27-0014 Outdoor Basketball Court Construction.pdf

TOWN OF WEST SPRINGFIELD

INVITATION FOR BIDS

CONTRACT AGREEMENT

FOR

IFB # 27-0014

OUTDOOR BASKETBALL COURT CONSTRUCTION

INVITATION FOR BID

IFB # 27-0014

OUTDOOR BASKETBALL COURT CONSTRUCTION

LEGAL ADVERTISEMENT 3

IFB REQUIREMENT SUMMARY 5

GENERAL INFORMATION AND BID SUBMISSION REQUIREMENTS 6

SCOPE OF SERVICE 11

QUALIFICATIONS OF CONTRACTORS 13

RESPONSIBILITIES OF CONTRACTORS 14

EVALUATION FORM 15

ADDITIONAL CONTRACT TERMS AND CONDITIONS 16

BID FORM 17

CERTIFICATE AS TO CORPORATE BIDDER 19

BIDDER INFORMATION 20

LABOR HARMONY AND OSHA TRAINING CERTIFICATION 21

CERTIFICATE OF NON-COLLUSION 22

TAX COMPLIANCE CERTIFICATION 23

CERTIFICATE OF COMPLIANCE - PREVAILING WAGE LAW 24

DEBARMENT DISCLOSURE FORM 25

BID SIGNATURE PAGE (Individual) 26

BID SIGNATURE PAGE (Partnership) 27

BID SIGNATURE PAGE (Corporation) 28

APPENDICES

APPENDIX A: CONTRACT & GENERAL CONDITIONS

APPENDIX B: PREVAILING WAGE RATES

APPENDIX C: BASKETBALL COURT SOW

Town of West Springfield

Jaime Flores 26 Central Street, Suite 32 Procurement Administrator West Springfield, MA 01089

(413) 495-1732 | jflores@tows.org

LEGAL ADVERTISEMENT

INVITATION FOR BID

OUTDOOR BASKETBALL COURT CONSTRUCTION (IFB # 27-0014)

The Town of West Springfield, through its Central Maintenance Department, is seeking sealed bids from qualified contractors for the construction of a new outdoor basketball court. The project has a

$75,000.00 budget. All bids for this project are subject to the provisions of M.G.L. Chapter 30, Section

39M, inclusive as amended. Minimum Wage Rates as determined by the Commissioner of the

Department of Labor and Industries under the provision of the Massachusetts General Laws, Chapter

149, Sections 26 to 27H, as amended, apply to this project.

Specifications may be obtained from:

https://www.townofwestspringfield.org/government/departments/finance/procurement-bids

There will be a pre-bid walkthrough held on September 23, 2026 at 2:30 PM, local time. All interested parties should meet Town representatives at 357 Piper Road, West Springfield, MA 01089.

Any questions concerning this IFB must be sent in writing by 4:00 PM on September 28, 2026 to Jaime

Flores, Procurement Administrator at jflores@tows.org.

All Bids shall be sealed and addressed to: Jaime Flores, Procurement Administrator, 26 Central Street, Suite 32, West Springfield, MA 01089. Sealed proposals will be received in the Law Department until

11:00 AM on October 6, 2026. There is also a special mailbox set up in the lobby of the Town Hall labeled “bids” for bidders who wish to physically drop off their bids. All electronic bids can be submitted at https://www.bidnetdirect.com/massachusetts/townofwestspringfield

All work shall be completed by June 30, 2027. A $500/day penalty charge will be assessed if the contractor does not meet the specified final completion date.

Each bid must be accompanied by a Bid Bond from a licensed surety company, or a Certified check, or a

Treasurer’s or Cashier’s check in the amount of five (5%) percent of the base bid payable to the Town of

West Springfield.

A Payment bond and a performance bond in the amount of 50% of the Contract Price will be required of the Successful Bidder. The successful bidder will also be required to furnish workmen’s compensation insurance and public liability insurance.

https://www.townofwestspringfield.org/government/departments/finance/procurement-bids mailto:jflores@tows.org https://www.bidnetdirect.com/massachusetts/townofwestspringfield

This contract will be awarded only to a responsive and responsible bidder whose bid meets all of the requirements in the specifications. The contract shall be awarded by the Chief Procurement Officer, which reserves the right to waive any informalities, to accept or reject, in part or in whole, any and all proposals or to take whatever action may be deemed to be in the best interest of the Town of West

Springfield. Bids will remain firm for sixty (60) days following the opening of proposals.

IFB REQUIREMENT SUMMARY

Bid Number 27-0014

Bid Title Outdoor Basketball Court Construction

Release Date September 8, 2026

Pre-Bid Conference September 23, 2026 at 2:30 PM

Questions Due September 28, 2026 by 4:00 PM

Bids Due October 6, 2026 at 11:00 AM

Services Start Date Upon Contract Execution

REQUIRED SUBMITTALS

Bid Form Completed & Signed

Bid Deposit

References

Certificate as to Corporate Bidder

Bidder Information

Labor Harmony & OSHA Training Certification

Certificate of Non-Collusion

Tax Compliance Certificate

Certificate of Compliance - Prevailing Wage Law

Applicable Signature Page

Debarment Disclosure Form

Acknowledgement of Addendum (if applicable)

I. GENERAL INFORMATION AND BID SUBMISSION REQUIREMENTS

A. Pre-Bid Conference

There will be a pre-bid walkthrough held on September 23, 2026 at 2:30 PM, local time.

