Project Manual Volume 1 of 1

53 Southampton Road Westfield, MA 01085

Downtown Improvement Project Phase V

City Of Gardner

July, 2026

MATT

WZOREK

CIVIL

52674No.

07/20/2026

JOSEPH P

VIAMARI JR.

CIVIL

41776No.

07/17/2026

G0384-099/7/21/2026 TOC-1 Table of Contents

Downtown Improvements Project – Phase V

City of Gardner

Gardner, Massachusetts

Table of Contents

Section Title

Number of Pages

Division 0 – Bidding and Contract Requirements

00100 Invitation to Bid 2

00112 Information to Bidders 3

00410 Form for General Bid 8

Qualification Statement 2

00430 Bid Bond 2

00500 Agreement 2

00610 Performance Bond 3

00615 Payment Bond 3

00700 General Conditions 26

Appendix to General Conditions 8

00800 Supplementary General Conditions and Appendices 10

Assurance of Compliance 8

Federal Labor Standard Provisions 10

Federal Davis Bacon Wage Rates 14

Massachusetts State Wage Rates 38

Division 1 – General Requirements

01110 Summary of Work 3

01140 Work Restrictions 1

01270 Measurement and Payment 6

01310 Coordination 3

01320 Construction Photographs 1

01325 Scheduling of Construction 2

01330 Submittal Procedures 9

01520 Construction Facilities 1

01550 Traffic Regulation 2

01570 Temporary Controls 3

01720 Field Engineering 2

01725 Preservation and Restoration of Project Features 3

01770 Closeout Procedures 2

Division 2 – Site Construction

02200 Site Preparation 2

02315 Excavation, Backfill, Compaction and Dewatering 8

02320 Borrow Material 3

02740 Hot Mix Asphalt 11

G0384-099/7/21/2026 TOC-2 Table of Contents

Downtown Improvements Project – Phase V

City of Gardner

Gardner, Massachusetts

Table of Contents

Section Title

Number of Pages

02760 Pavement Markings 3

02770 Granite Curbing 3

02775 Portland Cement Concrete Sidewalks 2

02891 Traffic Signals 5

02920 Lawn and Grasses 5

Division 3 – Concrete

03100 Concrete Forms and Accessories 7

03200 Concrete Reinforcement 4

03300 Cast-in-Place Concrete 16

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INVITATION TO BID

00100-1

CITY OF GARDNER

DEPARTMENT OF COMMUNITY DEVELOPMENT AND PLANNING

The City of Gardner, acting herein through the City of Gardner’s Department of Community Development and Planning (DCDP), is soliciting bids for the construction of the Downtown Improvements Project – Phase V, Bid Number: 2027-004, located on Willow Street between Pleasant Street and Main Street, and the intersection of Willow Street and Main Street, in Gardner, MA. Sealed general bids will be received by the City of Gardner, Purchasing Agent at 95 Pleasant Street, Room 217, Gardner Massachusetts 01440 until 3:00 p.m. local time on August 5, 2026 at which time and place said bids shall be publicly opened and read.

The bid opening will be recorded and then posted on the City of Gardner, MA YouTube page. Bids submitted after this time will not be accepted.

Envelopes containing proposals should be clearly marked on the outside:

BID FOR DOWNTOWN IMPROVEMENTS PROJECT – PHASE V, Bid Number 2027-004

The project includes furnishing all labor, equipment and materials required to complete the Downtown Improvements Project – Phase V. The project includes, but is not limited to, demolition of existing sidewalks, curbing and wheelchair ramps, removal of existing crosswalk pavement markings, new concrete sidewalk, granite curbing, wheelchair ramps, crosswalk reconfiguration, installation of pedestrian crosswalk posts and associated electrical wiring and conduits, loam and seed, and other work, appurtenances, and incidental items as set forth in the contract documents.

All bids for this project are subject to the precisions of Massachusetts General Laws Chapter 30, Section 39M, as amended.

