27-22-PRCS IFB Manual - Forest River Park Restroom Reno.pdf

City of Salem, Massachusetts

Request for Proposals

IFB No. 27-22-PRCS Forest River Park Restroom Renovation Project

October 14, 2026

FILED SUB-BIDS DUE:

October 28, 2026 11:00am

GENERAL BIDS DUE:

November 10, 2026 11:00am

*Late bids will be rejected

Anthony Delaney Chief Procurement Officer

93 Washington Street, 2nd Floor Salem, MA 01970 adelaney@salem.com

(978) 619-5695 mailto:adelaney@salem.com

INSTRUCTIONS TO BIDDERS

BID NO. 27-22-PRCS

1.01 - PROPOSAL

1. Sealed bids will be received at the time and place as designated by the Owner in the “Invitation For

Bid”.

2. Proposal envelopes shall be clearly marked “Sealed Bid” and addressed to: City of Salem, Purchasing

Department, Salem City Hall, 93 Washington Street, Salem, MA 01970.

3. Bids shall be submitted in duplicate. Bid envelopes shall have bidder’s company name and address on the outside.

4. No claims for immunity or exceptions predicated upon misunderstanding or failure to correctly interpret the “Invitation for Bid” or the contract Documents will be allowed.

1.02 - BID SETS

1. Bid sets will be available at the Purchasing Office, Salem City Hall, 93 Washington Street, Salem, Massachusetts as well as on www.salem.com/bids. There is no cost for copies of the bid sets.

1.03 – PRE-BID CONFERENCES AND SITE VISITS

1. A pre-bid meeting/site visit is scheduled for this project for Wednesday, October 21st, 2026 at 10 a.m.

located at the restrooms at Forest River Park, 32 Clifton Avenue, Salem, Massachusetts.

1.04 - QUALIFICATION AND LICENSING

1. All General Bidders are notified that they must have a Certificate of Eligibility for GENERAL

CONSTRUCTION work from the Massachusetts Division of Capital Asset Management and Maintenance (DCAMM) in accordance with Massachusetts General Laws Chapter 149-Section 44D and as amended by Section 46 of Chapter 48 of the Acts of 1984 when specified in the Invitation to Bid.

A. General Bidders shall submit with their bid proposal a Certificate of Eligibility and an Update

Statement as issued by the Division of Capital Asset Management. Failure to submit this information may result in the rejection of the bid.

2. All Filed Sub Bidders are notified that they must have a Certificate of Eligibility for PLUMBING work from the Massachusetts Division of Capital Asset Management and Maintenance (DCAMM) in accordance with Massachusetts General Laws Chapter 149-Section 44D and as amended by Section 46 of Chapter 48 of the Acts of 1984 when specified in the Invitation to Bid.

B. Filed Sub Bidders shall submit with their bid proposal a Certificate of Eligibility and an Update

Statement as issued by the Division of Capital Asset Management. Failure to submit this information may result in the rejection of the bid.

3. All Bidders are notified that they must be licensed under prevailing state and local laws and regulations http://www.salem.com/ governing the proposed work.

4. All work and materials shall comply in every respect with the building laws, state and town regulations, and the directions of the inspector of buildings and such building laws, regulations and directions are to be considered as a part of the Contract to which it relates.

1.05- BID WITHDRAWAL

1. Withdrawal or modifications to bids will be allowed only if written notice of a Bidder’s desire to withdraw or modify his/her bid is filed prior to the time of bid opening and at the place specified in the request for bids. A notice of a Bidder’s desire to withdraw or modify a bid must be signed by the Bidder or his/her designated representative.

2. No bid may be withdrawn for a period of thirty (30) days after the scheduled closing time for the receipt of bids. The Owner reserves the right to accept or reject in whole or in part any or all bids, or take whatever other action that may be deemed to be in its best interest.

1.06 - LOCATION OF SITE

1. The project location is at Forest River Park located at 32 Clifton Avenue, Salem, Massachusetts.

1.07 – BID/CONTRACT DOCUMENTS

1. The Contract Documents consist of the following:

1. Specifications/Scope of Services.

2. All the terms and conditions as contained and outlined in this IFB.

3. Drawings as indicated in the Specifications, if applicable.

4. Addenda to Specifications and drawings, if any.

5. The sample construction contract agreement.

6. The City issued Purchase Order.

1.06- OWNER

1 Where the term Owner is used in these Specifications, and other Contract Documents, same refers to

City of Salem, Massachusetts, or its authorized representative.

1.09 – ENGINEER/ARCHITECT

1. Where the term Engineer/Architect appears in these Specifications, same refers to DREAM

ARCHITECTS.

1.07- CONTRACTOR

2 Where the term Contractor or General Contractor is used in the Specifications, it shall mean the Contractor mentioned as such in the Agreement.

3 Where reference is made to Subcontractors, such reference is intended for reasons of clarification and the relationship between the Contractor and said Subcontractors shall be in accordance with the General Conditions.

1.11 - EXPLANATION TO BIDDERS

1. No oral interpretation will be made. Any interpretations made to bidders will be in the form of an addendum to the Specifications and Drawings that will be forwarded to all bidders.

