450.017.27- Fish Brook TM Mods - Final Specs_09012026.pdf

INVITATION FOR BID

IFB # 450/017/27

FISH BROOK TRANSMISSION MAIN MODIFICATIONS

September 2026

Bids Due: No later than 12:00 P.M. on October 8, 2026

Late Proposals Will Be Rejected

DELIVER COMPLETED SUBMISSIONS TO:

Town of Andover, MA

Central Purchasing Department

Attn: Theresa Peznola

36 Bartlet St. Andover, MA 01810

Phone: 978-623-8951 e-mail: theresa.peznola@andoverma.us mailto:theresa.peznola@andoverma.us

THIS PAGE IS INTENTIONALLY BLANK.

TOWN OF ANDOVER

Town Offices

36 Bartlet St.

Andover, MA 01810

978-623-8200 www.andoverma.gov

INVITATION TO BID

Sealed bids for furnishing the following will be received at the Office of Central Purchasing, Andover Town Offices, 36 Bartlet St., Andover, Massachusetts 01810 until the time specified below at which time the bids will be publicly opened and read. The time received will be stamped on each bid and for a consistency of time, the clock in the Purchasing Office will be the determining time.

ITEM BID OPENING

IFB No. 450/017/27 October 8, 2026

Fish Brook Transmission Main Modifications 12:00 PM

Bid Documents and bid forms may be obtained on the Central Purchasing Department webpage located at www.andoverma.gov/bids.

A bid security in the amount of 5% of the total bid will be required.

A Pre-Bid meeting and site visit will be held for all interested parties on Wednesday, September 23, 2026, at 10:00 AM, at the Fish Brook Pumping Station, 98 Brundrett Ave., Andover, MA 01810.

Each bid must be accompanied by a bid security of CASH, CERTIFIED CHECK, or BID

BOND issued by a responsible bank or trust company licensed to do business in the State of

Massachusetts in the amount of 5% of the total bid.

Attention is directed to the minimum wage rates to be paid as determined by the Department of

Labor and Workforce Development under the provisions of Massachusetts General laws, Chapter

149, Sections 26 to 27D inclusive.

A bond of an amount equal to 50 per cent of the total amount of the bid with a surety company satisfactory to the Town, as surety, will be required for the Payment for all labor and materials used in the work. Such bond shall be prepared on forms provided by the Owner and supplied by a surety company licensed to do business in the Commonwealth of Massachusetts.

The bidding and award of this Contract will be under the provisions of M.G. L. Chapter 30, Section 39M and the provisions of M.G.L. Chapter 30, Section 39S.

Andover is an affirmative action/equal opportunity purchaser.

The Town reserves the right to accept or reject, in whole or in part, any or all bids or take whatever other action may be deemed necessary to be in the best interest of the Town.

Theresa Peznola ADV: Central Register – September 16, 2026

Purchasing Agent Andover Townsman – September 17, 2026 http://www.andoverma.gov/ http://www.andoverma.gov/bids

IFB #450/017/27

Town of Andover, Massachusetts

Purchasing Department

COVER SHEET

The Town of Andover reserves the right to reject any or all Bids, to omit any item or items called for, or to accept the bids(s) deemed in the best interest of the Town. One Original and One (1) copy of the bids must be submitted on or before October 8, 2026 at 12:00 P.M. to:

Terri Peznola, Purchasing Agent

Purchasing Department

Town Office Building

36 Bartlet Street

Andover, Massachusetts 01810

The envelope containing the Bid and required information must be sealed and marked with Proposer’s name, title of proposal, IFB number, and date of opening. The Proposer must sign all required signature pages in order for the proposal to be considered.

The Proposer acknowledges receipt of the following ADDENDA #

BUSINESS/INDIVIDUAL NAME_______________________________________________________

ADDRESS __________________________________________________________

CITY, STATE, ZIP CODE __________________________________________________________

TELEPHONE __________________________________________________________

EMAIL __________________________________________________________

INDIVIDUAL/AUTHORIZED SIGNATURE ______________________________________

AUTHORIZED OFFICER NAME (print) ______________________________________

DATE ______________________________________

By signing above, the authorized officer is certifying that a complete examination of all bid/rfp documents has been made and that the goods/services will be delivered within the time specified and at the prices stated.

All bidders must sign and submit with their bid the attached Certificate of Good Faith and Tax

Attestation Form. Failure to do so will result in the bid being unresponsive and rejected.

If bidder/proposer is a co-partnership, all partners must execute both copies of the bid/proposal, unless one partner has been authorized to sign for the co-partnership, in which case evidence of such authority shall be submitted.