All interested parties should meet Town representatives at 357 Piper Road, West

Springfield, MA 01089.

B. Questions from Prospective Proposers

Questions concerning this Invitation for Bid must be submitted in writing to: Town of

West Springfield Attn: Jaime Flores, 26 Central St, Suite 32, West Springfield, MA 01089 or jflores@tows.org before 4:00 PM on September 28, 2026. Questions may be delivered, mailed or emailed. Written responses will be emailed to all proposers on record as having picked up the IFB.

C. Addenda

If any changes are made to this IFB, an addendum will be issued. Addenda will be emailed to all proposers on record as having picked up the IFB. Addenda will also be posted to the Town’s Website and Bidnetdirect.

D. Time and Date Bids Must be Delivered

Sealed bids will be received in the Legal Department until 11:00 AM on October 6, 2026.

NO BIDS WILL BE ACCEPTED AFTER THE TIME AND DATE SPECIFIED. All hard copy bids shall be sealed and addressed to: Jaime Flores, Procurement Administrator, Town of

West Springfield, 26 Central Street, Suite 32, West Springfield, MA 01089.

SPECIAL INSTRUCTIONS FOR BID PACKAGE DELIVERIES: If the proposal is to be dropped off in person, it may be left in the bid box in the lobby of Town Hall or delivered to the

Legal Department on the third floor. Please leave yourself ample time before the deadline time to deliver your proposal

All electronic bid submittals (preferred) can be submitted through Bidnet Direct at

Do not submit an electronic and hard copy proposal.

E. Late Bids

The Town assumes no responsibility for late submissions due to mail, courier, or delivery problems. LATE BIDS WILL NOT BE CONSIDERED.

F. Number of Copies of the Proposal Required

The bidder shall submit one (1) original copy of their bid.

mailto:jflores@tows.org

G. Bid Envelope

The sealed bid envelope should be marked: "IFB #27-0014: Outdoor Basketball Court

Construction" and endorsed with the name and business address of the bidder.

1. A bid by an individual shall show his name and official address.

2. A bid by a partnership must be executed in the partnership name and signed by a partner accompanied by evidence of authority to sign. His title must appear under this signature and the official address of the partnership shall be shown.

3. A bid by a corporation must be executed in the corporate name by an officer of the corporation and must be accompanied by a certified copy of a resolution of the board of directors authorizing the person signing the Quote to do so on behalf of the corporation. The corporate seal shall be affixed and attested to by the secretary. The state of incorporation and the official corporate address shall be shown.

H. Bids Must Be Signed By Authorized Individuals

All bids must contain the bid signature page. Faxed proposals will not be considered. A proposal must be signed as follows:

1. If the bidder is an individual, by him/her personally;

2. If the bidder is a partnership, by the name of the partnership, followed by the signature of each general partner; or

3. If the bidder is a corporation, by the authorized officer, whose signature must be attested to by the Clerk/Secretary of the corporation and the corporate seal affixed.

I. Maximum Time for Proposal Acceptance

The contract will be awarded within thirty (30) days after the proposal opening. The time for award may be extended for up to thirty (30) additional days by mutual agreement between the Town and the responsive and responsible proposer offering the most advantageous proposal as determined by the chief procurement officer.

J. Modifying or Withdrawing Bids

A bidder may correct, modify, or withdraw a bid by written notice received by the Town prior to the time and date set for the bid opening. Bid modifications must be submitted in a sealed envelope clearly labeled "Modification No. __." Each modification must be numbered in sequence, and must reference the original IFB. After the bid opening, a bidder may not change any provision of the bid in a manner prejudicial to the interests of the Town or fair competition. Minor informalities will be waived or the bidder will be allowed to correct them. If a mistake and the intended bid are clearly evident on the face of the bid document, the mistake will be corrected to reflect the intended correct bid, and the bidder will be notified in writing; the bidder may not withdraw the bid. A bidder may withdraw a bid if a mistake is clearly evident on the face of the bid document, but the intended correct bid is not similarly evident.

K. Right to Cancel or Reject Bids

The Town may cancel this IFB, or reject in whole or in part any and all bids, if the Town determines that cancellation or rejection serves the best interest of the Town.

L. Bid Prices

All bid prices submitted in response to this IFB must remain firm for sixty (60) days following the bid opening.

M. Unexpected Closures

If, at the time of the scheduled proposal opening, the Municipal Office Building is closed to the public, due inclement weather or another unforeseeable event, the bid opening will be extended until 11:00 AM on the next business day. Bids will be accepted until that date and time.

