2026 Roads Ph 2- Bid Set.pdf

Town of Tyngsborough Engineering Division 2026 Road Improvements Project Ph 2 Contract No. 2026-DPW-003

TOWN OF TYNGSBOROUGH

MASSACHUSETTS

CONTRACT DOCUMENTS

FOR

2026 ROAD IMPROVEMENTS PROJECT PHASE 2

CONTRACT NO. 2026-DPW-003

Bid Open: August 12, 2026

Town of Tyngsborough Office of the Town Manager

Town Hall 25 Bryants Lane

Tyngsborough, MA 01879 978-649-2320

Questions: jzwicker@tyngsboroughma.gov mailto:jzwicker@tyngsboroughma.gov

2026 Road Improvements Project Ph 2 Contract No. 2026-DPW-003 i

TABLE OF CONTENTS

No. of Section Pages

BIDDING AND CONTRACT REQUIREMENTS

00020 Invitation to Bid 00100 Instructions to Bidders 00300 Bid Form 00500 Agreement 00610 Performance Bond 00615 Payment Bond 00620 Contractors Application for Payment 00625 Certificate of Substantial Completion 00626 Certificate of Final Completion 00700 General Conditions 00800 Supplementary Conditions 00810 State Government Provisions, Prevailing Wages 00811 Monthly Price Adjustment for Hot Mix Asphalt (HMA) Mixtures 00812 Monthly Price Adjustment for Diesel Fuel and Gasoline 00813 Price Adjustment for Structural Steel and Reinforcing Steel 00814 Price Adjustment for Portland Cement Concrete Mixes

SPECIAL PROVISIONS

Work Checklist

DRAWINGS (Under Separate Cover)

00020-1

TOWN OF TYNGSBOROUGH - ENGINEERING DEPARTMENT

CONTRACT 2026-DPW-003- 2026 ROADS IMPROVEMENTS PROJECT PHASE 2

SECTION 00020- INVITATION TO BID

Sealed Bids for construction of the CONTRACT 2026-DPW-003, “2026 ROAD IMPROVEMENTS PROJECT Ph 2” shall be received by the Office of the Town Manager, 25 Bryant Lane, Tyngsborough, Massachusetts 01879, until the time specified below at which time the bids will be publicly opened and read:

BID OPENING: Date/time: August 12, 2026 at 10:00AM Location: 25 Bryants Lane

The work under this contract shall consist of: full-depth reclamation of existing pavement, furnishing and installing of new bituminous concrete pavement, install sidewalks, install bit berm, minor drainage improvements, and all other appurtenant work.

Contract Documents are available for examination on or after July 22, 2026 as a Portable Document Format (PDF) file free of charge, or obtained as a hard copy at the above location upon a non-refundable payment of $20.00 per set.

Cash or checks payable to the Town of Tyngsborough will be accepted. There will be no pre-bid meeting.

MassDOT prequalification of contractors with the class of work as, Highway - Construction for the project with an estimated value of $1,288,479.54 will be required. An award will not be made to a Contractor who is not pre-qualified by the Department prior to the opening of Proposals.

Bids must be enclosed in a sealed envelope bearing the name and address of the Bidder and addressed to the Town Administrator. Bids must be submitted to the Office of the Town Manager between the hours of 8:30 A.M. and 4:30 P.M., Monday through Thursday excluding holidays. All Bids must be submitted on the form in the Contract Documents and clearly marked: “CONTRACT 2026-DPW-003, 2026 ROAD

IMPROVEMENTS PROJECT PHASE 2”.

Each Bid shall be submitted in accordance with the Instructions to Bidders and be accompanied by a Bid Security in the designated form in the amount of 5% of the Bid Price. No bidder will be considered if they are indebted to the Town of Tyngsborough, Massachusetts, for any unresolved issues regarding unpaid invoices issued by the Town of Tyngsborough, or any services and materials owed to the Town of Tyngsborough.

Complete instructions for filing Bids are included in the Instructions to Bidders (Specification Section 00100).

The bidding and award of this contract will be under provisions of M.G.L. Chapter 30, Section 39M. The Town of Tyngsborough reserves the right to reject any and all Bids or parts thereof, to waive any irregularity in the Bids received, and to accept the Bid or parts thereof deemed to be most favorable to the best interest of the Town.

Attention is directed to the minimum wage rates to be paid as determined by the Town Manager, or their designee of Labor and Workforce Development and the weekly payroll record submittal requirements under the provisions of Massachusetts General Law, Chapter 149, Section 26 through 27D inclusive.

The successful bidder must furnish a 100% Performance Bond and a 100% Payment Bond in the contract sum with a corporate surety approved by the Owner (Town of Tyngsborough)

Town of Tyngsborough

Colin F. Loiselle, Town Manager

00100-1

SECTION 00100

INSTRUCTIONS FOR BIDDERS

PART I. GENERAL

1.01. REQUIREMENTS FOR SUBMITTING BIDS

A. Bids which are mailed or delivered should be addressed to Mr. Colin Loiselle, Town Manager, 25 Bryant Lane, Tyngsborough, MA 01879.

B. Bids shall be placed in sealed envelopes that are marked appropriately on the outside with the name and address of the bidder, the title of the bid and the scheduled date for the opening of bids. No responsibility will be attached to the Town staff for the premature opening of bids that is not properly identified. After the terminal time, bids become the property of the Town.