If bidder/proposer is a corporation, the authorized agent shall execute both copies of the bid/proposal.

Evidence of authority to sign must be submitted.

The Town of Andover reserves the right to reject any or all bids/proposals and waive any informalities deemed to be in the best interests of the Town.

BIDDER’S CHECKLIST

The following forms are to be completed and signed (where applicable) and submitted with the proposer’s bid. Failure to include these completed forms may result in rejection of the bid.

1. Cover Sheet

2. Bid Price Sheet

3. 5% Bid Security

4. Corporate Vote Page

5. Signatures Page

6. Affidavit of OSHA Compliance

7. Reference Sheet

8. Certification of Good Faith and State Tax Compliance

9. Notice of Intent to Sign

INSTRUCTIONS TO BIDDERS

BID NO. 450/017/27

1.01 - PROPOSAL

1. Sealed proposals will be received at the time and place as designated by the Owner in the

“Invitation For Bid”.

2. If, at the time of the scheduled bid opening, the Town Offices are closed due to inclement weather or other unforeseeable events, the bid opening will be postponed until the same time as specified in the bid documents on the next normal business day. Bids will be accepted until that date and time.

3. Proposal envelopes shall be clearly marked “Sealed Bid” and addressed to: Town of

Andover, Purchasing Department, Town Offices, 36 Bartlet Street, Andover, MA 01810.

4. Proposals shall be submitted in duplicate. Proposal envelopes shall have bidder’s company name and address on the outside.

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

1.02 - BID SETS

1. Bid sets will be available at the Office of Central Purchasing website at www.andoverma.gov/bids.

1.03 – PRE-BID CONFERENCES AND SITE VISITS

There will be a pre-bid conference and site visit for all interested parties on Wednesday, September 23, 2026 at 10:00 AM at Fish Brook Pumping Station located at 98

Brundrett, Andover, MA 01810.

1.04 - QUALIFICATION AND LICENSING

1. All General Bidders are notified that they must have a Certificate of Eligibility for work from the Massachusetts Division of Capital Asset Management (DCAM) in accordance with Massachusetts General Laws Chapter 149-Section 44D and as amended by Section

46 of Chapter 48 of the Acts of 1984 when specified in the Invitation to Bid.

2. All Bidders are notified that they must be licensed under prevailing state and local laws and regulations governing the proposed work.

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

http://www.andoverma.gov/bids

4. All Bidders shall demonstrate successful completion of a minimum of three (3) projects within the past five (5) years involving the construction of 20-inch diameter or larger transmission mains and associated pressurized piping, valves, and appurtenances.

Experience shall be demonstrated through project references submitted with the Bid.

1.05 - BID WITHDRAWAL

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

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

1.06 - LOCATION OF SITE

1. The sites for the installation of the approximately 60 feet of new 24-inch ductile iron water main, horizontal wye, horizontal and vertical bends, a 2-inch corporation and tubing to facilitate emptying, side-laying gate valves, connections to existing water main, surface restoration, and all necessary and incidental appurtenances to complete the installation is the Fish Brook Pumping Station yard located at 98 Brundrett Avenue, Andover, MA.

1.07 – BID/CONTRACT DOCUMENTS

1. The Contract Documents consist of the following:

1. Specifications, as listed in the Table of Contents.

2. Drawings as indicated in the Specifications.

3. Addenda to Specifications and drawings, if any.

4. The sample construction contract agreement.

1.08 – OWNER

1. Where the term Owner is used in these Specifications, and other Contract

Documents, same refers to Town of Andover, Massachusetts, or its authorized representative.

1.09 – ENGINEER/ARCHITECT

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

Companies, LLC or their authorized representative.

1.10 - CONTRACTOR

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

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

1.11 - EXPLANATION TO BIDDERS

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

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

3. Requests for clarifications by a prospective Bidder regarding the specifications, or other bid documents must be presented in writing, via email (theresa.peznola@andoverma.us), to the Purchasing Agent before the bids are opened. Requests shall include the project specification name and date, and shall be directed to the Purchasing Agent.

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

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

1.12 - CONDITIONS OF WORK

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

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

1.13 - PERMITS, FEES AND NOTICES

1. The successful bidder shall secure all permits and licenses necessary for the proper execution and completion of the work, including a Trench Permit.

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

1.14 - COOPERATION AND COORDINATION

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

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

1.15 - TIMELY COMPLETION AND LIQUIDATED DAMAGES

1. The Contractor shall start the work under this Contract on written notice from and on date set by the Owner. The Contractor shall start the work at the building on the date set by the Owner and shall continue, without interruption, to completion with all the practical dispatch and regularity. Work is to begin in or around Spring 2027 and shall be completed in full by four weeks from the start date or by April 30, 2027, whichever is earlier. The installation of all pipes and fittings shall be completed within two weeks from the start date. Cleanup and demobilization shall be completed within four weeks from the start date. All work to be completed during normal business hours of 7:00 AM to 3:00 PM. All work to be done with minimal to no impact to office and administrative operations being held.

