27DPW01_Ayer_Bidding and Contract Requirements and Specifications.pdf

COPY NO.

BARNUM ROAD BRIDGE REHABILITATION

27DPW01

AYER DEPARTMENT OF PUBLIC WORKS

AYER, MASSACHUSETTS

BIDDING AND CONTRACT

REQUIREMENTS AND

SPECIFICATIONS

JULY 2026

Ayer DPW

25 BROOK STREET

AYER, MA 01432

Bids Due: Friday, August 14th, 2026 at 2:00 P.M.

27DPW01 – Barnum Road Bridge Rehabilitation

TABLE OF CONTENTS

SECTION TITLE

DIVISION 0 - BIDDING AND CONTRACT REQUIREMENTS

00020 Advertisement to Bid

00100 Instructions for Bidders

00300 Form for General Bid

00302 Certificate of Authority to Sign

00405 Experience Statement

00410 Bid Bond

00510 Agreement

00610 Performance Bond

00620 Payment Bond

00700 General Conditions

00800 Supplemental General Conditions

00810 Notice of Award

00811 Notice to Proceed

00838 Certificate of Substantial Completion

00840 Work Change Directive

00842 Change Order

DIVISION 1 - GENERAL REQUIREMENTS

01010 Summary of Work

01110 Environmental Protection

01150 Measurement and Payment

01200 Project Submittals and Meetings

01562 Dust Control

01570 Traffic Regulation

01720 Project Record Documents

SPECIAL PROVISIONS

127.1 Reinforced Concrete Excavation

160.2 Controlled Low Strength Material Mechanical Excavatable (101-300 PSI)

482.31 Sawing & Sealing Joints in Asphalt Pavement at Bridges

628.24 Transition To Bridge Rail

697.1 Silt Sack

697.2 Floating Silt Fence

698.3 Geotextile Fabric For Separation

852.11 Temporary Pedestrian Barricade

852.12 Temporary Pedestrian Curb Ramp

853.331 Temporary Barrier – Limited Deflection (TL-2)

859.1 Reflectorized Drums with Sequence Flashing Warning Lights

908.10 Concrete Penetrant

912. Drilling and Grouting Dowels

989.201 Repairs to Concrete – Type A, Bridge No. A-19-011 (25M)

989.202 Repairs to Concrete – Type B, Bridge No. A-19-011 (25M)

989.203 Repairs to Concrete – Type C, Bridge No. A-19-011 (25M)

994.01 Temporary Protective Shielding Bridge No. A-19-011

APPENDICES

A Prevailing Wage Rates

B National Grid – General Guidelines for Working Around Gas Utilities

END OF SECTION

00020-1

ADVERTISEMENT TO BID

SECTION 00020

TOWN OF AYER, MASSACHUSETTS

BARNUM ROAD BRIDGE REHABILITATION

The Town of Ayer DPW is seeking bids for the "Barnum Road Bridge Rehabilitation” project.

Sealed Bids for the General Contract will be received from General Contractors for construction of the Barnum Road Bridge Rehabilitation project at the Ayer DPW Administrative building at 25 Brook Street, Ayer, MA 01432 until Friday, August 14th, 2026 2:00 (PM), and at that time and place bids will be publicly opened and read aloud.

The Barnum Road Bridge Rehabilitation Project proposes the preservation of an 85-year-old bridge structure through numerous targeted repairs. The project proposes several concrete repairs, including repair of the bridge deck slab (underside), sidewalk slab, pile caps, and wingwalls. Their repairs will improve observed cracking, spalling, and delamination. The project proposes stabilization of slopes to permanently improve observed erosion. The project also proposes safety upgrades, including replacement of non-compliant guardrail systems with new

MASH-compliant guardrails.

The Notice to proceed to start construction will be issued no earlier than April 5th, 2027.

The time for completion of this contract is 180 calendar days following the Notice to Proceed to start construction.

The bidding and award of this Contract will be under the provisions of M.G.L. Chapter 30, Section 39M. Complete instructions for filing Bids are included in the Instructions to Bidders.

Each General Bid shall be submitted in accordance with the Instructions to Bidders and shall be accompanied by a Bid Security in the amount of 5 percent of the Bid.

No Bidder may withdraw their Bid for a period of sixty (60) days, excluding Saturdays, Sundays, and legal holidays after the actual date of the opening of the General Bids. This advertisement does not obligate the Owner for any costs associated with preparing or submitting bids.

