27-303-003_ContractBook_Color.pdf

COPY NO.

PROPOSAL NO.

BOSTON WATER AND SEWER COMMISSION

CONTRACT NO. 27-303-003

FOR

RECONSTRUCTION OF

DRAINAGE AND SEWERAGE WORKS

EXECUTIVE DIRECTOR

HENRY F. VITALE

September 2026

CHIEF OF OPERATIONS

CHASE P. BERKELEY, P.E.

CHIEF OF OPERATIONS

OPERATIONS DIVISION

980 HARRISON AVENUE, BOSTON, MASSACHUSETTS 02119

PROPOSAL, CONTRACT

AND SPECIFICATIONS

FOR

RECONSTRUCTION OF DRAINAGE AND SEWERAGE WORKS

IN

THE CITY OF BOSTON

OPERATIONS DIVISION

980 HARRISON AVENUE, BOSTON, MASSACHUSETTS 02119

i

TABLE OF CONTENTS

ITEM

Purchasing Department Bid Information 1

Information for Bidders 2

IB.1 General Description and Location of Work 2 IB.2 Bidding Information 2 IB.3 Use and Calculation of Unit Prices 5 IB.4 Permits and Fees to be Responsibility of Commission 5 IB.5 Substitution of Equal Items for Specified Items 5 IB.6 Determination of Equality 6 IB.7 Retail Sales Act Exemption 7 IB.8 Special Duty Police 7 IB.9 Time for Commencement and Completion of Work 8 IB.10 Minority Employee Utilization Requirement 8 IB.11 Minority Business Enterprise/Women Business Enterprise Requirements 8 IB.12 CDL Drug and Alcohol Testing Requirements 9 IB.13 Price Adjustment – Diesel Fuel; Gasoline and Liquid Asphalt and Portland 10 IB.14 Large Vehicle Protective Devices, Convex Mirrors, Convex Cross-Over Mirrors and Safety Devices Compliance 13 IB.15 State Tax Compliance Certificate 13

Proposal and Contract 14

I. Proposal 14

1.1 Interested Persons 14

1.2 Execution and Delivery of Contract, Performance Bond

and Payment Bond 14

1.3 Bid Deposit 15

1.4 Documents Included in Contract 16

1.4.1 Labor 16

1.5 Time of the Essence, Liquidated Damages 16

1.6 Contract Price 17

1.7 Bidder's Certification Statement 17

1.8 Bidder's M/WBE Certification Statement 18

ii

Identification of Bidder 19

Certificate of Authority 19

II. Contract 22

Article I - The Contract Documents 22

Article II - The Work 23 Article III - The Contract Price 23

Article IV - Payment of the Contract Sum 23

4.1 Progress Payments 23

4.2 Final Payments 24

Article V– Obligation of Contractor to Perform 25

5.1 Responsibility of Contractor for Errors;

Indemnification by Contractor 25

5.1.1 Indemnification 25

5.2 Performance in Accordance with Specifications 27

5.3 Change Orders 28

5.4 Variation in Specified Amounts of Materials 29

5.5 Claims for Loss, Damage, Extra Cost or Injury 29

and Extensions of Time

5.6 Materially Different Subsurface and Latent 30

Physical Conditions

5.7 Full Compliance with Specifications 30

5.8 Function of Commission Engineers 31

5.9 Employment of Commission Personnel 31

Article VI-Authority of Executive Director 31

6.1 Contract Interpretation 31

6.2 Duties and Authority of Commission Engineers 32

and Inspectors

6.3 Access to Construction Site 32

6.4 Inspection of Off-Site Materials 33

6.5 Supervision by Contractor 33

Article VII- Requirements of Department of Labor 34 And Industries and MCAD iii

7.1 Compliance with Labor Laws 34

7.2 Employment Preference 34

7.3 Maximum Hours 35

7.4 Minimum Wage Rates 35

7.5 Payment of Health and Welfare Wage Rates 35

Article VIII- Minority Participation 36

8.1 Definitions 36

8.2 Minority Employee Utilization (Labor) 36

Article IX – Residents Job Policy 40

9.1 Definitions 40

9.2 General Policy Statement 41

9.3 The BWSC Residents Job Policy 41

9.4 Organizational Procedures 42

Article X – Utilization of Minority-Owned Business 43 Enterprises and Women-Owned Business Enterprises

10.1 Definitions 43

10.2 Goals 44

10.3 Indemnification of M/WBEs 44

10.4 Material Breach 46

10.5 Waiver of Modification 46

Article XI- Department of Telecommunications and Energy 46 Department of Labor and Industries

11.1 Transportation Charges 46

Article XII – Subcontractors 47

12.1 Payment of Subcontractors 47

12.2 Payment for Labor and Materials by Contractor 49

Article XIII – Insurance 50

13.1 Liability Insurance 50

13.2 Workman’s Compensation and Employer’s Liability Insurance 51

13.3 Certificate of Compliance 51

13.4 Effect of Failure to Continue Insurance in Force 52

13.5 Authorized Insurers 52

13.6 Identification of Insurance Carrier 52

iv

Article XIV- Satisfactory Performance; Remedy for 52 Defective Work

14.1 Defective and Unauthorized Work 52

14.2 Termination by the Commission for Cause 53

14.3 Payment Following Termination 54

Article XV – Final Inspection and Acceptance;

Method of Payment 54

15.1 Final Inspection 54

15.2 Unacceptable Performance 54

15.3 Satisfactory Performance 55

15.4 Final Estimate 55

Article XVI – Discharge of Bonds 56

Article XVII – Liability Under Contract 56

17.1 General Release and Discharge by Contractors 56

17.2 Acts of God 56

Article XVIII – Record Keeping, Internal Accounting Controls, 57 Financial Statement – M.G.L., CH.30, Section 39R