N. Required Forms The bid must include:

1. Bid Deposit

2. References

3. Bid Form Completed & Signed

4. Certificate as to Corporate Bidder

5. Bidder Information

6. Labor harmony and OSHA training certificate

7. Certificate of Non-Collusion

8. Tax Compliance Certification

9. Certificate of compliance - prevailing wage law

10.Debarment Disclosure Form

11.Applicable bid signature page

12.Addendum Acknowledgement (if applicable)

O. Bid Deposit

Each bidder shall enclose with the bid an acceptable bid deposit in the amount of 5% of the submitted bid. A bid deposit must be in the form of a certified check or Treasurer’s check issued by a responsible bank, payable to the Town of West Springfield. A bid bond shall be issued by a company licensed to do business in the Commonwealth of

Massachusetts. In the event that the successful bidder fails to execute a contract within ten (10) business days of receipt of notification of bid award, the Awarding Authority shall retain such security as liquidated damages. Unsuccessful bidders’ deposits will be returned within twenty (20) business days following the award to said successful bidder.

P. Contract Securities

A Payment bond and a Performance bond in the amount of 50% of the Contract Price will be required of the Successful Contractor. Payment and Performance Bonds submitted shall be posted by a recognized surety company having a place of business in the Commonwealth of Massachusetts. All Payment Bonds signed by an agent must be accompanied by a certified copy of the authority to act. When the Successful Contractor delivers the executed Agreement to the Town, the Agreement shall be accompanied by the required contract securities. The successful contractor will also be required to furnish workmen’s compensation insurance and public liability insurance.

Q. Example Contract

An example contract is included in this bid package; this contract is included as a fair representation of the contract under which the Successful proposer will work. Please notice the Contract Agreement incorporates by reference all terms, specifications, and conditions of the proposal. There will be no modifications allowed to the Town’s

Contract.

R. Contract Execution

When the Town gives a Notice of Award to the Successful Bidder, the successful bidder, within 10 days thereafter, will provide the required bonds and insurance certificate.

Within 10 days thereafter, the Successful Bidder shall sign the Agreement and attached documents to the Town. Within ten days thereafter, the Town shall deliver one fully signed counterpart to the Successful Bidder with a complete set of the Drawings with appropriate identification

S. References

List all contracts held the last 5 years that are similar in size and scope to this project that can be contacted regarding your work . The following information shall be included for each customer listed

1. Customer

2. Contact Name

3. Address

4. Phone Number

5. Email

6. Contract Dates & Amount

7. Brief description of services provided.

T. Change Orders

Change orders are not effective until, if, as and when signed by the Mayor and no work is to commence until the change orders are fully executed.

U. Sales Tax Exemption

Materials and equipment purchased for permanent installation in this project will be exempt from Massachusetts Sale and Use Tax. The exemption certificate number will be furnished to the Contractor. Each bidder shall take exemption into account in calculating their bid for the work.

V. Prevailing Wage Rates

Minimum Wage Rates as determined by the Commissioner of the Department of Labor and Industries under the provision of the Massachusetts General Laws, Chapter 149, Sections 26 to 27H, as amended, apply to this project. The wage rate determination is included in Appendix B.

W. Public Records Notice

All documents and materials submitted in response to this Invitation for Bids (IFB) are subject to the Massachusetts Public Records Law, M.G.L. Chapter 66, Section 10, and

Chapter 4, Section 7, Subsection 26 once the bid has been opened. In accordance with these laws, the Town cannot guarantee the confidentiality of any information submitted by a bidder. By submitting any materials in response to this IFB, the bidder acknowledges and agrees that all such materials are public records and may be disclosed upon request. Any attempt by a bidder to designate submitted materials as confidential, proprietary, or otherwise protected from disclosure will be void and disregarded.

Bidders submit materials at their own risk and should not include any information they consider confidential or exempt from public disclosure.

II. SCOPE OF SERVICE

A. Scope

The Town of West Springfield, through its Central Maintenance Department, is seeking quotes from qualified contractors to construct a new outdoor basketball court at West

Springfield High School located at 425 Piper Rd, West Springfield, MA 01089.

The outdoor court will include a fence enclosure with a gate, lighting, and cameras. The site is located adjacent to a parking area which will remain, along with existing lighting and trees. An existing adjacent walking path may need to be modified to accommodate the proposed court size.

B. Work included

● Excavate and level the ground where the court will be located.

● Provide trenching and conduits for electrical and low voltage cables.

● Poured concrete full-court High School regulation basketball pad approximately

84’ by 50’ with a 3’ buffer zone around the perimeter. Total pad size approx. 90’ by 56’. Provide maximum 1% slope for water runoff.

● Paint the surface and lines for the basketball court to High School regulations.

● Install two (2) fixed basketball hoops at 10’ height to High School regulations.

● Install a 10ft tall black chain link fence around the exterior of the basketball court with an access gate.

● Install up to four (4) Lusso Array collection LED pole lighting (Model No.

LSO-M-T3-15L-4K-UNV-PTD-BK) around the exterior of the basketball court.

● Install two (2) digital watchdog cameras mounted to the light poles around the exterior of the basketball court for visuals to court and adjacent parking. Run associated fiber connection to the existing Teen Center data room located at 357

Piper Rd, West Springfield, MA 01089.