Bidding Documents may be obtained by registering on the City of Gardner website via the following link:

http://www.gardner-ma.gov/bids.aspx. Hard copies may also be obtained for $100.00 non-refundable printing charge from the City of Gardner Purchasing Department, 95 Pleasant Street, Gardner, Massachusetts 01440 between the hours of 8:00 a.m. and 4:30 p.m., Monday through Thursday and between the hours of 8:00 a.m. and 1:00 p.m. on Fridays, City recognized holidays excluded.

A voluntary pre-bid meeting will be held at the site on Wednesday, July 29, 2026 at 10:00. Attendees to meet at Willow Street, Gardner, MA 01440. Ample parking is available at 232 Main Street, Gardner, MA.

Minimum Wage Rates as determined by the Commissioner of Department of Labor and Workforce Development under the provision of the Massachusetts General Laws, Chapter 149, Sections 26 to 27D, as amended, and federal Davis-Bacon wage decisions apply to this project. It is the responsibility of the contractor, before bid opening, to request if necessary, any additional information on Minimum Wage Rates for those trades people who may be employed for the proposed work under this contract. Bidders are required to comply with the greater of federal Davis-Bacon wage decisions or state minimum wage schedules as established by the Commissioner of Department of Labor and Workforce Development.

00100-2

Bid security in the form of a bid bond, certified or cashier’s check, payable to the City of Gardner, is required in a dollar amount of not less than five percent (5%) of the total bid amount. A performance bond and labor and materials bond for 100% of the total contract price, issued by a satisfactory surety company shall be required by the successful bidder.

The City of Gardner reserves the right to reject any and all bids, to accept proposals deemed to be in the best interest of the City, and to waive any informalities or irregularities in the bids received. Bids may not be withdrawn within 30 days of the bid opening.

Dept. of Community Development and Planning By: Jason Stevens, Director

INFORMATION FOR BIDDERS

00112 - 1

1 Project Site

The Project is the Downtown Improvements Project – Phase V located on Willow Street between Pleasant

Street and Main Street, and the intersection of Willow Street and Main Street, Gardner, Worcester County, Massachusetts.

2 Inspection of Site

By submitting a bid, the Contractor acknowledges that it has taken steps reasonably necessary to ascertain the nature and location of the work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the work or its cost, including but not limited to the conformation and conditions of the ground; the immediate and adjacent environs; access and egress; local ordinances, policies and regulations; and the identification of any discrepancies in the contract documents affecting the contract bid price, all as a result of a pre-bid visit and careful review of the bid documents.

Any failure of the Contractor to take the actions described and acknowledged in this paragraph shall not relieve the Contractor from responsibility for properly estimating the difficulty and cost of successfully performing all work in accordance with the Contract Documents without additional cost to the City of

Gardner Redevelopment Authority (hereinafter Owner, or City, or Awarding Authority).

The Owner assumes no responsibility for any conclusions or interpretations made by the Contractor based upon the information made available by the Owner.

3 Prequalification Statements

In accordance with the City of Gardner’s requirements, prospective bidders must complete and submit a

Qualification Statement for this project. Qualification forms are included in Section 00410.

4. Bid Deposit

All proposals must be accompanied by a bid deposit in the amount of five percent (5%) of the value of the bid, and shall be in the form of a bid bond, or a certified or cashier’s check issued by a responsible bank or trust company, payable to the City of Gardner, in the name of which the Contract for work is executed. Bid bonds shall be (a) in a form satisfactory to the City, (b) with a surety company qualified to do business in the Commonwealth and satisfactory to the City, and (c) conditioned upon the faithful performance by the principal of the agreements contained in the bid. The bid deposit must be enclosed in the same envelope with the proposal.

00 01 12 - 2

Bid deposits will be returned to respective bidders within five (5) working days after proposals are opened;

except those of the three (3) lowest responsible and eligible general bidders, which the City will hold until the successful bidder has executed the Contract. Thereafter, all remaining deposits, including that of the successful bidder, will be returned upon the expiration of the time prescribed for making an award. See applicable provisions of MGL c. 30 § 39M, and/or MGL c. 149 § 44B, which may apply.

