be received no later than seven

(7) business days prior to the proposal submission date.

All material submitted by Proposers becomes the irrevocable and sole property of the Owner unless otherwise specified. The Owner shall be under no obligation to return any documents or material submitted by a Proposer, unless specified. The Owner reserves the right to reject any and all

Proposals, to waive any technicalities, and to accept any proposal in the best interest of the Owner.

All proposals for this project are subject to applicable laws of Massachusetts, including General

Laws Chapter 30B, as amended.

Stephan Rondeau, Chair

Board of Water Commissioners

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Advertisement.docx

General Instructions for Proposers

A. Attention of all Proposers is directed to MGL Chapter 30B procurement laws, and to all other applicable Sections of the Massachusetts General Laws of the Commonwealth of

Massachusetts which govern the award of this contract. They will be deemed to be included in the contract the same as though written out in full.

B. No proposal received after the closing time and date established in the Request for Proposals will be considered regardless of the cause for delay in the receipt of such proposals.

C. If the building at which proposals are to be received is closed for any reason on the date and time that proposals are due, receipt of proposal will be postponed until the same time specified in the advertisement on the next normal business day.

D. Any proposer may correct, modify, or withdraw their proposal at any time prior to the scheduled closing time for receipt of proposals provided such is received by the Owner, prior to the closing time for the receipt of proposals, and provided further that the final prices or terms will not be disclosed to the Owner until the proposal is opened.

No proposer may withdraw a proposal within sixty (60) calendar days after the actual date of the opening thereof.

E. Contract Documents may be viewed and downloaded as a Portable Document Format (PDF) file free of charge at www.accentblueprints.com. Copies may be obtained for a fee by completing an order online or by calling 978-362-8038 for each set. Completed orders may be picked up at the office of Accent Printing located at 99 Chelmsford Road, North Billerica, MA 01862 (978-362-8038), from 9 a.m. to 4 p.m. Copies may also be shipped to prospective

Proposers for an additional charge to cover handling and mailing fees. All payments for printing and shipping are nonrefundable. For addition to the project plan holder’s list to guarantee receipt of addenda, it is recommended interested proposers obtain the Contract

Documents directly from Accent Printing. Interested proposers will be prompted to register an email address with Accent to access the documents.

Inquiries regarding this RFP shall be sent, in writing, to Hali Goodwin at

Goodwin.Hali@wseinc.com or Weston & Sampson, 55 Walkers Brook Drive, Suite 100, Reading, Massachusetts 01867. In order to be considered, all inquiries must be received no later than seven (7) business days prior to the proposal submission date.

F. Proposers must acquaint themselves with the requirements of the program, and shall thoroughly examine the proposal and contract documents, including all addenda and requirements for certificates of insurance, bonds, etc., if any. Failure of any Proposer to acquaint themselves with the proposal and contract documents shall in no way release that

Proposer from the obligations with respect to his proposal. By submitting a proposal, the

Proposer agrees that the contract documents and terms are adequate and that the desired results can be produced, unless a separate statement of exception on Proposer letterhead is submitted as discussed in the Specifications.

G. Proposals are to be submitted using a two sealed envelope system as described herein:

EACH PROPOSAL PACKAGE MUST CONTAIN:

(1) Proposer’s Technical Proposal (set of one paper copy, plus three flash drives), including

Reference Statement, in one sealed envelope. Envelope must be clearly labeled

“Technical Proposal for Lynnfield Water District – Water Meter Replacement

Program Part 1”

• Evaluation of technical proposals (contained in one sealed envelope) will be conducted as described in the specifications. All technical proposals shall be submitted as a set of one paper copy, and three flash drives. Technical proposals shall contain the following at a minimum:

o Letter of Transmittal – Addendums must be acknowledged on the first page of the Letter of Transmittal, i.e., (“We acknowledge the following

Addenda___, ___,”) o Table of Contents o Project Implementation Plan o Response to Questionnaire for Proposers o Supporting documentation for products proposed, compliance with minimum criteria, and performance against evaluation criteria o References submitted on the Owner’s “Reference Statement” form o Letter outlining all Exceptions to requirements of this Request for Proposal

(RFP), if applicable

(2) Proposer's Price Proposal and Life Cycle Cost Analysis (LCCA) Form (one set of one paper copy, plus three flash drives), signed by the proposer, and including all forms included therein, in the other sealed envelope. Envelope must be clearly labeled “Price

Proposal and LCCA for Lynnfield Water District – Water Meter Replacement

Program, Part 2”

• Price proposals and LCCA must be submitted on the prescribed forms which are included as part of this document. Price proposals shall include one original paper copy, three flash drives, with digital tabulations of price and life cycle costs in a .csv or Excel format. All blank spaces for requested prices for the Price

Proposal Form must be filled in, in ink or typewritten, and must be legible.