C. Permits and fees

1. Obtain all necessary permits, licenses, and certificates and pay all fees and charges associated therewith.

2. Arrange for all inspections and obtain all necessary approval for the work.

D. Subcontracts

The Bidder is specifically advised that any person, firm, or other party to whom it is proposed to award a subcontract under this contract must be acceptable to the Owner.

E. Contractor's responsibility Coordinate digging with appropriate utility companies, DPW, grounds crew, or others as needed to avoid existing underground utilities.

F. Time

All work shall be completed by June 30, 2027. A $500/day penalty charge will be assessed if the contractor does not meet the specified final completion date.

G. Substitute and “Or Equal” Items

The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or “or equal” items. Whenever it is specified or described in the Bidding Documents that a substitute or “or equal” item of material or equipment may be furnished or used by the

Contractor if acceptable to the Town, application for such acceptance will not be considered until after the effective date of the Agreement. The procedure for submission of any such application by the Contractor and consideration by the Town is set forth in the General Conditions and may be supplemented in the General Requirements.

H. Waste material

1. All rubbish created under this section of the work shall be removed on a regular basis and at least once each week by this contractor.

2. Rubbish shall not be allowed to accumulate, create a hazard, or nuisance and shall be stored in location as directed by the owner. All rubbish or removed items shall be properly disposed of in accordance with all regulations therewith.

I. Cleaning and Removals

It shall be the responsibility of the contractor to remove all surplus material, cartons, and materials made obsolete by this renovation, and other debris caused by work under this contract, each day from the site.

J. Guarantee warranty

The contractor shall and hereby does warrant that all work executed and all equipment furnished under this contract shall be free from defects of workmanship and materials for a period of one (1) year. All manufacturers’ warranties shall be honored to their extent.

III. QUALIFICATIONS OF CONTRACTORS

The following are minimum qualifications and licensing requirements that the Vendor must meet in order to be eligible to submit a bid. Responses must clearly show compliance to these minimum qualifications. Those that are not clearly responsive to these minimum qualifications may be rejected by the Town without further consideration:

A. The contract must have a minimum of five years of continuous experience as a general contractor specializing in commercial and/or municipal outdoor athletic court construction.

B. The contractor must submit evidence of no less than three recently completed similar projects for review by the Town. Such references must include at least two municipalities or government bodies for work similar to this project.

C. The contractor must acquaint themself with the project site at 425 Piper Rd., West

Springfield, MA 01089 and all the work related with the project in order to provide a complete price for the project. Failure to do so will not relieve a successful bidder of its obligation to furnish all material and labor necessary to carry out the provisions of this project.

D. The contractor must clean up and restore all areas worked in.

E. The contractor must demonstrate sufficient staffing, equipment, and resources to guarantee project completion by June 30, 2027.

IV. RESPONSIBILITIES OF CONTRACTORS

It is the responsibility of each Contractor before submitting a bid to:

A. Examine and carefully study these Documents, and the other related data:

B. Visit the Site, become familiar with and satisfy himself as to the general, local, and Site conditions that may affect cost, progress, or performance of the Work;

C. Become familiar with and satisfy himself/herself as to all federal, state and local Laws and Regulations that may affect cost, progress or performance of the Work;

D. Agree at the time of submitting its Quote that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Quote for performance of the Work at the price quote and within the times and in accordance with the other terms and conditions of the Documents;

E. Promptly give the Town written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor discovers in the Documents and confirm that the written resolution thereof by the Town is acceptable to the Contractor; and

F. Determine that the Documents are generally sufficient to indicate and convey an understanding of all terms and conditions for performance of the Work.

V. EVALUATION FORM

A. The contract will be awarded to the responsible and responsive bidder who offers the lowest price.

B. A responsive bidder must have completed and submitted all of the required bid documents.

1. Bid deposit in the required amount and form

2. References

3. Bid Form Completed & Signed

4. Certificate as to Corporate Bidder

5. Bidder Information

6. Labor Harmony and OSHA Training Certification

7. Certificate of Non-Collusion

8. Tax Compliance Certification Form

9. Certificate of Compliance with Prevailing Wage Law

10.Debarment Disclosure Form

11.Applicable Signature Pages

12.Acknowledgement of Bid Addenda (if any)

C. A responsible bidder will be determined based on:

1. Completeness of the bid

2. The ability of the contractor to meet the scope of services

3. References

4. Ability to complete the project in the timelines/schedule outlined in these specs

D. References will be checked as part of the minimum criteria. Failure to contact a reference due to inaccurate information supplied or an unfavorable recommendation from a reference can be considered as being non-responsive on the Bidder’s part.

VI. ADDITIONAL CONTRACT TERMS AND CONDITIONS

A. The Town reserves the right to cancel the contract upon written notice.

B. Bids which are incomplete, not properly endorsed, or signed, or otherwise contrary to these instructions will be rejected as informal by the Procurement Administrator.

C. Conditional bids Will Not Be Accepted.

D. As the Town of West Springfield is exempt from the payment of Federal Excise Taxes, and

Massachusetts Sales Tax, prices quoted herein are not to include these taxes.