2. Liquidated damages in the amount of $1,000 per day shall be enforced for every day that the project is not complete past the date of April 30, 2027.

1.16 - CONTRACT FORM

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

1.17 - ADDENDA

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

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

1.18 - TAXES

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

1.19 - PROPOSAL SECURITY

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

Bidder’s Bond.

1.20 - PERFORMANCE, LABOR & MATERIALS PAYMENT BONDS

1. Before Contract signing, the Contractor shall furnish the Owner with a Labor & Materials

Payment Bond in the amount of fifty percent (50%) of the Contract price, to insure payment for all labor and materials furnished on the project.

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

1.21 – CONTRACTOR’S LIABILITY INSURANCE

1. The Contractor shall purchase and maintain such insurance as will protect him from claims set forth below which may arise out of or result from the Contractor’s operations under the Contract, whether such operations be of himself or by any subcontractor or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable.

1. Claims under Workmen’s Compensation, disability benefit and other similar employee benefit acts.

2. Claims for damages because of bodily injury, occupational sickness or disease, or death of his employees, and claims insured by usual personal injury liability coverage.

3. Claims for damage because of bodily injury, sickness or disease, or death of any person other than his employees, and claims insured by usual personal injury liability coverage.

4. Claims for damage because of injury to or destruction of tangible property, including loss of use resulting there from.

2. The Contractor shall adhere to insurance provisions as outlined in in Article XIII of the

General Conditions of the Contract.

1.22 – CONTRACTOR’S CONTRACTUAL LIABILITY

1. The Contractor hereby assumes the entire responsibility and liability for any and all injury to or death of any and all persons, including the Contractor’s employees, and for any and all damage to property caused by, resulting from or arising out of any act, omission, or neglect on the part of the Contractor or of any subcontractor or of anyone directly or indirectly employed by any of them, or of anyone for whose acts any of them may be liable in connection with operations under the Contract.

2. The Contractor further agrees to indemnify and hold harmless the Owner including the agents, employees, and representatives from and against all claims, damages, losses and expenses, including attorneys’ fees, arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property

(other than the work itself) including the loss of use resulting there from, and (2) is caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder.

3. In any and all claims against the Owner or any of their agents or employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under Workmen’s Compensation Acts, disability benefit acts or other employee benefit acts.

4. The intent of the specifications regarding insurance is to specify minimum coverages and minimum limits of liability acceptable under the Contract. However, it shall be the

Contractor’s responsibility to purchase and maintain insurance of such character and in such amounts as will adequately protect him and the Owner from and against all claims, damages, losses and expenses resulting from exposure to any casualty liability in the performance of the work, except for exclusions defined herein before.

1.23 – COMPETENCY OF BIDDERS AND REFERENCES

1. No contract will be awarded to any person, firm, or corporation that is in arrears or is in default to the Owner upon any debt or contract, or that is a defaulter, as surety or otherwise, upon any obligation to the Owner, or has failed to perform faithfully any previous contract with the Owner.

2. All Bidders must supply a list of references projects that included work with 20-inch diameter or larger transmission mains and associated pressurized piping, valves, and appurtenances performed over the last five (5) years providing names, addresses and contract person with telephone number on each project. This reference list is to be submitted with the bid.

1.24 - AWARD OF CONTRACT

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

Town of Andover, MA BID FORM

Fish Brook Transmission Main Modifications 00301-1 25006454

SECTION 00301

BID FORM

To the: Town of Andover, Massachusetts, acting through its Town Manager:

Regarding: Fish Brook Transmission Main Modifications

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

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

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

The undersigned states that no officer, agent or employees of the Owner directly or indirectly has a financial interest in this Bid.

