27-0021 Elevator Maintenance and Repairs.pdf

TOWN OF WEST SPRINGFIELD

INVITATION FOR BIDS

CONTRACT AGREEMENT

FOR

IFB # 27-0021

ELEVATOR MAINTENANCE AND REPAIRS

INVITATION FOR BID

ELEVATOR MAINTENANCE AND REPAIRS (IFB #27-0021)

LEGAL ADVERTISEMENT 3

IFB REQUIREMENT SUMMARY 5

GENERAL INFORMATION AND BID SUBMISSION REQUIREMENTS 6

SCOPE OF SERVICES 11

CONTRACTOR REQUIREMENTS 13

RESPONSIBILITIES OF CONTRACTORS 13

RULE FOR AWARD 14

ADDITIONAL CONTRACT TERMS AND CONDITIONS 14

BID FORM 15

BIDDER INFORMATION 20

CERTIFICATE OF NON-COLLUSION 22

TAX COMPLIANCE CERTIFICATION 23

LABOR HARMONY AND OSHA TRAINING CERTIFICATION 24

CERTIFICATE OF COMPLIANCE - PREVAILING WAGE LAW 25

DEBARMENT DISCLOSURE FORM 26

BID SIGNATURE PAGE (Individual) 27

BID SIGNATURE PAGE (Partnership) 28

BID SIGNATURE PAGE (Corporation) 29

APPENDICES

APPENDIX A: CONTRACT & GENERAL CONDITIONS

APPENDIX B: PREVAILING WAGE RATES

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

The Town of West Springfield, through its Central Maintenance Department, is seeking sealed bids from qualified vendors for Elevator Maintenance and Repairs. The contract will run November 1, 2026 through October 31, 2027 with 2 one-year extensions at the sole discretion of the Town. All bids for this project are subject to the provisions of M.G.L. Chapter 149. 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 on Thursday, October 1, 2026, beginning at 8:30 AM at 26 Central

Street, West Springfield, MA 01089, followed by site visits to the Library, High School and Coburn

Elementary. All interested parties shall meet in the first floor lobby.

Any questions concerning this IFB must be sent in writing by 4:00 PM on October 7, 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. All sealed bids should clearly be marked with the name and address of the bidder as well as “IFB# 27-0021 Elevator Maintenance Repairs”. Sealed bids will be received in the Law Department until 10:00 AM on October 16, 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

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 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

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 Title Elevator Maintenance and Repairs

Bid Number 27-0021

Pre-Bid Conference October 1, 2026 at 8:30 AM

Questions Due October 7, 2026 by 4:00 PM

Bids Due October 16, 2026 at 10:00 AM

Services Start Date November 1, 2026

REQUIRED SUBMITTALS

Bid Deposit

Bid Form

Bidder Information

References

Labor Harmony Certification

Debarment Disclosure

Certificate of Compliance - Prevailing Wage

Certificate of Non-Collusion

Tax Compliance Certificate

Applicable Signature Page

Acknowledgement of Addendum (if applicable)

I. GENERAL INFORMATION AND BID SUBMISSION REQUIREMENTS

A. Pre-Bid Conference

There will be a pre-bid walkthrough on Thursday, October 1, 2026, beginning at 8:30 AM at 26 Central Street, West Springfield, MA 01089, followed by site visits to the Library, High School and Coburn Elementary. All interested parties shall meet in the first floor lobby.

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 October 7, 2026. Questions may be delivered, mailed or emailed. Written responses will be emailed to all proposers on record as having registered for 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 registered for 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 10:00 AM, local time, on

October 16, 2026. NO BIDS WILL BE ACCEPTED AFTER THE TIME AND DATE SPECIFIED.

All 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 bids will be received until the same time and date listed above. They can be submitted at: https://www.bidnetdirect.com/massachusetts/townofwestspringfield

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 the bidder’s name and address and be marked: "IFB

#27-0021: Elevator Maintenance and Repairs" 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. Required Forms The bid must include:

1. Bid Deposit

2. Bid Form

3. Bidder Information

4. References

5. Certificate of Non-Collusion

6. Tax Compliance Certificate

7. Labor Harmony & OSHA Certificate

8. Certificate of Compliance - Prevailing Wage

9. Debarment Disclosure

10.Applicable signature page

11.Acknowledgement of Addendum (if applicable)

J. Bid Opening Bids will be opened on October 16, 2026 at 10:00 AM at Town Hall located at 26 Central

Street, 3rd Floor, West Springfield, MA 01089.