H. If proposals are forwarded by mail, the two sealed envelopes must be enclosed in another envelope addressed as specified in the Request for Proposals.

I. The main basis upon which prices of all Proposers will be compared shall be the total of the proposal. Note that recognition of proposal prices will be a factor in arriving at an overall

“Most Advantageous” rating.

J. If the contract is awarded, it will be awarded to the most advantageous proposal as determined by the Owner’s comparative evaluation of technical proposals, product demonstrations, and proposed prices. If the Owner intends to award to the proposer who did not submit the lowest price, the Owner shall explain the reasons for the award in writing, specifying in reasonable detail the basis for determining that the quality of supplies or services under the contract will not exceed the governmental body's actual needs.

K. Owner acting through its Board of Water Commissioners reserves the right to award the contract, or to reject any and all proposals if it is in the public interest to do so. The Owner reserves the right to waive any informalities.

L. By submitting its proposal, the Proposer agrees to execute the contract and to provide the specified services within the agreed upon time.

M. The Owner is a tax exempt purchaser under Massachusetts Laws. Upon execution of the contract the Owner will furnish tax exempt forms to the contractor.

N. Each Proposer must inform itself fully of the conditions relating to the project. Failure to do so will not relieve a successful proposer of their obligation to furnish all material and labor necessary to carry out the provisions of this contract.

O. Payment bond is required as noted in the General Conditions of Contract. An example payment bond is included in this RFP for informational purposes only.

P. All proposals must be complete, factual, and signed by an authorized officer of the successful

Proposer’s organization.

Q. Failure to comply with the above conditions, requirements, and specifications or any attached conditions, requirements, or specifications may be justification to reject any proposal as incomplete.

R. Erasures or other changes in the proposal must be explained or noted over the signature of the Proposer.

END OF SECTION

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Price Proposal

Proposal of (hereinafter called "Proposer")*

( ) a corporation, organized and existing under the laws of the State of

( ) a partnership

( ) a joint venture

( ) a limited liability company

( ) an individual doing business as

*Insert corporation, partnership, joint venture, LLC or individual as applicable.

To the (hereinafter called "Owner").

Everyone:

The undersigned Proposer, in compliance with your invitation for proposals for the Lynnfield

Water District – Water Meter Replacement Program, having examined the specifications with related documents and being familiar with all of the conditions surrounding the installation of the proposed system including the availability of materials and labor, hereby proposes to furnish all services, materials, equipment, apparatus, appliances, tools, supplies, and all other things necessary to furnish and install the system in accordance with the contract documents, as prepared by Weston & Sampson Engineers, Inc., within the time set forth below, and at the prices stated below. These prices are to cover all expenses incurred in performing the work required under the contract documents, of which this proposal is a part.

The Proposer hereby agrees that if selected as the Contractor it will commence work under this contract on or before a date to be fixed in the written “Agreement” and shall fully complete work by May 31, 2027. The Proposer further agrees to pay as liquidated damages the sum of $500 for each consecutive calendar day thereafter during which the work has not been fully completed, as provided in the Liquidated Damages provisions of the General Conditions for this Contract.

Proposer acknowledges receipt of the following addenda:

No.

Dated:

The Proposer agrees to perform the work described in the specifications for the following lump sum or unit prices:

SPACE INTENTIONALLY LEFT BLANK

Item

Estimated Quantity*

Bid Description Unit or Lump Sum Price Bid in Both Words and Figures Total in Figure

1 Supply of Water Meters, Registers, and RF Modules

1.01 1,415 units 5/8-inch water meter with encoder register and RF module, furnished, per unit

(dollars) and (cents)

1.03 29 units 1-inch water meter with encoder register and RF module, furnished, per unit

(dollars) and (cents)

1.04 26 units 1-1/2-inch water meter with encoder register and RF module, furnished, per unit

(dollars) and (cents)

1/16/2026

*Quantity assumed for comparison of proposals.