C. Regardless of the cause of delay, no bids which are received by the Town after the terminal time recorded herein shall be given any consideration. The bidder is responsible for filing the bid before the terminal time. If at the time of the scheduled bid opening, Town Hall is closed due to uncontrolled events such as fire, snow, ice, wind, or building evacuation, the bid opening will be postponed until 2:00 PM on the next normal business day. Bids will be accepted until that date and time.

D. Telegraphic bids will not be considered. No modification of any bid will be considered unless received by the Town prior to the time established for the opening of bids.

E. Any bid may be withdrawn on written request dispatched by a bidder in time for delivery in the normal course of business prior to the hour established for the opening of bids.

1.02. BID FORMS

A. All bids must be presented upon the blank proposal form included in the Contract

Documents, shall state the proposed price for the work, both in words and in figures, and shall be signed by the bidder with his business address and place of residence.

B. Bidders must not remove the bid pages from the volume of contract documents, but shall submit their bid bound with the complete volume of documents (excluding drawings and special provisions) including all addenda.

C. Signatures:

1. If a bid is submitted by an individual, the full name and post office address of this person shall be designated.

2. If a bid is submitted by a firm or partnership it shall be signed by a person having the legal authority to execute such a document on behalf of the bidder. The person signing the Bid Form shall then indicate his or her title or position in addition to the full name and address of the firm or partnership.

00100-2

3. If a bid is submitted by a corporation it shall state the name and title of the official or officials of the corporation by whom the contract can be legally signed, and be accompanied by a copy of the corporate vote granting said authority, certified by the clerk of said corporation.

D. The bid price shall represent full compensation for all equipment, materials, services and delivery associated with the work. The bid price or prices shall be written both in numbers and words.

1.03. ACCEPTANCE OR REJECTION OF BIDS

A. The Town of Tyngsborough, (the “Town”) reserves the right to reject any or all bids and to accept any bid in whole or in part which it considers to serve the best interest of the Town or to waive any informality on bids received. The Town of Tyngsborough also reserves the right to omit any item or items which he deems advisable.

B. Any bid which is not according to the prescribed form, not properly signed, or otherwise contrary to instruction may be rejected by the Town. More than one bid from the same bidder whether or not the same or different names appear on the signature page, shall not be considered. Reasonable proof for believing any bidder is interested in more than one bid shall cause the rejection of said bids made by such bidder directly or indirectly. Any or all bids shall be rejected if there is reason for believing that collusion exists among the bidders.

C. A conditional or qualified bid will not be accepted. The Town of Tyngsborough reserves the right to reject unbalanced bids.

1.04. INFORMAL BIDS

A. The Town of Tyngsborough may reject as informal, bids which contain erasures not properly initialed, improperly executed, or incomplete bid documents. The Town of Tyngsborough reserves the right to waive any informality.

1.05. BIDDER RESPONSIBILITIES AND QUALIFICATION

A. Bidders must examine each of the Contract Documents that form the Contract, and become thoroughly familiar with the Contract Documents. The Contract Documents shall in no way relieve any bidder from any obligation in respect to his bid.

B. Should a bidder find discrepancies in and/or omissions from the Contract Documents, or should he/she be in doubt as to their meaning, he/she should at once notify the Engineer, who shall send a written instruction for clarification to all prospective bidders.

C. The successful bidder shall be responsible to the preparation and filing of any reports required by the local by-laws, contracts, and laws of the Commonwealth and Federal Government.

D. The bidder has not been cited by any city, town, the Commonwealth of Massachusetts or

Federal Agency during the past three (3) years for violations related to occupational safety and/or environmental pollution regulations and/or laws. If a bidder has been cited for any violation, bidder must disclose in bid the nature of the violations which will be used to determine whether the bidder is responsible.

00100-3

E. The Town may take such investigations as he deems necessary to determine the ability of the bidder to perform the work. The low bidder will be required to submit five references prior to award of the contract.

F. The bidders shall meet all of the following requirements:

(1) They shall not have defaulted on any contract within three years prior to the bid date.

(2) They shall have maintained a permanent place of business over 2 years.

(3) They shall have adequate personnel and equipment to perform the work expeditiously.

(4) They shall have suitable financial status to meet obligations incident to the work.

(5) They shall be registered with the Secretary of State to do business in Massachusetts.

(6) They shall not have failed to perform satisfactorily on contracts of similar nature.

(7) They shall not have failed to complete previous contracts on time.

(8) No bidder will be considered if they or their subcontractors are indebted to the Town of Tyngsborough, Massachusetts for any unresolved issues regarding unpaid invoices issued by the Town of Tyngsborough or any services and materials owed to the Town of Tyngsborough.

G. As a part of Bid proposal the bidders shall submit of the following:

(1) A list of subcontractors and the work to be subcontracted to complete the Contract.

(2) A list of equipment proposed to complete the work.

(3) Bidders must submit a complete list of all jobs performed in the past two years that are similar in size and scope to this project, with contact names and telephone numbers.