K. 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.

L. 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.

M. 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.

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

O. 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 10:00 AM on the next business day. Bids will be accepted until that date and time.

P. 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.

Q. Contract Securities A Payment bond in the amount of 50% of the Contract Price will be required of the

Successful Contractor. Payment Bond 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.

R. Contract Execution When the Town gives a Notice of Award to the Successful Bidder, It shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto. Within 10 days thereafter, the Successful Bidder shall sign and deliver the required number of counterparts of 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. 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.

T. 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.

U. 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.

V. 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.

W. 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.

X. 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 SERVICES

A. Overview

The contract will include the regular systematic inspection, maintenance and repair of both passenger elevators (KONE Traction and ThyssenKrupp Oil-Hydraulic) operated by the Town of West Springfield in the Municipal Office Building, (2) ThyssenKrupp

Oil-Hydraulic elevators at the West Springfield High School, (1) ThyssenKrupp

Oil-Hydraulic elevator at the West Springfield Public Library and (1) Otis Gen 2

Machine-Room-Less (MRL) elevator at Coburn Elementary School. Emergency and non-emergency related repairs will be on an as needed basis. There will be twelve (12) scheduled calls per elevator per year. The contractor shall also contact the Department of Public Safety – Division of Inspection to schedule the state inspection of the elevators.

Inspections and Full Maintenance: ALL elevators will be inspected, cleaned, oil/greased, etc. twelve (12) times a year. The contractor will provide labor for scheduled service and furnish required lubricants to service each of the units once each month. Service to be performed at approximately the same time each month, the first 10 days, so that equipment will be checked approximately every (30) thirty days. At the completion of the monthly inspections, a form written report will be provided to the Central

Maintenance Director. The report will outline, in specifics, all inspection results and a list of corrective actions that should be taken and a quotation for the work to complete these corrective actions. The inspection will include, but is not limited to:

i. Check all operations of elevator

ii. Clean out the pit, remove all debris from pit

iii. Clean and oil machine motor, interlocks and controller

iv. Adjust and lubricate all working parts, including guides

v. Check to make sure elevator stops at each floor safely and correctly

vi. Check all controls (call buttons/switches) at each floor

vii. Test all safety devices and governors

viii. Check tension of all hoisting cables and equalize

ix. Any other regularly accepted practices

The inspections must take place during the first week of each month and must be done between 8:00 AM and 2:30 PM. The Central Maintenance Director must be contacted at least one week prior with the scheduling date.

Should any elevator be shut down for a period exceeding 48 hours (except for pre-scheduled repairs), the maintenance cost will be suspended and the cost for that month will be prorated.

State Inspections: This contractor will include the Annual State Required Safety test, and all Annual Test Permits and fees. Once a year prior to the expiration of the Certificate for

Use, the contractor shall schedule with the State Elevator Inspector and attend an inspection of each elevator. In the event of a failed inspection, the contractor will be held responsible for the re-inspection fee if the cause of the failure is a result of the contractor’s failure to report or repair the problem. If the failure is a result of the Town of West Springfield’s failure to request a repair to a problem that was reported to the

Central Maintenance Director, the Town of West Springfield will be responsible for the re-inspection fee.

Call-Back Services: Vendor must make call-back services available on a 24-hour a day, seven days week basis, for all equipment covered under this specification upon notification by the Town of West Springfield Central Maintenance Director or his designee. The vendor shall attend to all calls within sixty (60) minutes. After each completed call, the contractor shall furnish a written report describing the cause of the elevator failure and the action taken to the Central Maintenance Department.

B. Contract Term Length and Renewal Options

The contract terms will be November 1, 2026 through October 31, 2027. The contract can be terminated for cause at any time, or terminated by the Town of West Springfield on the anniversary dates of November 1, 2028 and November 1, 2029. Contract agreement is also subject to annual appropriation.