The successful General Bidder must furnish a 100 percent Performance Bond and a 100 percent

Payment Bond with a surety company acceptable to the Owner.

Minimum wage rates as determined by the Commissioner of the Department of Workforce

Development under the provisions of M.G.L., Chapter 149, Section 26 to 27D, as amended, apply to this project. It is the responsibility of the contractor, before bid opening, to request, if necessary, any additional information on Prevailing Wage Rates for those trades people who may be employed for the proposed work under this contract.

All bidders must be pre-qualified by the Massachusetts Department of Transportation as follows. The MassDOT Prequalification Office will provide the Town with an official, and a waiver, contractor bid list for all contractors prequalified in the specified class of work within the parameters of this project. MassDOT prequalification of contractors with the class of work as, 00020-2

Bridge – Construction, for the project with an estimated value of $771,710.00 will be required.

Only those bidders listed in the official or waiver contractor lists issued by the MassDOT

Prequalification Office will be allowed to submit a bid.

An electronic copy of the Contract Documents will be available at https://www.ayer.ma.us/bids.

A non-mandatory Pre-Bid Meeting will be held at 10:00AM local time on July 29, 2026, at the Ayer Department of Public Works Office, 25 Brook Street, Ayer, MA 01432. Questions received at the Pre-Bid Meeting will be documented and distributed to plan holders as an addendum. A site walk, if deemed necessary, will follow the meeting.

The Owner reserves the right to waive any informality in or to reject any or all Bids if deemed to be in its best interest.

DEPARTMENT OF PUBLIC WORKS

AYER, MASSACHUSETTS

00100-1

INSTRUCTIONS TO BIDDERS

00100-1

SECTION 00100

1.01 BIDDING DOCUMENTS

Bids for "Barnum Road Bridge Rehabilitation" will be received at the Ayer Department of Public Works, 25 Brook Street, Ayer, MA 0l432 until August 14th, 2026, 2:00 PM at which time they will be publicly opened and read aloud.

Each bid shall be submitted in a SEALED ENVELOPE MARKED "Barnum Road Bridge

Rehabilitation".

Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the

Advertisement or Invitation to Bid may be obtained from the OWNER. The deposit will be refunded to each document holder who returns a complete set of bidding documents in good condition within 30 days after opening of bids.

Complete sets of Bidding Documents must be used in preparing Bids. Owner does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding

Documents.

1.02 BIDDING REQUIREMENTS

Questions, Clarifications and Interpretations: Bidders shall promptly notify the Town of Ayer Town

Engineer of questions, ambiguities, inconsistencies, errors, or omissions which they may discover upon examination of the Contract and Specification documents, the site and local conditions.

Written Request Required: Submit written request for clarification and interpretation to the Town of Ayer

Town Engineer by email at mhernon@ayer.ma.us.

Time Required: Requests for clarifications and interpretations must be received by the Town of Ayer

Town Engineer at least five working days [Saturdays, Sundays, Holidays excluded] prior to the date bids are due.

Response, Addenda: The response will be in the form of written addenda, which shall become part of the

Contract Documents. Clarifications and interpretations offered by the Towns in any form other than formal written addenda shall be invalid.

Issuance of Addenda: Addenda will be issued by email to all plan holders.

Addenda Must Be Acknowledged: Bidders shall acknowledge Addenda in the spaces provided on the bid forms. Failure of a bidder to acknowledge Addenda in the spaces provided on the bid form may cause rejection of the bid or lead to protest. Failure of a bidder to receive any addenda shall not relieve it from any obligation under its bid as submitted.

00100-2

1.03- BID SECURITY

The Bid must be accompanied by Bid security made payable to Owner in an amount of 5% of Bidder’s maximum Bid price and in the form of a certified or bank check or a Bid Bond on the form attached issued by a surety meeting the requirements of the General Conditions.

All Bid Securities of Bidders except those of the three lowest responsible and eligible Bidders will be returned within five days, Saturdays, Sundays and legal holidays excluded, after opening of the General

Bids. The Bid security of the three lowest Bidders will be retained until the Successful Bidder has executed the Contract Documents, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, Owner may annul the Notice of Award and the Bid security of that Bidder will be forfeited to the OWNER as liquidated damage. The amount forfeited to OWNER shall not exceed the difference between the Bid

Price of said Bidder and that of the next lowest responsible and eligible bidder and provided further that, in case of death, disability, or other unforeseen circumstances affecting the Bidder, such Bid Security may be returned to the Bidder.