H. No less than the minimum wage rates and health and welfare and pension fund contributions, as determined by the Commissioner of Labor & Industries under the provisions of the Massachusetts General Laws, Chapter 149, Sections 26 to 27D inclusive as amended, shall be paid each laborer or mechanic of the Contractor, or any subcontractor, engaged in work occupations as listed in the Minimum Wage Rate Schedule.

1.06. INTERPRETATION AND ADDENDA

A. Addenda may be required during the bidding period to modify, clarify, or interpret the

Specifications and Contract Documents. It is intended, but not guaranteed, that such Addenda shall be mailed by the Awarding Authority to all persons or parties to whom Bid and Contract Documents have been issued (Bidders of Record). Failure to receive such Addenda shall in no way relieve any bidder from the execution of its provisions. All bidders are cautioned to verify the number of Addenda that have been issued and to secure any needed copies from the Town Administrator, his designee before submitting a bid.

B. No interpretation of the meaning of the plans, specifications or other pre-bid documents will be made to any bidder orally. All information given to bidders other than by means of the plans, specification, or by Addenda, as described below, is given informally and shall not be used as the basis of a claim against the Town.

C. Every request for such interpretation should be in writing addressed to Colin Loiselle at cloiselle@tyngsbroughma.gov and to be given consideration must be received at least seven

(7) days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written Addenda to the specifications which, when issued, will be mailed by certified mail with return receipt requested to all prospective bidders (at the respective addresses furnished by them for such purposes), or sent mailto:cloiselle@tyngsbroughma.gov

00100-4 via facsimile or email if time requires. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted.

All addenda so issued shall become part of the Contract Documents.

1.07. BIDDING ON SPECIFICATIONS

A. Each bidder shall bid on identical specifications and variations shall not be allowed without the written consent of the Town.

1.08. SUBLETTING OF AWARD

A. No subletting of the Award, nor assignment of moneys due or to become due, shall be made without written consent of the Town.

B. Subcontractors cannot be substituted without written consent of the Town.

1.09. BREACH OF CONTRACT

A. Where the successful bidder fails to provide the material and services as specified, the Town reserves the right to terminate the contract and enter into other agreements to complete the contract, and the Town shall nevertheless have the right to recover damages for breach of contract by suit on the contract.

1.10. CONTRACT COMMENCEMENT, DURATION AND TIME OF COMPLETION

A. The date of commencement of work and duration of the project are set forth in the Agreement. Unless otherwise agreed between the Town and the contractor, the work shall begin within ten (10) days after effective date of the Notice to Proceed. Duration of Contract and liquidated damages are determined in the Bid Form (Section 00300).

1.11. TAXES

A. Each bidder shall submit a certificate of taxes, which is attached to the bid.

B. The Town is an exempt purchaser under the Sales Act, Chapter 14 of the Acts of 1966;

Massachusetts Tax Exempt Number is E-046-001-328.

C. The bidder shall study all tax laws for the jurisdiction in which the work is done, particularly so-called “Sales and Use Taxes” for which he may be liable as a consumer or user of goods.

The bid shall be made in accordance with such laws and shall include such taxes in the bid amount. The bidder shall also obtain, where applicable, sales and use tax exemption.

1.12. HOLD HARMLESS CLAUSE

A. The successful bidder shall indemnify, hold harmless and defend the Town, its agents, employees, officers and volunteers from and against any and all liabilities, claims, penalties, fines, forfeitures, suits, administrative proceedings and the costs and expenses incident thereto (including costs of defense, settlement and reasonable attorney’s fees) which may be alleged against the Town, or which the Town may incur, become responsible for, or pay out as a result of death or bodily injury to any person, destruction to property, contamination of or adverse effects on the environment, or any violation or alleged violation of governmental

00100-5 laws, regulations or orders caused by or resulting from the negligent acts or omission by the successful bidders or of any employee or agent of the successful bidder or from the failure or inadequacy of the equipment.

1.13. CERTIFICATE OF NON COLLUSION

A. Each bidder shall submit a certificate of non-collusion which is attached with the bid.

1.14. BID SECURITY

A. Each bid must be accompanied by a bid deposit in the form of a bid bond, or a certified check, issued by either a surety or a bank duly authorized to do business in the State of Massachusetts and made payable to the order of the Town of Tyngsborough. Attorneys who sign bid bonds (or payment or performance bonds) must file with each bond a certified and effective dated copy of their power of attorney.

B. The amount of the deposit shall be in an amount of not less than five percent (5%) of the bid.

C. The deposit shall be enclosed in a sealed envelope containing the Proposal.

D. Each bid deposit may be held by the Town as security for fulfillment of the bidder’s promises, set forth in his bid, that he will not withdraw his bid while it is being considered and will execute the Contract Agreement and furnish the required bonds and insurance certificates if his bid is accepted. Should the bidder fail to fulfill such promises, his bid deposit shall become the property of or be payable to the Town of Tyngsborough as payment for damages.

E. Unless it shall become the property of or be payable to the Town of Tyngsborough, said deposit shall be returned to the bidder as hereinafter provided. Deposits or bid bonds will be returned to all except the three lowest bidders within fifteen (15) days (Sundays and legal holidays excluded) after the formal opening of bids and to the three (3) lowest bidders within

(5) days (Sundays and legal holidays excluded) after the Town of Tyngsborough and the accepted bidder have executed the Contract Agreement. In the event that the Contract Agreement has not been executed by both the accepted bidder and the Town of Tyngsborough within sixty (60) days, excluding Saturdays, Sundays and legal holidays, after the opening of the bids, bid security will be returned promptly upon demand of any bidder who has not been notified of the acceptance of his bid.