E. The supplier will be bound by all applicable statutory provisions of law of the Federal

Government, the Commonwealth of Massachusetts, and the Town of West Springfield

F. The vendor shall not assign, sell, subcontract or otherwise transfer any interest in this contract without the prior written consent of the Town.

G. The selected consultant will be required to execute the standard Town of West

Springfield contract (attached as Appendix A) without modifications.

H. All work shall be completed by June 30, 2027. A $500/day penalty charge will be assessed if the contractor does not meet the specified final completion date.

BID FORM

OUTDOOR BASKETBALL COURT CONSTRUCTION (IFB #27-0014)

Bidder Name:

The Owner reserves the right to reject any bid in the event that any bid item or items are obviously unbalanced or appear to the Owner to be so unbalanced as to affect or to be liable to adversely affect any interest of the Owner.

The Owner reserves the right to reject any or all bids if it deems it to be in its best interest to do so.

The Owner reserves the right to award the Contract based on sufficiency of appropriated funds to complete the work.

The Undersigned, as Bidder, declares as follows:

A. Pursuant to and in compliance with your Invitation for Bids 27-0014 and other documents relating thereto, the undersigned hereby proposes to furnish all the labor, materials, equipment and insurance required for or in connection with the Town of West Springfield, Massachusetts, in strict accordance with the Specifications for the sum specified below.

B. If this bid is accepted, within 60 days from the date of opening to provide and furnish any and all items upon which prices are quoted, at the price set opposite each item. The prices shall cover all labor, materials, insurance, transportation and other necessary expenses to fulfill the conditions of the contract within the time stated.

C. Will produce and furnish the approximate quantities of items shown below in a manner prescribed hereunder. These item quantities are being given as a basis for the comparison of the bids only, and the Town of West Springfield does not expressly or by implication agree that the actual quantities to be purchased will correspond therewith, but reserves the right to increase or decrease the quantities of all items as may be deemed necessary or expedient by the Town of

West Springfield.

D. Only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm or corporation; that he has carefully examined the location of the proposed work, the proposed form of contract, the standard specifications and plans therein referred to; and he proposes and agrees, if this proposal is accepted, that he will contract with the Town of West Springfield, in the form of contract contained herein, and that he will take in full payment the unit prices attached to this

Bid Form.

E. If within 30 days subsequent to the date of the opening of bids, notice that this proposal will be accepted by the Town of West Springfield shall be emailed to him at the at the email address given below, or shall be delivered to him, he will, within ten (10) days thereafter, deliver to the

Town of West Springfield, where directed, a contract conforming to that annexed, properly executed in such number of counterparts as may be required by the Town of West Springfield, with such changes therein as shall have been made by the Town of West Springfield prior to the time named for delivery of this proposal, together with a payment bond of a surety company, which surety company shall be authorized to transact business in the Commonwealth of

Massachusetts and duly qualified therefore, the premiums for which are to be paid by the

Contractor and are included in the contract sum.

F. If awarded the contract, he will complete the work as required by the bid documents.

The Undersigned proposes to furnish all labor and materials required for the Outdoor Basketball Court project located at 425 Piper Road, West Springfield, Massachusetts 01089 in accordance with the enclosed Contract Documents and Specifications.

The proposed contract price is:

Total Bid (In Numbers)

Total Bid (In Words)

________________________________________________________ Dollars

And _____________________________________________________ Cents

Authorized Signature:

Print Name:

Title:

Date:

CERTIFICATE AS TO CORPORATE BIDDER

I, ___________________________ certify that I am the _________________________of the corporation named as bidder in the within bid form; that ______________________ , who signed said bid form on behalf of the bidder was then of said corporation; that I know his signature; that his signature thereto is genuine and that said bid form was duly signed, sealed and executed for and in behalf of said corporation by authority of its governing body.

(Corporate Seal)

Dated:_________________________ _____________________________ Secretary – Clerk

BIDDER INFORMATION

Number of years contractor has been in business under present business name:

Number of years contractor has constructed outdoor basketball courts:

Has the contractor been involved in a Chapter 11 bankruptcy proceeding within the past ten years?

Has the contractor ever failed to complete any work awarded?

Has the contractor been involved in non-accident related litigation in the past five years?

Has the contractor been involved in any formal legal action pertaining to contracts in the past five (5) years?

Has the contractor been involved in any “quasi-judicial” action involving contracts within the last five years?

IF YES TO ANY OF THE ABOVE, PLEASE PROVIDE ADDITIONAL DETAILS (ATTACH ADDITIONAL SHEETS IF NEEDED); FOR LITIGATION AND LEGAL ACTION PLEASE SPECIFY ALL PARTIES INVOLVED AND THE

RESOLUTION OF THE MATTER:

LABOR HARMONY AND OSHA TRAINING CERTIFICATION

The undersigned certifies under penalties of perjury:

(1) 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;

(2) that all employees to be employed at the worksite will have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health

Administration that is at least 10 hours in duration at the time the employee begins work and who shall furnish documentation of successful completion of said course with the first certified payroll report for each employee; and

(3) that all employees to be employed in the work subject to this quote 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

CERTIFICATE OF NON-COLLUSION

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

TAX COMPLIANCE CERTIFICATION

Pursuant to M.G.L. c. 62C, §49A, I certify under the penalties of perjury that, to the best of my knowledge and belief, I am in compliance with all laws of the Commonwealth relating to taxes, reporting of employees and contractors, and withholding and remitting child support.

