The City of Waltham

Invites Interested Parties

To propose the best Bid For the service or product herewith described:

ADA RAMPS AND CONCRETE SIDEWALKS, 2026

ZOOM BID OPENING: 10:00AM Wednesday August 12th, 2026

TABLE OF CONTENTS

ADA Ramps and Concrete Sidewalks, 2026

SECTION NO. TITLE

00010 Invitation to Bid 00100 Instructions and Information for Bidders 00200 Compliance 00300 Bid Form 00500 Agreement 00540 Liquidated Damages 00610 Performance Bond 00615 Payment Bond 00700 General Conditions 00810 Supplemental Conditions 00811 Liquid Asphalt Price Adjustments 00812 Fuel Price Adjustments 00813 Structural Steel Price Adjustments 00814 Portland Cement Price Adjustments 00815 Base Prices 00821 Permits

ATTACHMENTS

A Special Provisions B Standard Details C Construction Plans

SECTION 00010

INVITATION TO BID

Location of Work: City of Waltham Massachusetts. Sealed Bids for construction of the ADA and Ramps and Concrete Sidewalks, 2026 will be received by City of Waltham Purchasing Department 610 Main Street Waltham, Massachusetts until 10:00 a.m., August 12th, 2026 at which time and place all bids will be publicly opened and bids read aloud. Bids submitted after this time will not be accepted.

Contract Documents may be obtained by visiting the City’s web site at www.city.waltham.ma.us/open-bids after July 22, 2026.

BID SECURITIES shall be in amount of 5% of the bid and in the form of a certified check drawn upon a bank within the State of Massachusetts or a bid bond executed by a surety company authorized to do business in Massachusetts, made payable to the OWNER.

The successful bidder must furnish a 100% PERFORMANCE and PAYMENT BOND and will be required to execute the Contract Agreement within five (5) days following notification of the acceptance of his Bid.

The OWNER reserves the right to reject any or all bids, to accept any bid, to waive any informality on bids received, and to omit any item or items deemed advisable for the best interests of the OWNER.

The award of the contract may be contingent upon the appropriation of funds by the Waltham City Council. All costs associated with the preparation of the bids shall be the responsibility of the bidder, regardless of whether or not the Contract is awarded.

END OF SECTION

http://www.city.waltham.ma.us/open-

SECTION 00 10 00 –

INSTRUCTION TO BIDDERS

00100 - 1

SECTION 00100 - INSTRUCTION TO BIDDERS

PART 1 - GENERAL

1.01 SCHEDULE OF DATES

A. Advertisement appears in Central Register, Plans and Specifications ready for Bidders at www.city.waltham.ma.us/bids.

B. Pre-bid meeting: N/A

C. Questions and requests for interpretations may be submitted in writing via e-mail ONLY to cphilpott@city.waltham.ma.us up to 12:00 Noon July 31st, 2026

D. Addenda will be issued with interpretations as determined by the Purchasing Department only via e-mail and posting on the web site.

E. General Bids Deadline: 10.00 A.M. August 12th, 2026 in the Purchasing

Department, City Hall, 610 Main Street, Waltham, MA 02452, Attn: C. Philpott, CPO, where the bids will be publicly open and read.

1.02 BIDDING PROCEDURE

A. Bids for the work are subject to the provisions of Massachusetts General Laws, Chapter 30, 39M, as amended. Regulations governing the bidding procedures as set forth in the above mentioned amended General Laws must be followed.

B. In the event of any inconsistencies between any of the provisions of these Contract Documents and of the cited statute, anything herein to the contrary notwithstanding, the provisions of the said statute shall control.

C. No General Bid received by the Awarding Authority after the time respectively established herein for the opening of General Bids will be considered, regardless of the cause for the delay in the receipt of any such bid.

1.03 WITHDRAWAL OF BIDS

A. Bids may be withdrawn prior to the time respectively established for the opening of

General Bids only on written request to the Awarding Authority.

1.04 INTERPRETATION OF CONTRACT DOCUMENTS

A. No oral interpretation will be made to any bidder. All questions or requests for interpretations must be made in writing ONLY to cphilpott@city.waltham.ma.us http://www.city.waltham.ma.us/bids mailto:cphilpott@city.waltham.ma.us mailto:cphilpott@city.waltham.ma.us

00100 - 2

B. Every interpretation made to a bidder will be in the form of an Addendum to the drawings and/or specifications, which will be made available to all persons to whom Contract Documents have been issued.