F. None of the three (3) lowest bids shall be deemed rejected, not-withstanding acceptance of one of the bids, until the Contract Agreement has been executed by both the Town of Tyngsborough and the Accepted bidder.

1.15. BONDS

A. A Performance Bond and a Labor and Materials Payment Bond in the forms which are inserted after the Contract Agreement and each in the sum as herein specified and duly executed by the successful bidder as Principal and by a surety company qualified to do business under the laws of the State of Massachusetts and satisfactory to the Town of Tyngsborough, as Surety, will be required for the faithful performance of the Contract, including maintenance of the work, and the payment for the labor and materials.

00100-6

Performance Bond Full amount of the Contract Labor and Material Payment Bond Full amount of the Contract

B. Performance and Labor and Material Payment Bonds must be furnished simultaneously with the delivery of the executed Contract by the successful bidder.

1.16. EXECUTION OF CONTRACT

A. The bidder to whom the Contract is awarded will be required to execute the Contract Agreement and furnish the required Bonds within Five (5) days (Sundays and legal holidays excluded) after receipt of notification that the Contract Agreement is ready for signature.

1.17. INSURANCE CERTIFICATES

A. The Contractor will not be permitted to start any construction work under this Contract until he has submitted certificates covering all insurance called for under SECTION 00800 - SUPPLEMENTAL GENERAL CONDITIONS and has obtained approval in writing of these certificates from the Engineer. The Town of Tyngsborough will be named additional insured on the certificate.

1.18. BID ITEM BREAKDOWN

A. At least ten (10) days prior to the preparation of the first estimate for payment, the Contractor shall provide a complete breakdown of the cost of his work for each lump sum bid item. The breakdown shall be prepared in such a manner that it may be used as a basis for estimating the value of the work completed to the end of any month. The extent and basis of the breakdown shall be subject to the approval of the Engineer.

1.19. WITHDRAWAL OF BIDS

A. The attention of bidders is directed to the fact that, in submitting his bid, the bidder agrees that he will not withdraw it within sixty (60) days, excluding Saturdays, Sundays and legal holidays, after the actual date of the opening of bids.

B. Upon proper request and identification, bids may be withdrawn as follows:

(1) At any time prior to the designated time for the opening of bids.

(2) Provided the bid has not been accepted by the Town of Tyngsborough, at any time subsequent to the expiration of the period during which the bidder has agreed not to withdraw his bid.

C. Unless a bid is formally withdrawn, it shall be deemed open for acceptance until the Contract Agreement has been executed by all parties thereto or until the Town of Tyngsborough manifests that he does not intend to accept the bid. Notice of acceptance of a bid shall not constitute rejection of any other bid.

1.20. BASIS OF AWARD

A. The Contract will be awarded to the lowest responsible bidder. The Town of Tyngsborough will require satisfactory proof that the low bidder is responsible and able to prosecute the work successfully in the time named. The Owner’s decision on these matters shall be final.

00100-7

1.21. AWARD OF CONTRACT

A. The awarding of the contract shall be contingent on the availability of an appropriation of funding.

1.22. MANUFACTURER’S EXPERIENCE

A. Wherever it may be written that an equipment manufacturer must have a specified period of experience with his product, equipment which does not meet the specified experience period can be considered if the equipment supplier or manufacturer is willing to provide a bond or cash deposit for the duration of the specified time period which will guarantee replacement of that equipment in the event of failure.

1.23. ALTERNATES

A. Where an alternate item of work is indicated in the Bid, bidders shall submit a price for the alternate. The Town of Tyngsborough reserves the right to select the alternate if deemed to be in the best interest of the Town.

1.24. PRICE ADJUSTMENTS

A. This Contract contains price adjustments for hot mix asphalt cement mixtures, diesel fuel, and gasoline. For this project the base prices are as follows: Liquid Asphalt $712.50 per ton, diesel fuel $4.497 per gallon, portland cement $452.13 per ton and gasoline $3.752 per gallon. MassDOT posts the Price Adjustments on their Highway Division’s website at;

http://www.massdot.state.ma.us/Highway/ under the following link sequences:

Doing Business With Us Construction Price Adjustments

END OF SECTION

http://www.massdot.state.ma.us/Highway/

00300-1

SECTION 00300

BID FORM

PART I. GENERAL

1.01. SCHEDULE OF BID ITEMS

A. The following Schedule of Bid Items shall be completed in ink or typewritten. All item prices must be entered in both words and figures and extended by the Bidder. In case there is a discrepancy between the item prices shown in words and figures, the amount shown in words shall govern. In case there is a discrepancy between the total bid price and the correct extension and the sum of the amounts for each bid item, the latter will govern.

B. Where the Schedule of Items consists of more than one (1) item, the total bid price for the

Contract, calculated as above and entered at the end of the schedule, is not a part of the Bid, but is to be used solely for the comparison of bids to determine the apparent low bidder.

C. Failure to submit a formal Bid in accordance with the requirements of the Section 00100

INSTRUCTIONS FOR BIDDERS will be considered sufficient grounds for rejection of the entire Bid Proposal.