2. Discrepancies, omissions or doubts as to the meaning of Specifications and drawings should be communicated at once to the Chief Procurement Officer for interpretation. This request for clarification must be made in writing, via email (adelaney@salem.com), prior to the bid opening. Bidders should act promptly and allow sufficient time for a reply to reach them before the submission of their bids and any interpretation made by the Chief Procurement Officer and/or the Engineer/Architect prior to receipt of bids shall be made a part of the Contract.

3. Requests for clarifications by a prospective Bidder regarding the specifications, or other bid documents must be presented in writing, via email (adelaney@salem.com), to the Chief Procurement Officer before the bids are opened. Requests shall include the project specification name and date, and shall be directed to the Chief Procurement Officer.

4. Verbal explanations or instructions will not be binding during the bidding process. Only written addenda are binding. Written addenda resulting from requests for clarifications will be delivered to all listed holders of the Bid Documents no later than (3) business days prior to the bid opening. Addenda may be issued after this date if deemed to be in the best interests of the City by the Chief Procurement Officer. All Bidders shall acknowledge the receipt of all addenda when submitting their bids.

5. In the absence of an interpretation by the Chief Procurement Officer and/or Engineer/Architect should the Specifications disagree in themselves or with the drawings, the better quality or the greater quantity of work or materials shall be estimated upon and, unless otherwise ordered, shall be furnished.

1.12- CONDITIONS OF WORK

1. Each bidder shall carefully examine the Contract Documents, shall visit the site, and fully inform himself as to all existing and controlling conditions and limitations. The submission of a bid shall be conclusive evidence that the Bidder is familiar with all such conditions, including the nature, amount, and location of the work, the type of facilities needed preliminary to and during the execution of the work, the general and local conditions, labor conditions, and all other matters which might in any way affect or have a bearing on the work or its cost.

2. The Contractor shall include all charges for labor, material, tools, staging, equipment and supervision that he/she deems necessary in order to complete, in a thoroughly professional and expeditious manner, all the work described hereafter. All work shall be according to code and approved by the proper authority. Material having salvage value shall become the property of the City of Salem. All other material and debris accumulated as a result of this operation shall become the property of the contractor and shall be removed from the premises by him/her. The premises are to be clean and neat, to the satisfaction of the City of Salem and/or designated Consultant.

1.13 - PERMITS, FEES AND NOTICES

1. The successful bidder shall secure all permits and licenses necessary for the proper execution and completion of the work.

2. The Owner will waive or pay for, as applicable, fees for all necessary permits.

1.14 - COOPERATION AND COORDINATION

1. The Owner has entered, or may enter, into separate contracts for work related to the work under this specification.

2. The successful bidder shall cooperate with said contractors and coordinate his work with the work of other trades so that construction will proceed in a rapid and orderly fashion.

1.15 - TIMELY COMPLETION AND LIQUIDATED DAMAGES

1. The Contractor shall start the work under this Contract on written notice on or around November 30th, 2026. The Contractor shall start the work at the building on the date set by the Owner and shall continue, without interruption, to completion with all the practical dispatch and regularity. The project shall reach substantial completion no later than March 15th, 2027 and final completion by April 2nd, 2027..

2. Liquidated damages in the amount of $500 per day may be enforced should the Contractor not complete the work in full by the dates stated.

1.16 - CONTRACT FORM

1. The successful Bidder will be notified of the award of the Contract in writing, and shall properly execute a contract in accordance with the construction contract agreement within five (5) working days after receipt of such notification.

1.17 - ADDENDA

1. The Owner may, during the bidding period, advise the Bidders by addenda of additions, omissions, or alterations in the Specifications and drawings. All such changes shall become a part of the contract and shall be included in the work covered by the Proposal.

2. No addenda will be issued later than three (3) days prior to the date set for receipt of bids, unless deemed to be in the public’s best interest to do so by the Chief Procurement Officer.

1.18 - TAXES

1. The Owner is exempt from all purchaser taxes. Tax Exempt Number will be supplied to the successful bidder.

1.19 - PROPOSAL SECURITY

1. Each Bidder shall submit with his bid a Bid Security in the amount of five percent (5%) of the total bid price. The Bid Security shall consist of Cash, Certified Check, or Bidder’s Bond.

1.20 – LABOR/MATERIALS PAYMENT BOND & PERFORMANCE BOND

1. Before Contract signing, the Contractor shall furnish the Owner with a Labor/Materials Payment Bond and a Performance Bond both in the amount of one hundred percent (100%) of the Contract price, to insure completion of work and payment for all labor and materials furnished on the project.

2. The bonds shall be written in conformance with Massachusetts General Laws, Chapter 149, Section 29, as amended.

1.21– CONTRACTOR’S LIABILITY INSURANCE

1. See the insurance requirements and minimum coverage amounts listed in the attached Contract.

1.22 – COMPETENCY OF BIDDERS AND REFERENCES

1. No contract will be awarded to any person, firm, or corporation that is in arrears or is in default to the

Owner upon any debt or contract, or that is a defaulter, as surety or otherwise, upon any obligation to the Owner, or has failed to perform faithfully any previous contract with the Owner.

2. All Bidders must supply a list of references for similar projects performed over the last three years providing names, addresses and contract person with telephone number on each project. This reference list is to be submitted with the bid.