Lynnfield Water District - Water Meter Replacement Program

Estimated Quantity*

Bid Description Unit or Lump Sum Price Bid in Both Words and Figures Total in Figure

1.05 17 units 2-inch water meter with encoder register and RF module, furnished, per unit

(dollars) and (cents)

1.06 3 units 3-inch water meter with encoder register and RF module, furnished, per unit

(dollars) and (cents)

2 AMR System Hardware, Software, Integration & Training

2.01 1 Lump sum Fixed Network Control Computer, Data Collection Units and Communication equipment, furnished and installed, lump sum

(dollars) and (cents)

1/16/2026

*Quantity assumed for comparison of proposals.

Estimated Quantity*

Bid Description Unit or Lump Sum Price Bid in Both Words and Figures Total in Figure

2.02 1 Lump sum User licenses for hardware, software and/or RF network fees, lump sum

(dollars) and (cents)

2.03 1 Lump sum Furnish all required staff and installer training on proposed AMR system including software, lump sum

(dollars) and (cents)

3 Implementation, Testing & Training

3.01 1 Lump sum Implementation, billing system integration, testing & training, lump sum

(dollars) and (cents)

1/16/2026

*Quantity assumed for comparison of proposals.

Estimated Quantity*

Bid Description Unit or Lump Sum Price Bid in Both Words and Figures Total in Figure

The Total Amount of PROPOSAL (Items 1 to 3, inclusive) is:

(In Words) Dollars

(In Figures)(In Words)

Centsand

1/16/2026

*Quantity assumed for comparison of proposals.

All entries shall be made clearly in ink or typewritten. Amounts are to be shown in both words and figures. In case of discrepancy between the prices written in words and those written in figures, the amount shown in words shall govern. In the event there is a discrepancy between the unit prices and the total sum of all of the items (the proposed contract price), the unit prices shall govern.

The above unit prices shall include all labor, materials, overhead, profit, insurance, bond premiums, etc., to cover the finished work of the several kinds called for.

The Proposer understands that all proposals for this project are subject to the applicable proposing laws of the Commonwealth of Massachusetts, including General Laws Chapter 30B, as amended.

The Proposer understands that the Owner reserves the right to reject any or all proposals and to waive any informalities in the proposing.

The Proposer agrees that this proposal shall be good and may not be withdrawn for a period of one hundred and twenty (120) calendar days after the opening of proposals.

Within ten days of receipt of the written notice of acceptance of this proposal, the Proposer will execute the formal agreement attached in Agreement and provide the requisite payment and performance bonds and certificates of insurance.

The selected Proposer shall furnish a performance bond and a payment bond in an amount at least equal to one hundred percent (100%) of the contract prices in accordance with the attached Performance Bond, Payment Bond and as stipulated in the General Conditions of these specifications.

The undersigned offers the following information as evidence of its qualifications to perform the work as proposal upon according to all the requirements of the plans and specifications.

1. Have been in business under present name for years.

2. The names and addresses of all persons interested in the proposal (if made by a partnership or corporation) as Principals, are as follows:

(Attach supplementary list if necessary)

Pursuant to M.G.L. CH. 62C, Sec 49A, the undersigned Proposer certifies under the penalties of perjury that he is in compliance with all laws of the Commonwealth relating to taxes, reporting of employees and contractors, and withholding and remitting child support.

The undersigned certifies under penalties of perjury that this proposal 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 other business or legal entity.

Respectfully submitted:

Date By

(Signature)

(Name - Typed or Printed)

(Title)

(SEAL - if proposal is by a corporation)

(Business Name)

(Federal ID Number)

(Business Address)

(City and State)

(Telephone Number)

(Fax Number)

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Agreement

THIS AGREEMENT, made this day of , 202_, by and between the Lynnfield Water District, hereinafter called "Owner," acting herein through its Board of Water

Commissioners, and doing business as (a corporation) (a limited liability company) (a partnership) (a joint venture) (an individual)* located in the (City) (Town)* of

, County of , and State of

, hereinafter called the "Contractor."

WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Owner, the Contractor hereby agrees with the Owner to commence and complete the project described as follows:

hereinafter called the Project, for the sum of Dollars and Cents ($ ) and all extra work in connection therewith, under the terms as stated in the Contract Documents; and at its own proper cost and expense to furnish superintendence, labor, services, materials, equipment, plant, machinery, apparatus, appliances, tools, supplies, bailing, shoring, removal, and all other things necessary to complete the said project in accordance with the conditions and prices stated in the Price Proposal which include all maps, plates, drawings, blue prints, and the specifications and all other contract documents therefor as prepared by Weston & Sampson Engineers, Inc., including all proposal documents.