18.1 Record Keeping 57

18.2 Examination of Records 57

18.3 Change in Record Keeping 58

18.4 Filing Requirements 58

18.5 Financial Statements 58

18.6 Statement of Management 58

18.7 Public Accountant’s Statement 58

18.8 Filing Financial Statement 59

Article XIX – Right to Know Act 59

Article XX - Compliance with Laws 59

Article XXI- Provisions Required by Law Deemed Inserted 60

Article XXII – CDL License Requirement 60

Article XXIII – Authority of the Commission 60

Article XXIV – State Tax Compliance Certificate 61 v

Performance Bond 63 Payment Bond 65 Certificate 67

General Conditions

GC.1 Definitions GC-2 GC.2 Abbreviations GC-3 GC.3 Time for Commencement and Completion of Work GC-4 GC.4 Interpretation of Specifications GC-4 GC.5 Project Meetings GC-5 GC.6 Construction Schedule and Order of Work GC-5 GC.7 Submittals GC-5 GC.8 Pipe Locations GC-7 GC.9 Lines, Grades and Measurements GC-7 GC.10 Responsibility for Materials GC-7 GC.11 Non-Interference with Other Work GC-8 GC.12 Changes in Work and Extras GC-8 GC.13 Orderly and Competent Employees GC-9 GC.14 Employ Sufficient Labor and Equipment GC-9 GC.15 Work to Conform GC-9 GC.16 Traffic Control GC-10 GC.17 Precautions and Restoration of Property GC-12 GC.18 Emergency Street Openings GC-13 GC.19 Sanitary Regulations GC-13 GC.20 Compliance with Laws GC-13 GC.21 Cleaning Up GC-13 GC.22 Standard Drawings GC-14 GC.23 Excess Paving Deductions GC-14 GC.24 Periodic Payments GC-14 GC.25 By-pass System GC-15 GC.26 Maintenance Period of Roadway Surface GC-15 GC.27 Daily Scheduling of Work GC-16 GC.28 Contractor's Emergency Contact and Response GC-16 Requirements GC.29 BWSC Project Sign Requirements GC-17 GC.30 Winter Work Shut Down GC-17 GC.31 Utility Company Notifications GC-18 GC.32 Use of BWSC Hydrants GC-19 GC.33 Pavingstones and Cobblestones GC-19 GC.34 Liquidated Damages GC-20 GC.35 Noise Control GC-20 GC.36 BPWD Requirements GC-20 GC.37 ADA Requirements GC-20 vi

GC.38 Delays in Obtaining Permits GC-21 GC.39 Post Hydrants Supplied by Commission GC-21 GC.40 BPWD Construction Sign Requirements GC-22 GC.41 Edgestone GC-23 GC.42 Sidewalks GC-23 GC.43 Temporary By-Pass/Flow Diversion of GC-23 Sewers/Storm Drains GC.44 Bid Items for Sewer and Drain Pipe GC-25 GC.45 Don’t Dump Signs GC-25 GC.46 Method of Cutting Pavement GC-26 GC.47 Work Outside of Permitted Time GC-26 GC.48 Lead Free Products GC-26

Special Conditions Specifications Appendices

PROCUREMENT DEPARTMENT

BID INFORMATION

(Not to be filled in by Contractor)

Day, Date and Time of Bid Opening... Monday 9/21/26 at 11:00AM

Amount of Bid Bond or Certified Check... 5% of Total Bid Amount

Amount of Surety (Performance Bond)... 100% of Total Contract Price

Actual Starting Date ... January 1, 2027

Actual Date of Completion December 31, 2027__________

Total Amount of Bid... $________________________

INFORMATION FOR BIDDERS

IB.1 General Description and Location of Work IB.2 Bidding Information IB.3 Use and Calculation of Unit Prices IB.4 Permits and Fees IB.5 Substitution of Equal Items for Specified Items IB.6 Determination of Equality IB.7 Retail Sales Act Exemption IB.8 Special Duty Police IB.9 Time of Commencement and Completion of Work IB.10 Minority Employee Utilization Requirement IB.11 MBE/WBE Requirements IB.12 CDL Drug and Alcohol Testing Requirements IB.13 Price Adjustment – Diesel Fuel; Gasoline; Liquid Asphalt and Portland Cement IB.14 Large Vehicle Protective Devices, Convex Mirrors, Convex

Cross-over Mirrors and Safety Device Requirements IB.15 State Tax Compliance Certificate

IB.1 GENERAL DESCRIPTION AND LOCATION OF WORK

The location and general description of work is listed in the Special Conditions, Page SC.-1.

IB.2 BIDDING INFORMATION

The Boston Water and Sewer Commission, hereinafter designated as “the Commission", 3rd floor, 980 Harrison Avenue, Boston, Massachusetts 02119 invites proposals for the doing of the work described in the contract and specifications annexed hereto (the "Contract").

Proposals shall be submitted to the Commission at the above address, on the accompanying forms. The proposal shall be properly filled out, with all pages intact, signed, enclosed in the sealed bid envelope provided, sealed and plainly marked with a descriptive title of the work to be done. The Proposal shall be filed in the office of the Procurement Department of the Commission prior to the time designated in the advertisement for the opening of proposals.