1.23 - AWARD & EXECUTION OF CONTRACT

1. This contract shall be awarded to the lowest responsible and eligible bidder based upon the grand total as indicated on the bid price sheet and as in accordance with MGL Ch. 149. Such a bidder must possess the skill, ability and integrity necessary for the faithful performance of the work and shall establish his ability to comply with the schedule of work outlined in the Contract section. The term “lowest responsible and eligible bidder” as used herein shall mean the bidder whose bid is the lowest of those bidders possessing the skill, ability and integrity necessary for the faithful performance of the work within the time limit allowed.

2. The General Bidder who is selected as General Contractor shall promptly confer with the Owner on the question of Sub-Bidders; shall execute the Agreement with the Owner within five (5) days, Saturdays, Sundays and legal holidays excluded, after presentation thereof in accordance with his General Bid; and shall furnish with the executed Agreement, a Performance Bond and also a Payment Bond, each of which shall be in the sum of 100 percent of the Contract Price, the premiums for which are to be paid by the General Contractor and are included in the Contract Price. The forms for the bonds are contained herein. The Surety company must be qualified to do business under the laws of the Commonwealth of Massachusetts and must be satisfactory to the Awarding Authority. Attorneys-in-fact who sign bonds must file with each bond a certified and effectively dated copy of their power-of-attorney.

3. A selected Sub-Bidder, within five (5) days, Saturdays, Sundays, and legal holidays excluded, after presentation of a Subcontract by the General Bidder selected as General Contractor, shall execute a Subcontract in accordance with the terms of his Sub-Bid and contingent upon the execution of the General Contract and if required, shall furnish a Performance Bond and Payment Bond as prescribed in the Sub-Bid Form. The Form of Subcontracts is contained herein.

4. Subcontracts other than those for which Sub-Bids are required shall be negotiated by the General Contractor who shall furnish a list of all Subcontractors to the Owner, through the Architect, upon request. The receipt of such list, and the approval or absence of approval of any subcontractor on such list, shall not be interpreted as, and shall not constitute, an approval of any such subcontractor by the Awarding Authority under G.L. c. 30, § 39F.

5. The selected General Bidder must agree to commence work within five (5) days of execution of a

General Contract and to substantially complete all Work in accordance with the phasing schedule contained in the Contract Documents.

1.24 – PAYMENT OF MA PREVAILING WAGE

1. Attached copies of Prevailing Wage Rates and the Statement of Compliance forms from Mass. Dept. of Labor and Industries shall apply to the labor required to perform all work. Those rates must be reviewed and complied with. Certified Weekly Payroll documents shall be sent to the Purchasing Office, 93 Washington Street, 2nd Floor, Salem, MA 01970 or emailed directly to adelaney@salem.com. They shall be sent Three (3) business days after the close of the previous workweek.

1.26. CORI

1. Within one week upon request by the City of Salem, the company shall submit, in writing, the names of all persons authorized to perform the work as described in the Scope of Services under this contract.

Accompanying each name shall be a completed CRIMINAL OFFENDER RECORD INFORMATION (CORI) ACKNOWLEDGEMENT FORM (See Attached) and a photocopy of the driver’s current appropriate license. Only those persons submitted to the City may perform the work as needed.

1.27 PREPARATION OF GENERAL BIDS AND FILEDSUB-BIDS

A. Each General Bid and each Filed Sub-Bid shall be submitted on the prescribed FORM FOR GENERAL BID and FORM FOR SUB-BID respectively.

B. Each General Bid and each Filed Sub-Bid shall submit one original and one copy of their bid to the

City.

C. Every bid which is not accompanied by a bid deposit, in the amount of five percent (5%) of the total bid price, or which does not otherwise conform to sections 44A-44H, inclusive, of Chapter 149 of the General Laws, or which is on a form not completely filled in, or which is incomplete, conditional or obscure, or which contains any addition not called for, will be rejected. All blank spaces on the bid form shall be filled in, in ink or type- written, in words and figures, without alterations or erasures. Use figures alone only where no space is provided for words. Every bid shall be signed in longhand by the Bidder and shall give the Bidder’s business address.

D. All bids for this Project are subject to the provisions of Massachusetts General Laws (Ter. Ed.), Chapter 30, Section 39M as amended and Chapter 149, Sections 44A through 44L inclusive and Chapter 149, Sections 26 through 27D inclusive.

1.28 SUBMISSION OF FILED –SUB BIDS

A. Each Sub-Bid for sub-trades designated in Item 2 of the FORM FOR GENERAL BID shall be submitted upon the FORM FOR SUB-BID. All blank spaces shall be filled in, in ink or typewritten, in words or figures without alterations or erasures. Use figures alone only where no space is provided for words.

Sub-Bids must be signed by the Sub-Bidder in longhand and shall give the sub-bidder’s business address. The FORM FOR SUB-BID, including the required Bid Security, shall be enclosed in a sealed envelope with the following plainly marked on the outside:

FROM: Bidder's Name and Business Address SUB-BID FOR PLUMBING (Section 220000)

FOREST RIVER RESTROOM RENOVATIONS

1. Each Sub-Bidder shall include the following forms with their bids:

a. Form for the Sub-Bid

b. Bid Security

c. DCAMM Certificate of Eligibility

d. Contractor Update Statement, DCAMM Form

2. Each Sub-bid must include a DCAMM Certificate of Eligibility and DCAMM Update Statement, as indicated above. Failure to submit these documents with the sub-bid shall result in rejection of the sub-bid.