The following documents shall be considered part of this Agreement and are attached:

1. “Request for Proposal – Lynnfield Water District – Water Meter Replacement

Program” as submitted by , and dated

2. Insurance Certificates, as submitted by , and dated

The Contractor hereby agrees to commence work under this contract on or before a date to be fixed in this written “Agreement” and shall fully complete the contract by May 31, 2027. The Contractor further agrees to pay as liquidated damages the sum of $500 for each consecutive calendar day thereafter during which the work has not been fully completed, as provided in the Liquidated Damages section of the General Conditions for this Contract.

The Contractor shall not discriminate against or exclude any person from participation herein on grounds of race, color, religious creed, national origin, sex, sexual orientation, ancestry, or age; 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, color, religious creed, national origin, sex, sexual orientation, ancestry, age, or handicapped status.

The Contractor shall not participate in or cooperate with an international boycott, as defined in Section 999 (b)(3) and (4) of the Internal Revenue Code of 1986, as amended, or engage in conduct declared to be unlawful by Section 2 of Chapter 151E of the Massachusetts General Laws.

Applicable provisions of Massachusetts General Laws and Regulations and/or the United States Code and Code of Federal Regulations govern this Agreement and any provision in violation of the foregoing shall be deemed null, void and of no effect. Where conflict between Federal and State Laws and Regulations exists, the more stringent requirement shall apply.

Subject to G.L. c.30, sec. 39K and/or sec. 39G and G.L. c.30, sec. 39F, as applicable, the Owner agrees to pay the Contractor in current funds for the performance of the Agreement, subject to additions and deductions, as provided in General Conditions for Contract, and to make payments on account thereof as provided in General Conditions for Contract and Payment Bond.

SPACE INTENTIONALLY LEFT BLANK

IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in two (2) counterparts, each of which shall be deemed an original, in the year and day first above mentioned.

AGREED:

Lynnfield Water District , Massachusetts (Owner)

By its Board of Water Commissioners

Stephan Rondeau Chair

(Contractor)

By

(Name)

(Title)

(Address)

(City and State)

Approved as to Form:

(Owner's Counsel)

In accordance with M.G.L. C.44, Section 31C, this is to certify that an appropriation in the amount of this Contract is available therefor and that the has been authorized to execute the Contract and approve all requisitions and change orders.

(Lynnfield Water District Accountant)

CERTIFICATE OF VOTE

(to be filed if Contractor is a Corporation)

I, , hereby certify that I am the duly qualified and acting Secretary of (Secretary of Corporation) and I further certify that a meeting of the Directors of said company, (Name of Corporation) duly called and held on , at which all members were present and voting, the (Date of Meeting) following vote was unanimously passed:

VOTED: To authorize and empower

Anyone acting singly, to execute Price Proposal Forms, Contracts 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.

By:

(Secretary of Corporation)

A True Copy:

Attest:

(Notary Public)

My Commission Expires:

(Date)

Contractor's Certification

A Contractor will not be eligible for award of a contract unless such Contractor has submitted the following certification, which is deemed a part of the resulting contract:

CONTRACTOR'S CERTIFICATION

Name of the General Contractor certifies that it:

1. Will not discriminate in their employment practices;

2. Intends to use the following listed construction trades in the work under the contract:

and

3. Will make good faith efforts to comply with the minority employee and women employee workforce participation ratio goals and specific affirmative action steps contained herein; and

4. Is in compliance with all applicable federal and state laws, rules, and regulations governing fair labor and employment practices; and

5. Will provide the provisions of the “Supplemental Equal Employment Opportunity, Non-Discrimination and Affirmative Action Program” to each and every subcontractor employed on the Project and will incorporate the terms of this Section into all subcontracts and work orders entered into on the Project.

6. Agrees to comply with all provisions contained herein.

Signature of authorized representative of Contractor Date

Printed name of authorized representative of Contractor

Contractor’s Certification (Continued)

CERTIFICATE OF NON-COLLUSION

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

Signature Date_______________________________

Print Name & Title Company Name

CERTIFICATE OF TAX COMPLIANCE

Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I

____________________________, authorized signatory for _____________________________ Name of individual Name of Contractor do hereby certify under the pains and penalties of perjury that said contractor has complied with all laws of the Commonwealth of Massachusetts relating to taxes, reporting of employees and contractors, and withholding and remitting child support.