D. Bidders must fill in a price for all items in the bid.

E. ALL QUANTITIES IN THE BID FORM ARE ESTIMATED FOR COMPARISON OF

BIDS.

00300-2

1.02 DEFINITIONS OF TERMS AND ABBREVIATIONS USED IN THE BID

A. Where any of the following abbreviations are used in the Bid, they shall have the meaning set forth opposite each.

Alt. Alternate AC Asbestos-Cement CIP Cast Iron Pipe CMP Corrugated Metal Pipe CF Cubic Foot CY Cubic Yard DI Ductile Iron Pipe Dia. Diameter EA Each FA Fees Allowance HDPE High Density Polyethylene lbs. Pounds LF Linear Feet LS Lump Sum Min. Minimum

MH Man-hour N/A Not Applicable PE Polyethylene psi Pounds per Square inch PVC Polyvinylchloride R.C. Reinforced Concrete RCP Reinforced Concrete Pipe R.O.W. Right of Way SDR Standard Dimensional Ratio S.F. Square Foot S.Y. Square Yard V.C. Vitrified Clay L.V.F. Linear Vertical Feet w/ with

00300-3

CONTRACT No. 2026-DPW-003 “2026 ROAD IMPROVEMENTS PROJECT PH 2”

The undersigned declares that the only persons or parties interested in this Bid as principals are as stated;

that the Bid is made without any collusion with other persons, firms, or corporations; that all the Contract #2026-DPW-003 documents have been carefully examined; that the undersigned is fully informed in regard to all conditions pertaining to the Work and the place where it is to be done, and from them the undersigned makes this Bid. These prices shall cover all expenses incurred in performing the Work required under the Contract Documents, of which this Bid Form is a part.

Bids for this Contract are subject to the provisions of M.G.L. Chapter 30, Section 39M.

If a Notice of Award accompanied by at least three unsigned copies of the Agreement and all other applicable Contract Documents is delivered to the undersigned within sixty days, excluding Saturdays, Sundays, and legal holidays after the actual date of the opening of the Bids, the undersigned will within five days, excluding Saturdays, Sundays, and legal holidays, after the date of receipt of such notification, execute and return all copies of the Agreement and all other applicable Contract Documents to OWNER.

The premiums for all Bonds required shall be paid by CONTRACTOR and shall be included in the Contract Price. The undersigned Bidder further agrees that the Bid Security accompanying this Bid shall become the property of OWNER if the Bidder fails to execute the Agreement as stated above.

Accompanying this Bid in a separate attached envelope is a certified bid bond or check, for 5% of the bid, payable to the Town of Tyngsborough to secure said Town against the failure of the undersigned to execute the Contract and furnished satisfactory bonds under the Conditions and within the time specified in this Bid.

The undersigned hereby agrees that the Contract Time shall commence ten days following the Effective Date of the Notice to Proceed and to fully complete the Work within Two-hundred eighty (280) Calendar Days following the Effective Date of Notice to Proceed, in accordance with the terms as stated in the Agreement. The undersigned further agrees to pay the Town, as liquidated damages, $500.00 per day for each calendar day beyond the Contract Time Limit or extension thereof that the Work remains incomplete, in accordance with the terms of the Agreement.

The undersigned acknowledges receipt of addenda numbered:

Within five (5) days from the date of the “Notice of Award” (excluding Saturdays, Sundays and legal holidays), the Contractor has to execute the Contract and to furnish the Town a satisfactory Performance Bond and Labor and Material Payment Bond as set forth in Specification Section 00100 “INSTRUCTIONS

FOR BIDDERS”.

00300-4

CONTRACT No. 2026-DPW-003, BID FORM

2026 ROAD IMPROVEMENTS PROJECT PH 2

ITEM

NO. QUANTITY UNIT ITEM DESCRIPTION WITH UNIT BID PRICE WRITTEN IN WORDS UNIT PRICE AMOUNT

102.3 50 FT CLEARING AND TRIMMING

AT ____________________________________________

per foot

102.51 5 EA INDIVIDUAL TREE PROTECTION

AT ____________________________________________

per each

120.1 10 CY UNCLASSIFIED EXCAVATION

AT ____________________________________________

per cubic yard

129 10850 SY PAVEMENT MILLING

AT ____________________________________________

per square yard

141.1 10 CY TEST PIT FOR EXPLORATION

AT ____________________________________________

per cubic yard

144 25 CY CLASS B ROCK EXCAVATION

AT ____________________________________________

per cubic yard

151. 20 CY GRAVEL BORROW

AT ____________________________________________

per cubic yard

156 20 TON CRUSHED STONE

AT ____________________________________________

per ton

187.3 10 CY REMOVAL AND DISPOSAL OF DRAIN STRUCTURE SEDIMENTS

AT ____________________________________________

per cubic yard

220 118 EA DRAINAGE STRUCTURE ADJUSTED

AT ____________________________________________

per each

220.2 15 VLF DRAINAGE STRUCTURE REBUILT

AT ____________________________________________

per vertical foot

222.3 10 EA DRAINAGE FRAME AND GRATE (OR COVER) MUNICIPAL STD.