5 Award of Contract

The Notice of Award of a Contract, after approval by the awarding authority, shall be within thirty (30) days, Saturdays, Sundays and legal holidays excluded, and shall be in written form signed by the DCDP

Assistant Director. The notice shall bind the successful bidder to execute the Contract and furnish

Performance and Payment bonds, and be responsible for liquidated damages provided in the General

Conditions. The rights and obligations provided by the Contract shall become effective and binding upon the parties only upon formal execution. See applicable provisions of MGL c. 149 § 44A-H, and/or MGL c.

149 § 29, which may apply.

6. Time for Executing Contract and Liquidated Damages for Failure to Execute

The successful bidder shall execute and deliver to the Owner of the Contract, and all required Bonds and insurance certifications, within ten (10) days of receipt of Notice of Award. Failure or refusal of the successful bidder to execute and deliver the Contract and Bonds required within ten (10) days shall result in forfeiture of the bid deposit to the Owner as liquidated damages for such failure or refusal. The bid deposit shall become the property of the Owner for liquidated damages provided the amount of bid deposit does not exceed the difference between bid price and bid price of next lowest responsible bidder; and provided further that, in case of death, disability, bona fide clerical or mechanical error of a substantial nature, or other similar unforeseen circumstances affecting the general bidder, in the opinion of the Owner, said bid deposit shall be returned to such bidder.

7 Prices

In the event of discrepancy between the prices quoted in the proposal in words and those quoted in figures, the words shall control. The prices are to include the furnishing of all materials, plant, equipment, tools and other facilities, and the performance of all labor services necessary or proper for the completion of the work, including all delivery and/or freight costs FOB work site.

8. Sales Tax Exemption

The City of Gardner is exempt from State Sales Tax under the Sales Act, Chapter 14 of the Acts of 1966 and all amendments thereto. All purchases of supplies and materials in relation to the project are therefore exempt. This should be considered when forming contract prices. The City of Gardner Tax Exempt

Number is E-046-001-389.

9. All Contracts Subject to Appropriation

The execution of a Contract is subject to adequate financial appropriation for the Project as advertised. The lack of adequate financial appropriation by the Owner, or granting agency, for the Project shall constitute grounds to reject all bids, or those bids which exceed the financial limitations imposed by the Owner.

00 01 12 - 3

10. Changes in Quantities of Work

A. Site Conditions – MGL c. 30, § 39N is incorporated herein and made a part of this Contract to the extent required by law.

B. Quantities – The City reserves the right to modify the scope of work including, but not limited to, estimated quantities, provided that the total price for all such modifications does not exceed 25% of the total Contract price, or as otherwise required by law.

The Contract shall be awarded to the lowest eligible and responsible bidder. The lowest bidder shall be the bidder with the lowest base bid plus a total of the alternates, if included in the project, selected by the Owner in the order presented.

11. Addenda

If it becomes necessary to revise any part of this Invitation to Bid or if additional data are necessary to enable an exact interpretation of provisions, such addenda will be provided to all bidders who have requested the bid documents. No addenda will be issued within the immediate three (3) business days prior to the bidding deadline. If an addendum is issued, all bidders shall acknowledge receipt of each addenda on their bid submission.

12. Questions During Bidding Period

Any questions during the bidding period as to the interpretation of the Invitation to Bid, form of proposal, form of Contract, plans, specifications or form of performance and payment bonds, must be received by the

City not less than five (5) days prior to the date set for receipt of bids. Written inquires should be directed to: The Department of Community Development and Planning, Manca Annex, 115 Pleasant Street, Room

201, Gardner, MA 01440. Attn: Evan Cudmore, Assistant Director.

The Owner will forward, via certified mail, return receipt requested, via confirmed facsimile, or email to all prospective bidders at the address given by them, interpretations of all questions raised in accordance with this section, which in the Owner’s opinion, require such interpretation. The Owner’s response shall be issued not less than two days prior to the date set for receipt of bids. Oral representations shall not bind the

Owner.