Signature Date

LABOR HARMONY AND OSHA TRAINING REQUIREMENTS

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

Signature Date________________________________

Print Name & Title Company Name

Subcontractor's Certification

Prior to the award of any subcontract, regardless of tier, the prospective subcontractor must execute and submit to the General Contractor the following certification, which will be deemed a part of the resulting subcontract:

SUBCONTRACTOR'S CERTIFICATION

Name of the Subcontractor certifies that it:

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7. Will not discriminate in their employment practices;

8. Intends to use the following listed construction trades in the work under the contract:

and

9. Will make good faith efforts to comply with the minority employee and women employee workforce participation ratio goals and specific affirmative action steps contained herein; and

10. Is in compliance with all applicable federal and state laws, rules, and regulations governing fair labor and employment practices; and

11. Will provide the provisions of the “Supplemental Equal Employment Opportunity, Non-Discrimination and Affirmative Action Program” to each and every subcontractor employed on the Project and will incorporate the terms of this Section into all subcontracts and work orders entered into on the Project.

12. Agrees to comply with all provisions contained herein.

Signature of authorized representative of Subcontractor Date

Printed name of authorized representative of Subcontractor

General Conditions for Contract

1. Acceptance of Contract

The Lynnfield Water District hereinafter called the “Owner,” shall not be bound by this order until the Contractor executes and returns to Owner the acknowledgment copy of the order. The Contractor shall be bound by this order and its terms and conditions when it executes and returns the acknowledgment or when it delivers to Owner any of the items ordered, or renders for Owner any of the services ordered herein. No contract shall exist except as hereinabove provided.

2. Amendments

No agreement or understanding to modify this contract shall be binding upon the Owner unless in writing and signed by Owner’s authorized agent. All specifications, drawings, and data submitted to Contractor with this order are hereby incorporated herein and made a part hereof.

3. Changes

The Owner reserves the right at any time to make changes in any one or more of the following (a) Specifications, drawings, and data incorporated in this contract where the items to be furnished are to be specially manufactured for the Owner; (b) Methods of shipment or packing; (c) Place of delivery and (d) Time of delivery. If any such change causes an increase or decrease in the cost of or the time required for performance of this contract, an equitable adjustment shall be made in the contract price or delivery schedule, or both. Any claim by the Contractor for adjustment under this clause shall be deemed waived unless asserted in writing within ten days from receipt by Contractor of the change, and approved in writing by the Owner. Price increases or extensions of time for delivery shall not be binding on Owner unless evidenced by a Purchase Order Change Notice issued and signed by Owner.

4. Interpretation of Basic Estimate Quantities

All proposals will be compared on the estimate of quantities of work to be supplied and or/supplied and installed as shown in the Price Proposal Form. The Contractor agrees that these quantities are being set forth as a basis for the comparison of the proposals only and the parities also expressly agree that the actual amount of work may not correspond therewith. The Owner reserves the right to adjust said quantities in accordance with actual conditions as found to exist during the course of the work. An increase or decrease in the quantity for any item shall not be regarded as cause for an increase or decrease in the contract unit prices, nor time allowed for completion of the work, except as provided in the Contract.

5. Delivery

Time is of the essence in this contract, and if delivery of items or rendering of services is not completed by the time promised, the Owner reserves the right without liability, in addition to its other rights and remedies, to terminate this contract by notice effective when received by Contractor, as to stated items not yet shipped or services not yet rendered, and to purchase substitute items or services elsewhere and charge the Contractor with any loss incurred. Any provisions herein for delivery of articles or the rendering of services by installments shall not be construed as making the obligations of Contractor servable.

Shipments sent collect on delivery will not be allowed and will not be accepted by the Owner.

6. Inspection

Materials or equipment purchased hereunder are subject to inspection and approval at the Owner’s destination. Owner reserves the right to reject and refuse acceptance of items which are not in accordance with the instructions, specifications, drawings and data or Contractor’s warranty (express or implied). Owner will charge Contractor for the cost of inspecting merchandise rejected. Items not accepted will be returned to Contractor at Contractor’s expense. Payment for any article hereunder shall not be deemed an acceptance thereof.

7. Warranty

By accepting this order, Contractor hereby warrants that the items and services to be furnished hereunder will be in full conformity with Owner’s specifications, drawings and data, or Contractor’s samples and that items furnished hereunder will be fit for the use intended by Owner. Contractor agrees that this warranty shall survive acceptance of the items. The warranties noted herein shall be in addition to any warranties of additional scope given to Owner by Contractor (such as hardware warranties required in the Specification).