B. If the Bid is mailed, the Sub-Bidder shall enclose his sealed Bid in an outer envelope, addressed as follows:

FROM: Filed Sub- Bidder's Name and Business Address

FOREST RIVER RESTROOM RENOVATIONS

TO: PO Box 928 Salem Post Office Salem, MA 01970

1.29 SUBMISSION OF GENERAL BIDS

A. For each Bid, the General Contractor shall use a responsive and eligible Sub-Bidder for each Sub-Bid category.

B. Each General Bid shall be submitted on the FORM FOR GENERAL BID furnished by the Owner, or copied from the bound Project Manual. All blank spaces shall be filled in, in ink or typewritten, in words or figures without alterations or erasures. Use figures alone only where no space is provided for words.

The FORM FOR GENERAL BID must be signed in longhand by the General Bidder and shall give the general bidder’s business address. The Form for General Bid, including the Bid Security, shall be enclosed in a sealed envelope with the following plainly marked on the outside:

GENERAL BID FOR:

PROJECT #27-22-PRCS FOREST RIVER PARK RESTROOM RENOVATIONS

If the Bid is mailed, the Bidder shall enclose his sealed Bid in an outer envelope, addressed as follows:

FROM: General Bidder's Name and Business Address

XX

To: Anthony P. Delaney Salem City Hall 93 Washington St.

Salem, MA 01970

1. Each General Bidder shall include the following with their Bid:

a. Form for the General-Bid

b. Bid Security

c. DCAMM Certificate of Eligibility

d. Contractor Update Statement, DCAMM Form

C. As required by M.G.L., c. 149, Section 44D, every General Bid must be accompanied by a Certificate of Eligibility issued by the Division of Capital Asset Management. Each General Bid shall also be accompanied by an updated statement on the form prescribed by said Division. Any General Bid submitted without the appropriate Certificate and update statement shall be invalid.

D. All bidders are cautioned to allow ample time for transmittal of Bids. Bids received after the specified time and date will not be accepted nor recognized. The time of receipt will determine the acceptability of mailed bids, regardless of postmark.

E. Any bid may be withdrawn prior to the time scheduled for the opening of such bids or authorized postponement thereof. No bid may be withdrawn for thirty (30) days, Saturdays, Sundays and legal holidays excluded, after opening of General Bids. No telephone or telegraphic bid, change in bid or withdrawal of bid will be received nor recognized.

1.30 FILED-SUB BID PROCEDURES

A. Every Sub-Bidder filing a Sub-Bid with the Awarding Authority shall be bound thereby to every General Bidder not expressly excluded therein, and any variance from such Sub-Bid communicated to a General Bidder shall be of no effect.

B. Within two (2) days, Saturdays, Sundays and legal holidays excluded, after opening of Sub-Bids, the Awarding Authority will reject every Sub-Bid which is not accompanied by a Bid Security, or which is on a form not completely filled in, or which is incomplete, conditional or obscure, or which contains any addition not called for. However, failure of the Awarding Authority to reject such a Sub-Bid within such period shall not validate such a Sub-Bid nor preclude the Awarding Authority from subsequently rejecting it.

C. Not later than the second day, Saturdays, Sundays and legal holidays excluded, before the day fixed by the Awarding Authority for the opening of General Bids, the Awarding Authority will provide to every person on record as having taken a set of Bidding Documents, a list of Sub-Bidders arranged by Sub- Trades and listing for each sub-trade, the name, address and Sub-Bid price of every Sub-Bidder submitting a Sub-Bid thereon not rejected by the Awarding Authority, and the names of all General Bidders expressly precluded from using such Sub-Bid.

D. A person shall not be named by a General Bidder as a Sub-Bidder for a sub-trade in Item 2 of the Form for General Bid unless such person is included for such sub-trade in the list of sub-bidders.

E. No valid General Bid will be rejected because of errors in the Sub-Bid list or because of any invalid action of the Awarding Authority in connection with Sub-Bids.

F. If no sub-bid is filed for a sub-trade designated in the General Bid Form or if the only sub-bids which are filed are restricted to the use of one or more General Bidders, the Awarding Authority may state, in an addendum issued with the list of Sub-Bidders, that the General Bidder shall include in the cost of his own work an amount to cover all the work required for any such sub-trade. The General Contractor shall cause the work covered by such sub-trade to be done by a qualified and responsible sub-contractor, subject to the written approval of the Awarding Authority. If the Awarding Authority determines that any subcontractor chosen by the General Contractor under this section is not qualified or responsible, the General Contractor shall obtain another sub-contractor who is satisfactory to the Awarding Authority with no adjustment in the General Contractor’s price.