A bid deposit in the form of a bid bond, or a certified check drawn on, or a treasurer's or cashier's check issued by, a responsible bank or trust company, payable to the order of the "Boston Water and Sewer Commission" in the sum specified in the advertisement shall accompany the copy of the proposal filed with the Commission. The bid deposit shall be submitted in a separate sealed envelope stapled to the sealed envelope containing the proposal. The bid deposit shall become and be the property of the Commission as liquidated damages if, after a proposal is accepted, the bidder shall fail to execute the Contract annexed hereto in accordance with the terms of this proposal and the Contract annexed hereto, and to furnish a performance bond and a labor and materials or payment bond as provided in the Contract within five days, excluding Saturdays, Sundays and legal holidays, after notice of such acceptance is mailed or delivered to him. Provided however that the amount of the bid deposit that becomes property of the Commission shall not exceed the difference between the bid price of such general bidder and the bid price of the next lowest responsible and eligible bidder.

The Contract shall be awarded within thirty (30) days, Saturdays, Sundays and legal holidays excluded, after the opening of the proposals provided, however, that 1) the Contractor's bid is approved by Boston Water and Sewer Commissioners or 2) if the award of the Contract requires the approval of an officer, board or agency of the Federal government, the award shall be made within thirty (30) days, Saturdays, Sundays and legal holidays excluded, after such approval.

The Contract shall be awarded to the lowest responsible and eligible bidder complying with the conditions and requirements provided in this Information for Bidders and the other bid documents. The successful bidder will be notified in writing that his bid has been accepted and that he has been awarded the contract. The successful bidder shall execute the contract and furnish the required bonds, and any other documents required in the Proposal and Contract, at the offices of the Commission, if requested within five days, Saturdays and Sundays and legal holidays excluded, after presentation of the contract to him or notice to him that the contract is ready for execution. If the bidder selected fails to execute the contract, and furnish the required bonds, or any other documents required in the Proposal and Contract, the award will be made to the next lowest responsible and eligible bidder.

All bid deposits, except those of the three lowest responsible and eligible bidders, shall be returned within five (5) days, Saturdays, Sundays and legal holidays excluded, after the opening of the proposals. The remaining bid deposits shall be returned upon the execution and delivery of the Contract.

Before submitting his proposal each bidder shall (a) thoroughly examine the contract documents, video tapes, and other reports prepared during design (b) visit the site to fully familiarize himself with local conditions that may in any manner affect cost, progress or performance of the work, and (c) fully familiarize himself with federal, state and local laws and ordinances, rules and regulations that may in any manner affect cost, progress or performance of the work. Failure of a bidder to fully acquaint himself with all contract requirements and statutory regulations, and to examine the site in detail shall not relieve the bidder from any obligation to perform the work at his bid price. The submission of a bid shall constitute a representation by the bidder that he has complied with every requirement of this section and that the contract documents are sufficient in scope and detail to complete performance of the work of this contract.

At a preconstruction meeting, the bidder will be required to furnish without expense to the Commission, a complete statement of the origin, composition and manufacture of any or all materials proposed to be used in the construction of the work, which may include samples, which samples may be subjected to the tests required by the Commission to determine their quality and fitness for the work.

Each bidder shall promptly notify the Chief Engineer of the Commission in writing of any ambiguity, inconsistency, or error they may discover upon examination of the contract documents, the site or other local conditions. All questions as to the interpretation of the plans and specifications shall be submitted in writing to the Chief Engineer and written answers to such questions will be sent by the Chief Engineer to every individual or firm on record as having taken a set of specifications. No questions will be answered unless received at least ten (10) days prior to the expiration of the time set for filing bids.

Oral clarifications or interpretations will be of no legal effect. The Commission will not be responsible for, and no bidder may rely upon or use as a basis of a claim against the Commission, any information, explanation or interpretation of the contract documents rendered in any fashion except as provided above.

All proposals shall also be accompanied by evidence satisfactory to the Executive Director that the bidder has the ability and experience in the class of work required to perform the Contract, and that he has sufficient capital and plant to enable him to perform the same successfully, and to complete it within the time named in the contract.

It is the policy of the Commission not to award the attached contract to any bidder who does not furnish such evidence. The Commission reserves the right to reject the bid of any bidder when its investigation raises any significant doubt as to the bidder's competency, responsibility, experience or capacity to successfully complete the project within contract requirements.

The Commission reserves the right to reject any or all proposals if it be in the public interest to do so. Every proposal which is not accompanied by the required bid deposit, or which otherwise does not conform to statutory bid requirements, or which is on a form not fully completed, or which is conditional, incomplete or obscure, or which contains any additions unless requested, shall be considered invalid, and the Commission shall reject any such bid. In addition the Commission may consider as informal and may reject any proposal which is not prepared and submitted in accordance with all requirements of the bid documents or which contains erasures, alterations, additions, errors or irregularities of any kind, or which contains proposed prices for any class or item of work which are, in the Commission's judgment, substantially less or more than the actual cost to complete the work;

provided, however, the Commission reserves the right to waive any and all informalities as to form. Matters of substance shall not be waived. The determination of the Commission in this regard is final.

IB.3 USE AND CALCULATION OF UNIT PRICES

Every bidder shall submit his proposal using the form which constitutes Part I of the attached Proposal and Contract. The bidder shall supply a contract price, in both words and figures, and shall specify a unit price, in both words and figures, for each item for which a quantity is given, and shall also show the products of the respective unit prices and quantities written in figures in the column provided for that purpose, and the total amount of the proposal obtained by adding the amounts of the several items.

All words and figures shall be in ink. In case of a discrepancy between the prices written in words and those written in figures, the written words shall govern. In the event there is a discrepancy between the unit prices and the total sum of all the items, the unit prices shall govern. Failure to bid on each and every item may lead to the rejection of the proposal.