AT ____________________________________________

per each

00300-5

384 30 EA GATE BOX ADJUSTED

AT ____________________________________________

per each

403 11645 SY RECLAIMED PAVEMENT FOR BASE COURSE AND/OR SUBBASE

AT ____________________________________________

per square yard

440. 100 LB CALCIUM CHLORIDE FOR ROADWAY DUST CONTROL

AT ____________________________________________

per pound

443. 10 MGL WATER FOR ROADWAY DUST CONTROL

AT ____________________________________________

per million gallon

460. 3686 TON HOT MIX ASPHALT

AT ____________________________________________

per ton

464 1344 GAL BITUMEN FOR TACK COAT

AT ____________________________________________

per gallon

472 60 TON HOT MIX ASPHALT FOR MISCELLANEOUS WORK

AT ____________________________________________

per ton

583 6600 FT GRANITE EDGING REMOVED AND RESET

AT ____________________________________________

per foot

697.1 54 EA SILT SACK

AT ____________________________________________

per each

701 31 SY CEMENT CONCRETE CURB RAMP WITH TACTILE PANEL

AT ____________________________________________

per square yard

702 170 SY HOT MIX ASPHALT WALK SURFACE

AT ____________________________________________

per square yard

703 330 SY HOT MIX ASPHALT DRIVEWAY

AT ____________________________________________

per square yard

751.2 2500 SY LOAM BORROW AND SEEDING

AT ____________________________________________

per square yard

999.001 1 LS POLICE DETAIL ALLOWANCE $25,000.00 $25,000.00

AT Twenty-five thousand dollars per lump sum

00300-6

TOTAL BASE BID:

Price written in: Words (Dollars and Cents) Figures

Amounts shall be shown in both words and figures, where indicated. In case of discrepancy, the amount shown in words will govern.

The undersigned agrees that extra work, if any, will be performed in accordance with Article 10 of the General Conditions and Supplementary Conditions and will be paid for in accordance with Article 11 of the General Conditions and Supplementary Conditions.

A Payment Bond in the amount of 100% of the total contract price shall be provided by the Contractor.

A Performance Bond in the amount of 100% of the total contract price shall be provided by the Contractor.

The above prices shall include all labor, materials, bailing, shoring, removal, overhead, profit, insurance and incidentals required to complete the Work.

The names and residences of all persons and parties interested in the foregoing Bid as principals are as follows:

(Give first and last names in full. In the case of a corporation and/or partnership - see Paragraph 1.03 C of Section 00100 Instructions to Bidders.)

Pursuant to M.G.L. Ch. 62C, sec. 49A, I certify under the penalties of perjury that the undersigned contractor, to my best knowledge and belief, has filed all state tax returns; has complied with all Massachusetts laws relating to taxes, reporting of employees and contractors, withholding and remitting child support, and paid all state taxes required under law.

The undersigned hereby certifies 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.

The undersigned hereby certifies under the 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 section, the word "person" shall mean any natural person, joint venture, partnership, corporation, or other business or legal entity.

00300-7

The undersigned further certifies under penalty of perjury that the said 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 requisition promulgated thereunder.

If a Corporation:

Name of Contractor:__________________________________________________________

Signature of Bidder:__________________________________________________________

Name of Person Signing Bid:________________________________________________________

(Name) (Title)

Business Address:____________________________________________________________

Telephone Number:___________________________________________________________

Incorporated under the Laws of the State of:

President:

(Name) (Title) Officers:

Secretary:

Treasurer:

Dated:

(Affix Corporation Seal Here)

If a Partnership, Individual, or Non - Incorporated Organization:

Name of Company:

Signature of Bidder:

(Name) (Title)

Name and Address of Member of Company:

Telephone Number:

00300-8

FAIR BID CERTIFICATE

The undersigned swears under penalties of perjury that this Bid is in all respects bonafide, fair and made without collusion or fraud with any other person. As used in this section the word “person” shall mean any natural person, joint venture, partnership, corporation or other business or legal entity.

(Signature) (date)

(Name of Person Signing Bid)

(Company)

00300-9

STATEMENT OF TAX COMPLIANCE

Pursuant to Massachusetts General Laws Chapter 62C, Section 49A, as inserted by the Acts of 1983, Section 36, I, _________________________________________________________, authorized signatory (name and title) for ________________________________________________________, whose principal (contractor) place of business is at _________________________________________________________

____________________________________, has complied with all laws of the

Commonwealth of Massachusetts relating to taxes.

(authorized signature)

(date)

COMMONWEALTH OF MASSACHUSETTS

Middlesex, Then appeared before me the above-named _____________________________________ and having been duly sworn stated that the foregoing statements were true and correct.

(Notary Public)

My commission expires:

(date)

FEDERAL IDENTIFICATION NUMBER:

00500-1

TOWN OF TYNGBOROUGH, MASSACHUSETTS

Contract No. 2026-DPW-002, “2026 Road Improvements Project Phase 2”

SECTION 00500

AGREEMENT

THIS AGREEMENT made as of the _________ day of _______________ in the year 2026 by and between the Town of Tyngsborough, Massachusetts acting through its Town Administrator hereinafter called OWNER and ________________________________________________________ with legal address and principal place of business at __________________________________________ hereinafter called CONTRACTOR. OWNER and CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as follows:

ARTICLE 1. WORK

CONTRACTOR shall perform the Work as specified or indicated in the Contract Documents.