All Bid Securities will be returned on the execution of the Agreement or if no award is made within sixty

(60) days, excluding Saturdays, Sundays, and legal holidays after the actual date of the opening of the

Generals Bids, unless forfeited under the conditions herein stipulated.

1.04 PREPARATION OF BID

The Bid form is included with the Bidding Documents. Additional copies may be obtained from the Ayer

DPW. All blanks on the Bid form shall be completed by printing in ink or by typewriter and the Bid signed. A Bid price shall be indicated for each Bid item listed therein.

A Bid by a corporation shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature.

A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature.

A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be shown below the signature.

A Bid by an individual shall show the Bidder’s name and official address.

A Bid by a joint venture shall be executed by each joint venture in the manner indicated on the Bid form.

The official address of the joint venture must be shown below the signature.

All names shall be typed or printed in ink below the signatures.

The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid form. The address and telephone number for communications regarding the Bid shall be shown.

00100-3

1.05 SUBMITTAL OF BID

Each prospective Bidder is furnished one copy of the Bidding Documents including one copy each of the

Bid form and the Bid Bond. The Bid form is to be completed and submitted with the following:

A. The Bid Form in its Entirety.

B. Required Bid Security.

C. Required Experience Statement (Section 00405) with supporting data.

A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the advertisement or invitation to Bid and shall be enclosed in an opaque sealed envelope plainly marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on the outside with the notation “BID ENCLOSED –

Barnum Road Bridge Rehabilitation.” A mailed Bid shall be addressed to:

Town of Ayer

Department of Public Works

25 Brook Street

Ayer, MA 01432

A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids.

1.06 OPENING OF BIDS

Bids will be opened at the time and place indicated in the advertisement to Bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids. All Bids will remain subject to acceptance for

60 days from the date of the Bid opening, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.

1.07 BASIS OF BID; EVALUATION OF BIDS

Bidders shall submit a Bid on a lump sum basis for each lump sum item of Work and on a unit price basis for each unit price item of Work described in the Bidding Documents as provided for in the Bid Form.

The total of all estimated prices will be determined as the sum of the products of the estimated quantity of each item and the unit price Bid for the item. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

Discrepancies between words and figures will be resolved in favor of the words.

In comparison of Bids, alternates will be applied in the same order of priority as listed in the Bid Form.

After determination of the Successful Bidder based on the responsiveness, responsibility, and other

Factors set forth in the Instructions, the award may be made to said Successful Bidder on its Base Bid and any combination of its additive alternate Bids for which Owner determines funds will be available at the time of award.

00100-4

1.08 CONTRACT TIME

Contract Time: The period for this contract is as specified in the Agreement Form and Bid Form.

1.09 CONTRACT AWARD

Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any

Bidder whom it finds, after reasonable inquiry and evaluation, to be non-responsible. Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder. Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder.

In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of the Bidder and other individuals or entities proposed for those portions of the Work.

Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability to perform the Work in accordance with the Contract Documents.

1.10 SALES AND USE TAXES

Section 6(f) of Chapter 64 H of the Massachusetts General Laws exempts building materials and supplies to be used in the project from Massachusetts sales tax, and bidders shall not include in their bids any amount therefore. The words "building materials and supplies" shall include all materials and supplies consumed, employed or expended in the construction, reconstruction, alteration, remodeling or repair of any building, structure, public highway, bridge or other such public work project, as well as such material and supplies physically incorporated therein. Said words shall also include rental charges for construction vehicles, equipment and machinery rented specifically for use on the site of the project or while being used exclusively for the transportation of materials for the project.

1.11 DELETION OF ITEMS

Owner reserves the right to reduce project scope by the elimination of Bid items, reduction of quantities on unit price Bid items, or deleting elements of lump sum Bid items. No adjustment to other Bid items prices will be permitted. In the case of reduction of quantities on unit price items, the unit price will not be adjusted.

1.12 SPECIAL LEGAL REQUIREMENTS

Minimum Wage Rates as determined by the Commissioner of Department of Workforce Development under the provision of the Massachusetts General Laws, Chapter 149, Sections 26 to 27D, as amended, apply to this project. It is the responsibility of the contractor, before bid opening, to request if necessary, any additional information on Minimum Wage Rates for those trades people who may be employed for the proposed work under this contract. The State schedule of minimum wage rates is included in the

Appendix.