CERTIFICATE OF COMPLIANCE - PREVAILING WAGE LAW

Pursuant to M.G.L. Chapter 149 section 27B, every contractor or subcontractor on a public works project must submit a certified payroll to an awarding authority every week. This requirement is necessary to enforce Prevailing Wage Law.

In addition, contractors must submit documentation of successful completion of the OSHA 10 course with the submission of the first prevailing wage certified payroll report (CPR) for each employee.

The undersigned hereby certifies under penalties of perjury that certified payroll sheets and OSHA 10 documentation (as required) will be submitted to the Town of West Springfield every week for the duration of the contract. Failure to submit certified payroll sheets will be considered a breach of contract.

DEBARMENT DISCLOSURE FORM

The said undersigned certifies under penalties of perjury that the said undersigned is not presently debarred from doing public construction work in the Commonwealth of Massachusetts under the provisions of Section 29F of Chapter 29 of the General Laws, or any other applicable debarment provisions of any other Chapter of the General Laws, or any Rule or Regulation promulgated thereunder.

BID SIGNATURE PAGE (Individual)

Bidder Legal Name:

Bidder Address:

City, State, Zip:

Telephone Number:

Email Address:

Name of Individual

Authorized to Sign:

Title of Individual

Authorized to Sign:

Signature Date

BID SIGNATURE PAGE (Partnership)

(must be signed by ALL general partners)

Partnership Name:

Bidder Address:

City, State, Zip:

Telephone Number:

Email Address:

Names of All Partners:

Partner Signature Date

BID SIGNATURE PAGE (Corporation)

Name of Corporation:

Address:

City, State, Zip:

Telephone Number:

Email Address:

Name of Duly Authorized Corporate Officer:

Title of Duly Authorized Corporate Officer:

Signature of Duly Authorized Corporate Officer Date

Signature of Clerk Date

Affix Corporate Seal Please furnish the following additional information:

State of Incorporation:

President Name:

Treasurer Name:

Secretary Name:

If you are a foreign (out of state) corporation, are you registered with the Secretary of the Commonwealth in accordance with the provisions of M.G.L. Chapter 156D § 15.03?

_______ Yes _______ No

If you are selected for this work, you are required, under M.G.L. Chapter 30 §39L, to obtain from the Secretary of State, Foreign Corporation Section, a certificate stating that your corporation is registered, and to furnish said certificate to the Town of West Springfield before award.

APPENDIX A: CONTRACT & GENERAL CONDITIONS

CONSTRUCTION CONTRACT

PURSUANT TO M.G.L. C. 30, § 39M

This Contract is entered into on, or as of, this date by and between the Town of West Springfield (the "Town"), and

("Contractor")

(Address of the Contractor)

(Telephone) (Email) (Website) (Telephone) (FAX)

1. This is a Contract for the procurement of the following:

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

3. Payment will be made as follows:

4. Definitions:

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

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

c. The Contractor: The "other party" to any contract with the Town. The term shall (as the sense and particular contract so require) include Vendor, Contractor, Engineer, or other label used to identify the other party in the particular Contract, Use of the term "Contractor" shall be understood to refer to any other such label used.

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

e. Goods: Goods, Supplies, or Materials.

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

g. Work: The services or materials contracted for, or both

5. Terms of Contract and Time for Performance: This Contract shall be fully performed by the Contractor on or before unless extended pursuant to a provision for extension contained in the Contract Documents at the sole discretion of the Town, and not subject to assent by the Contractor, and subject to the availability and appropriation of funds.

The time limits stated in the Contract Documents are of the essence of the Contract.

6. Subject to Appropriation: Notwithstanding anything in the Contract Documents to the contrary, any and all payments which the Town is required to make under this Contract shall be subject to appropriation or other availability of funds as certified by the Town Accountant.

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

8. The Contractor's Breach and the Town's Remedies: Failure of the Contractor to comply with any of the terms or conditions of this Contract shall he deemed a material breach of this Contract, and the Town of West Springfield shall have all the rights and remedies provided in the Contract Documents, the right to cancel, terminate, or suspend the Contract in whole or in part, the right to maintain any and all actions at law or in equity or other proceedings with respect to a breach of this Contract including damages and specific performance and the right select among the remedies available to it by all of the above.

9. Statutory Compliance:

a. This Contract will be construed and governed by the provisions of applicable federal, state and local laws and regulations; and wherever any provision of the Contract or Contract Documents shall conflict with any provision or requirement of federal, state or local law or regulation, then the provisions of law and regulation shall control. Where applicable to the Contract, the provisions of General Laws are incorporated by reference into this Contract, including but not limited to the following:

● General Laws Chapter 30B: Procurement of Goods and Services.