C. Failure of the Awarding Authority to send or of any bidder to receive any such

Addendum shall not relieve any bidder form obligation under his bid as submitted.

D. All such Addenda shall become a part of the Contract Documents.

1.05 EXAMINATION OF SITE AND CONTRACT DOCUMENTS

A. Each bidder may visit the site of the proposed work and fully acquaint himself with conditions as they exist, and may also thoroughly examine the Contract Documents.

Failure of any bidder to visit the site and acquaint himself with the Contract Documents shall not relieve any bidder from any obligation with respect to his bid.

B. By submitting a bid, the bidder agrees that the Contract Documents are adequate and that the required result for a full and complete installation can be produced. The successful bidder shall furnish any and all labor, materials, insurance, permits and all other items needed to produce the required result to the satisfaction of the Awarding Authority.

1.06 BID SECURITY

A. The General Contractor’s bid must be accompanied by bid security in the amount of five percent (5%) of the bid.

B. At the option of the bidder, the security may be bid bond, certified, treasurer’s or cashier’s check issued by a responsible bank or trust company. No other type of bid security is acceptable.

Bid Bonds shall be issued by a Surety Company qualified to do business under the laws of the Commonwealth of Massachusetts.

C. Certified, Treasurer’s or Cashier’s check shall be made payable to the City of Waltham, Massachusetts.

D. The bid security shall secure the execution of the Contract and the furnishing of a Performance and Payment Bond by the successful General Bidder for 100% of the contract value.

E. Should any General Bidder to whom an award is made fail to enter into a contract therefore within five (5) days, Saturdays, Sundays and Legal Holidays, excluded, after notice of award has been mailed to him or fail within such time to furnish a Performance Bond and also a Labor and Materials or Payment Bond as required, the amount so received from such General Bidder through his Bid Bond, Certified, Treasurer’s or Cashier’s check as bid deposit shall become the property of the City of Waltham, Massachusetts as liquidated damages; provided that the amount of the bid

00100 - 3 deposit, which becomes the property of the City of Waltham, Massachusetts, shall not in any event exceed the difference between his bid price and the bid price of the next lowest responsible and eligible bidder; and provided further that, in case of death, disability, bona fide clerical error or mechanical error of a substantial nature, or other unforeseen circumstances affecting the General Bidder, his deposit shall be returned to him.

1.07 BID FORM

A. General Bids shall be submitted on the “FORM FOR GENERAL BID” enclosed. Erasures or other changes must be explained or noted over the signature of the bidder.

B. Bid forms must be completely filled in. Bids which are incomplete, conditional, or obscure, or which contain additions not called for will be rejected.

C. General Bidders shall submit one set of executed bid forms to the Awarding Authority.

1.08 SUBMISSION OF BIDS AND BID SECURITIES

A. Each bid submitted by a General Contractor shall be enclosed in a sealed envelope that shall be placed with the bid security in an outer envelope. The outer envelope shall be sealed and clearly marked as follows:

(Firm Name):

00100 - 4

1.09 AWARD OF CONTRACT

A. The Contract shall be awarded to the lowest responsible and eligible General Bidder on the basis of competitive bids in accordance with the procedure set forth in the provision of Chapter 30, §39M of the General Laws of the Commonwealth of Massachusetts.

B. If the bidder selected as the General Contractor fails to perform his agreement to execute a contract in accordance with the terms of his General Bid, and furnish a Performance Bond and also a Labor and Materials or Payment Bond, as stated in his General Bid an award shall be made to the next lowest responsible and eligible bidder.

C. The words “lowest responsible and eligible bidder” shall be the bidder whose name is the lowest of those bidders possessing the skill, ability and integrity necessary for the faithful performance of the work and who shall certify 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. Essential information in regard to such qualifications shall be submitted in such form as the Awarding Authority may require.

D. Action on the award will be taken within sixty (60) days, Saturdays, Sundays and Legal Holidays excluded after the opening of the bids.