This project is subject to the Safety and Health Regulations of the U.S. Department of Labor set forth in

Title 29 CFR, Part 1926 and to all subsequent amendments, and to the Massachusetts Department of

Labor and Industries, Division of Industrial Safety 'Rules and Regulations for the Prevention of Accidents in Construction Operations' (Chapter 454 CMR 10.00 et seq.). Contractors shall be familiar with the requirements of these regulations.

00300-1

FORM FOR GENERAL BID

00300-1

SECTION 00300

Ayer Department of Public Works

Ayer, Massachusetts Barnum Road Bridge Rehabilitation

The following Bid is submitted to: Town of Ayer Department of Public Works 25 Brook Street

By (Contractor Name):

(Address for Giving Notice):

A. The Undersigned proposes to furnish all labor and materials required for the Barnum Road Bridge Rehabilitation project in Ayer, Massachusetts, in accordance with the accompanying plans and specifications prepared by The Ayer Department of Public Works for the contract price specified below, subject to additions and deductions according to the terms of the specifications.

B. This bid includes addenda

Number ___________ ___________ ___________ ___________ ___________ Dated ___________ ___________ ___________ ___________ ___________

C. BASE BID -The proposed contract price for the Base Bid including Bid Items 101.

through 994.01 complete is dollars ($ ).

(in Words) (in Figures)

D. The subdivision of the proposed contract price is as follows:

00300-2

BID FORM

BASE BID

Item

No.

Quantity

Item with Unit Bid Price

Written in Words

Unit Price

Dollars Cents

Amount

101.

0.17

CLEARING AND GRUBBING

DOLLARS

AND CENTS

PER ACRES

120.

EARTH EXCAVATION

PER CUBIC YARD

127.1

REINFORCED CONCRETE EXCAVATION

141.1

TEST PIT FOR EXPLORATION

144.

CLASS B ROCK EXCAVATION

00300-3

151.

GRAVEL BORROW

154.

SAND BORROW

156.

CRUSHED STONE

PER TON

160.2

CONTROLLED LOW-STRENGTH

MATERIAL - MECHANICAL

EXCAVATABLE (101-300 PSI)

170.

FINE GRADING AND COMPACTING -

SUBGRADE AREA

PER SQUARE YARD

258.

STONE FOR PIPE ENDS

00300-4

451.

HMA FOR PATCHING

452.

ASPHALT EMULSION FOR TACK

COAT

PER GALLON

482.3

SAWCUTTING ASPHALT

PAVEMENT

PER FOOT

482.31

SAWING AND SEALING JOINTS IN

ASPHALT PAVEMENT AT BRIDGES

504.

GRANITE CURB TYPE VA4 -

STRAIGHT

509.

GRANITE TRANSITION CURB FOR

PEDESTRIAN CURB RAMPS -

STRAIGHT

00300-5

620.12

GUARDRAIL, TL-2 (SINGLE FACED)

627.1

TRAILING ANCHORAGE

EACH

627.82

GUARDRAIL TANGENT END

TREATMENT, TL-2

628.24

TRANSITION TO BRIDGE RAIL

628.304

TEMPORARY IMPACT

ATTENUATOR, NON-REDIRECTIVE,

TL-2

628.4

TEMPORARY IMPACT

ATTENUATOR, REMOVED AND

RESET

00300-6

630.2

HIGHWAY GUARD REMOVED AND

DISCARDED

697.

SEDIMENTATION FENCE

697.1

SILT SACK

697.2

FLOATING SILT FENCE

698.3

GEOTEXTILE FABRIC FOR

SEPARATION

702.

HOT MIX ASPHALT SIDEWALK OR

DRIVEWAY

00300-7

748.

MOBILIZATION

LUMP SUM

751.

LOAM FOR ROADSIDES

765.

SEEDING

769.

PAVEMENT MILLING MULCH

UNDER GUARD RAIL

851.1

TRAFFIC CONES FOR TRAFFIC

MANAGEMENT

PER DAY

852.

SAFETY SIGNING FOR TRAFFIC

MANAGEMENT

PER SQUARE FOOT

00300-8

852.11

TEMPORARY PEDESTRIAN

BARRICADE

852.12

TEMPORARY PEDESTRIAN

CURBRAMP

853.1

PORTABLE BREAKAWAY

BARRICADE TYPE III

853.21

TEMPORARY BARRIER REMOVED

AND RESET

853.331

TEMPORARY BARRIER - LIMITED

DEFLECTION (TL-2)

854.016

TEMPORARY PAVING MARKINGS -

6 INCH (PAINTED)

00300-9

854.1

PAVEMENT MARKING REMOVAL

856.12

PORTABLE CHANGEABLE

MESSAGE SIGN

859.