The Undersigned, as Bidder, declares as follows

• The only parties interested in this BID as Principals are named herein;

• this BID is made without collusion with any other person, firm, or corporation;

• no officer, agent, or employee of the Owner is directly or indirectly interested in this BID;

• the Bidder has carefully examined the site of the proposed Work and fully informed and satisfied himself as to the conditions there existing, the character and requirements of the proposed Work, the difficulties attendant upon its execution and the accuracy of all estimated quantities stated in this BID, and has carefully read and examined the Drawings, the annexed proposed

AGREEMENT and the Specifications and other Contract Documents therein referred to and knows and understands the terms and provisions thereof;

• understands that information relative to subsurface and other conditions, natural phenomena, existing pipes and other structures (surface and/or subsurface) has been furnished only for his information and convenience without any warranty or guarantee, expressed or implied, that the subsurface and/or other conditions, natural phenomena, existing pipes and other structures

(surface and/or subsurface) actually encountered will be the same as those shown on the

Drawings or in any of the other Contract Documents and agrees that the Bidder shall not use or be entitled to use any such information made available to him through the Contract Documents or otherwise or obtained by him in his own examination of the site, as a basis of or ground for any claim against the Owner or the Engineer arising from or by reason of any variance which may exist between the aforesaid information made available to or acquired by him and the subsurface and/or other conditions, natural phenomena, existing pipes and other structures (surface and/or subsurface) actually encountered during the construction work, and has made due allowance therefore in this BID;

Fish Brook Transmission Main Modifications 00301-2 25006454

• and the Bidder understands that the quantities of work tabulated in this BID or indicated on the

Drawings or in the Specifications or other Contract Documents are only approximate and are subject to increase or decrease as deemed necessary by the Engineer;

• and agrees that, if this BID is accepted will contract with the Owner, as provided in the copy of the Contract Documents deposited in the office of the Engineer, this BID form being part of said

Contract Documents, and that the Bidder will perform all the work and furnish all the materials and equipment, and provide all labor, services, plant, machinery, apparatus, appliances, tools, supplies and all other things required by the Contract Documents in the manner and within the time therein prescribed and according to the requirements of the Engineer as therein set forth, and that the Bidder will take in full payment therefore the lump sum or unit price applicable to each item of the Work as stated in the schedule below:

Bidders shall insert extended item prices obtained from quantities and unit prices. In case of discrepancy between the products obtained by multiplying the estimated quantity by the unit price, the actual product shall apply. In case of discrepancy between the sum of the total figure of the items and the total amount listed, the actual sum shall apply.

Bidders must bid on each item of the Bid. Unbalanced bids may be rejected. All entries in the entire BID must be made clearly and in ink; prices bid must be written in both words and figures. In case of discrepancy, the amount shown in words will govern.

In the event the lowest bids from responsive and responsible bidders are tied, the following methods of breaking the tie shall be employed unless otherwise provided for in these bid documents: The bidder's names shall be entered on a slip of paper and placed in a hat. The award shall then be made to the bidder whose slip is drawn from the hat. The drawing of the slip from the hat shall be performed in the presence of the tied bidders unless they waive their right to be present in writing.

Refer to Section 01024 - Measurement and Payment for Item Descriptions.

Addenda: This BID includes Addenda numbered _____ to _____ (To be filled in by Bidder if

Addenda are issued.)

(Bidder) ____________________________________________________________

(by) ____________________________________________________________

(Title) ____________________________________________________________

Fish Brook Transmission Main Modifications 00301-3 25006454

BASE BID

The work of the General Bidder, being all work covered by items 1 through 14, inclusive.

Item

No.

Item Description and

Unit Price in Words

Units Estimated

Quantity

Unit Price

(In Figures)

Extended Amount

(In Figures)

1a

24-inch DI, CL 52 Pipe

Dollars and Cents l.f. 60

1b

Polyethylene Encasement (V-Bio

Wrap) l.f. 70

24-inch Gate Valve and Boxes

ea. 2

2-inch Service Taps, including corporations, fittings, curb stops, and boxes

ea. 1

4a

24-inch DI Wye, Mechanical Joint x

Mechanical Joint

ea. 1

4b

24-inch DI 45° Bend, Mechanical Joint x Mechanical Joint

Dollars and Cents

ea. 1

4c

24-inch DI 45° Bend, Mechanical Joint x Flange

ea. 1

Fish Brook Transmission Main Modifications 00301-4 25006454

Item

No.

Item Description and

Unit Price in Words

Units Estimated

Quantity

Unit Price

(In Figures)

Extended Amount

(In Figures)

4d

24-inch DI 22.5° Bend, Mechanical

Joint x Mechanical Joint

Dollars and Cents

ea. 1

4e

24-inch DI Blind Flange

Dollars and Cents

ea. 1

Exploratory Excavation c.y. 5

Rock Excavation c.y. 2

Additional Excavation c.y. 5

8a

Gravel Borrow c.y. 24

8b

Processed Gravel c.y. 13

Trench Pavement (4-inch Depth) s.y. 40

Additional Restrained Joints

Joints 18

Fish Brook Transmission Main Modifications 00301-5 25006454

Item

No.