1.10 SECURITY FOR FAITHFUL PERFORMANCE

A. The successful bidder must deliver to the Awarding Authority simultaneously with his delivery of the executed contract, an executed Performance Bond, and also a Labor and materials or Payment Bond, each issued by 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 One Hundred Percent (100%) of the Contract Price, as surety for the faithful performance of his contract, and for the payment of all persons performing labor or furnishing materials in connection therewith. Said bonds shall provide that, if the General Contractor fails or refuses to complete the Contract, the Surety Company will be obligated to do so.

B. Premiums are to be paid by the General Contractor, and are to be included in the

Contract Price.

1.11 EQUAL OPPORTUNITY

A. The City of Waltham is an Equal Opportunity employer and will require compliance with the minority business enterprise plan (MBE) on file in the Purchasing Department

1.12 PRE-BID WALK-THRU

A. N/A

00100 - 5

1.13 SITE VISITS

A. Prospective bidders are encouraged to visit the site at their own schedule prior to the Bid Opening.

1.14 CONTRACT DOCUMENTS

A. The Awarding Authority shall make available the bid documents and addenda in the City Web site at www.city.waltham.ma.us/bids. No plans will be mailed.

1.15 EQUALITY

A. Except where otherwise specifically provided to the contrary, the words “or approved equal” are hereby inserted immediately following the name or description of each article, assembly, system, or any component part thereof in the Contract Documents. It is the Contractor’s responsibility to provide all the research and documentation that would prove a product or assembly is “equal”. Failure to provide research or documentation does not alleviate the Contractor’s responsibility to meet the schedule.

1.16 TAX FREE NUMBER

A. The City of Waltham has a tax-free number.

1.17 SCHEDULE

A. The work of the Contract shall be Complete in 60 calendar days after the date of the Notice-to-Proceed and not including weather-related shut-downs.

“Weather-related shut-downs” include the Winter Moratorium period from November 15th to April 15th; work may take place during winter moratorium period with permission and weather permitting.

1.18 INTENTIONALLY LEFT BLANK

00100 - 6

1.19 WEEKLY JOB MEETINGS

A. There will be a weekly job meeting at the site on the same agreed-upon day and time. Time will be provided to discuss and view the progress of the work and to answer questions. The Contractor’s job Superintendent and Project Manager shall attend each meeting. The City reserves the right to have job meetings conducted in the location of its choosing.

1.20 PROJECT SUPERINTENDENT

A. The Contractor shall provide the same person as Superintendent for the entire duration of the project. Failure to maintain the same person in this position shall result in a One Thousand Dollar ($1,000.00) penalty per incident which shall cover the Architect’s time to re-orient new personnel.

1.21 AWARD

A. The Awarding Authority reserves the right to reject any or all bids if it be in the public interest to do so, and to act upon the bids and make its award in any lawful manner. An award shall be made no less than 90 days from the Bid Opening Date.

1.22 PREVAILING WAGE SCHEDULE

A. Bids shall be made on the basis of the Prevailing Wage Schedule, as determined by the

Commissioner of Labor and Industries, pursuant to the provision of the Massachusetts General Laws. The Prevailing wage Schedule for this project can be found in the City’s web Site at www.city.waltham.ma.us/bids

1.23 CONFLICT OF INTEREST

A. A bidder filing a proposal thereby certifies that the proposal is made in good faith, without fraud, collusion, or connection of any kind with any other bidder for the same work, and that the bidder is competing solely on its own behalf without connection with, or obligation to, any undisclosed person or firm.

1.24 PROCEED ORDERS

A. No bidder is to proceed without a proceed order as set out in the contract.

1.25 INTENTIONALLY LEFT BLANK

00100 - 7

1.26 CONSTRUCTION BARRICADES

A. The General Contractor shall provide all barricades to enclose the work area to prevent unauthorized access to the site.

1. The barricades shall provide enough room for all construction activities to be performed while separated from pedestrians, students, and staff on site.

2. Safety is the sole responsibility of the Contractor and any barricades necessary to protect the work and the public shall be provided.

3. Provide entrance protection.

1.27 INSURANCE

A. The contractor shall purchase and maintain, at his expense all insurance required by the Contract. Documents and all insurance required by the applicable laws of Massachusetts, including but not limited to, General Laws, Chapter 146, in connection with all hoisting equipment.