REFLECTORIZED DRUM

859.1

REFLECTORIZED DRUMS WITH

SEQUENTIAL FLASHING WARNING

LIGHTS

864.04

PAVEMENT ARROWS AND

LEGENDS REFLECTORIZED WHITE

(THERMOPLASTIC)

866.106

6 INCH REFLECTORIZED WHITE

LINE (THERMOPLASTIC)

00300-10

867.106

6 INCH REFLECTORIZED YELLOW

LINE (THERMOPLASTIC)

902.1

3500 PSI, 1.5 INCH, 520 CEMENT

CONCRETE

904.

4000 PSI, 3/4 INCH, 610 CEMENT

CONCRETE

908.1

CONCRETE PENETRANT

910.1

STEEL REINFORCEMENT FOR

STRUCTURES - EPOXY COATED

PER POUND

912.

DRILLING AND GROUTING

DOWELS

00300-11

983.1

RIPRAP

989.201

REPAIRS TO CONCRETE - TYPE A,

BRIDGE NO. A-19-011

(25M)

989.202

REPAIRS TO CONCRETE - TYPE B,

BRIDGE NO. A-19-011 (25M)

989.203

REPAIRS TO CONCRETE - TYPE C,

BRIDGE NO. A-19-011 (25M)

994.01

TEMPORARY PROTECTIVE

SHIELDING BRIDGE NO. A-19-

011 (25M)

LUMP SUM

00300-12

E. The undersigned agrees that, if selected as general contractor, he/she will within five days, Saturdays, Sundays and legal holidays excluded, after presentation thereof by the awarding authority, execute a contract in accordance with the terms of this 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.

The undersigned declares that the only persons or parties interested in this Bid as principals are as stated; that the Bid is made without any collusion with other persons, firms, or corporations; that all, the Contract Documents as prepared by The Ayer Department of Public Works and dated July 2026 have been carefully examined; that the undersigned is fully informed in regard to all conditions pertaining to the Work and the place where it is to be done, and from them the undersigned makes this Bid. These prices shall cover all expenses incurred in performing the Work required under the Contract Documents, of which this Bid Form is a part.

The time period for holding bids, where Federal approval is not required is 30 days, Saturdays, Sundays and legal holidays excluded, after the opening of bids.

The Bid Security accompanying this Bid shall be in the amount of 5 percent of the Bid. The Bid Security shall be sealed in a separate envelope from the Bid and then attached to the envelope containing the Bid.

If a Notice of Award accompanied by at least two unsigned copies of the Agreement and all other applicable Contract Documents is delivered to the undersigned within thirty days, excluding Saturdays, Sundays, and legal holidays after the actual date of the opening of the General Bids, the undersigned will within five days, excluding Saturdays, Sundays, and legal holidays, after the date of receipt of such notification, execute and return all copies of the Agreement and all other applicable Contract Documents to OWNER. The premiums for all Bonds required shall be paid by CONTRACTOR and shall be included in the Contract Price. The undersigned Bidder further agrees that the Bid Security accompanying this Bid shall become the property of OWNER if the Bidder fails to execute the Agreement as stated above.

The undersigned hereby agrees that the Contract Time shall commence twenty days following the Effective Date of the Agreement and that the Work will be substantially complete and completed and ready for final payment in accordance with paragraph the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. Work will be substantially complete within 150 calendar days after the date when the Contract Time commences to run provided in the General Conditions and completed and ready for final payment within 180 calendar days after the date when the Contract Time commences to run. The undersigned further understands that delays in completion of the Work will cause the OWNER to suffer damages and incur substantial costs, and will expose the OWNER to other substantial liabilities, and that if the selected Contractor shall neglect, fail or refuse to achieve Substantial Completion or final completion of the Work within the times specified above, as such times may be extended pursuant to the provisions of the Contract Documents, the OWNER will hold the selected Contractor

00300-13 strictly liable for all such damages and any other damages, costs, expenses or liabilities sustained or incurred by the OWNER arising out of such delays, as further provided in the Agreement, or for any delay in achieving any other milestones set forth in the Contract Documents in accordance with the terms of the Agreement. The undersigned accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work on time in the amount of $500 per day after substantial completion time limits and $500 per day after final completion time limits.