IB.4 PERMITS AND FEES TO BE RESPONSIBILITY OF COMMISSION

The Commission shall have the responsibility for obtaining all permits from the City of Boston and any Department thereof and for paying all fees, which may be required in connection with the work to be performed pursuant to this Contract. The contract price shall not include the cost of any such permits issued by the City of Boston or fees or bonds payable thereto. It shall be the responsibility of the Contractor to advise the Commission in a timely manner, a minimum of fifteen working days prior to start date, of the need for permits, the date as of which permits are needed, their duration, and all other necessary information. There will be no additional payment for delays caused by the inability of the Commission to obtain permits. The Contractor is required to keep a copy of all permits on each job site.

Permits issued by the City of Boston are issued on terms and conditions upon which the Contractor herein agrees to comply, and to indemnify and defend Commission for any claim based upon the Contractor’s failure to do so.

IB.5 SUBSTITUTION OF EQUAL ITEMS FOR SPECIFIED ITEMS

Except where otherwise specifically provided in the specifications, due to the proprietary nature of a particular item of material or for any other sound reason in the public interest, a Contractor shall be permitted to substitute an item of material for any item of material named or described in this Contract, or in the specifications, plans, addenda, or other documents incorporated in and made a part of the Contract, provided that such substituted item of material shall be considered equal, by the Commission, to the item of material so-named or described. The word "material" as used herein shall mean and include any article, assembly or system, or any component part thereof.

The Commission shall consider any item of material equal to the item of material named or described in this Contract if (1)it is at least equal in quality, durability, appearance, strength and design, (2) it will perform at least equally the function imposed by the general design for the work to be performed pursuant hereto, and (3) it performs substantially, even with deviations, to the detailed requirements for such named items in the specifications attached to the contract.

IB.6 DETERMINATION OF EQUALITY

The Bidder selected as the general contractor is required to submit to the Executive Director for consideration as to its equality, a written notice containing the name and full particulars, pertaining to any item (or items) of material other than the specific or specifics named or described therefore in the Contract or in documents incorporated in and made part thereof in advance of the time of its incorporation in the work to be performed pursuant to the Contract by submitting the aforesaid written notice to the Executive Director, immediately following the execution of the Contract by the Commission. An item shall be considered equal to the item so named or described if (1) it is at least equal in quality, durability, appearance, strength and design, (2) it will perform at least equally the function imposed by the general design for the public work being contracted for or the material being purchased and (3) it conforms substantially, even with deviations, to the detailed requirements for the item in the said specifications.

Forthwith upon receipt of such written notice, the Executive Director, or designee, shall conduct or cause to be conducted a reasonable investigation to determine whether the item (or items) in question shall be considered equal to the item(s) named or described therefore in the Contract or in the documents incorporated in and made a part of the Contract. Upon conclusion of the investigation, the Executive Director, or designee, shall, in writing, promptly advise the contractor that the item(s) of material in question is, or is not, considered the equal of the item(s) of material or described as aforesaid, and that said item(s) of material may, or may not, be incorporated in the work to be performed pursuant to the Contract. If a substitute/alternate item is allowed and is less expensive than the item originally proposed, upon the request of the Chief Engineer, a credit shall be given to the Commission.

In no case may an item other than that specifically described in the Contract be incorporated into work to be performed pursuant to the Contract unless the Executive Director shall consider the item as the equal of the item so named or described, as provided by law.

IB.7 RETAIL SALES ACT EXEMPTION

The exemption certificate number assigned to the Commission by the Commissioner of Corporations and Taxation under Section 6, Chapter 14 of the Act of 1966 commonly referred to as the Retail Sales Act is E- 042-621-990.

IB.8 SPECIAL DUTY POLICE

The Executive Director shall require the selected bidder to maintain at the expense of the selected bidder such police officers on special duty (outside their regular tour of duty) as the Police Commissioner or his designee may deem necessary to avoid, so far as reasonably possible, danger to the safety of persons and substantial interference with the free circulation of traffic. This clause shall not prohibit reimbursement of the selected bidder for such expenses if a Contract between such person and the City or any other person provides for such reimbursement.

The selected bidder is required to carry in its bid the items for special duty police at the rates set by the City of Boston or Commonwealth of Massachusetts for the estimated quantities. The Commission does not guarantee the estimated quantities for each special duty police item. The selected bidder will be reimbursed only for those items and will not be entitled to overhead, administrative costs or profits associated with said reimbursement.

IB.9 TIME FOR COMMENCEMENT AND COMPLETION OF WORK

See Special Conditions, Page SC-1.

IB. 10 MINORITY EMPLOYEE UTILIZATION REQUIREMENT

No bid for the award of this project will be considered acceptable unless the Contractor agrees to comply fully with the provisions of Article VIII, Minority Participation, of the Contract.

Included with the Contract Documents, Appendices, are copies of the Contractor’s Certification Statement, Minority Employee Participation and the Minority Employee Weekly Utilization Report. By signing this proposal, the Contractor understands, acknowledges and agrees to the terms and conditions of this Section, Section 1.7 and Article VIII of the Contract.

The Minority Employee Weekly Utilization Reports shall be submitted in accordance with section 8.2(d)(ii) and 8.2(d)(iii) of the Contract.

Failure to comply with the Minority Employee Utilization Requirements may result in imposition of sanctions set forth in section 8.2(f) and

(g) of the Contract.

No bid for the award of this project will be considered acceptable unless the Contractor agrees to comply fully with the provisions of Article IX, Residents Job Policy, of the Contract.

Included with the Contract Documents, Appendices, are copies of the Contractor’s Certification Statement, Residents Job Policy and the Boston Resident Employee Weekly Utilization Report. By signing this proposal, the Contractor understands, acknowledges and agrees to the terms and conditions of this section and Article IX of the Contract.

The Boston Resident Employee Utilization Report shall be submitted in accordance with Section 9.4.C ii of the Contract. Failure to comply with the Boston Resident Employee Utilization Requirements may result in imposition of sanctions as set forth in the Contract.