C. Pricing and Pricing Formats

All bidders must provide both a unit price and a total price for each item listed on the attached bid pricing sheet. All bid prices must remain firm throughout the contract term. The quoted price may be adjusted annually based on the Contractor’s prevailing cost of labor (wage rate) compared to cost at the beginning of the past year. Notice of such adjustment for a succeeding year shall be sent to the Town of West Springfield sixty

(60) days prior to the anniversary date after which it would become effective.

D. State Wage Rage Requirements

The minimum prevailing wage rates are included in these bidding documents and apply to this project. Annual updates are required to prevailing wage schedules for all public construction projects lasting longer than one year.

III. CONTRACTOR REQUIREMENTS

A. Bidders must provide all items and services as described in Section II: Purchase

Description and comply with all Bid Submission requirements in Section I

A. Bidders must have been in the business of providing the above-listed services for a minimum of ten (10) years.

B. Bidders cannot have a documented negative experience working with the Town previously.

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. RULE FOR AWARD

The contract will be awarded to the responsive and responsible bidder offering the lowest total price for all items in accordance with specifications as required in this bid.

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.

BID FORM

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 27-0021 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. 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.

Year 1 - November 1, 2026 through October 31, 2027

Scheduled Monthly Maintenance (in words)

___________________________________________ Dollars

And _________________________________________ Cents

(in figures)

Labor per Hour Reg. Time M-F 7AM-5PM Estimated 20 hours

Labor per Hour - Overtime M-F 5PM-7AM, Weekends, Holidays

Materials Markup (%) Approx. $2,500 (in words)

___________________________________________ Percent

Materials Markup (%) (in figures)

Total Proposed Contract Price*

Total Proposed Contract Price

*The total Year 1 proposal shall be calculated as the sum of (1) Annual scheduled maintenance for all city building (2) Total Labor Cost (Regular and Overtime Rates x 20 each) and (3) Materials markup x $2,500 (i.e. 10% markup multiple $2,500 x 1.1 to equal $2,750)

Year 2 - November 1, 2027 through October 31, 2028

M-F 5PM-7AM, Weekends, Holidays

(in words)

___________________________________________ Percent

Materials Markup (%) (in figures)

*The total Year 2 proposal shall be calculated as the sum of (1) Annual scheduled maintenance for all city building (2) Total Labor Cost (Regular and Overtime Rates x 20 each) and (3) Materials markup x $2,500

Year 3 - November 1, 2028 through October 31, 2029

M-F 5PM-7AM, Weekends, Holidays

(in numerals)

(in words)

___________________________________________ Percent

Materials Markup (%) (in figures)

(in numerals)

*The total Year 3 proposal shall be calculated as the sum of (1) Annual scheduled maintenance for all city building (2) Total Labor Cost (Regular and Overtime Rates x 20 each) and (3) Materials markup x $2,500

Authorized Signature:

Print Name:

Email Address:

Title:

Date:

BIDDER INFORMATION

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

Number of years contractor has provided elevator maintenance and repairs:

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:

Title:

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.

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 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

(SMALL PUBLIC BUILDING PROJECT)

Contract Number:

Town Department:

Contractor Name:

Contractor Address:

Contractor City, State, Zip:

Contractor Contact Person:

Contact Phone Number:

Contact Email:

Bid Number (if applicable):

Contract Start Date:

Contract End Date:

Purchase Order Number:

Project Name:

This Contract is made as of the date written above by and between the TOWN OF WEST

SPRINGFIELD, a Massachusetts municipal corporation with a principal office at 26 Central Street, West Springfield, Massachusetts 01089 (hereinafter the “Town”) and the Contractor listed above (hereinafter the “Contractor”). In consideration of the mutual covenants contained herein, the parties agree as follows:

1. SCOPE OF WORK.

A. Description of Purchase. The Contractor shall furnish all labor, materials, equipment and insurance to perform all work required for the above-referenced project (the “Project”), in strict accordance with the Contract Documents and all related Drawings and Specifications. The said Documents, Specifications, Drawings and any supplemental general conditions are incorporated herein by reference and are made a part of this Contract.