B. The Contractor shall purchase and maintain such insurance as will protect him from claims under workmen’s compensation acts and from claims for damages because of bodily injury, including death and all property damage including, without limitation, damage to buildings and adjoining the site of construction which might arise from and during operations under this contract, whether such operations be by himself or by any subcontractor or anyone directly or indirectly employed by either of them including:

1. Statutory Worker’s Compensation and Employer’s Liability

The contractor shall provide insurance for the payment of compensation and the furnishing of other benefits under Chapter 152 of the General Laws (so-called Worker’s Compensation Act) to all persons to be employed under this contract and shall continue in force such insurance as aforesaid shall be deemed a material breach of this Contract and shall operate as an immediate termination thereof. The contractor shall, without limiting the generality of the foregoing, conform to the provisions of Section 34A of Chapter 149 of the General Laws, which Section is incorporated herein by reference and made a part of hereof.

2. Comprehensive General Liability Insurance

00100 - 8

Minimum bodily injury limits of $ 1,000,000 per person and $ 1,000,000 per accident, and property damage limits of $ 500,000 per accident and $ 1,000,000 aggregate during any 12-month period, shall include the following:

a. Public liability (bodily injury and property damage)

b. X.C.U. (explosion, collapse, and underground utilities)

c. Independent contractor’s protective liability.

d. Products and completed operations.

e. Save harmless agreement for Owner and Architects set forth in ARTICLE

10.11 of the GENERAL CONDITIONS.

3. Comprehensive All Risk Motor Vehicle Liability Insurance

Minimum bodily injury limits of $ 500,000 per person, $ 1,000,000 per accident, and property damage limit of $ 1,000,000 per accident.

4. All Risk Insurance

Covering all Contractors’ equipment with a provision for Waiver of Subrogation against the Owner.

5. Excess Liability Insurance in Umbrella Form with combined Bodily Injury and

Property Damage Limit of $ 1,000,000.

6. City of Waltham shall be a Named Additional Insured with a Waiver of Subrogation on the insurance policy for this project.

1.28 SITE ACCESS

A. The General Contractor shall gain access to the site via routes approved by the Owner.

1. The General Contractor as part of the bid price will restore all roads, curbs, driveways, walks and grassed or landscaped areas damaged during construction.

1.29 CONSTRUCTION TRAILER

A. The General Contractor shall locate a construction trailer at location(s) approved by the Owner.

B. The General Contractor shall locate all onsite stored or staged material(s) within an enclosed area approved by the Owner.

1.30 INTENTIONALLY LEFT BLANK

1.31 COMPLETE BID FORMS

00100 - 9

A. Please Note: Each bidder must fill in all the blanks on all the bid forms, even if the information is “zero dollars” or “not applicable”. Also, please acknowledge all Addenda issued by the Awarding Authority.

2.00 FUNDS APPROPRIATION and LOAN AUTHORIZATION.

A THE CONTRACT OBLIGATION ON BEHALF OF THE CITY IS SUBJECT TO PRIOR

APPROPRIATION OF MONIES FROM THE GOVERNMENTAL BODY AND AUTHORIZATION

BY THE MAYOR.

3.0 CITY ORDINANCE. APPROVAL OF CONTRACTS BY MAYOR, SEC. 3-12 OF THE CITY ORDINANCES.

A All contract made by any department, board or commission where the amount involved is two thousand dollars ($2,000) or more shall be in writing, and no such contract shall be deemed to have been made or executed until the approval of the Mayor is affixed thereto. Any construction contract shall, and all other contracts may, where the contract exceed five thousand dollars ($5,000) be required to be accompanied by a bond with sureties satisfactory to the Mayor

Signature of Individual or Corporate Name

By:

(Signature of Corporate Officer if applicable)

Title:

Social Security Number or Federal Identification Number:

END OF SECTION

Compliance The documents in this section shall bear "wet" Original signatures and returned with your bid

Section 00200

Compliance The compliance documents in this section must be completed, signed and returned with your bid package.

Purchasing Department City of Waltham 610 Main Street

Waltham, MA 02452 Failure to submit the completed documents will cause the disqualification of the proposal.