13. Competence

No Contract shall be awarded except to responsible, established bidders capable of performing the class of work contemplated. Before the awarding of the Contract, any bidder may be required to show that it has the necessary facilities, experience, ability and financial resources to perform the work in a satisfactory manner and within the time stipulated. The bidder may be required to furnish the Owner with statements as to its experience and financial status. The bidder agrees upon request of the Owner to furnish in confidence such information as will enable it to judge the financial responsibility of the bidder and any listed subcontractors.

G-0384-099/7/15/2026 00410-UP-1 Bid Form

SECTION 00410

BID FORM

PROJECT IDENTIFICATION:

Downtown Improvements Project – Phase V

TABLE OF ARTICLES

1. Bid Recipient

2. Bidder’s Acknowledgements

3. Bidder’s Representations

4. Bidder’s Certifications

5. Basis of Bid

6. Time of Completion

7. Attachments to This Bid

8. Bid Submittal

ARTICLE 1 - BID RECIPIENT

1.1 This Bid is submitted to:

Purchasing Department Gardner City Hall

95 Pleasant Street – Room 217 Gardner, MA 01440

1.2 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

ARTICLE 2 - BIDDER’S ACKNOWLEDGEMENTS

2.1 Bidder accepts all of the terms and conditions of the Advertisement for Bids and Instructions to Bidders, including without limitation, those dealing with the disposition of Bid deposit.

The Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

2.2 The Work under this Contract shall be subject to the provisions of Chapter 30, Section 39M of the Massachusetts General Laws.

ARTICLE 3 - BIDDER’S REPRESENTATIONS

3.1 In submitting this Bid, Bidder represents, as set forth in the Agreement, that:

A. Bidder has examined and carefully studied the Bidding Documents, and any data and reference items identified in the Bidding Documents and hereby acknowledges the receipt of all Addenda.

G-0384-099/7/15/2026 00410-UP-2 Bid Form

B. Bidder has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfied itself as to the general, local and Site conditions that may affect cost, progress, and performance of the Work.

C. Bidder is familiar with and has satisfied itself as to all federal, state and local Laws and Regulations that may affect cost, progress and performance of the Work.

D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings.

E. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and any Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder’s safety precautions and programs.

F. Bidder agrees, based on the information and observations referred to in the preceding paragraph, that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price bid and within the times required and in accordance with the other terms and conditions of the Bidding Documents.

G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents.

H. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and confirms that the written resolution thereof by Engineer is acceptable to Bidder.

I. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work.

J. The submission of this Bid constitutes an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, and that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

ARTICLE 4 - BIDDER’S CERTIFICATION

4.1 Bidder 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 in the work, that all employees to be employed at the Site will have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health Administration that is at least 10 hours in duration at the time the employee begins work and who shall furnish

G-0384-099/7/15/2026 00410-UP-3 Bid Form documentation of successful completion of said course with the first certified payroll report for each employee, and that Bidder will comply fully with all laws and regulations applicable to awards made subject to MGL Chapter 30, Section 39M.

4.2 Bidder hereby certifies under the penalties of perjury, to the best of Bidder’s knowledge and belief, that Bidder has filed all State tax returns and paid all State taxes required by law.

4.3 Bidder certifies under penalties of perjury that this Bid is in all respects bona fide, fair and made without collusion or fraud with any other person. As used herein the word “person” shall mean any natural person, joint venture, partnership, corporation or other business or legal entity.

4.4 Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation;

4.5 Bidder certifies that Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid;

4.6 Bidder certifies that Bidder has not solicited or induced any individual or entity to refrain from bidding; and

4.7 Bidder certifies that Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph:

A. “corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process;

B. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of the Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition;

C. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and

D. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.

4.8 Bidder certifies that neither their entity nor its Principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded for the award of contracts by any Federal or State Government Agency or Department.