Item Description and

Unit Price in Words

Units Estimated

Quantity

Unit Price

(In Figures)

Extended Amount

(In Figures)

Connection to Existing Water Main

ea. 2

Erosion Control Devices – Filter Sock l.f. 350

Mobilization & Demobilization

ls. 1

Miscellaneous Items

ls. 1

Total $

Fish Brook Transmission Main Modifications 00301-6 25006454

TOTAL FOR BASE BID

Total Amount of Base Bid (Basis of Award) (Items 1 through 14 inclusive).

(Amount in figures)

(Amount in words)

Basis of Award: The basis of award shall be at the Owner’s sole discretion, determined by the total

Base Bid Price. The grand total of the Base Bid, Items 1 through 14 inclusive, will be used to determine the lowest responsive bidder. Contract to be awarded to the lowest responsible and eligible bidder in compliance with Sections 39M inclusive of Chapter 30 of the General Laws of the

Commonwealth of Massachusetts.

Requirements: Specific items of this Contract may be eliminated or reduced in quantity to keep within limits of available funding, at the OWNER’s option. All of the above items shall include all labor, materials, equipment, hauling, disposal, transportation, overhead, profit and insurance to cover the work as required in the Contract Documents.

The undersigned agrees that for extra work, if any, will be performed in accordance with Article 11 of the General Conditions of the Contract and will be paid for in accordance with Article 13 of the

General Conditions of the Contract.

An unbalanced or unreasonable lump sum and/or unit price submitted herein may be considered as non-responsive to the Instructions to Bidders.

The bid security accompanying this BID shall be in the amount of five percent (5%) of the BID.

As provided in the INSTRUCTIONS TO BIDDERS, the Bidder hereby agrees that its bid shall be good and may not be withdrawn for a period of thirty (30) days, excluding Saturdays, Sundays, and legal holidays, after the opening of the bids, and that, if the Owner shall accept this BID, the Bidder will duly execute and acknowledge the AGREEMENT and furnish, duly executed and acknowledged, the required CONTRACT BONDS within five (5) working days after notification that the AGREEMENT and other Contract Documents are ready for signature.

If this BID is accepted by the Owner, the undersigned agrees to complete the entire work provided to be done under the Contract within the contract times, as stipulated in the AGREEMENT. Liquidated damages for each calendar day of delay shall be $1,000 as stipulated in the AGREEMENT.

A labor and materials bond in an amount equal to 50 percent of the total bid with a surety company qualified to do business in the Commonwealth of Massachusetts will be required.

Should the Bidder fail to fulfill any of his agreements as hereinabove set forth, the Owner shall have the right to retain as liquidated damages the amount of the bid check or cash which shall become the

Owner's property. If a performance bond was given, it is agreed that the amount thereof shall be paid as liquidated damages to the Owner by the Surety.

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The undersigned as Bidder, hereby certifies that he is aware of the applicable requirements of the

Williams-Steiger Occupational Safety and Health Act of 1970. (O.S.H.A.), and all latest revisions thereto, and that this Proposal is prepared on the basis of compliance with those requirements.

The undersigned as Bidder, hereby certifies that he will maintain records in reasonable detail, which accurately and fairly reflect the financial transactions and disposition of the Bidder, in accordance with M.G.L. Chapter 30, Section 30R.

The undersigned hereby certifies that he is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed on the work and that he will comply fully with all laws and regulations applicable to awards made subject to MGL Ch. 30, Section 39M. The bidding and award of the contract will be in full compliance with Section 39M inclusive of Chapter

30 of the General Laws of the Commonwealth of Massachusetts as last revised.

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.

Pursuant to G.L. c.62C, §49A, the undersigned bidder certifies under penalties of perjury that the he/she/it has complied with all laws of the commonwealth relating to taxes, reporting of employees and contractors, and withholding and remitting child support.

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.

Fish Brook Transmission Main Modifications 00301-8 25006454

This Proposal must bear the written signature of the Bidder or that of his duly authorized agent. If the

Bidder is a corporation or a partnership, the bid must be signed by a duly authorized officer of such corporation or by a Partner and the title of such officer must be stated. Satisfactory completion of the following data is an essential part of submission of this Proposal and is required. Bid must be embossed with corporate seal.