● General Laws Chapter 30 Sec. 39, et seq: Public Works Contracts.

● General Laws Chapter 149, Sec. 44A, et seq: Public Buildings Contracts.

b. Wherever applicable law mandates the inclusion of any term and provision into a municipal contract, this Section shall be understood to import such term or provision into this Contract. To whatever extent any provision of this Contract shall be inconsistent with any law or regulation limiting the power or liability of cities and towns, such law or regulation shall control.

c. The Contractor shall give all notices and comply with all laws and regulations bearing on the performance of this Contract. If the Contractor performs the Contract in violation of any applicable law or regulation, the Contractor shall bear all costs arising there from.

d. The Contractor shall keep itself fully informed of all existing and future State and National Laws and Municipal Bylaw and regulations and of all orders and decrees of any bodies or tribunals having jurisdiction in any manner affecting those engaged or employed in the work, of the materials used in the work, or in any way affecting the conduct of the work, if any discrepancy or inconsistency is discovered in the Drawings, Specifications or Contract for this work in violation of any such law, by-law, regulation, order or decree, it shall forthwith report the same in writing to the Town. It shall, at all times, itself observe and comply with and shall cause all its agents, employees and Subcontractors to observe and comply will all such existing and future laws, by-laws, regulations, orders and decrees; and shall protect and indemnify the Town of West Springfield, and its duly appointed agents against any claim or liability arising from or based on any violation whether by him or its agents, employees or Subcontractors or any such law, by-law, regulation or decree.

10.Conflict of Interest: Both the Town and the Contractor stipulate to the applicability of the State Conflict of Interest Law (General Laws Chapter 268A), and this Contract expressly prohibits any activity, which shall constitute a violation of that law. The Contractor shall be deemed to have investigated its applicability to the performance of this Contract; and by executing the Contract Documents the Contractor certifies to the Town that neither it nor its agents, employees, or subcontractors are thereby in violation of General Laws Chapter 268A.

11.Certification of Tax Compliance: This Contract must include a certification of tax compliance by the Contractor, as required by General Laws Chapter 62C, Section 49A, (Requirement of Tax Compliance by All Contractors Providing Goods, Services, or Real Estate Space to the Commonwealth or Subdivision).

12.Discrimination: The Contractor will carry out the obligation of this Contract in full compliance with all of the requirements imposed by or pursuant to General Laws Chapter 151B (Law Against Discrimination,) and any executive orders, rules, regulations, and requirements of the Commonwealth of Massachusetts as they may from time to time be amended.

13.Assignment: Assignment of this Contract is prohibited, unless assignment is provided for expressly in the Contract Documents.

14.Condition of Enforceability against the Town: This Contract is only binding upon, and enforceable against, the Town if: (1) the Contract is signed by the Mayor as Chief Procurement Officer or his/her designee; and (2) endorsed with approval by the Town Accountant as to appropriation or availability of funds; and (3) endorsed with approval by the Town Counsel as to form.

15.Corporate Contractor: If the Contractor is a corporation, it shall endorse upon this Contract (or attach hereto) its Clerk's Certificate certifying the corporate capacity and authority of the party signing this Contract for the corporation. Such certificate shall be accompanied by a letter or other instrument stating that such authority continues in full force and effect as of the date the Contract is executed by the Contractor. This Contract shall not be enforceable against the Town of West Springfield unless and until the Contractor complies with this section. The Contractor (and Subcontractors as defined in Paragraph 4.6 of the General Conditions), if a foreign corporation shall comply with the provisions of the General Laws, Chapter 181, Sections 3 and 5, and any Acts and Amendments thereof, and in addition thereto, relating to the appointment of the Commissioner of Corporations as its attorney, shall file with the Commissioner of Corporations a Power of Attorney and duly authenticated copies of its Charter or Certificate of Incorporation; and said Contractor shall comply with all the laws of the Commonwealth.

16.Liability of Public Officials: To the full extent permitted by law, no official, employee, agent or representative of the Town of West Springfield shall be individually or personally liable on any obligation of the Town under this Contract.

17.Notice: Any notice permitted or required under the provisions of this Contract to be given or served by either of the parties hereto upon the other party hereto shall be in writing and signed in the name or on the behalf of the party giving or serving the same. Notice shall be deemed to have been received at the time of actual service or three (3) business days after the date of a certified or registered mailing properly addressed. Notice to the Contractor shall be deemed sufficient if sent to the address set forth on page 1 of the Contract, and to the Town of West Springfield, Town Hall, 26 Central Street, West Springfield, Massachusetts.

18.Binding on Successors: This Contract shall be binding upon the Contractor, its assignees, transferees, and/or successors in interest (and where not corporate, the heirs and estate of the Contractor).

19.Complete Contract: This instrument together with its endorsed supplements, and the other components of the Contract Documents, constitutes the entire contract between the parties, with no agreements other than those incorporated herein.