ARTICLE 5 - BASIS OF BID

5.1 Bidder will complete the Work in accordance with the Contract Documents for the following price(s):

G-0384-099/7/15/2026 00410-UP-4 Bid Form

Item Number

Item Name and Unit Bid Prices Written in Words and Figures

Estimated Quantity Total Amount of Item (in figures)

1 Mobilization and Demobilization, per lump sum, the price of:

*Not to exceed 5 percent of the total Bid price lump sum* =

2 Traffic Control, per lump sum, the price of:

lump sum =

3 Uniformed Traffic Police, per allowance:

Thirty-eight thousand eight hundred

($ 38,800 ) allowance =

$__38,800_______

4 Saw cutting, per linear foot, the price of:

x 200 l.f. =

5 Unclassified Excavation, per cubic yard, the price of:

x 185 c.y. =

6 Catch Basin Sediment Control, each, the price of:

x 5 each =

G-0384-099/7/15/2026 00410-UP-5 Bid Form

7 Adjustment of Existing Handhole, each, the x 2 each =

8 Remove and Reset Frame and Grate, each, the x 4 each =

9 Adjustment of Existing Water and Gas Valve Boxes, each, the price of:

x 2 each =

10 Portland Cement Concrete Sidewalk 4” Thick, per square yard, the price of:

x 275 s.y. =

11 Portland Cement Concrete Wheelchair Ramps, per square yard, the price of:

x 50 s.y. =

12 Portland Cement Concrete Sidewalk Through Driveway 6” Thick, per square yard, the price of:

x 125 s.y. =

G-0384-099/7/15/2026 00410-UP-6 Bid Form

13 Hot Mix Asphalt Patch and Roadway Repair, per square yard, the price of:

x 135 s.y. =

14 Granite Curb, per linear foot, the price of:

x 560 l.f. =

15 12-inch Painted Pavement Markings, per linear foot, the price of:

x 650 l.f. =

16 Removal of Pavement Markings, per linear foot, the price of:

x 550 l.f. =

17 3-inch Electrical Conduit Type NM – Plastic-UL per linear foot, the price of:

x 65 l.f. =

18 Traffic Signal Reconstruction Location No.1, per lump sum, the price of:

lump sum =

G-0384-099/7/15/2026 00410-UP-7 Bid Form

19 Loam and Seed, per square yard, the price of:

x 200 s.y. =

TOTAL AMOUNT OF BID – Items 1 through 19 dollars (words)

(figures)

5.2 This Bid includes Addenda numbered .

ARTICLE 6 - TIME OF COMPLETION

6.1 Bidder agrees that the Work will be substantially completed and ready for final payment in accordance with section 27 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement.

6.2 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times as stated in the Agreement.

ARTICLE 7 - ATTACHMENTS TO THIS BID

7.1 The following documents are attached to and made a condition of this Bid:

A. Bid deposit in the amount of dollars ($ ), consisting of a bid bond in the amount of five percent of the total amount of Bid

B. Evidence of authority to sign

C. List of Project References

D. Evidence of authority to do business in the state of the Project; or a written covenant to obtain such license within the time for acceptance of Bids

E. MBE/WBE participation forms

F. City of Gardner Department of Community Development and Planning “Qualification Statement”.

G-0384-099/7/15/2026 00410-UP-8 Bid Form

BID SUBMITTAL

BIDDER: [Indicate correct name of bidding entity]

By:

[Signature]

[Printed name]

(If Bidder is a corporation, a limited liability company, a partnership, or a joint venture, attach evidence of authority to sign.)

Attest:

[Signature]

[Printed name]

Title:

Submittal Date:

Address for giving notices:

Telephone Number:

Fax Number:

Contact Name and e-mail address:

Bidder’s License No.:

(where applicable)

END OF SECTION

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“QUALIFICATION STATEMENT”

Submit this form with your bid. Answer all questions. Responses must be clear and comprehensive. If necessary, attach separate sheets for answers. The party who will submit the bid for the firm must sign this form. This statement must be notarized. Bidders may submit additional supporting information if they desire.