G. If a rejection of all Sub-Bids for a sub-trade designated in Item 2 of the Form for General Bid occurs for the reasons stated in G.L.c.149 §44F(4)(a)(2), the Awarding Authority will state in an Addendum issued with the list of Sub-Bidders, the amount to be included by each General Bidder under Item 2 of the Form For General Bid for such sub-trade; and without affecting other Sub-Bidders in any way, who have conformed to the prescribed bidding procedure, new Sub-Bids for such sub-trade will be requested by written invitation to three (3) or more qualified Sub-Bidders and will be publicly opened and read by the

Awarding Authority at a time and place to be specified in such invitation. In such case, the Contract Price will be adjusted by the difference between the Filed Sub-Bid of the lowest responsible and eligible Sub- Bidder and the amount stated in the Addendum for such work.

H. If a selected Sub-Bidder fails within five (5) days, Saturdays, Sundays and legal holidays excluded, after presentation of a Subcontract by the General Bidder selected as the General Contractor, to perform his agreement to execute a Subcontract in the form set forth herein with such General Bidder, contingent upon the execution of the General Contract, and, if required to do so pursuant to the pre-qualification process under section 44D 3/4 of Chapter 149 of the General Laws, or if required to do so by such General Bidder in the General Bid, to furnish a Performance and Payment Bond as stated in his Sub-Bid, such General Bidder and the Awarding Authority shall select, from the other Sub-Bidders, the lowest responsible and eligible Sub-Bidder at the amount named in his Sub-Bid against whose standing and ability the General Contractor makes no objection, and the Contract Price will be adjusted by the difference between the amount of such Sub-Bid and the amount of the Sub-Bid of the delinquent Sub- Bidder.

FORM FOR GENERAL BID

To: City of Salem, Massachusetts, Awarding Authority

From: ___________________________________________________________________ Contractor

A. XX:

1. BASE BID: The undersigned proposes to furnish all labor and materials required for Project located in Salem, Massachusetts, in accordance with the accompanying plans and specifications prepared by Johnson Roberts Assoc., Inc. specified below, subject to additions and deductions, if applicable, according to the terms of the specifications, for the lump sum price of

____________________________________________________________________ Dollars

(Total contract price in words, which governs)

(Total contract price amount in numbers)

B. ADDENDA: This Bidder has received, and this bid includes, the following addenda of which receipt is hereby acknowledged:

Date Number

C. SUB-DIVISION OF BID: The sub-division of the Proposed Contract Price is as follows:

Item 1: The work of the General Contractor, being all work other than that covered by Item 2:

_____________________________________________________________ Dollars (Total contract price in words, which governs)

Item 2: The work of the Sub-Bidders Indicated by Class of Work and Name of Filed Sub-Bidder.

Trade and Name of Sub-Bidder Amount Bond Required

_____________________________ $ _________________ Yes/No

Bidder shall circle YES or NO indicating whether a bond is required. Failure to circle any or all spaces in the Bonds Required will be construed as an entry of the word “NO”.

D. FILED SUB BIDDERS: The undersigned agrees that each of the above named sub-bidders will be used for the work indicated at the amount stated, unless a substitution is made. The undersigned further agrees to pay the premiums for the performance and payment bonds furnished by sub-bidders as requested herein and that all of the cost of all such premiums is included in the amount set forth in Item 1 of this bid.

The undersigned agrees that if he is selected as general contractor, he will promptly confer with the awarding authority on the question of sub-bidders; and that the awarding authority may substitute for any sub-bid listed above a sub-bid filed with the awarding authority by another sub-bidder for the subtrade against whose standing and ability the undersigned makes no objection; and that the undersigned will use all such finally selected sub-bidders at the amounts named in their respective sub-bids and be in every way as responsible for them and their work as if they had been originally named in this general bid, the total contract price being adjusted to conform thereto.

E. CONTRACT: The undersigned agrees that, if he is selected as general contractor, he will within ten

(10) days, Saturdays, Sundays and legal holidays excluded, after presentation thereof by the awarding authority, execute a contract in accordance with the terms of this sub-bid and furnish a performance bond and also a labor and materials or payment bond, each of a surety company qualified to do business under the laws of the Commonwealth and satisfactory to the awarding authority and each in the sum of the contract price, the premiums for which are to be paid by the general contractor and are included in the contract price.

F. EXAMINED CONDITIONS & DOCUMENTS: The undersigned Bidder hereby declares that he has visited the site, the conditions present, and has carefully examined the Contract Documents, together with all Addenda issued, received and acknowledged below, and has familiarized himself with the legal requirements (federal, state, and local laws, ordinances, and rule and regulations) and other conditions which may affect the cost, progress or performance of Work, and has made independent investigations, deemed necessary by the Bidder.

G. LABOR: The undersigned hereby certifies that he is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed on the work and that he will comply fully with all laws and regulations applicable to awards made subject to section forty-four A of Chapter 149 of the Massachusetts General Laws.

H. CERTIFICATE OF ELIGIBILITY: The undersigned has included with this Bid his Certificate of Eligibility and Update Statement as required by the General Laws.

I. NON-COLLUSION CERTIFICATION: The undersigned certifies under the penalties of perjury that this bid is in all respects bona fide, fair and made without collusion or fraud with any other person. As used in this Paragraph, the word "person" shall mean any natural person, joint venture, partnership, corporation, or other business or legal entity.