Section Index

Check when Complete

Non‐collusion form and Tax Compliance form………………………………… _____

Corporation Identification Form…………………………………………………….. _____

Certificate of Vote Authorization……………………………………………………. _____

Certificate of Insurance (showing all limits of WC &GL).................... _____

Three (3) References……………………………………………………………………… _____

5% Bid Bond or Certified Check>......……………………………………………… _____

Debarment Certificate ………………………………………………………………….. _____

Prevailing Wage Certificate……………………………………………………………. _____

Right‐to‐know Law………………………………………………………………………… _____

OSHA 10 Certificate for all Assigned Employees (MGL ch30, §39M and Ch 149) ______

Before the commencement of the Job, the contractor must provide to the above office:

• Performance and Payment Bonds each for 100% of the contract value and naming the City of Waltham

Your Company’s Name: ___________________________________________________

Service or Product Bid_____________________________________________________

NOTE: Failure to submit any of the required documents, in this or in other sections, with your bid response package may cause the disqualification of your proposal.

NON‐COLLUSION FORM AND TAX COMPLIANCE FORM

CERTIFICATE OF NON‐COLLUSION

The undersigned certifies under penalties of perjury that this bid or proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word “person” shall mean any natural person, business, partnership, corporation, union, committee, club, or other organization, entity or group of individuals. The undersigned certifies that no representations made by any City officials, employees, entity, or group of individuals other than the Purchasing Agent of the City of Waltham was relied upon in the making of this bid

(Signature of person signing bid or proposal) Date

(Name of business)

TAX COMPLIANCE CERTIFICATION

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

Signature of person submitting bid or proposal Date

Name of business

NOTE

Failure to submit any of the required documents, in this or in other sections, with your bid response package may cause the disqualification of your proposal.

Wet Signature Required

CERTIFICATE OF VOTE OF AUTHORIZATION

Date:

I __________________________, Clerk of_______________________________hereby certify that at a meeting of the Board of Directors of said Corporation duly held on the______day of__________________at which time a quorum was present and voting throughout, the following vote was duly passed and is now in full force and effect:

VOTED: That ___________________(name) is hereby authorized, directed and empowered for the name and on behalf of this Corporation to sign, seal with the corporate seat, execute, acknowledge and deliver all contracts and other obligations of this Corporation; the execution of any such contract to be valid and binding upon this Corporation for all purposes, and that this vote shall remain in full force and effect unless and until the same has been altered, amended or revoked by a subsequent vote of such directors and a certificate of such later vote attested by the Clerk of this Corporation.

I further certify that________________ is duly elected/appointed____________________ ____________________of said corporation

SIGNED:

(Corporate Seal)

Clerk of the Corporation:

Print Name: ______________________

COMMONWEALTH OF MASSACHUSETTS

County of________________ Date:

Then personally appeared the above named and acknowledged the foregoing instrument to be their free act and deed before me,__________________________________________

Notary Public;

My Commission expires: _________________________________

CORPORATION IDENTIFICATION

The bidder for the information of the Awarding Authority furnishes the following information.

If a Corporation:

Incorporated in what state __________________________________________________ President ________________________________________________________________ Treasurer ________________________________________________________________ Secretary ________________________________________________________________ Federal ID Number_________________________________________________________

If a foreign (out of State) Corporation – Are you registered to do business in Massachusetts?

Yes _______, No _______ If you are selected for this work you are required under M.G.L.ch. 30S, 39L to obtain from the Secretary of State, Foreign Corp. Section, State House, Boston, a certificate stating that you Corporation is registered, and furnish said certificate to the Awarding Authority prior to the award.

If a Partnership: (Name all partners) Name of partner _______________________________________________________________ Residence ____________________________________________________________________ Name of partner _______________________________________________________________ Residence ____________________________________________________________________

If an Individual:

Name ________________________________________________________________________ Residence ____________________________________________________________________

If an Individual doing business under a firm’s name:

Name of Firm _________________________________________________________________ Name of Individual _____________________________________________________________ Business Address ______________________________________________________________ Residence ____________________________________________________________________ Date ________________________

Name of Bidder _______________________________________________________________ By ________________________________________________________________________

Signature Title

Business Address (POST OFFICE BOX NUMBER NOT ACCEPTABLE) State Telephone Number Today’s Date

PROVIDE THREE (3) SERVICE APPROPRIATE REFERENCES

1. Company Name:

Address:

Contact Name:

Phone # Type of service/product provided to this Company:

Dollar value of service provided to this Company:

2. Company Name:

Address:

Contact Name:

Phone # Type of service/product provided to this Company:

Dollar value of service provided to this Company:

3. Company Name:

Address:

Contact Name:

Phone # Type of service/product provided to this Company:

Dollar value of service provided to this Company:

NOTE

Failure to submit any of the required documents, in this or in other sections, with your bid response package will be cause for the disqualification of your company.