1. Name of Bidder.

2. Location of permanent main office.

3. When was the firm organized?

4. How many years have you been engaged in the contracting business under your present firm or trade name?

5. Describe the general character of work performed by your company.

6. List the contracts your firm has on hand stating for each contract: name and address of the client and name of the person supervision for the client; contract value; the start and stop dates.

7. List at least three (3) similar contracts recently completed by your firm, stating for each contract:

name and address of client and name of person supervision for client; contract value; and the month and year completed.

8. Have you ever failed to complete any contract awarded to you? Yes No

If so, explain where and why.

9. Have you ever defaulted on a contract: Yes No

If so, explain where and why.

10. Describe your experience in construction work similar in nature and scope to this project.

11. Describe the background and experience of the principal members of your organization, including the officers.

12. Identify the employee who will be responsible for managing this project.

13. List the major equipment your firm has available for this contract.

14. Credit available:

15. Provide a bank reference (name and address of institution, name of supervising person for the bank)

16. Will you provide a detailed financial statement and furnish such other information as the City of

Gardner, Department of Community Development and Planning may reasonably request?

Yes No

The undersigned certifies under the law of perjury that the information provided in this Qualification

Statement is true, complete and correct. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the City of Gardner, Department of

Community Development and Planning to verify the information provided in this Qualification

Statement.

By: ________________________________________________________ Date: ___________

Type or print name and title: ___________________________________________________________

COMMONWEALTH / STATE OF _________________________

_____________________ County, SS.

On this _________ day of ___________, 20__, before me, the undersigned notary public, personally appeared __________________ (name of document signer), proved to me through satisfactory evidence of identity, which was/were _______________________, to be the person whose name is signed on the preceding or attached document, and acknowledge to me that (he) (she) signed it voluntarily and for its stated purpose.

Notary Public

My Commission Expires:

PENAL SUM FORM

EJCDC® C-430, Bid Bond (Penal Sum Form). Published 2013.

Prepared by the Engineers Joint Contract Documents Committee.

BID BOND

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

BIDDER (Name and Address):

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

OWNER (Name and Address):

BID

Bid Due Date:

Description (Project Name— Include Location):

BOND

Bond Number:

Date:

Penal sum $

(Words) (Figures)

Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative.

BIDDER SURETY

(Seal) (Seal)

Bidder’s Name and Corporate Seal Surety’s Name and Corporate Seal

By: By:

Signature Signature (Attach Power of Attorney)

Print Name Print Name

Title Title

Attest: Attest:

Signature Signature

Note: Addresses are to be used for giving any required notice.

Provide execution by any additional parties, such as joint venturers, if necessary.

PENAL SUM FORM

EJCDC® C-430, Bid Bond (Penal Sum Form). Published 2013.

Prepared by the Engineers Joint Contract Documents Committee.

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder’s and Surety’s liability. Recovery of such penal sum under the terms of this Bond shall be

Owner’s sole and exclusive remedy upon default of Bidder.

2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding

Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding

Documents and any performance and payment bonds required by the Bidding Documents.

3. This obligation shall be null and void if:

3.1 Owner accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding

Documents and any performance and payment bonds required by the Bidding Documents, or

3.2 All Bids are rejected by Owner, or

3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by

Paragraph 5 hereof).

4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due.

5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from the Bid due date without Surety’s written consent.

6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after the Bid due date.

7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located.

8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States

Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned.

9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such

Bond and bind the Surety thereby.

10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length.

If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect.

11. The term “Bid” as used herein includes a Bid, offer, or proposal as applicable.

AGREEMENT FORM

00500-1

AGREEMENT

BY AND BETWEEN

THE CITY OF GARDNER

AND

CONTRACTOR

THIS AGREEMENT made this _______ day of _______, 2026, by and between the City of Gardner, located at 95 Pleasant Street, Gardner, MA 01440, hereinafter call the “Owner”, acting herein through the City of Gardner’s Department of Community Development and Planning, and _____________, located at ______________________________________, hereinafter called the “Contractor”, WITNESSETH, that the Owner and the Contractor, for the consideration hereafter named, agree as follows:

Article 1. SCOPE OF WORK:

The Contractor shall furnish all labor, tools, equipment and materials necessary to perform the Work required under the terms and conditions of the Contract Documents for the Downtown Improvements Project – Phase V.