(SEAL)

___________________________________ By_________________________________________

(Name of Bidder) (Signature and title of authorized representative)

Date _______________________________________

Telephone) (Business address)

(Fax Number) (City and State)

END OF SECTION 00301

CORPORATE VOTE

At a duly authorized meeting of the Board of Directors of ______________________________

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

A TRUE COPY ATTEST:

Clerk, Date of this Contract

I hereby certify that I am the Clerk of ____________________________________, that

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

Clerk Corporate Seal

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

Notary Public

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

SIGNATURES

(IF AN INDIVIDUAL)

Date _______________, 20 _____

Signature of Bidder _________________________________________________

(Owner and Proprietor)

Business Name D/B/A ______________________________________________

Business Address _____________________________________________

(IF A CO-PARTNERSHIP)

Date _________________, 20 _____

Firm Name __________________________________________________

By _________________________________________________

Business Address ________________________________________________

Name and Addresses of All Members of Firm

(IF A CORPORATION)

Date __________________, 20 _____

Corporate Name ________________________________________________

By ________________________________________________

President or Authorized Agent*

Business Address _____________________________________________

AFFIDAVIT OF OSHA COMPLIANCE

The undersigned agrees that if he is selected as the contractor, he will comply with the provisions of M.G.L. Chapter 30, Section 39S.

The undersigned certifies, under penalties of perjury, that he is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed on the work;

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

Health Administration that is at least 10 hours in duration at the time the employee begins work and who shall furnish documentation of successful completion of said course with the first certified payroll report for each employee; and that all employees to be employed in the work subject to this bid have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health Administration that is at least 10 hours in duration.

Date _________________________

(Name of Bidder)

By_______________________________

(Name of person Signing Bid and Title)

Signature is required

(Business Address)

(City and State)

(Telephone Number)

REFERENCES FORM

Bidders Name:_____________________________________________________

Bidders Address:___________________________________________________

Bidder must provide MUNICIPAL references for similar type projects performed within the past three years. Attach additional pages if necessary.

Reference:___________________________________ Contact:______________

Address: ____________________________________ Phone: _______________

____________________________________________ Fax: _________________

Description and date of Project:_________________________________________

____________________________________________ Fax: _________________

____________________________________________ Fax: _________________

____________________________________________ Fax: _________________

CERTIFICATION OF GOOD FAITH & NON-COLLUSION

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

CERTIFICATE OF STATE TAX COMPLIANCE

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

Signature of authorized individual submitting bid/proposal

Printed Name

Name of Business (if applicable)

Social Security or Federal Tax Identification Number

Notice of Intent to Sign

To be considered for award of this Contract, it is required that all Bidders/Proposers agree to sign and execute the Town of Andover’s Contract, which is included in this IFB/RFP.

The terms of this Contract are non-negotiable and must be accepted without modification.

By signing below, the authorized official of the Bidder/Proposer acknowledges this requirement and agrees to accept the terms of the Town of Andover Contract and all related

Exhibits, Supplements and Contract Documents included in the IFB/RFP without modification.

Failure to sign this Notice of Intent to Sign will result in disqualification from further consideration for award of this Contract.

(Print) Name of Authorized Individual Date

(Print) Title of Authorized Individual

(Original Signature) Authorized Individual Signature

Legal Name of Firm

Updated 5-9-17 Page 1 of 50

CONSTRUCTION CONTRACT

(PROJECTS $100,000.00 AND OVER)

OWNER - CONTRACTOR AGREEMENT

PROJECT:

This agreement (“Contract”) is made as of the _______ day of__________, 20____, by and between the Town of Andover (“Town” or “Owner”) with a principal place of business at 36

Bartlet Street, Andover, MA 01810, and _________________ a _corporation with a principal place of business at ________________________, hereinafter called the “Contractor.”

Terms used in this Owner - Contractor Agreement which are defined in the General Conditions of the Contract shall have the meanings designated therein.

The Town and the Contractor agree as follows:

Article 1. Scope of Work. The Work under this Contract is defined as all work required by the

Contract Documents for the construction of Fish Brook Transmission Main Modifications, Contract No.___________, in accordance with and as described in the Plans and Specifications dated September 2026, prepared by Apex Companies, LLC. (“Designer”), as modified by

Addenda Nos.___ dated _______, 2026.

Article 2. Time for Completion. The Contractor shall commence the Work under this

Contract on the date specified in the written “Notice to Proceed,” and shall, by April 30, 2027, bring the Work to Final Acceptance. Time is of the essence of this Contract.

Article 3. Contract Price. The Town shall pay the Contractor, in current funds, for the performance of the Work, subject to additions and deductions by Approved Change Order(s), the

Contract Price of _______________________. ($________). The Unit Prices, if any, approved by the Town are those included in the Contractor’s General Bid. The following Alternates have been accepted and their costs are included in the Contract Price:

Alternate No(s):

Article 4. Approved Subcontractors. The filed Subcontractors listed in the Contractor’s

General Bid submitted by the Contractor have been approved for the performance of the specified portions of the Work subject to the Town’s verification that they have complied with state corporation and partnership registration laws. No other filed Subcontractors and no non-filed Subcontractors shall be used for these or any other portions of the Work without the prior written approval of the Town.