J. OSHA COMPLIANCE CERTIFICATION: The undersigned agrees that if he is selected as the contractor, he will comply with the provisions of M.G.L. Chapter 30, Section 39S. The undersigned certifies, under penalties of perjury, that he is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed on the work; 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 that all employees to be employed in the work subject to this bid 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.

K. TAXES: As required by MGL, Chapter 62C, s49A, the undersigned certifies that the bidder has complied with all laws of the Commonwealth relating to taxes.

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

M. TIME OF COMPLETION: If selected Contractor the undersigned agrees to begin and complete the work as specified in the Contract Documents.

N. AUTHORITY RIGHTS: The Bidder understands the Awarding Authorities right to reject any and all bids.

Should the Invitation to Bid, Instruction to Bidders, Form For General Bid, Conditions of the Contract, Plans or Specifications require submission of special data to accompany the Bid, the Awarding Authority reserves the right to rule the bidder’s failure to submit such data an informality and to receive said data subsequently, within a reasonable time as set by the Authority.

The Bidder acknowledges that no proposal may be withdrawn for 30 days, Saturdays, Sundays, and legal holidays excluded, after opening of bids per MGL c. 149, 44A(3).

Date: ____________________________

Name of Bidder: ____________________________

By: ____________________________ ________________________________

(Signature) (Title of Person Signing Bid)

(Business Address)

(City and State)

Telephone Fax E-Mail

FORM FOR SUB- BID

To: City of Salem, Massachusetts, Awarding Authority

To: All General Bidders Except those Excluded:

A. N/A

1. SECTION NUMBER:

2. SECTION NAME:

3. BASE BID: The undersigned proposes to furnish all labor and materials required for Project located in Salem, Massachusetts, in accordance with the accompanying plans and specifications prepared by Johnson Roberts Assoc., Inc. specified below, subject to additions and deductions according to the terms of the specifications, for the lump sum price of”

____________________________________________________________________ Dollars

(Total contract price in words, which governs)

B. ADDENDA: This Bidder has received, and this bid includes, the following addenda of which receipt is hereby acknowledged:

Date Number

C. EXLUSIONS: This Sub-Bid

May be used by any General Bidder except:

May only be used by the following General Bidders:

(To exclude general bidders, fill in the blank lines above. Do not answer “C” if no general bidders are excluded.)

D. SUB-SUB-BID LISTING: The names of all persons, firms and corporation furnishing to the undersigned labor or labor and materials for the class or classes or part thereof of work for which the provisions of the Section of the Specifications for this sub-trade require a listing in this paragraph (including the undersigned if customarily furnished by persons on his own payroll and in the absence of a contrary provision in the specifications), the name of each such class of work or part thereof and the bid price for each such class of work or part thereof are:

Name of Sub-Sub-Bidder Class of Work Amount (Do not give bid price for any class or part thereof furnished by the undersigned.)

The undersigned agrees that the above list of bids to the undersigned represents bona fide bids based on hereinbefore described plans, specifications, and addenda, and that, if the undersigned is awarded the contract, they will be used for the work indicated at the amounts stated, if satisfactory to the awarding authority.

E. EXECUTION OF CONTRACT: The undersigned agrees that, if he is selected as a sub-bidder, he will, within five (5) days, Saturdays, Sundays, and legal holidays excluded, after presentation of a subcontract by the General Bidder selected as the General Contractor, execute with such General Bidder a subcontract in accordance with the terms of this sub-bid and contingent upon the execution of the General Contract, and, if pre-qualification is required pursuant to G.L.c.149, §44D 3/4, or if requested so to do in the general bid by such General Bidder, who shall pay the premiums therefore, furnish a performance bond, also a labor and materials payment bond, each of a surety company qualified to do business under the laws of the Commonwealth and satisfactory to the Awarding Authority, and each in the full sum of the subcontract price.

The undersigned further agrees to be bound to the general contractor by the terms of the hereinbefore described plans, specifications, including all general conditions stated therein, and addenda, and to assume toward him all the obligations and responsibilities that he, by those documents, assumes toward the owner

F. Examined Conditions and Documents: The undersigned Bidder hereby declares that he has visited the site, the conditions present, and has carefully examined the Contract Documents, together with all Addenda issued, received and acknowledged below, and has familiarized himself with the legal requirements (federal, state, and local laws, ordinances, and rule and regulations) and other conditions which may affect the cost, progress or performance of Work, and has made independent investigations, deemed necessary by the Bidder

The undersigned agrees that the above list of bids to the undersigned represents bona fide bids based on the hereinbefore described plans, specifications and addenda and that, if the undersigned is awarded the contract, they will be used for the work indicated at the amounts stated, if satisfactory to the awarding authority.

G.CERTIFICATE OF ELIGIBILITY: The undersigned has included with this Bid his Certificate of Eligibility and Update Statement as required by the General Laws.

H. TAXES: As required by MGL, Chapter 62C, s49A, the undersigned certifies that the bidder has complied with all laws of the Commonwealth relating to taxes.

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

J. LABOR: The undersigned hereby certifies that he is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed on the work and that he will comply fully with all laws and regulations applicable to awards of subcontracts subject to section 44 F of Chapter 149 of the Massachusetts General Laws.