Article 2. TIME OF COMPLETION:

The Contractor shall commence work under this Contract on the date specified in the written “Notice to Proceed” from the Owner and shall bring the work to Substantial Completion by October 30, 2026. Damages for delays in the performance of the Work shall be as specified within the General Conditions of the Contract Documents.

Article 3. THE CONTRACT SUM:

The Owner shall pay the Contractor in current funds for the performance of the Work, subject to additions and deductions by Change Order(s), the Contract Sum of $___________________.

Article 4. THE CONTRACT DOCUMENTS:

The following, together with this Agreement, form the Contract Documents and all are as fully a part of the Contract as if attached to this Agreement or repeated herein: Advertisement, Bidding Documents, Contract Forms, Conditions of the Contract, and Specifications as enumerated in the Table of Contents; the Drawings as enumerated in the List of Contract Drawings; Addenda;

Modifications issued after execution of the Contract; and other documents enumerated under Section

2.6 of the General Conditions.

AGREEMENT FORM

00500-2

Terms used in this Agreement which are defined in the Conditions of the Contract, shall have the meanings designated in those Conditions.

By signing this Agreement, the Contractor certifies under the penalties of perjury that it has complied with all laws of the Commonwealth relating to taxes.

IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed as of the date first above written:

CONTRACTOR CITY OF GARDNER

By: ________________________________ By: _________________________________ Michael J. Nicholson, Mayor

By: _________________________________ Joshua L. Cormier, Purchasing Director

By: _________________________________ Atty. Vincent Pusateri II, City Solicitor

CERTIFIED AS TO AUTHORITY OF THE

MAYOR AND AVAILABILITY OF FUNDS

IN THE AMOUNT OF

By: _________________________________ Karen Butler, City Auditor

(If a corporation, attach to each signed Contract a notarized copy of the corporate vote authorizing the signatory to sign this Contract, and the executed tax attestation.)

EJCDC® C-610, Performance Bond

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 1 of 3

PERFORMANCE BOND

CONTRACTOR (name and address):

SURETY (name and address of principal place of business):

OWNER (name and address):

CONSTRUCTION CONTRACT

Effective Date of the Agreement:

Amount:

Description (name and location):

BOND

Bond Number:

Date (not earlier than the Effective Date of the Agreement of the Construction Contract):

Amount:

Modifications to this Bond Form: None See Paragraph 16

Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative.

CONTRACTOR AS PRINCIPAL SURETY

(seal) (seal)

Contractor’s Name and Corporate Seal Surety’s Name and Corporate Seal

Signature Signature (attach power of attorney)

Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to

Contractor, Surety, Owner, or other party shall be considered plural where applicable.

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1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the

Owner for the performance of the Construction Contract, which is incorporated herein by reference.

2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in

Paragraph 3.

3. If there is no Owner Default under the Construction Contract, the

Surety’s obligation under this Bond shall arise after:

3.1 The Owner first provides notice to the Contractor and

the Surety that the Owner is considering declaring a Contractor

Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor, and

Surety to discuss the Contractor’s performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner’s notice, request such a conference. If the Surety timely requests a conference, the

Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Paragraph 3.1 shall be held within ten (10) business days of the Surety’s receipt of the

Owner’s notice. If the Owner, the Contractor, and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner’s right, if any, subsequently to declare a

Contractor Default;

3.2 The Owner declares a Contractor Default, terminates

the Construction Contract and notifies the Surety; and

3.3 The Owner has agreed to pay the Balance of the

Contract Price in accordance with the terms of the Construction

Contract to the Surety or to a contractor selected to perform the

Construction Contract.

4. Failure on the part of the Owner to comply with the notice requirement in Paragraph 3.1 shall not constitute a failure to comply with a condition precedent to the Surety’s obligations, or release the

Surety from its obligations, except to the extent the Surety demonstrates actual prejudice.