The Contractor shall guarantee that the Work and Services to be performed under the Contract, and all workmanship, materials and equipment performed, furnished, used or installed in the construction of the same shall be free from defects and flaws, and shall be performed and furnished in strict accordance with the contract documents, that the strength of all parts of all manufactured equipment shall be adequate and as specified and that the performance test requirements of the contract shall be fulfilled. This guarantee shall be for a period of one year from substantial completion as defined in this RFP document and shall be in addition to individual product warranties specified herein.

If at any time within the said period of guarantee any part of the Work requires repairing, correction or replacement, the Owner may notify the Contractor in writing to make the required repairs, corrections, or replacements. If the Contractor neglects to commence making such repairs, corrections, or replacements to the satisfaction of the Owner within seven days from the date of receipt of such notice, or having commenced fails to prosecute such Work with diligence, the Owner may employ other persons to make said repairs, corrections, or replacements, and charge the costs, including compensation for additional professional services, to the Contractor.

8. Property Furnished to Contractor by Owner

Unless otherwise agreed in writing, all property furnished to the Contractor by the Owner, or specifically paid for by the Owner, for use in the performance of this contract, shall be and remain the property of the Owner, shall be subject to be removed upon the Owner’s instruction, shall be used only in filling orders from the Owner, shall be held at the Contractor’s risk, and shall be kept insured by the Contractor at the Contractor’s expense while in its custody or control in an amount equal to the replacement cost thereof, with loss payable to the Owner. Copies of policies or certificates of such insurance will be furnished to Owner on demand.

9. Patents

The Contractor undertakes and agrees to defend at Contractor’s own expense, all suits, actions, or proceedings in which Owner, any of Owner’s distributors or dealers, or the users of any of Owner’s products are made defendants for actual or alleged infringement of any U.S. or foreign letters patent resulting from the use or sale of the items purchased hereunder (except infringement necessarily resulting from adherence to specifications or drawings, other than those of Contractor’s design or selection, originally submitted to Contractor by Owner) and further agrees to pay and discharge any and all judgment or decrees which may be rendered in any such suit, action, or proceedings against such defendants therein.

10. Price

The Owner shall not be billed at prices higher than stated in the Price Proposal unless authorized by a Contract Amendment issued and signed by Owner. The Contractor represents that the price charged for the items or services covered by this order complies with applicable government regulations in effect at time of quotation, sale, or delivery. The Contractor agrees that any price reduction made in merchandise covered by this order subsequent to the placement of this order will be applicable to this order.

11. New Equipment and Technology

If at any time new equipment or new technology is released to replace or upgrade equipment presented in the proposal of the successful proposer during the duration of this contract, the Contractor shall notify the Owner. Written notification shall include pricing for the new equipment along with functional description of new equipment. The pricing shall meet the requirements of Item 10 in General Conditions. The Owner shall have the option to purchase the new equipment or new technology.

12. Discontinuation of Equipment

If at any time during the duration of this Agreement and the warranty period of the equipment, the equipment is discontinued, the Contractor shall notify the Owner immediately. The Contractor shall also inform the Owner of what equipment will replace the discontinued equipment. The pricing of the replacement equipment shall meet the requirements of Item 10 in the General Conditions.

13. Measurement and Payment

A. For unit priced items, the Contractor shall be paid in accordance with the actual quantity of each specific item that the Contractor has supplied, less any applicable monies retained. No additional compensation shall be paid to the Contractor for items not supplied.

B. Proposed water meters shall be paid under their respective line item in the Price

Proposal From under “Supply of Water Meters, Registers and RF Modules”, furnished, per unit.

C. The price for power/battery chargers, cables, signal receivers, laptop computer, and other communication equipment/appurtenances necessary for a fully functional system for meter reading and data transfer with the portable, drive-by system shall be included in the lump sum price under line item 2.01 in the Price Proposal Form for the mobile collector drive-by meter reading unit.

D. Costs associated with user licenses for hardware, software, and RF network fees shall be included in the lump sum price under line item 2.02 in the Price Proposal Form.

E. The price to furnish all required staff and installer training on the AMR system and software shall be included in the lump sum price under line item 2.03 in the Price Proposal Form.

F. All costs associated with implementation, billing system integration, and testing of the system shall be included in the lump sum price under line item 3.01 in the Price Proposal Form.

G. Any item not specifically called out in this section but is required for a compete and functional AMR system is considered incidental to the project..