IB.11 MINORITY BUSINESS ENTERPRISE/WOMEN BUSINESS ENTERPRISE

REQUIREMENTS

No bid for the award of this contract will be considered acceptable unless the Contractor agrees to comply fully with the provisions of Article X of the Contract, Utilization of Minority-Owned Business Enterprises and Women-Owned Business Enterprises.

Included with the Contract Documents, Appendices, are copies of forms relating to the Utilization of Minority Business Enterprises and Women Business Enterprises (MBEs and WBEs). Form BWSC-M/WBE-001 is a Notice to Contractors regarding the Commission M/WBE requirements which the Contractor must sign as part of the Contract Documents, and Form BWSC- M/WBE-002 is a report on the use of M/WBEs which the Contractor must file on a monthly basis with the Commission. By signing this proposal, the Contractor understands, acknowledges and agrees to the terms and conditions of this section, section 1.8 and Article X of the Contract.

The Contractor shall submit each month a breakdown of MBE and WBEs used in the current project, as set forth in the forms identified as “BWSC- M/WBE-001 and BWSC-M/WBE-002”. These reporting forms can be found in the APPENDICES Section of this contract. Pay estimates will not be processed for payment unless contractors comply with this reporting requirement.

By signing this proposal, the Contractor understands, acknowledges and agrees to utilize certified minority-owned business enterprises as defined in Article X for not less than 9.0% of the cost of the bid, and certified women-owned business enterprises as defined in Article X for not less than 6.0% of the cost of the bid. If the Contractor wishes to have the provisions of Article X waived or modified, the Contractor shall apply to the Commission's Director of Organizational Diversity ten (10) days prior to bid opening for a determination of waiver or of modification in accordance with Article X. The Director of Organizational Diversity will render a decision on the application for waiver or modification five (5) days prior to bid opening.

IB.12 CDL DRUG AND ALCOHOL TESTING COMPLIANCE

No bid for the award of this contract will be deemed acceptable unless the undersigned has provided assurance to the Commission that he is in compliance with applicable federal regulations for drug and alcohol testing when services involving the following are provided:

the driving of commercial vehicles with a gross vehicle weight of more than 26,000 pounds (inclusive of a towed unit with a gross vehicle weight of over the 10,000 pounds) the transportation of hazardous material in a quantity requiring "placarding"; or vehicles rated to carry more than 15 passengers, including the driver. In addition, the undersigned must assure the Commission that all proposed subcontractors providing like services are in compliance. Assurance of compliance must be satisfactory to the Commission.

IB. 13 PRICE ADJUSTMENT – DIESAL FUEL; GASOLINE AND LIQUID

ASPHALT AND PORTLAND CEMENT

Pursuant to Chapter 150 of the Acts of 2013 and M.G.L. Chapter 30, section 38A, this contract contains a price adjustment clause that will provide for either additional compensation to the Contractor or repayment to the Commission, depending on an increase or a decrease in the average price of Diesel Fuel; Gasoline; Liquid Asphalt and Portland Cement Contained in Cast-in-Place Cement.

The Base Price for each category, as set by the Commission from the Massachusetts Department of Transportation Highway Department web site https://www.mass.gov/massdot-contract-price-adjustments, is specified below.

The Period Price will be the average of prices charged to the State, including state tax for the bulk purchases made during each month as indicated on the Massachusetts Department of Transportation Highway Department web site.

A price adjustment will be made on a monthly basis but only when the monthly cost change or variance between the Base Price and Period Price exceeds plus or minus five percent (5%). The complete adjustment will be paid in all cases with no deduction of the 5% from either upward or downward price adjustments. Failure to provide documentation will delay process of the pay estimate.

The Contractor will be compensated through monthly payments after the work has been performed using the monthly period price for the month during which the work was performed. The work performed must be submitted on the applicable worksheet which is provided in appendices.

The applicable work sheets must be reviewed and approved by the Commission prior to a price adjustment.

The Commission is authorized to deduct out of monies which may be due to the Contractor under this contract the amounts owed for a price adjustment.

No price adjustments will be allowed beyond the Completion date of this Contract unless there is an approved extension of time.

Failure to provide required documentation will delay and/or prevent the processing of pay estimates.

Diesel Fuel and Gasoline

Diesel Fuel – Base Price: $4.372 per gallon (including State Tax) (July 2026)

Gasoline – Base Price: $3.335 per gallon (including State Tax) (July 2026)

The price adjustment will be based on the Period Price of Gasoline and Diesel Fuel for each monthly period as it appears on the Massachusetts Department of Transportation website (www.massdot.state.ma.us)

The price adjustment only applies to actual fuel usage during each month for site dedicated equipment requiring gasoline or diesel fuel including but not limited to construction equipment, trucks and bypass pumps. It shall not include transportation, idling or other charges.

The price adjustment will be determined by multiplying the number of gallons used during the applicable monthly period times the difference between the Base Price and the Period Price of Diesel Fuel or Gasoline.

The Contractor shall supply to the Commission, on a monthly basis, the certified fuel usage for each vehicle or piece of equipment on the applicable worksheet. Failure to provide the required documentation will delay and/or prevent the processing of pay estimates

Liquid Asphalt

Liquid Asphalt – Base Price: $712.50 per ton (August 2026)

The price adjustment will apply only to the following items:

Item B1-1 Temporary Paving Boston Streets S.Y.

Item B1-2 Permanent Trench Repair in Boston Streets S.Y.

Item B1-3 Permanent Trench Repair DCR Streets S.Y.

Item B1-3A Temporary Pavement DCR Streets S.Y.

Item B1-4 Permanent Pavement State Highway S.Y.

Item B1-5 Bituminous Concrete Overlay Paving S.Y.