Article 5. Certifications. Pursuant to M.G.L. c. 62(c), s.49 (a), the individual signing this

Contract on behalf of the Contractor hereby certifies, under the penalties of perjury, that to the best of his or her knowledge and belief the Contractor has complied with all applicable state and

Updated 5-9-17 Page 2 of 50 federal tax laws. The individual signing this Contract on behalf of the Contractor further certifies under penalties of perjury that the Contractor is not presently debarred from doing public construction work in the Commonwealth under the provisions of M.G.L. c. 29, s. 29F, or any other applicable debarment provisions of any other chapter of the General Laws or any rule or regulation promulgated thereunder and is not presently debarred from doing public construction work by any agency of the United States.

Article 6. The Contract Documents: The following documents form the Contract, are incorporated by reference herein, and are referred to as the “Contract Documents:”

- Invitation to Bid

- The Instructions to Bidders

- The General Bid submitted by the Contractor

- This Owner — Contractor Agreement

- The General Conditions of the Contract

- The Plans, Specifications, Project Manual and Drawings, including Addenda identified in

Article 1 above

- All Approved Change Orders issued after execution of this Owner - Contractor Agreement

Article 7. Minority Business Enterprise and Women Business Enterprise Participation

Goals and Minority/Women Workforce Utilization Percentages: The applicable goals, if any, for minority business enterprise and woman business enterprise participation established for this

Contract are as follows:

The Minority Business Enterprise/Women Business Enterprise (MBE/WBE) participation goal for this Contract is a combined goal of _____ % of the Contract Price.

The applicable minority workforce utilization percentage is 0 %.

The applicable women workforce utilization percentage is 0 %.

Article 8. Liquidated Damages. For the purposes of Article VI of the General Conditions of the

Contract, liquidated damages for delay shall be as follows:

$ 1,000 per day, Article 9. Subject to Appropriation. Notwithstanding anything in the Contract documents to the contrary, all payments which the Town is required to make under this Contract shall be subject to appropriation or other availability of funds as certified by the Town Accountant. The

Town may immediately terminate or suspend this Agreement without liability on the part of the

Town for damages, penalties, or other charges in the event the appropriation(s) funding this

Agreement is terminated or reduced to an amount which will be insufficient to support anticipated future obligations under this Agreement.

Article 10. Additional Insurance Provisions. The insurance requirements set forth in Article

XIII of the General Conditions of the Contract are supplemented by the provisions, if any, appearing in Exhibit A attached hereto and incorporated herein.

Updated 5-9-17 Page 3 of 50

In witness whereof, the parties hereto have caused this instrument to be executed in triplicate under seal as of the date set forth above.

CONTRACTOR:

By:

Name:

Title:

Date:

TOWN:

By: _______________________________

Name: Theresa Peznola _____________

Title: _Purchasing Agent_______________

Date: ______________________________

Title: Division/Department Head

By: _________________________

Name : Andrew Flanagan________

Title: Town Manager__________

Date: ________________________

Updated 5-9-17 Page 4 of 50

Approved as to Form:

Title: Town Counsel

Certified as to Availability of Funds (M.G.L. c. 44 s. 31C)

Town Accountant

Amount

Fund

Updated 5-9-17 Page 5 of 50

Exhibit A to the Owner-Contractor Agreement

Additional Insurance Provisions

(Insert any additions or modifications to the Insurance Requirements contained in Article