B. Contract Price. The total price to be paid to the Contractor by the Town, subject to additions and deductions as provided herein, is:

2. COMMENCEMENT AND COMPLETION OF WORK AND LIQUIDATED

DAMAGES. It is agreed that time is of the essence of this Agreement. The Contractor shall commence and prosecute the work under this Agreement upon execution hereof and shall complete the work on or before the “Contract End Date” specified above.

A. Definition of Term. The Term “Substantial completion” shall mean the date certified by the Town when construction is sufficiently complete, in accordance with the Contract Documents, so the Town may occupy the project, or designated portion(s) thereof, for the use for which it is intended.

B. Time as Essential Condition. It is understood and agreed that the commencement of and substantial completion of the work are essential conditions of this Contract.

It is further agreed that time is of the essence for each and every portion of the Contract Documents wherein a definite and certain length of time is fixed for the performance of any act whatsoever; and where under the Contract Documents any additional time is allowed for the completion of any work, the new time fixed by such extension shall be of the essence of this Agreement. It is understood and agreed that the times for the completion of the work are reasonable, taking into consideration the average climatic range and usual industrial conditions prevailing in this locality.

C. Progress and Completion. Contractor shall commence work promptly upon execution of this Contract and shall prosecute and complete the work regularly, diligently and uninterruptedly at such a rate of progress as will insure Substantial Completion within the stipulated number of calendar days.

D. Liquidated Damages. It is expressly agreed between the Contractor and the Town that the Contractor will be responsible for all damages which may arise due to the Contractor’s failure to substantially complete the work within the above specified time. If the Contractor shall neglect, fail or refuse to complete the work within the specified number of days, or any extension thereof authorized by the Town, Contractor agrees, as a part of the consideration for the execution of this Contract by the Town, to pay the Town the amount specified herein, not as a penalty, but as liquidated damages for such breach of contract as hereinafter set forth, for each and every calendar day, excluding Saturdays, Sundays and legal holidays, that the Contractor shall be in default of Substantial completion after the date specified in the Agreement. Due to the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Town would in such event sustain, said amount is agreed to be the amount of damages which the Town would sustain, and said amount shall be retained from time to time by the Town from current periodic estimates. The amount of liquidated damages shall be Dollars ($ ) per day.

3. PERFORMANCE OF THE WORK.

A. Direction of the Work. The Contractor shall supervise and direct the Work, using its best skills and attention which shall not be less than such state of skill and attention generally rendered by the contracting profession for projects similar to the Project in scope, difficulty and location. The Contractor shall maintain adequate supervisory personnel at the project site during the performance of the Work. The Contractor shall be solely responsible for all construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under this Contract.

B. Responsibility for the Work.

i. The Contractor shall be responsible to the Town for the acts and omissions of its employees, subcontractors and their agents and employees, and other persons performing any of the work under a contract with the Contractor.

This obligation shall also extend to the presence on the site of suppliers of materials or equipment, their employees, contractors, and agents engaged in the work.

ii. The Contractor shall not be relieved from its obligations to perform the work in accordance with the Contract Documents either by the activities or duties of the Town in its administration of this Contract, or by inspections, tests or approvals required or performed by persons other than the Contractor.

C. Permits and Fees. Unless otherwise expressly provided, the Contractor shall secure and pay for all permits and fees, licenses and inspections necessary for the proper execution and completion of the work, which are customarily secured after execution of this Contract and the same shall at all times be the property of the Town and shall be delivered to the Town upon completion of the Project.

D. Notices, Compliance with Laws.

i. The Contractor shall give all notices and comply with all federal, state and local laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the performance of the work. The Contractor shall provide the Town with reproductions of all permits, licenses and receipts for any fees paid. The Town represents that it has disclosed to the Contractor all orders and requirements known to the Town of any public authority particular to this Agreement.

ii. If the Contractor observes that any of the Contract Documents are at variance with applicable laws, statutes, codes and regulations in any respect, he shall promptly notify the Town in writing, and any necessary changes shall be accomplished by appropriate modification.

iii. If the Contractor performs any Work which it knows or should know is contrary to such laws, ordinances, rules and regulations, and without such notice to the Town, it shall assume full responsibility therefor and shall bear all costs attributable thereto.

iv. In the performance of the Work, the Contractor shall comply with all applicable federal, state and local laws and regulations including those relating to workplace and employee safety. The Contractor shall notify the Town immediately of any conditions at the place of the work which violate said laws and regulations and shall take prompt action to correct and eliminate any such violations.