The price adjustment will be based on the Liquid Asphalt Period Price as it appears on the Massachusetts Department of Transportation Highway Department site.

The price adjustment only applies to the actual virgin liquid asphalt content in the mixture placed in accordance with the Commission’s specifications. It shall not include transportation or other charges.

The price adjustment will be determined by multiplying the number of tons of hot mix asphalt mixture placed during each monthly period times the liquid asphalt content percentage times the difference between the Base Price and the Period Price for Liquid Asphalt.

The Contractor shall supply required information on the applicable worksheet. Failure to provide the required documentation will delay and/or prevent the processing of pay estimates

Portland Cement Contained in Cast-in-Place Concrete

Portland Cement Contained in Cast-in-Place-Concrete – Base Price:

$452.13 per ton (August 2026)

This provision applies to all projects using greater than 100 Cubic Yards of Portland Cement concrete containing Portland Cement. The Price adjustment will apply only to the following items:

Item D4-02A Cement Concrete Sidewalks S.F.

Item D5-10 Plain Concrete C.Y.

Item D5-11 Reinforced Concrete C.Y.

The price adjustment will be based on the variance in price for the Portland Cement Component only from the Base Price to the Period Price as it appears on the Massachusetts Department of Transportation Highway Department site.

The price adjustment applies only to the actual Portland Cement content in the mix placed on the job in accordance with the specifications. No adjustments will be made for any cement replacement materials such as fly ash or ground granulated blast furnace slag. It shall not include transportation or other charges.

The price adjustment for Portland Cement concrete mixes will be paid for per cubic yard under this item. It will be determined by multiplying the number of cubic yards of Portland Cement concrete placed during each monthly period times the Portland Cement content percentage times the difference between the Base Price and Period price of Portland Cement. The Contractor shall supply required information on the applicable worksheet for the concrete placed on a monthly basis.

Failure to provide the required documentation will delay and/or prevent the processing of pay estimates

Note: For items that are not paid on a per cubic yard basis the Price Adjustment will be calculated per cubic yard from the actual volume used based on information submitted to or gathered by the Commission.

IB. 14 LARGE VEHICLE PROTECTIVE DEVICES, CONVEX MIRRORS, CONVEX

CROSS-OVER MIRRORS AND SAFETY DEVICES COMPLIANCE

No bid for the award of this contract will be deemed acceptable unless the undersigned has provided assurance to the Commission the he is in compliance with the requirements of City of Boston Code, Ordinance Chapter IV, Section 4-8 which requires vendors to safeguard unprotected road users. See appendices which contain a copy of the City of Boston Ordinance and the City of Boston’s Inspectional Services Commissioner’s Bulletin setting forth relevant guidelines. In addition the undersigned must assure the commission that all proposed subcontractors are in compliance. Assurance of compliance must be satisfactory to the Commission.

IB. 15 STATE TAX COMPLIANCE CERTIFICATE – ARTICLE XXIV

No bid for award of this contract will be deemed acceptable unless the bidder signs the State Tax Compliance Certificate found in Article XXIV on Page 54 of the contract and submits it with its bid.

The terms and conditions of this Notice to Bidders are hereby made a part of and incorporated in the Proposal and Contract attached hereto.

Date:_____________ __________________________________ Henry F. Vitale Executive Director Boston Water and Sewer Commission

CONTRACT NO. 27-303-003

PROPOSAL AND CONTRACT

I

This Proposal and Contract consists of three parts:

Part I (the "Proposal"), a proposal submitted to the Boston Water and Sewer Commission by the Bidder whose name is set forth below to perform the work identified below, pursuant to the terms and conditions of this Proposal and Contract; Part II, the general contract terms and Part III, the specifications, plans, and addenda relating to the work proposed to be performed hereto.

I. Proposal

The undersigned bidder proposes to provide services to construct or reconstruct catch basins, manholes, minor drain pipes and other sewerage, drainage, or related appurtenances as detailed in the specifications on an emergency basis or as needed basis, and/or as directed by the Commission in the City of Boston.

1.1 Interested Persons

The undersigned, declares that it is the only person interested in this Proposal, or in any Contract which be made under it, or in any expected profits to arise therefrom that this proposal is made in good faith without fraud, collusion, or connection of any kind with any other bidder for the same work, that it is bidding in its own behalf without connection or obligation to any undisclosed person, and that no other person has any interest in the profits of the general Contract; that it has carefully examined the Contract and Specifications and informed himself fully in regard to all conditions pertaining to the work and the place where it is to be done; that it has made its own examinations and estimates and from them makes this Proposal; and that it understands and agrees to all the reporting requirements in the Contract.

1.2 Execution and Delivery of Contract, Performance Bond, and Payment Bond

The undersigned proposes and agrees that if, within thirty days, Saturdays, Sundays, and legal holidays excluded, after the opening of the proposal, or, if the award requires federal approval, within thirty days, Saturdays, Sundays and legal holidays excluded, after such approval, notice that this Proposal will be accepted for the Commission shall be mailed to it at the business address given below, or shall be delivered to it, it shall within five (5) succeeding days excluding Saturdays, Sundays and legal holidays, after the date of such mailing or delivery, whichever is later, deliver to the office of the Executive Director of the Commission (the "Executive Director"), the Contract, accompanied by (i) a Performance Bond, in the form appearing herein as Exhibit "A" to Part II of the Proposal and Contract, for the full amount of the Contract Price (ii) a Payment Bond, in the form appearing herein as Exhibit "B" to Part II of the Proposal and Contract for the full amount of the Contract Price (such Performance Bond and Payment Bond being herein collectively referred to as the "Bonds"), (iii) the certificate as to proper corporate authorization in the form appearing herein as Exhibit "C" to Part II of the Proposal and Contract, and (iv) such other documentation, including but not limited to the documents required to comply with the requirements of Articles VIII, IX and X of the Contract, as may be requested by the Commission at the time of notification of acceptance by the Commission, all properly executed in their respective forms.