WEEKLY PAYROLL RECORDS REPORT &

STATEMENT OF COMPLIANCE

In accordance with Massachusetts General Law c. 149, §27B, a true and accurate record must be kept of all persons employed on the public works project for which the enclosed rates have been provided, A Payroll Form has been printed on the reverse of this page and includes all the information required to be kept by law. Every contractor or subcontractor is required to keep these records and preserve them for a period of three years from the date of completion of the contract.

In addition, every contractor and subcontractor is required to submit, on a weekly basis, a copy of his or her weekly payroll records to the awarding authority. For every week in which an apprentice is employed, a photocopy of the apprentice's identification card must be attached to the payroll report. Once collected, the awarding authority is also required to preserve those reports for three years.

In addition, each such contractor, subcontractor, or public body shall furnish to the awarding authority directly, within fifteen days after completion of its portion of the work, a statement, executed by the contractor, subcontractor or public body who supervises the payment of wages, in the following form:

STATEMENT OF COMPLIANCE

___________, 20____

I_______________________________________________, ____________________________________________ (Name of signatory party) (Title)

I do hereby state that I pay or supervise the payment of the persons employed by

____________________________________________ on the______________________________________ (Contractor, subcontractor or public body) (Building or project) and that all mechanics and apprentices, teamsters, chauffeurs and laborers employed on said project have been paid in accordance with wages determined under the provisions of sections twenty‐six and twenty‐seven of chapter one hundred and forty nine of the General Laws.

Signature___________________________________, Title ___________________________

Print _______________________________________________________________________

RIGHT TO KNOW LAW

Any vendor who receives an order or orders resulting from this invitation agrees to submit a

Material Safety Data Sheet (MSDS) for each toxic or hazardous substance or mixture containing such substance, pursuant to M.G.L. c. 111F, §§8,9 and 10 and the regulations contained in 441 CMR 21.06 when deliveries are made. The vendor agrees to deliver all containers properly labeled pursuant to M.G.L. c. 111F §7 and regulations contained in 441

CMR 21.05. Failure to furnish MSDS and/or labels on each container may result in civil or criminal penalties, including bid debarment and action to prevent the vendor from selling said substances, or mixtures containing said substances within the Commonwealth. All vendors furnishing substances or mixtures subject to Chapter 111F or M.G.L. are cautioned to obtain and read the laws, rules and regulations referenced above. Copies may be obtained from the State House Bookstore, Secretary of State, State House, Room 117, Boston, MA

(617) 727‐2834.

Authorized Signature Indicating Compliance with the Right‐to‐know laws:

Signature Date

Print Name

NOTE

Failure to submit any of the required documents, in this or in other sections, with your bid response package may cause the disqualification of your proposal.

DEBARMENT CERTIFICATION

In connection with this bid and all procurement transactions, by signature thereon, the respondent certifies that neither the company nor its principals are suspended, debarred, proposed for debarment, declared ineligible, or voluntarily excluded from the award of contracts, procurement or non procurement programs from the Commonwealth of

Massachusetts, the US Federal Government and /or the City of Waltham. “Principals” means officers, directors, owners, partners and persons having primary interest, management or supervisory responsibilities with the business entity. Vendors shall provide immediate written notification to the Purchasing Agent of the City of Waltham at any time during the period of the contract of prior to the contract award if the vendor learns of any changed condition with regards to the debarment of the company or its officers. This certification is a material representation of fact upon which reliance will be placed when making the business award. If at any time it is determined that the vendor knowingly misrepresented this certification, in addition to other legal remedies available to the city of Waltham, the contract will be cancelled and the award revoked.