E. Project Superintendent. The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site at all times during the progress of the Work. The superintendent shall represent the Contractor and all communications given to the superintendent shall be as binding as if given to the Contractor. Important communications shall be confirmed in writing. Other communications shall be so confirmed on written request in each case.

F. Progress Schedule. The Contractor, immediately after being awarded the Contract, shall prepare and submit for the Town’s information an estimated progress schedule for the Work. The progress schedule shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work.

G. Drawings, Specifications and Submittals.

i. The Contractor shall maintain at the site for the Town one record copy of all Drawings, Specifications, Addenda, Change Orders and other Modifications, and “As-Built” Drawings and Specifications in good order and marked currently to record all changes made during construction, and approved Shop Drawings, Product Data and Samples. These shall be delivered to the Town upon completion of the Work.

ii. By approving and submitting Shop Drawings, Product Data and Samples, the Contractor represents that it has determined and verified all materials, field measurements, and field construction criteria related thereto, or will do so, and that he has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents.

iii. The Contractor shall not be relieved of responsibility for any deviation from the requirements of the Contract Documents by the Town’s approval of Shop Drawings, Product Data or Samples unless the Contractor has specifically informed the Town in writing of such deviation at the time of submission and the Town has given written approval to the specific deviation. The Contractor shall not be relieved from responsibility for errors or omissions in the Shop Drawings, Product Data or Samples by the Town’s approval thereof.

iv. The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data or Samples, to revisions other than those requested by the Town on previous submittals.

v. No portion of the Work requiring submission of a Shop Drawing, Product Data or Sample shall be commenced until the submittal has been approved by the Town. All such portions of the Work shall be in accordance with approved submittals.

H. Protection of the Work and Town’s Property. The Contractor shall at all times safely guard the Town’s property from injury or loss in connection with this Agreement. He shall at all times safely guard and protect his own work, and that of adjacent property from damage. The Contractor shall replace or make good any such damage, loss or injury. The Contractor shall clean the work area and restore it to its original condition upon completion of the work.

I. Quality of the Work. The Contractor shall perform the work in a good, workmanlike manner. The Contractor hereby guarantees that the entire work constructed by him under the Agreement will meet fully all requirements thereof as to quality of workmanship and materials. The Contractor hereby agrees to make at its own expense any repairs or replacements made necessary by defects in materials or workmanship supplied to it that become evident within one (1) year after the date of the final payment, and to restore to full compliance with the requirements set forth herein any part of the work constructed hereunder, which during said one (1) year period is found to be deficient with respect to any provisions of the Contract Documents. The Contractor also agrees to hold the Town harmless from claims of any kind arising from damage due to said defects.

The Contractor shall make all repairs and replacements promptly upon receipt of written orders for same from the Town. If the Contractor fails to make the repairs and replacements promptly, the Town may do the work and the Contractor shall be liable to the Town for the cost thereof.

J. Warranty. The Contractor guarantees to Town that all materials incorporated into the work will be new unless otherwise specified or agreed. Prior to final payment, the Contractor shall deliver to the Town all manufacturers’ warranties, together with such endorsements or assignments as are necessary to ensure to the Town the full rights and benefits of such warranties.