XIII – Insurance Requirements

Article XIII – Section 4

Contractors Pollution Liability – NOT REQUIRED ON THIS CONTRACT

Article XIII – Section 6

Builders Risk/Installation Floater/Stored Materials – NOT REQUIRED ON THIS

CONTRACT

Updated 5-9-17 Page 6 of 50

CONSTRUCTION CONTRACT

GENERAL CONDITIONS OF THE CONTRACT

TABLE OF CONTENTS

ARTICLE I: DEFINITION OF TERMS

ARTICLE II: EXECUTION OF THE CONTRACT, SCOPE OF WORK,

INTERPRETATION OF CONTRACT DOCUMENTS

1. Execution

2. Scope of Work

3. Interpretation

4. Distribution of Work

5. Contract Price

ARTICLE III: CONTROL OF WORK / ADMINISTRATION OF THE CONTRACT

1. Designer

2. Right of Access to Work

3. Inspection No Waiver

ARTICLE IV: GENERAL PERFORMANCE OBLIGATIONS OF THE CONTRACTOR

1. Review of Contract Documents and Field Conditions

2. Supervision and Construction Procedures; Coordination; Cutting, and Patching –

3. Superintendent

4. Labor

5. Notices and Permits

6. Lines, Marks Etc.

7. Excavation

8. Dewatering/Hoisting/Staging

9. Corrections to The Work; Inspection No Bar to Subsequent Corrections

10. Sanitary Facilities

11. Temporary Offices

12. Contract Documents at the Site

13. Telephones

14. Health, Safety and Accident Prevention

15. Debris and Chemical Waste

16. Weather Protection

17. Furnishings and Equipment

18. Form for Sub-Contract

19. Sales Tax Exemption and Other Taxes

20. Final Cleaning

21. Maintenance Data

22. Closeout Procedures

23. Risk of Loss

24. LEED Requirement

Updated 5-9-17 Page 7 of 50

ARTICLE V: MATERIALS AND EQUIPMENT

1. Materials Generally

2. Shop Drawings, Product Data, And Samples

3. Tests

4. "Or Equal" Submissions

5. Delivery and Storage of Materials; Inspection

6. Defective, Damaged, Deteriorated Materials and Rejection Thereof

ARTICLE VI: PROSECUTION AND PROGRESS

1. Beginning, Progress Schedule, And Completion of Work

2. Failure to Complete Work on Time - Liquidated Damages

3. Delays; Statutory Provisions

4. Use and Occupancy Prior To Final Acceptance

5. Certificate of Use and Occupancy

6. Final Acceptance of the Work

7. Warranty Repair List and Inspection

ARTICLE VII: CHANGES IN THE WORK

1. Change Orders Generally

2. Methods of Computing Equitable Adjustments

3. Work Performed Under Protest

4. False Claims, Statutory Provisions Regarding Changes

ARTICLE VIII: PAYMENT PROVISIONS

1. Schedule of Values

2. Payment Liabilities of the Contractor

3. Retention of Moneys by Town

4. Applications for Payment

5. Statutory Provisions Regarding Payment

6. Final Payment; Release of Claims by Contractor

ARTICLE IX: GUARANTEES AND WARRANTIES

1. General Warranty

2. Special Guarantees and Warrantees

ARTICLE X: MISCELLANEOUS LEGAL REQUIREMENTS

1. Contractor to Be Informed

2. Compliance with All Laws

Updated 5-9-17 Page 8 of 50

ARTICLE XI: CONTRACTOR'S ACCOUNTING METHOD REQUIREMENTS (M.G.L.

c., s. 39R)

1. Definitions

2. Record Keeping

3. Statement of Management Controls

4. Annual Financial Statement

5. Bid Pricing Materials

ARTICLE XII: GOALS FOR PARTICIPATION BY MINORITY BUSINESS

ENTERPRISES AND WOMEN BUSINESS ENTERPRISES (EXECUTIVE ORDER 390)

ARTICLE XIII: INSURANCE REQUIREMENTS

1. Insurance Generally

2. Contractor's Commercial General Liability

3. Vehicle Liability

4. Pollution Liability

5. Worker's Compensation

6. Builder's Risk/ Installation Floater/ Stored Materials

7. Umbrella Coverage

8. Additional Types of Insurance

ARTICLE XIV: INDEMNIFICATION

1. Generally

2. Survival

ARTICLE XV: PERFORMANCE AND PAYMENT BONDS

1. Contractor Bonds

2. Subcontractor Bonds

ARTICLE XVI: TERMINATION OF THE CONTRACT

1. Termination for Cause

2. Termination for Convenience

3. Contractor’s Duties Upon Termination for Convenience

ARTICLE XVII: MISCELLANEOUS PROVISIONS

1. No Assignment by Contractor

2. Non-Appropriation

3. Claims by Others Not Valid

4. No Personal Liability by Public Officials

5. Severability

6. Choice of Laws

7. No Waiver of Subsequent Breach

8. Remedies Cumulative

9. Notices

10. Statutory Compliance

Updated 5-9-17 Page 9 of 50

ARTICLE I: DEFINITION OF TERMS

The following words shall have the following meanings as used in this Contract:

Advertisement: The Advertisement or Notice Inviting Bids or Proposals for the Work identified in Article 6 of the Owner - Contractor Agreement.

Approval: (or approved): An approval in writing signed by the authorized signatory of the Town.

Architect: The architect identified as the Designer in Article 1 of the Owner - Contractor Agreement.

As directed (As permitted, as required, as determined or words of like effect): The direction, permission, requirement or determination of the Designer or the Town. Similarly, approved, acceptable, satisfactory or words of like import shall mean approved by or acceptable or satisfactory to the Designer, except as may be otherwise determined by the Town.

Building Code: All applicable rules and regulations to…