K. NON-COLLUSION The undersigned further certifies under the penalties of perjury that this sub-bid is in all respects bona fide, fair and made without collusion or fraud with any other person. As used in this subsection the word “person” shall mean any natural person, joint venture, partnership, corporation or other business or legal entity.

L. OSHA COMPLIANCE CERTIFICATION: The undersigned agrees that if he is selected as the contractor, he will comply with the provisions of M.G.L. Chapter 30, Section 39S. The undersigned certifies, under penalties of perjury, that he is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed on the work; 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 that all employees to be employed in the work subject to this bid 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.

M. The undersigned offers the following information as evidence of his qualifications to perform the work as bid upon according to all the requirements of the plans and specifications:

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

2. Ever failed to complete any work awarded?_______________

3.List one or more recent buildings with names of the general contractor and architect on which you served as a sub-contractor for work of similar character as required for the above-named building.

Building Architect General Contractor Amount of Contract

(a) ___________________________________________________________________________________

(b) ___________________________________________________________________________________

(c) ___________________________________________________________________________________

4. Bank reference ___________________________________________

Date: ________________________________

Name of Bidder: ________________________________

By: ________________________________ ______________________________

(Signature) (Title of Person Signing Bid)

(Business Address)

(City and State)

Telephone Fax E-Mail

Town and State NOTE: This proposal must bear the written signature of the bidder. If the bidder is a partnership, the proposal must be signed by a partner. If the bidder is a corporation, the proposal must be signed by a duly authorized officer or agent of such corporation.

FOREST RIVER RETROOM RENOVATIONS

32 CLIFTON AVENUE

SALEM, MA

IFB No. 27-22-PRCS

REFERENCES FORM

Bidders Name:_____________________________________________________ Bidders Address:___________________________________________________

Bidder must provide references for similar type projects performed within the past three years.

Attach additional pages if necessary.

Reference:___________________________________ Contact:______________ Address: ____________________________________ Phone: _______________ ____________________________________________ Fax: _________________ Description and date of Project:_________________________________________

Reference:___________________________________ Contact:______________ Address: ____________________________________ Phone: _______________ ____________________________________________ Fax: _________________ Description and date of Project:_________________________________________

Reference:___________________________________ Contact:______________ Address: ____________________________________ Phone: _______________ ____________________________________________ Fax: _________________ Description and date of Project:_________________________________________

Reference:___________________________________ Contact:______________ Address: ____________________________________ Phone: _______________ ____________________________________________ Fax: _________________ Description and date of Project:_________________________________________

USE ADDITIONAL PAGES IF NECESSARY

CORPORATE VOTE

At a duly authorized meeting of the Board of Directors of ______________________________ _______________________________ held on ________________________ at which all the Directors were present or waived notice, it was voted that ______________________________, __________________________ of this company, be and he/she hereby is authorized to execute contracts and bonds in the name and behalf of said company, and affix its Corporate Seal thereto, and such execution of any contract or obligation in this company’s name on its behalf by ___________________________________, shall be binding upon this company.

A TRUE COPY ATTEST:

Clerk, Date of this Contract

I hereby certify that I am the Clerk of ____________________________________, that _________________________________ is duly elected ________________________ of said company, and the above vote has not been amended or rescinded and remains in full force and effect as of the date of this contract.

Clerk Corporate Seal

SWORN TO AND SUBSCRIBED BEFORE ME THIS _________ DAY OF _______________,

Notary Public

If a corporation, complete above or attach to each signed copy of the bid/written request/quotation, a notarized copy of vote of corporation authorizing the signatory to sign this bid/written request/quotation form. If attesting clerk is the same person as the individual executing this contract, have signature notarized above.

CONTRACT NO. 27-22-PRCS

CITY OF SALEM

CONTRACT FOR SERVICES

Over $10,000

This agreement is made and entered into by and between the City of Salem (hereinafter the CITY), a municipal corporation organized and existing under the laws of the Commonwealth of Massachusetts, and _________________ (hereinafter the CONTRACTOR).

ARTICLE I. DEFINITION.

This CONTRACT as used herein shall mean these articles, and the “contract documents” which include but are not limited to the following identified items and all documents, and forms submitted therewith, or attached hereby.

Attachment A: Scope of Services, and/or other bid package materials Attachment B: Additional Contract Terms and Conditions Attachment C: Statement of Corporate Authority Addenda: ___________

ARTICLE II. AMOUNT AND DURATION.

This CONTRACT in an amount not to exceed $________ shall commence on or about ________ and shall terminate no later than ___________, unless a written amendment to renew or extend this CONTRACT is executed in accordance with the provisions of this CONTRACT.

ARTICLE III. PERFORMANCE.

The Contractor agrees to provide all goods and/or services set forth in Invitation for Bids, Documents, Scope of Services, and the CONTRACTOR’s bid _____ and/or as outlined in ATTACHMENT A - SCOPE OF SERVICES.

ARTICLE IV. TERMINATION.