Performance Bonds and Payment Bonds shall be (a) in a form satisfactory to the Commission and (b) with a surety company qualified to do business in the Commonwealth and satisfactory to the Commission.

Place of Business in Massachusetts of Surety Company is

Street Address City Zip Code

Contact Person:____________________ Telephone No.:___________

1.3 Bid Deposit

The undersigned Bidder agrees that the certified check for_______________________________dollars ( ), or Bid Bond, payable to the Commission, and deposited herewith, is the property of the Commission, and the maximum amount thereof is the amount of the damages which the Commission will sustain by failure of the undersigned Bidder to carry out the Proposal, but if this Proposal is not accepted, or if notice is mailed or delivered and the undersigned executes and delivers said Contract and Bonds as aforesaid, the check, or its amount, is to be paid to him on receipt therefore.

Such bid deposit shall be in an amount not less than five percent of the value of the bid. A Bid Bond shall be (a) in a form satisfactory to the Commission, (b) with a surety company qualified to do business in the Commonwealth and satisfactory to the Commission and (c) conditioned upon the faithful performance by the principal of the agreements contained in the bid.

Place of Business in Massachusetts of Surety Company is

Street Address City Zip Code

Contact Person:____________________ Telephone No.:___________

1.4 Documents Included in Contract

The undersigned Bidder agrees to be bound by the detailed specifications constituting Part III of this Proposal and Contract, all exhibits, appendices, schedules, attachments and plans which accompany the same, each of which shall be deemed supplementary to the other and in case of any item not being specifically mentioned in detail and yet shown on the plan or conversely, the necessary work or materials shall be supplied and installed to the satisfaction of the Executive Director.

1.4.1 Labor

The undersigned Bidder hereby certifies that he is able to furnish labor that can work in harmony with all elements of labor employed or to be employed in 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.

1.5 Time of the Essence, Liquidated Damages

The undersigned Bidder hereby offers to provide all necessary machinery, tools and apparatus and to do all the work, and furnish all the materials called for by said specifications in the manner and time herein prescribed and according to the requirements of the Executive Director, including all the incidental work, and to complete the work within the time specified.

Delay in completion of the work required under this Contact will cause interference with the Commission's construction schedules, will result in increased costs including, but not limited to, planning, engineering, police and inspection costs and will cause other tangible and intangible losses. If the Contractor fails to complete the work within the stipulated time, the Contractor and his sureties shall be liable for and shall pay the Commission the sum of $750.00 as fixed, agreed and liquidated damage for each calendar day of delay after the date stipulated in this Contract. Such damages have been fixed and agreed on because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Commission would sustain in the event of delayed completion. The Commission is authorized to deduct out of the monies, which may be due to the Contractor under this Contract the liquidated damages referred to in this section.

The Commission's right to recover liquidated damages is for consequential damages and is not a substitute for any right of recovery for additional costs incurred to complete the work should the contractor fail to do so.

1.6 Contract Price

The undersigned Bidder proposes to perform the work specified in this Proposal and Contract for a contract price of ________________________ dollars. (___________________), which amount consists of the specified items beginning on Page 17A-1:

1.7 Bidder's Certification Statement

The undersigned bidder does hereby certify, pursuant to the Invitation for Proposals to perform this contract by and between the undersigned and the Boston Water and Sewer Commission, (the "Contract") as follows:

1. The undersigned has read Article VIII of the contract regarding the requirements with respect to the use of Minority Employees in the performance of the Contract; and

2. The undersigned understands that failure to comply with the provisions of the Contract set forth in said Article VIII may subject the undersigned to the sanctions set forth in Article VIII, Section 8.2 (f) and (g) of the Contract.

The undersigned further certifies that within seven (7) days prior to the pre-construction meeting described in Section 8.2(c)(iii) of this Contract, the Contractor shall send to the Contract Compliance Officer a list of persons who are presently employed and their job classification or will be employed by the undersigned in the performance of the Contract in order to comply with the provisions of Article VIII of the Contract.

BID PAGES

Reconstruction of Drainage and Sewerage Works FY27

SUBTOTAL PAGE 17A-- 1 Date: 8/25/2026

Project Number : 27-303-003 Bid Number :

ITEM QUANTITY ITEM WITH UNIT BID PRICE WRITTEN IN

WORDS

UNIT PRICE

DOLLARS CENTS TOTAL

DOLLARS

TOTAL

CENTS

A1-1 50.00 cy

MISC. TRENCH EXCAVATION

A2-1 200.00

GRAVEL

A3-1 100.00

SCREENED GRAVEL

A7-1 sf

SHEATHING - LEFT IN PLACE

B1-1 1,500.00 sy

TEMPORARY PAVING

B1-9 150.00 lf

NEW GRANITE EDGESTONE

C9-1A 100.00 ea

RAISE WATER CSTG. TO GRADE

D1-06 125.00

MINOR DRAIN

D1-06A 75.00

MINOR DRAIN (DUCTILE IRON)

D2-01 10.00

MANHOLE BASE

SUBTOTAL

SUBTOTAL PAGE 17A-- 2 Date: 8/25/2026

UNIT PRICE

DOLLARS CENTS TOTAL

DOLLARS

D2-02 vf

MANHOLE WALLS

D2-03

MANHOLE FRAME WITH COVER

D2-04 5.00

CATCH BASIN

D2-04B

C.B., TYPE 13 MODIFICATION

D2-04E

RESET BRADLEY HEAD GR. APRON

D2-05

NEW HOOD IN EX. CB

D2-06

NEW HOOD+TRAP IN EX. CB.