H. Each month, the Contractor’s authorized representative shall meet with the Owner’s representative to determine the amount of materials supplied. When requesting payment for lump sum items contained within the price proposal, the Contractor shall be paid as a % complete as agreed upon between Contractor, Engineer, and Owner

I. Once each month the Contractor shall prepare and sign an Application for Payment and submit a digital copy for review and signature of the Owner’s representative. These completed forms will provide the basis upon which payment will be made to the Contractor. The forms shall include backup information, including, but not limited to, packing slips signed by Owner personnel and product serial numbers.

J. No payment of any Application for Payment or of any retained percentage shall relieve the Contractor of its obligation to repair or replace any defective parts of the materials.

The Contractor’s obligation is explained in these General Conditions and the Specifications section of this Request for Proposals.

K. Materials and equipment, when so paid for by the Owner, shall become the property of the Owner, and in the event of default on the part of the Contractor, the Owner may use, or cause to be used, these materials and equipment in a manner determined by the Owner.

L. The Owner will retain five percent (5%) of payments from the Application for Payment until the project has been deemed Substantially Complete. Release of retainage on items other than meters and RF modules may be requested upon satisfactory completion of System Testing and Acceptance requirements.

M. Proposal prices shall encompass everything necessary for furnishing the item(s) specified in, and in accordance with the specifications, including proper packing, the cost of delivery, and travel expenses.

N. The Proposer shall furnish, at no additional cost to the Owner, materials that are considered necessary to complete this work, as determined by the Engineer, but may not be specifically stated in the Specifications. The intent of these specifications is to produce a complete project.

O. The Proposer may submit breakdown of project lump sums to serve as basis for partial payments commensurate with portion goods and services delivered. Lump sum breakdown shall be subject to review and approval by the Owner and should represent equitable consideration for portions of systems furnished and configured.

P. The Owner reserves the right to increase or decrease the quantity of any items during the work and this right shall not constitute any grounds for claims of any damages on the part of the Proposer.

14. Compliance with Laws

In accepting this order Contractor represents that it has and will continue during the performance of this order to comply with the provisions of all federal, state, and local laws and regulations from which liability may accrue to Owner from any violation thereof. By acceptance hereof, Contractor certifies compliance with the “Fair Labor Standards Act” of 1938, as amended, in the performance of this order.

15. Non-Discrimination

By acceptance hereof, Contractor certifies that during the performance of this order, it will not discriminate on grounds of race, color, religious creed, national origin, age, or sex in employment practices in the selection or retention of subcontractors, if any, or in the procurement of materials and supply of equipment.

16. Interpretation of Contract

This contract shall be construed according to the laws of the Commonwealth of Massachusetts.

17. Liquidated Damages

If the Contractor shall neglect, fail or refuse to complete the work within the time specified in the Agreement, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree, as a part consideration for the awarding of this Contract, to pay to the Owner the amount specified in the Contract, not as a penalty but as liquidated damages for such breach of contract as hereinafter set forth, for each and every calendar day that the Contract shall be in default after the time stipulated in the Contract for completing the work.

Such damages may be retained from time to time by the Owner from progress payments or any amounts owing to the Contractor, or otherwise collected.

The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would in such event sustain, and said amount is agreed to be the amount of damages which the Owner would sustain and said amount shall be retained from time to time by the Owner from current periodical estimates.

It is further agreed that time is of the essence of each and every portion of this Contract and of the specifications wherein as definite and certain length of times if fixed for the performance of any act whatsoever; and where under the Contract an additional time is allowed for the completion of any work, the new time limit fixed by such extension shall be of the essence of this Contract. Provided that the Contractor shall not be charged with liquidated damages of any excess cost when the Owner determines that the Contractor is without fault and the Contractor’s reasons for the time extension are acceptable to the Owner.

Provided, further, that the Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due:

A. to any preference, priority, or allocation order duly issued by the Government;

B. to unforeseeable cause beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God, or of the public enemy, acts of the Owner, acts of another Contractor in the performance of a contract with the Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and severe weather; and

C. to any delays of subcontractors or suppliers occasioned by any of the causes specified in subsections (1) and (2) above;

Provided, further, that the Contractor shall, within ten days from the beginning of such delay, unless the Owner shall grant a further period of time prior to the date of final settlement of the Contract, notify the Owner, in writing, of the causes of the delay, who shall ascertain the facts and extent of the delay and notify the Contractor within a reasonable time of its decision in the matter.