In accordance with the above understanding, the undersigned proposes to perform the Work, furnish all materials, and complete the work in its entirety in the manner and under the conditions required.

In comparison of Bids, alternates will be applied in the same order of priority as listed in the Bid Form. After determination of the Successful Bidder based on the responsiveness, responsibility, and other Factors set forth in the Instructions, the award may be made to said Successful Bidder on its Base Bid and any combination of its additive alternate Bids for which Owner determines funds will be available at the time of award.

The undersigned agrees that extra work, if any, will be performed in accordance with Article 10 of the General Conditions of the Contract and will be paid for in accordance with Article 11 of the General Conditions of the Contract.

The bidding and award of this Contract will be in accordance with M.G.L. Chapter 30, Section 39M.

The undersigned must furnish a 100 percent Performance Bond and a 100 percent Payment Bond with a surety company acceptable to OWNER.

Where indicated for amounts to be shown in both words and figures, in case of discrepancy, the amount shown in words shall govern.

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

(a) This Bid Form in its Entirety.

(b) Required Bid Security.

(c) Required Experience Statement (Section 00405) with supporting data.

00300-14

CERTIFICATIONS

Pursuant to M.G.L. Ch. 62C, sec. 49A, I certify under the penalties of perjury that I, to my best knowledge and belief, have filed all state tax returns and paid all state taxes required under law.

The undersigned hereby certifies that he/she 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/she will comply fully with all laws and regulations.

The undersigned further 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 subsection the word “person” shall mean any natural person, joint venture, partnership, corporation or other business or legal entity.

The undersigned further certifies under penalty of perjury that the said undersigned is not presently debarred from doing public construction work in the Commonwealth under the provisions of Section Twenty-nine F of Chapter Twenty-nine, or any other applicable debarment provisions of any other chapter of the General Laws or any rule or regulation promulgated thereunder.

Social Security Number or Individual or Corporate Name Federal Identification Number (Print or Type)

By:

(Signature)

00300-15

RESPECTFULLY SUBMITTED on _____________________, 20___

An Individual

By (Individual's Name)

(SEAL)

doing business as

Business address:

Phone No.:

A Partnership

By (Firm Name)

(SEAL)

(General Partner)

A Corporation

By (Corporation Name) (Corporate Seal)

(State of Incorporation)

By (Name and Title of Person Authorized to Sign)

Attest (Secretary)

A Joint Venture

By (Name) (SEAL)

(Address)

Phone No.:

By (Name) (SEAL)

(Address)

Phone No.:

By (Name) (SEAL)

(Address)

(Each joint venture must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above).

00302-1

SECTION 00302

CERTIFICATE OF AUTHORITY TO SIGN

At a duly authorized meeting of the Board of Directors of (Company Name) held on , at which all the Directors were present or waived notice, it was voted (Date) that , , (Officer Names) of this Company, be and he/she/they hereby is/are authorized to execute Bidding Document, Contracts and Bonds in the name and on 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 such under seal of the Company shall be valid and binding upon this Company.

(Officer/Title)

I hereby certify that the above vote has not been amended or rescinded and remains in full effect as of this date .

A true copy, ATTEST

Clerk

(Corporate Seal)

(General Bidders and Sub-Bidders shall complete and submit this Form or a similar Form as proof of Authority to Sign)

00405-1

EXPERIENCE STATEMENT

00405-1

SECTION 00405

All questions must be answered with clear and comprehensive data; if necessary, add additional pages. This statement must be notarized.

l. Name of Bidder.

2. Permanent Main Office address.

3. When organized.

4. Where incorporated.

5. How many years have you been engaged in the contracting business under your present firm name? Also state names and dates of previous firm names, if any.

6. State work of a similar nature to that stated in the Bid Proposal, including references that will assist the Owner to judge experience, skill and business standing:

7. Contracts on hand. (Schedule these, showing gross amount of each contract and the approximate anticipated dates of completion.)

8. General character of work performed by your company.

00405-2

27DPW01 – Barnum Road Bridge Rehabilitation

9. Have you ever failed to complete any work awarded to you?___(Yes)

___(No) If so, where and why?

10. Have you ever defaulted on a contract? ___(Yes) ___(No). If so, where and why?

11. List the more important contracts recently executed by your company, stating approximate cost for each, and the month and year completed.