ARTICLE 2. ENGINEER

The Project has been designed by or under supervision of the Town of Tyngsborough Engineering Department. Unless otherwise decided, TED will act as an ENGINEER in connection with completion of the Work in accordance with the Contract Documents.

ARTICLE 3. CONTRACT TIME

3.1. The Contract Time to complete all work shall be 280 Calendar Days commencing ten

(10) days following the Effective Date of Notice to Proceed.

3.2. CONTRACTOR agrees that the Work shall be prosecuted regularly, diligently and uninterruptedly and at such rate of progress as will insure full completion thereof within the Contract Time stated above. It is expressly understood and agreed, by and between CONTRACTOR and OWNER that the Contract Time is reasonable for the completion of the Work, taking into consideration the average climatic range and usual industrial conditions prevailing in this locality.

ARTICLE 4. CONTRACT PRICE

4.1. OWNER will pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds at the price agreed upon in the CONTRACTOR's Bid Form attached to this Agreement.

ARTICLE 5. APPLICATIONS FOR PAYMENT

5.1. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions and Supplementary Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and Supplementary Conditions.

5.2. Application for Payment shall be submitted in EJCDC Document format, latest version.

Breakdown of work shall be in accordance with Section 00300 BID FORM.

00500-2

ARTICLE 6. PROGRESS AND FINAL PAYMENTS

6.1. OWNER will make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, monthly during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values provided for in Paragraph 14.01 of the General Conditions and Supplementary Conditions and will be subject to 5% retainage.

6.2. OWNER will make progress and final payments as provided in Article 14 of the General Conditions and Supplementary Conditions and in accordance with the applicable Massachusetts General Law.

ARTICLE 7. LIQUIDATED DAMAGES

7.1. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the Contract Time specified in Article 3 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered by OWNER if the Work is not completed on time.

Accordingly, instead of requiring any such proof OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER $500.00 per day for each calendar day of delay until the Work is complete.

7.2. Provided, that CONTRACTOR shall not be charged with liquidated damages or any excess cost when the delay in completion of the Work is for reasons included in Paragraph 12.03. of the General Conditions.

7.3. Provided, further, that CONTRACTOR shall furnish OWNER the required notification of such delays in accordance with Paragraph 12.02. of the General Conditions.

ARTICLE 8. ASSURANCE

8.1. CONTRACTOR has familiarized themselves with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and Federal, State and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work.

8.2. CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work which were relied upon by ENGINEER in the preparation of the Drawings and Specifications and which have been identified in Article 4 of the Supplementary Conditions.

8.3. CONTRACTOR has made or caused to be made examinations, investigations and tests and studies of such reports and related data in addition to those referred to in the above paragraph as CONTRACTOR deems necessary for the performance of the Work at the Contract Price within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports or similar data are or will be required for such purposes.

8.4. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents.

8.5. CONTRACTOR has given ENGINEER written notice of any conflict, error or discrepancy that

00500-3

CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR.

8.6. CONTRACTOR agrees that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work.

ARTICLE 9. CONTRACT DOCUMENTS

9.1. The Contract Documents which comprise the Contract between OWNER and CONTRACTOR are attached hereto and made a part hereof and consist of the following:

9.1.1. Invitation To Bid (Section 00020).

9.1.2. Instructions To Bidders (Section 00100).

9.1.3. Bid Form (Section 00300).

9.1.4. This Agreement (Section 00500).

9.1.5. Performance Bond, EJCDC Document 191028-A, 1996 edition (Section 00610), Payment Bond, EJCDC Document 191028-B, 1996 edition (Section 00620), and other required bonds, if applicable.

9.1.6. General Conditions, EJCDC Document C-700, latest edition (Section 00700).

9.1.7. Supplementary Conditions (Section 00800).

9.1.8. Federal and State Government Provisions (Section 00810).

9.1.9. Special Provisions.

9.1.10. Addenda numbers _________ to _________, inclusive.

9.1.11. Any modification, including Change Orders, duly delivered after execution of Agreement.

ARTICLE 10. MISCELLANEOUS

10.1. Terms used in this Agreement, which are defined in Article 1 of the General Conditions and Supplementary Conditions, shall have the meanings assigned in the General Conditions and Supplementary Conditions.

10.2. Neither OWNER nor CONTRACTOR shall, without the prior written consent of the other, assign or sublet in whole or in part any interest under any of the Contract Documents; and, specifically but without limitation, CONTRACTOR shall not assign any monies due or to become due without the prior written consent of OWNER. In case CONTRACTOR assigns all or any part of any monies due or to become due under this Contract, the instrument of assignment shall contain a clause substantially to the effect that it is agreed that the right of the assignee in and to any monies due or to become due to CONTRACTOR shall be subject to prior claims of all persons, firms and corporations for services rendered or materials supplied for the performance of the Work called for in this Contract.

10.3. OWNER and CONTRACTOR each binds itself, its successors, assigns and representatives in respect to all covenants, agreements and obligations contained in the Contract Documents.

10.4. The Contract Documents constitute the entire agreement between OWNER and CONTRACTOR and may only be altered, amended or repealed by a written Modification signed by each party.