5. 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:

5.1 Arrange for the Contractor, with the consent of the

Owner, to perform and complete the Construction Contract;

5.2 Undertake to perform and complete the Construction

Contract itself, through its agents or independent contractors;

5.3 Obtain bids or negotiated proposals from qualified

contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the

Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the

Contractor Default; or

5.4 Waive its right to perform and complete, arrange for

completion, or obtain a new contractor, and with reasonable promptness under the circumstances:

5.4.1 After investigation, determine the amount for

which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or

5.4.2 Deny liability in whole or in part and notify the

Owner, citing the reasons for denial.

6. If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven 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 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner.

7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication for:

7.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract;

7.2 additional legal, design professional, and delay costs resulting from the Contractor’s Default, and resulting from the actions or failure to act of the Surety under Paragraph 5; and

7.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor.

8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the

Surety’s liability is limited to the amount of this Bond.

9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction

Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors, and assigns.

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10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations.

11. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the

Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum periods of limitations available to sureties as a defense in the jurisdiction of the suit shall be applicable.

12. Notice to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears.

13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this

Bond shall be construed as a statutory bond and not as a common law bond.

14. Definitions

14.1 Balance of the Contract Price: The total amount payable

by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made including allowance for the Contractor for any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the

Construction Contract.

14.2 Construction Contract: The agreement between the

Owner and Contractor identified on the cover page, including all

Contract Documents and changes made to the agreement and the

Contract Documents.

14.3 Contractor Default: Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract.

14.4 Owner Default: Failure of the Owner, which has not

been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction

Contract.

14.5 Contract Documents: All the documents that comprise

the agreement between the Owner and Contractor.

15. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be

Subcontractor and the term Owner shall be deemed to be Contractor.

16. Modifications to this Bond are as follows:

EJCDC® C-615, Payment Bond

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PAYMENT BOND

CONTRACTOR (name and address):

SURETY (name and address of principal place of business):

OWNER (name and address):

CONSTRUCTION CONTRACT

Effective Date of the Agreement:

Description (name and location):

BOND

Bond Number:

Date (not earlier than the Effective Date of the Agreement of the Construction Contract):

Modifications to this Bond Form: None See Paragraph 18

Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative.

CONTRACTOR AS PRINCIPAL SURETY

(seal) (seal)

Contractor’s Name and Corporate Seal Surety’s Name and Corporate Seal

Signature Signature (attach power of attorney)

Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 2 of 3

1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner to pay for labor, materials, and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms.

2. If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies, and holds harmless the Owner from claims, demands, liens, or suits by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the

Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond.

3. If there is no Owner Default under the Construction

Contract, the Surety’s obligation to the Owner under this

Bond shall arise after the Owner has promptly notified the

Contractor and the Surety (at the address described in

Paragraph 13) of claims, demands, liens, or suits against the

Owner or the Owner’s property by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction

Contract, and tendered defense of such claims, demands, liens, or suits to the Contractor and the Surety.

4. When the Owner has satisfied the conditions in Paragraph

3, the Surety shall promptly and at the Surety’s expense defend, indemnify, and hold harmless the Owner against a duly tendered claim, demand, lien, or suit.

5. The Surety’s obligations to a Claimant under this Bond shall arise after the following:

5.1 Claimants who do not have a direct contract with

the Contractor,

5.1.1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and

5.1.2 have sent a Claim to the Surety (at the address described in Paragraph 13).

5.2 Claimants who are employed by or have a direct

contract with the Contractor have sent a Claim to the Surety (at the address described in Paragraph

13).

6. If a notice of non-payment required by Paragraph 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant’s obligation to furnish a written notice of non-payment under Paragraph 5.1.1.

7. When a Claimant has satisfied the conditions of Paragraph

5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety’s expense take the following actions:

7.1 Send an answer to the Claimant, with a copy to the

Owner, within sixty (60) days after receipt of the

Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and

7.2 Pay or arrange for payment of any…