Company Name _______________________________________________________________

Address _____________________________________________________________________

City _________________________, State____________________, Zip Code ______________

Phone Number (____) ___________________

E‐Mail Address ________________________________________________________________

Signed by Authorized Company Representative:

Print name __________________________________________________________________, Date ____________________________

10 HOURS OSHA TRAINING CONFIRMATION

Chapter 306 of the Acts of 2004

CONSTRUCTION PROJECTS

AN ACT RELATIVE TO THE HEALTH AND SAFETY ON PUBLIC

The undersigned hereby certifies that all employees to be employed at a worksite for construction, reconstruction, alteration, remodeling, repair, installation, demolition, maintenance or repair of any public work or any public building estimated to cost more than $10,000.00 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 payroll report for each employee and will comply with all laws and regulations applicable to awards of subcontracts subject to section 44F.

Company Name:

Address:

Signature:

Title:

Print Name

Date______________

See Chapter 306 of the Acts of 2004

NOTE

Failure to submit any of the required documents, in this or in other sections, with your bid response package will be cause for the disqualification of your company.

City of Waltham 00300-1

SECTION 300

BID FORM

To the City of Waltham, Massachusetts:

Regarding: ADA Ramps and Concrete Sidewalks, 2026

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 have a financial interest in this Bid.

The undersigned, as Contractor, 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 Contractor has carefully examined the proposed Work and fully informed and satisfied themself 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 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 within the Contract Documents and agrees that the Contractor shall not use or be entitled to use any such information made available to him through 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 of 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.

• The Contractor understands that the quantities of work tabulated in this Bid or indicated in the Specifications of other Contract Documents are only approximate and are subject to increase or decrease as deemed necessary by the Engineer.

City of Waltham 00300-2

• The Contractor 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 from being part of said Contract Documents, and that the Contractor 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 prescribes and according to the requirements of the Engineer as therein set forth, and that the Contractor will take in full payment therefore the lump sum or unit price applicable to each item of the Work as states in the schedule below.

Contractors must bid on each Item.

Refer to Section Special Provisions for Measurement and Payment for Item Descriptions.

City of Waltham 00300-3

BASE SCOPE OF WORK BID FORM

The Base Bid include all the work of the Contractor, being all work covered by Items 102 through 999, inclusive.

ADA Ramps and Concrete Sidewalks, 2026

BASE BID QUANTITIES

ITEM

NO. QTY. UNIT ITEM DESCRIPTION WITH UNIT

BID PRICE WRITTEN IN WORDS

UNIT PRICE

IN FIGURES AMOUNT

120.1 5 CY

UNCLASSIFIED EXCAVATION

AT ______________________________

PER CUBIC YARD

358.1 1 EA

SIDEWALK GATE BOX ADJUSTED

AT ______________________________

PER EACH

472.2 6 SY

HOT MIX ASPHALT FOR

PERMANENT PATCH (5”)

AT ______________________________

PER SQUARE YARD

580.0 73 LF

CURB REMOVED AND RESET

AT ______________________________

PER LINEAR FOOT

697.1 7 EA

SILT SACK

AT ______________________________

701.0 10 SY

CEMENT CONC. SIDEWALK

AT ______________________________

701.2 135 SY

CEMENT CONC. WHEELCHAIR

RAMP

AT ______________________________

701.3 10 EA

DET. TILE SURFACE FOR

HANDICAP RAMPS

AT ______________________________

City of Waltham 00300-4

ITEM

NO. QTY. UNIT ITEM DESCRIPTION WITH UNIT

BID PRICE WRITTEN IN WORDS

UNIT PRICE

IN FIGURES AMOUNT

702.0 55 SY

HMA WALK SURFACE

AT ______________________________

751.2 16 SY

LOAM BORROW AND SEEDING

AT ______________________________

999.0 1 ALL

UNIFORMED POLICE DETAILS

AT ______________________________

PER ALLOWANCE

$10,000.00 $10,000.00

TOTAL BASE BID:

Price written in: Words (Dollars and Cents) Figures

Indeterminate quantities. These quantities are not guaranteed.

Payment will be based on actual quantities constructed.

City of Waltham 00300-5

ALTERNATE NO. 1 SCOPE OF WORK BID FORM

(IF AWARDED BY OWNER)

Alternate No. 1 Bid include all the work of the Contractor, being all work covered by Items 102A through

999A, inclusive.