12. List your major equipment available for this contract.

13. List your key personnel such as Project Superintendent and foremen available for this contract.

14. List any subcontractors whom you would expect to use and the general components of the Project (e.g. Electrical, Plumbing, HVAC, etc.) for which they will be responsible.

Indicate other projects on which the proposed subcontractor has worked with you.

15. Name and address of banking institutions with whom you do business.

Do you grant the Engineer permission to contact this (these) institutions? ___(Yes)

___(No)

00405-3

Dated at ____________________ this _______________ day of ______________, 20____

(Name of Bidder)

By_______________________________________

State of ________________S Title________________________________________

County of _______________)

_______________________ being duly sworn, deposes and says that he is of _______________________________________ and that the answers to the foregoing

(Name of Organization) questions and all statements contained therein are true and correct.

Sworn to before me this ________________ day of ________________________, 20___.

(Notary Public)

My commission expires_______________________.

PENAL SUM FORM

EJCDC NO. C-430 (2002 Edition) 00410-1

SECTION 00410

BID BOND

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

BIDDER (Name and Address):

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

OWNER:

One Main Street

BID

Bid Due Date: Friday, August 14th, 2026, 2:00 PM

Project (Brief Description Including Location):

Barnum Road Bridge Rehabilitation

BOND

Bond Number:

Date (Not later than Bid due date):

Penal sum

(Words) (Figures)

Surety and Bidder, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each because this Bid Bond to be duly executed on its behalf by its authorized officer, agent, or representative.

BIDDER SURETY

(Seal) (Seal)

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

By: By:

Signature and Title Signature and Title

(Attach Power of Attorney)

Attest: Attest:

Signature and Title Signature and Title

Note: Above addresses are to be used for giving required notice.

PENAL SUM FORM

EJCDC NO. C-430 (2002 Edition) 00410-2

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to Owner upon default of

Bidder the penal sum set forth on the face of this Bond.

Payment of the penal sum is the extent of Surety’s liability.

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

Documents (or any extension thereof agreed to in writing by

Owner) the executed Agreement required by the Bidding

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

3. This obligation shall be null and void if:

3.1. Owner accepts Bidder's Bid and Bidder delivers

within the time required by the Bidding

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

Bidding Documents, or

3.2. All Bids are rejected by Owner, or

3.3. Owner fails to issue a Notice of Award to Bidder

within the time specified in the Bidding

Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof).

4. Payment under this Bond will be due and payable upon default by Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from

Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due.

5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from

Bid due date without Surety's written consent.

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

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

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

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

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

10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect.

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

SECTION 00510

AGREEMENT

THIS AGREEMENT is by and between The Town of Ayer, Massachusetts (“Owner”) and

(“Contractor”).

Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows:

ARTICLE 1 – WORK

1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows:

The Barnum Road Bridge Rehabilitation Project proposes the preservation of an 85-year-old bridge structure through numerous targeted repairs. The project proposes several concrete repairs, including repair of the bridge deck slab (underside), sidewalk slab, pile caps, and wingwalls. Their repairs will improve observed cracking, spalling, and delamination. The project proposes stabilization of slopes to permanently improve observed erosion.

The project also proposes safety upgrades, including replacement of non-compliant guardrail systems with new MASH-compliant guardrails. The time for completion of this contract is 180 calendar days.

ARTICLE 2 – THE PROJECT

2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows:

The Base Bid and accepted add alternates in accordance with the Contract Documents for the Project.

ARTICLE 3 – ENGINEER

3.01 The Project has been designed by Green International Affiliates (Engineer), who is to act as Owner’s representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents.

ARTICLE 4 – CONTRACT TIMES

4.01 Time of the Essence

A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract.

4.02 Days to Achieve Substantial Completion and Final Payment

A. The Work will be substantially completed within 150 days after the date when the Contract Times commence to run as provided in Paragraph 3 of the General Conditions, and completed and ready for final payment in accordance with Paragraph 3.9 of the General Conditions within 180 days after the date when the Contract Times commence to run.

4.03 Liquidated Damages

A. Contractor and Owner recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner $500 for each day that expires after the time specified in Paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner $500 for each day that expires after the time specified in Paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment.

ARTICLE 5 – CONTRACT PRICE

5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to Paragraph 5.01A.