Without Cause. The CITY may terminate this CONTRACT on sixty (60) calendar days notice, or may suspend this CONTRACT for up to sixty (60) calendar days upon receipt of notice, when in the best interests of the City by providing notice to the CONTRACTOR, which shall be in writing and shall be deemed delivered and received when given in person to the CONTRACTOR, or when received by fax, express mail, certified mail return receipt requested, regular mail postage prepaid or delivered by any other appropriate method evidencing actual receipt by the CONTRACTOR.

For Cause. If the CONTRACTOR is determined by the CITY to be in default of any term or condition of CONTRACT, the CITY may terminate this contract on thirty (30) days notice by providing notice to the CONTRACTOR, which shall be in writing and shall be deemed delivered and received when given in person to the CONTRACTOR, or when received by fax, express mail, certified mail return receipt requested, regular mail postage prepaid or delivered by any other appropriate method evidencing actual receipt by the CONTRACTOR. If the CITY is determined by the CONTRACTOR to be in default of any term or condition of this CONTRACT the CONTRACTOR may terminate this contract on thirty

(30) days notice by providing notice to the CITY, which shall be in writing and shall be deemed delivered and received when given in person to the CITY, or when received by fax, express mail, certified mail return receipt requested, regular mail postage prepaid or delivered by any other appropriate method evidencing actual receipt by the CITY.

Default. The following shall constitute events of default under this CONTRACT: a) any material misrepresentation made by the CONTRACTOR to the CITY, b) any failure to perform any of its obligations under this CONTRACT including, but not limited to the following: (i) failure to commence performance of this CONTRACT at the time specified in this CONTRACT due to a reason or circumstance within the CONTRACTOR'S reasonable control, (ii) failure to perform this CONTRACT with sufficient personnel and equipment or with sufficient material to ensure the completion of this CONTRACT within the specified time due to a reason or circumstance within the CONTRACTOR'S reasonable control,

(iii) failure to performance this CONTRACT in a manner reasonably satisfactory to the CITY, (iv) failure to promptly re-perform with reasonable time the services that were rejected by the CITY as unsatisfactory, or erroneous, (v) discontinuance of the services for reasons not beyond the CONTRACTOR'S reasonable control, (vi) failure to comply with a material term of this CONTRACT, including, but not limited to, the provision of insurance and nondiscrimination, and

(vii) any other acts specifically and expressly stated in this CONTRACT as constituting a basis for termination of this CONTRACT, and (viii) failure to comply with any and all requirements of state law, and/or regulations, and City ordinances, and/or regulations.

ARTICLE V. REMEDIES OF THE CITY.

The CITY may deduct the cost of any substitute contract or performance for expenses, losses, and all damages, including incidental and consequential damages as a result of any event of non-conformance or non-performance of the CONTRACTOR in complying with the terms of this CONTRACT, and shall withhold such expenses, losses, and damages from sums due, or to become due.

ARTICLE VI. REMEDIES OF THE CONTRACTOR.

If the damages, other than loss, non-conformance, or non-performance, are actually sustained by the CONTRACTOR due to any act or omission for which the CITY is legally responsible the CITY shall allow a sum equal to the amount of such damages sustained by the Contractor as determined by the CITY in writing, provided the Contractor shall have provided to all signatories of the contract a detailed written statement of such damages and cause thereof within 30 days of the act of omission by the CITY.

ARTICLE VII. ASSIGNABILITY.

The CONTRACTOR shall not assign, subcontract or in any way transfer any interest in this contract without the prior written consent of the Procurement Officer of said City. In the event of such occurrence the City reserves the right to deal with any assignee subcontractor or transferee directly and the contractor agrees to remain bound by all terms and conditions of this contract in accordance with its original tenor. The provisions of this CONTRACT shall be binding upon, and shall inure to the benefit of, the successors and assigns of the CONTRACTOR and any public body or bodies succeeding the interests of the CITY.

ARTICLE VIII. INDEMNIFICATION.

The CONTRACTOR shall assume the defense, indemnify and hold harmless the CITY, the CITY'S agents and employees, from and against all losses and all claims, demands, payments, suits, actions, recoveries and judgments of every nature and description brought or recovered against them by reason of acts, in actions, omissions, negligence, reckless or intentional misconduct of the said CONTRACTOR, its agent(s), officers, employees, or subcontractors; in the execution of the work or in guarding the same. Unless otherwise provided by law, the CITY may elect to indemnify the CONTRACTOR for claims arising in tort if it is determined that the CONTRACTOR performed its obligations under this CONTRACT pursuant to the direct supervision and control of the CITY or its designated agent(s).

ARTICLE IX. WORKER’S COMPENSATION AND OTHER INSURANCE.

The CONTRACTOR shall provide by insurance for the payment of compensation and the furnishing of other benefits under Chapter 152 of the General Laws of Massachusetts (The Worker's Compensation Act) to all employees of the CONTRACTOR who are subject to the provisions of Chapter 152 of the General Laws of Massachusetts.

Failure to provide and continue in force such insurance during the period of this contract shall be deemed a material breach of this contract, shall operate as an immediate termination thereof, and CONTRACTOR shall indemnify the CITY for all losses, claims, and actions resulting from the failure to provide the insurance required by this Article.

Prior to commencement of any work and until completion of its work under this CONTRACT shall maintain the following insurance coverage, at its cost, from insurance acceptable to the CITY, giving evidence of…