D2-07 200.00 vf

BRICKWORK IN EX. STRUCT.

D2-08

DROP INLET

D2-09

CATCH BASIN REHABILITATION

SUBTOTAL PAGE 17A-- 3 Date: 8/25/2026

UNIT PRICE

DOLLARS CENTS TOTAL

DOLLARS

D2-09A 1.00

TYPE 13 INLET REHABILITATION

D2-12A

MANHOLE MODIFICATION

D2-83A

TRNSPRT. FRM+CVR OR GRATE

D3-1A 800.00

ADJ. SEWER / DRAIN CASTING

P1-1 80.00 hr

SPEC. DUTY BOSTON POLICE

SIXTY SIX DOLLARS AND ZERO CENTS

$66

$5,280

P1-1R 1,000.00

SPEC. DUTY BOSTON POLICE, R.L.

NINETY FIVE DOLLARS AND FORTY NINE

$95

$95,490

P1-2 40.00

SPEC. DUTY POLICE SERG.

SEVENTY THREE DOLLARS AND

SEVENTY CENTS

$73

$2,948

P1-2R 40.00

SPEC. DUTY POLICE SERG., R.L.

ONE HUNDRED TEN DOLLARS AND

TWENTY EIGHT CENTS

$110

$4,411

P1-3 16.00

SPECIAL DUTY STATE POLICE

SIXTY ONE DOLLARS AND EIGHTY

EIGHT CENTS

$61

$990

P1-4 4.00

STATE POLICE TIME & A 1/2

NINETY TWO DOLLARS AND EIGHTY TWO

$92

$371

SUBTOTAL PAGE 17A-- 4 Date: 8/25/2026

SUMMARY COSTS

SUBTOTAL PAGE 17A-- 1 $

SUBTOTAL PAGE 17A-- 2 $

SUBTOTAL PAGE 17A-- 3 $

GRAND TOTAL $

UNIT OF MEASUREMENT LEGEND

cy cubic yard gal gallon ls lump sum sf square foot day day hr hour mo month sy square yard ea each lb pound pct percent ton ton ft foot lf linear foot ser service vf vertical foot

1.8 Bidder's M/WBE Certification Statement

The undersigned Bidder does hereby certify as follows:

1. The undersigned has read Article X of the Contract regarding the requirement to utilize minority-owned and women-owned business enterprises (M/WBEs) in the performance of this Contract;

2. The undersigned understands that failure to comply with the requirements of Article X constitutes a material breach of the Contract;

3. The undersigned certifies that Bidder will submit with his bid the names of M/WBEs that he will utilize in the performance of this Contract, and the tasks that said M/WBEs will perform and/or the materials they will supply. In the alternative, if the undersigned wishes to have the provisions of Article X waived or modified, the Contractor shall apply, in writing, to the Commission's Director of Organizational Diversity ten (10) days prior to bid opening. The undersigned understands that he must demonstrate that he has made good faith efforts to secure participation of M/WBEs, and that the burden of proof rests on him. The Director of Organizational Diversity will render a decision on the application for waiver or modification five

(5) days prior to bid opening.

The Contractor shall submit each month a breakdown of MBE and WBEs used in the current project, as set forth in the forms identified as “BWSC-M/WBE- 001 and BWSC-M/WBE-002”. These reporting forms can be found in the APPENDICES Section of this contract. Pay estimates will not be processed for payment unless contractors comply with this reporting requirement.

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

This sealed Proposal is submitted to the Executive Director of the Commission, together with the prescribed bid deposit, by the undersigned bidder:

Name of Bidder:

(PRINT or type)

Signed By:

(SIGNATURE) (PRINT or type) Title

Business Address:______________________________________________________ (PRINT or type)

This Bidder is (an)

(PRINT) (Individual) (Partnership) (Corporation)

The full names and addresses of all persons interested in this Proposal, as principals, are as follows:

(Print)

(To Be Completed If Bidder Is A Partnership)

State Full Name and Address of All Partners:

(Print)

Corporation is incorporated in the State of:___________________________

(PRINT)

Name of President is: _________________________________________________

(PRINT)

Name of Vice President is: ___________________________________________

(PRINT)

Name of Treasurer is: ________________________________________________

(PRINT)

Place of Business in Boston is: ______________________________________

(PRINT)

Telephone Number of Bidder: __________________________________________

If the Bidder is a Foreign Corporation, also state the following:

(a) The Power of Attorney required by General Laws, Chapter 181 §3 was filed

b) The Certificate and Copy of its Charter, Article or Certificates of Incorporation required by General Laws, Chapter 181, §5 were filed on

NOTE: This Proposal must bear the written signature of the Bidder.

If the Bidder is an individual doing business under a name other than his own name, the Proposal must so state, giving the address of the individual.

If the Bidder is a partnership, the Proposal must so state, setting forth the names and addresses of all partners and must be signed by a partner designated as such.

If the Bidder is a corporation, the Proposal must bear the seal of the corporation and must be signed by a duly authorized officer or agent of such corporation, and the attached certificate of authority must be executed.

End of Proposal

S A M P L E

CERTIFICATE OF AUTHORITY

(For Corporation Only)

At a meeting of the Directors of the (Name of Corporation) duly called and held at on the day of 202 , at which a quorum was present and acting, it was VOTED, that the (Name) of this corporation is hereby (Office) authorized and empowered to bid, propose, make, enter into, sign, seal and deliver in behalf of this corporation a contract for

(Describe Service) with the Boston Water and Sewer Commission, and deliver a bid bond in connection with said proposal

I do hereby certify that the above is a true and correct copy of the record, that said vote has not been amended or repealed and is in full force and effect as…