A. For all Work, at the prices stated in Contractor’s Bid, attached hereto as an exhibit.

ARTICLE 6 – PAYMENT PROCEDURES

6.01 Submittal and Processing of Payments

A. Contractor shall submit Applications for Payment in accordance with Article 5 of the General Conditions.

Applications for Payment will be processed by Engineer as provided in the General Conditions.

6.02 Progress Payments; Retainage

A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor’s Applications for Payment on or about the 30th day of each month during performance of the Work as provided in Paragraphs 6.02.A.1 and 6.02.A.2 below. All such payments will be measured by the schedule of values established as provided in Paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements:

1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with the General Conditions:

a. 95 percent of Work completed (with the balance being retainage); and

b. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage).

2. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 98 percent of the Work completed, less such amounts as Engineer shall determine in accordance with the General Conditions.

6.03 Final Payment

A. Upon final completion and acceptance of the Work in accordance with the General Conditions and the Supplementary Conditions, Owner shall pay the remainder of the Contract Price as recommended by the Engineer and as provided in the General Conditions, less any sum Owner is entitled to set off against Engineer’s recommendation, including but not limited to liquidated damages.

ARTICLE 7 – INTEREST

7.01 Not Applicable

ARTICLE 8 – CONTRACTOR’S REPRESENTATIONS

8.01 In order to induce Owner to enter into this Agreement Contractor makes the following representations:

A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents.

B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

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

D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities).

E. Contractor has obtained and carefully studied (or assumes responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto.

F. Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents.

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

H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents.

I. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.

J. The Contract Documents are generally enough to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

ARTICLE 9 – CONTRACT DOCUMENTS

9.01 Contents

A. The Contract Documents consist of the following:

1. This Agreement (pages 1 to 5 , inclusive).

2. Performance bond and Payment bond

3. General Conditions

4. Supplementary Conditions

5. Specifications as listed in the table of contents of the Project Manual.

6. Drawings consisting of 12 sheets with each sheet bearing the following general title: Bridge Rehabilitation – Barnum Road Over Bowers Brook.

7. Addenda (numbers to , inclusive).

8. Exhibits to this Agreement (enumerated as follows):

a. Contractor’s Bid (pages to , inclusive).

b. Documentation submitted by Contractor prior to Notice of Award (pages to , inclusive).

c. .

9. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto:

a. Notice to Proceed (pages to , inclusive).

b. Work Change Directives.

c. Change Order(s).

B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above).

C. There are no Contract Documents other than those listed above in this Article 9.

D. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions.

ARTICLE 10 – MISCELLANEOUS

10.01 Terms

A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions.

10.02 Assignment of Contract

A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

10.03 Successors and Assigns

A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents.

10.04 Severability

A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.

IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in four copies. One counterpart each has been delivered to Owner, Contractor, Engineer, and Agency. All portions of the Contract Documents have been signed, initialed, or identified by Owner and Contractor or identified by Engineer on their behalf.

This Agreement is dated .

OWNER: CONTRACTOR

Select Board Town of Ayer Ayer, Massachusetts

By: By:

Title: Chair

By:

Title: Member

Title: Member Title:

[CORPORATE SEAL] [CORPORATE SEAL]

Approved:

Title: Treasurer

Attest: Attest:

Title: Clerk Title:

Address for giving notices: Address for giving notices:

Agent for service of process:

(If Contractor is a corporation or a partnership, attach evidence of authority to sign.)

00610-1

SECTION 00610

PERFORMANCE BOND

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

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

OWNER:

1 Main Street

CONTRACT

Date:

Amount:

Description (Name and Location):

Date (Not earlier than Contract Date):

Modifications to this Bond Form:

Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this

Performance Bond to be duly executed on its behalf by its authorized officer, agent, or representative.

CONTRACTOR AS PRINCIPAL SURETY

Company:

Signature: (Seal) (Seal)

Name and Title: Surety’s Name and Corporate Seal

Signature and Title

(Attach Power of Attorney)

(Space is provided below for signatures of additional parties, if required.)

Attest:

Company:

Signature: (Seal) (Seal)

Name and Title: Surety’s Name and Corporate Seal

(Attach Power of Attorney)

Attest:

Signature and Title:

EJCDC No. C-610 (2002 Edition)

Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General

Contractors of America, and the American Institute of Architects.

00610-2

1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the

Contract, which is incorporated herein by reference.

2. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 3.1.

3. If there is no Owner Default, Surety's obligation under this Bond shall arise after:

3.1. Owner has notified Contractor and Surety, at the…