It is further agreed that the Contractor hereby agrees to commence work under this Contract on or before the date written in the Agreement. Delivery of meters, registers, and RF modules shall be within 60 calendar days from the date of receipt of individual purchase orders. Delivery of products and services other than meters, registers and RF modules shall be within 90 calendar days from the date of receipt of individual purchase orders and/or Owner requests. The Contractor further agrees to pay as liquidated damages the sum of $500 for each consecutive calendar day thereafter during which the material has not been delivered.

18. Payment Bond

The Contractor shall furnish a payment bond as security for the payment to all persons, firms, subcontractors, and corporations furnishing materials, equipment, or performing labor/services in the prosecution of the work. Payment Bond shall be furnished in an amount at least equal to one hundred percent (100%) of the total contract price.

The bond shall remain in effect at least one year after satisfactory completion of System Testing & Acceptance Criteria. The Contractor shall pay the premium for the bond. The bonds shall be in the form prescribed by the Owner. An example payment bond is included in this RFP for informational purposes.

19. Insurance

The successful proposer shall maintain during the life of the contract, pursuant to the RFP, the following insurance coverage for not less than the following amounts or greater where required by law. The successful proposer shall also take out and maintain for the term of the contract all coverages required by the statute or regulation. The Lynnfield Water District shall be named as an additional insured.

General Liability Bodily Injury Liability: $1,000,000 each occurrence Property Damage Liability $1,000,000 each occurrence Combined Single Limit $3,000,000 annual aggregate

Automobile Liability Bodily Injury Liability: $1,000,000 each accident Property Damage Liability $1,000,000 each accident

Workers’ Compensation Insurance Workers’ Compensation: $ 100,000 Employers’ Liability $ 500,000 each accident $ 500,000 disease per employee

Umbrella Liability $2,000,000 each occurrence $2,000,000 general aggregate

All policies shall provide the Owner fifteen (15) days’ notice of cancellation, non-renewal, or material change. Certificates are to evidence notice and certificate wording to the effect that carries will “endeavor to” provide notice and failure to provide notice “shall not impose liability or obligation” are not acceptable. Said policies shall be written that the Owner will be notified of cancellation at least fifteen (15) days prior to the effective date of such cancellation. Certificates in triplicate from the insurance carrier stating the limits of the liability and expiration date shall be filed with the Lynnfield Water District before operations are begun. Such certificates shall contain a statement referring specifically to this contract to the effect that all insurance coverages herein required has been provided;

except that in the case of compensation insurance, certificates must be filed before an award can be made. Signatures on all Certificates and/or Insurance Forms must be original signatures. Attention of Proposers is called to the requirements of the Massachusetts General Laws, Chapter 149, Section 34A, relation to proof of compliance regarding certain insurance before a contract may be awarded.

20. Conflict of Interest

The successful proposer agrees that, to the extent that such law is applicable to the duties it is to perform hereunder, it will comply with the provisions of Chapter 268A of the General Laws concerning conflict of interest. The successful proposer covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance under the agreement.

No employee of the municipality and no public official who exercises any function or responsibilities in the review or approval of the undertaking or carrying out of this agreement shall:

A. Participate in any decision relating to this agreement which affects its personal interest or the interest of any corporation, partnership, or association in which he is, directly or indirectly interested; or

B. Have any financial interest, direct or indirect in this agreement or the proceeds thereof.

21. Rules and Regulations

The proposer’s attention is directed to the fact that all applicable Federal, State, and Local Laws, and the rules and regulations of all authorities having jurisdiction over performance of the contract shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written out in full.

This Project is subject to the Safety and Health Regulations of the U.S. Department of Labor set forth in Title 29 CFR, Part 1926 and to all subsequent amendments, and to the Massachusetts Department of Labor and Industries, Division of Industrial Safety ‘Rules and Regulations for the Prevention of Accidents in Construction Operations’ (Chapter 454 CMR 10.00 et seq.). Proposers shall be familiar with the requirements of these regulations.

22. Substantial Completion

When the Contractor determines that the Work is suitable for its intended use, the Contractor shall notify the Owner in writing and request issuance of a Certificate of Substantial Completion. The notice shall include a proposed list of items that remain to be completed or corrected (the “punch list”).

Within ten business days after receiving the request, the Owner and Contractor shall jointly inspect the Work to determine its status.

If the Owner determines that the Work is not Substantially Complete, the Owner shall notify the Contractor in writing within ten business days and state the reasons. The Contractor shall promptly complete the remaining Work and may resubmit a request.

If the Owner determines that the Work is Substantially Complete, the Owner shall issue a Certificate of Substantial Completion…