4. SITE INFORMATION NOT GUARANTEED; CONTRACTOR’S

INVESTIGATION. All information given in the Contract Documents relating to subsurface and other conditions, natural phenomena, existing pipes, and other structures is from the best sources at present available to the Town. All such information is furnished only for the information and convenience of the Contractor and is not guaranteed. It is agreed and understood that the Town does not warrant or guarantee that the subsurface or other conditions, natural phenomena, existing pipes, or other structures encountered during construction will be the same as those indicated in the Contract Documents. Contractor has familiarized himself with the nature and extent of the Contract Documents, work, locality, and with all local conditions and federal, state, and local laws, rules, ordinances, and regulations that in any manner may affect costs, progress, or performance of the work. Contractor has made, or has caused to be made, examinations, investigations, and tests and studies of such reports and related data in addition to those referred to in the paragraph above as he deems necessary for the performance of the work at the Contract Price, within the Contract Time, and in accordance with the other Terms and Conditions of the Contract Documents; and no additional examinations, tests, investigations, reports, and similar data are or will be required by the Contractor for such purposes. Contractor has correlated the results of all such observations, examinations, investigations, tests, reports, and data with the Contract Documents. Contractor has given the Town written notice of all conflicts, errors, or discrepancies that he has discovered in the Contract Documents, and the resolution thereof by the Town is acceptable to the Contractor. It is further agreed and understood that the Contractor shall not use or be entitled to use any of the information made available to him or obtained in any examination made by him in any manner as a basis of or ground for any claim or demand against the Town, arising from or by reason of any variance which may exist between the information made available and the actual subsurface conditions or other conditions or structures actually encountered during the construction work, except as may otherwise be expressly provided for in the Contract Documents.

5. PROJECT ARCHITECT OR ENGINEER. If the Town has employed a project architect or engineer, the provisions of this section shall apply. Except as otherwise indicated in the Contract Documents, the Architect/Engineer shall be a representative of the Town and the Contractor shall direct all communications, questions and comments on the work and the performance thereof to the Architect/Engineer. Except as otherwise provided, the Architect/Engineer shall have all the authority of the Town set forth in the Contract Documents. In general, the Architect/Engineer shall have the authority to review the performance of the work, reject work which is defective or otherwise does not comply with the Contract Documents and to order the Contractor to remedy defective work and take such actions which are necessary to make the work conform to the Contract Documents.

6. WAGE RATES. Prevailing Wage Rates as determined by the Commissioner of the Department of Labor and Workforce Development under the provisions of Massachusetts General Laws, Chapter 149, Section 26 to 27G, as amended, apply to this project. It is the responsibility of the Contractor to provide the Town with certified payrolls and to comply with all requirements of the above-cited statutes. The schedules of prevailing wage rates are included in the Contract Documents.

7. CONTRACT DOCUMENTS. “Contract” and “Contract Documents” shall include, in the following hierarchy of document precedence, as applicable: this Contract & General Conditions; instructions to bidders; general specifications; other specifications included in the Town’s invitation for bids or request for proposals; addenda issued during the bidding period; contractor’s entire proposal; bonds and insurance certificates, which documents are incorporated herein by reference. In the event of conflicting provisions, the provisions most favorable to the Town shall govern.

8. PAYMENTS TO CONTRACTOR. After receipt from the Contractor of a proper and satisfactory periodic estimate requesting payment of the amount due for the preceding month, the Town shall have thirty (30) days to make payment for:

A. The work performed during the preceding month.

B. The materials not incorporated in the Work but delivered and suitably stored at the site (or at some location agreed upon in writing) to which the Contractor has title, or to which a Subcontractor has title and has authorized the Contractor to transfer title to the Town.

C. Less the following retention items:

i. A retention based on an estimate of the fair value of the Town’s claims against the Contractor.

ii. A retention for direct payments to Subcontractors, if any, based on demands for same in accordance with the provisions of Section 39F of Chapter 30 of the General Laws.

iii. A retention not exceeding five percent (5%) of the approved amount of the periodic payment.

D. After the receipt of a periodic estimate requesting final payment and within sixty-five (65) days after the Contractor fully completes the Work, or substantially completes the Work so that the value of the Work remaining to be done is, on the estimate of the Town, less than 1% of the original Contract Price, or substantially completes the Work and the Town takes possession or occupancy, whichever occurs first, the Town shall pay the Contractor the entire balance due on the Contract less:

i. A retention based on an estimate of the fair value of the Town’s claims against the Contractor and of the cost of completing the incomplete and unsatisfactory items of work.

ii. A retention for direct payments to Subcontractors, if any, based on demands of same in accordance with the provisions of Section 39F of Chapter 30 of the General Laws, or based on the record of payments by the Contractor to the Subcontractors under this Contract if such record of payment indicates that the Contractor has not paid Subcontractors as provided in Section 39F of Chapter 30 of the General Laws.

The Town may…