20.Contract Type Supplements: The foregoing provisions apply to all contracts to which the Town of West Springfield shall be a party. One of the following "Supplements" must be "checked" as applicable to this Contract, shall be attached hereto, and shall in any event apply as the nature of the Contract requires. The Supplement contains additional terms governing the Contract:

Goods Supplement "G": Applicable to Contracts for the procurement of Goods (governed by the provisions of General Laws Chapter 30B).

Services Supplement "S": Applicable to Contracts for the procurement of Services, (governed by the provisions of General Laws Chapter 30B).

X Construction Supplement "C" Applicable to Contracts for the construction of:

1. Public Buildings and Public Works (governed by the provision of General

Laws Chapter 30B);

2. Public Buildings (governed by the provision of General Laws Chapter

149, Sec. 44A, et seq.); and

3. Public Works (governed by the provisions of General Laws Chapter 30, Sec. 39M, et seq.).

SUPPLEMENT "C"

1. This form supplements the Town of West Springfield, "Contract and General Conditions," and applies only to contracts for the construction, reconstruction, alteration, remodeling or repair of public works or public buildings.

2. Wherever the law requires one contracting with a city or town to be bonded, such obligation shall be understood to be a term and condition of this Contract. The Contractor agrees to secure such bond (where required) and provide an original thereof to the Town of West Springfield prior to the commencement of performance.

3. Equality:

3.1 In the case of a Closed Specification written for a specific item or items to be furnished under the Base Bid, such Specifications shall, as applicable, be in compliance with the Massachusetts General Laws, Chapter 30F Section 39M and Chapter 149, Section 44A et seq.

3.2 Where the name of an item, material or manufacturer is mentioned in the Specifications or on the Drawings, except as above noted, the intent is to establish a standard and in no way should be construed to exclude any item or manufacturer not mentioned by name, but whose product meets the Specifications as to design, utility and quality. Final decision shall rest with the Project Representative as to its acceptability.

4. Change orders to contracts governed by General Laws Chapter 30B may not increase the quantity of goods or services provided by more than twenty five percent (25.0%), in compliance with Section 13 of Chapter 30B.

5. The Contractor will carry out the obligations of this Contract in full compliance with all of the requirements imposed by or pursuant to General Laws Chapter 151, Section 1, et seq. (Minimum Wage Law) and any executive orders, rules, regulations, and requirements of the Commonwealth of Massachusetts as they may from time to time be amended. The Contractor will at all times comply with the wage rates as determined by the Commissioner of the Department of Labor and Industries, under the provisions of General Laws Chapter 149. Section 26 to 27D (Prevailing Wage) as shall be in force and as amended. The Contractor will provide documentation of compliance with prevailing wage law to the Town.

6. The Contractor shall continuously maintain adequate protection of all work from damage and shall protect the property of the Town and others, including adjacent property, from injury or loss arising in connection with the Contract. The Contractor shall make good any such damage, injury or loss, except as may be directly due to errors in the Contract Document or caused by agents or employees of the Town, or due to causes beyond the Contractor's control and not the Contractor's fault or negligence.

7. The Contractor shall take all necessary precautions for the safety of employees on the work, and shall comply with all applicable provisions of federal, state and local laws and codes to prevent accidents or injury to persons on, about or adjacent to the premises where the work is being performed. The Contractor will erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and the public, shall post danger signs warning against the hazards created by such features of construction as pits, protruding nails, hoists, well holes, elevator hatchways, scaffolding, window openings, stairways, and falling materials; and shall designate a responsible member of its organization on the work, whose duty shall be the prevention of accidents.

8. The Town shall at all times have access to the work wherever it is in preparation or progress and the Contractor shall provide suitable accommodations for such access.

9. The Contractor shall appoint a competent superintendent and any necessary assistants satisfactory to the Town.

10. The Contractor shall give efficient supervision to the work, using its best skill and attention. The Contractor shall carefully study and compare all drawings, specifications and other instructions and shall at once report to the Town any error, inconsistency or omission which shall be discovered, but will not be liable to the Town for any damage resulting from errors or deficiencies in the Contract Documents. Included in this responsibility shall he supervision of all work performed by subcontractors on the work.

11. If the Contractor should neglect to prosecute the work properly, or fail to perform the contract or any of its provisions, the Town, upon three days written notice, may, without prejudice to any other remedy it may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor.

12. Inspection by the Town's Project Representative:

12.1 The Town shall have the right to designate a Project Representative who may make periodic visits to the site to familiarize the Town generally with the progress and quality of the work, and to determine in general if the work is proceeding in accordance with the Contract Documents. The Project Representative will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the work, and will not be responsible for the Contractor's failure to carry out the construction work in accordance with the Contract Documents. During such visits and on the basis of these observations while at the site, the Project Representative will keep the Town informed on the progress of the work, will endeavor to guard the Town against defects and deficiencies in the work of contractors, and may condemn structural work as failing to conform to the Contract Documents. The Project Representative shall have authority to act on behalf of the Town only to the extent expressly delegated by the Town, which shall be shown to the Contractor, and shall have authority to stop the work whenever such stoppage may reasonably be necessary to insure the proper execution of the Contract.

12.2 In…