00500-4

IN WITNESS WHEREOF, the parties hereto have signed this Agreement in triple. One copy has been delivered to OWNER and one copy each to CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf.

This Agreement shall become effective on , 2026.

OWNER CONTRACTOR

Town of Tyngsborough, Massachusetts

BY BY

Colin Loiselle- Town Manager

(CORPORATE SEAL) (CORPORATE SEAL)

Attest Attest______________________________

Address for giving notices Address for giving notices

25 Bryant Lane ___________________________________

Tyngsborough, MA 01879 ___________________________________

As required by M.G.L. Chapter 44 Section 3lC, this is to certify that the Town of Tyngsborough, Massachusetts, has an appropriation which is adequate to cover the cost of this contract.

(For Town staff only)

Date__________________________ Signed

Title

Note: If CONTRACTOR is a corporation, an affidavit giving the principal the right to sign the Agreement must accompany the executed Agreement.

BY

Auditor

00500-5

CERTIFICATE OF VOTE

(to be filed if Contractor is a Corperation)

I, , here certify that I am the duly qualified and acting (Secretary of Corporation)

Secretary of _________________________ and I further certify that a meeting of the Directors of said (Name of Corporation) Company, duly called and held on ____________________, as which all Directors were present and (Date of Meeting) voting, the following vote was unanimously passed:

VOTED: to authorize and empower

Anyone acting singly, to execute Forms of General Bids, 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: _________________________

00610-1

Performance Bond

Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.

CONTRACTOR (Name and Address): SURETY (Name and Address of Principal Place of Business):

OWNER (Name and Address):

CONTRACT

Date:

Amount:

Description (Name and Location):

BOND

Date (Not earlier than Contract Date):

Amount:

Modifications to this Bond Form:

Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative.

CONTRACTOR AS PRINCIPAL SURETY

Company: (Corp. Seal) Company: (Corp. Seal)

Signature: Signature:

Name and Title: Name and Title:

(Attach Power of Attorney)

(Space is provided below for signatures of additional parties, if required.)

CONTRACTOR AS PRINCIPAL SURETY

Company: (Corp. Seal) Company: (Corp. Seal)

Signature: Signature:

Name and Title: Name and Title:

EJCDC No. 1910-28-A (1996 Edition) Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General Contractors of America, and the American Institute of Architects.

00610-2

1. The CONTRACTOR and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Contract, which is incorporated herein by reference.

2. If the CONTRACTOR performs the Contract, the Surety and the CONTRACTOR have no obligation under this Bond, except to participate in conferences as provided in paragraph 3.1.

3. If there is no OWNER Default, the Surety's obligation under this Bond shall arise after:

3.1. The OWNER has notified the CONTRACTOR and the Surety at the addresses described in paragraph 10 below, that the OWNER is considering declaring a CONTRACTOR Default and has requested and attempted to arrange a conference with the CONTRACTOR and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Contract. If the OWNER, the CONTRACTOR and the Surety agree, the CONTRACTOR shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive the OWNER's right, if any, subsequently to declare a CONTRACTOR Default; and

3.2. The OWNER has declared a CONTRACTOR Default and formally terminated the CONTRACTOR's right to complete the Contract. Such CONTRACTOR Default shall not be declared earlier than twenty days after the CONTRACTOR and the Surety have received notice as provided in paragraph 3.1; and

3.3. The OWNER has agreed to pay the Balance of the Contract Price to:

3.3.1. The Surety in accordance with the terms of the Contract;

3.3.2 Another contractor selected pursuant to paragraph 4.3 to perform the Contract.

4. When the OWNER has satisfied the conditions of paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions:

4.1. Arrange for the CONTRACTOR, with consent of the OWNER, to perform and complete the Contract; or

4.2. Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or

4.3. Obtain bids or negotiated proposals from qualified contractors acceptable to the OWNER for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by the OWNER and the contractor selected with the OWNER's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the Bonds issued on the Contract, and pay to the OWNER the amount of damages as described in paragraph 6 in excess of the Balance of the Contract Price incurred by the OWNER resulting from the CONTRACTOR Default; or

4.4. Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances;

4.4.1 After investigation, determine the amount for which it may be liable to the OWNER and, as soon as practicable after the amount is determined, tender payment therefor to the OWNER; or

4.4.2 Deny liability in whole or in part and notify the OWNER citing reasons therefor.

5. If the Surety does not proceed as provided in paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the OWNER to the Surety demanding that the Surety perform its obligations under this Bond, and the OWNER shall be entitled to enforce any remedy available to the OWNER. If the Surety proceeds as provided in paragraph 4.4, and the OWNER refuses the payment tendered or the Surety has denied pliability, in whole or in part, without further notice the OWNER shall be entitled to enforce any remedy available to the OWNER.

6. After the OWNER has terminated the CONTRACTOR's right to complete the Contract, and if the Surety elects to act under paragraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the OWNER shall not be greater than those of the CONTRACTOR under the Contract, and the responsibilities of the OWNER to the Surety shall not be greater than those of the OWNER under the Contract. To a limit of the amount of this Bond, but subject to commitment by the OWNER of the Balance of the Contract Price to mitigation of costs and damages on the Contract, the Surety is obligated without duplication for:

6.1. The responsibilities of the CONTRACTOR for…