ADA Ramps and Concrete Sidewalks, 2026

ALTERNATE NO. 1 BID QUANTITIES

ITEM

NO. QTY. UNIT ITEM DESCRIPTION WITH UNIT

BID PRICE WRITTEN IN WORDS

UNIT PRICE

IN FIGURES AMOUNT

358.1 4 EA

SIDEWALK GATE BOX ADJUSTED

AT ______________________________

697.1 5 EA

SILT SACK

AT ______________________________

701.0 260 SY

CEMENT CONC. SIDEWALK

AT ______________________________

701.1 25 SY

CEMENT CONC. DRIVEWAY

AT ______________________________

701.2 35 SY

CEMENT CONC. WHEELCHAIR

RAMP

AT ______________________________

701.3 2 EA

DET. TILE SURFACE FOR

HANDICAP RAMPS

AT ______________________________

703.0 15 SY

HMA DRIVEWAY

AT ______________________________

751.2 60 SY

LOAM BORROW AND SEEDING

AT ______________________________

City of Waltham 00300-6

ITEM

NO. QTY. UNIT ITEM DESCRIPTION WITH UNIT

BID PRICE WRITTEN IN WORDS

UNIT PRICE

IN FIGURES AMOUNT

999.0 1 ALL

UNIFORMED POLICE DETAILS

AT ______________________________

PER ALLOWANCE

$5.000.00 $5,000.00

ALTNERNATE NO. 1:

Price written in: Words (Dollars and Cents) Figures

Indeterminate quantities. These quantities are not guaranteed.

Payment will be based on actual quantities constructed.

City of Waltham 00300-7

Basis of Award: The basis of award shall be at the Owner’s sole discretion.

The Contractor hereby agrees that he will not withdraw this BID within thirty (30) consecutive calendar days after the actual date of the opening of Bids and that, if the Owner shall accept this BID, the Contractor will duly execute and acknowledge the AGREEMENT and furnish, duly executed and acknowledge, the required CONTRACT BONDS within ten (10) calendar 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 substantially complete work provided to be done under the Contract within with-in 60 calendar days, as stipulated in the AGREEMENT.

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

This Proposal must bear the written signature of the Contractor or that of his duly authorized agent. If the Contractor is a corporation or a partnership, the Bid must be signed by a duly authorized office 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 Contractor) (Signature and title of authorized representative)

Date:__________________________________

(Telephone Number) (Business Address)

(Fax Number) (City and State)

END OF SECTION 00300

SECTION 00500

AGREEMENT

CITY OF WALTHAM

This agreement, made this _______ day of ____________, 2026 by and between the CITY OF WALTHAM, party of the first part, hereinafter called the CITY, by its MAYOR, and ______________________________________________________ hereinafter called the CONTRACTOR.

Witnesseth, that the parties to this agreement, each in consideration of the agreement on the part of the others herein contained, do hereby agree, the CITY OF WALTHAM for itself, and said contractor for his heirs, executors, administrators and assigns as follows:

FOR THE COMPANY

CONTRACTOR (Signature), Date: _________

Company Address

CITY OF WALTHAM, MASSACHUSETTS

FOR THE CITY

Jeannette A. McCarthy, Mayor City of Waltham Date: ___________

Katherine Laughman, City Solicitor Date: ___________

APPROVED AS TO FORM ONLY

Michael Chiasson, DPW Director Date: ___________

Crystal Philpott, Purchasing Agent Date: ___________

Paul Centofanti, Auditor Date:__________

I CERTIFY THAT SUFFICIENT FUNDS ARE AVAILABLE FOR THIS CONTRACT

Section 00540

LIQUIDATED DAMAGES

Should a Contractor fail to complete his work on or before the time set forth or as provided in the Contract Documents covering extension of time, the Owner may retain an amount of $500.00 per calendar day as liquidated damages for each calendar day in accordance with the provisions of that section.

00610-1

PERFORMANCE BOND

SECTION 0 06 10

PERFORMANCE BOND

CITY OF WALTHAM

KNOW ALL PERSONS BY THESE PRESENT THAT,

_________________________________________________________________ as principal and ____________________________________________________________ as surety, are held and firmly bound unto the CITY OF WALTHAM and to such persons, firms, and corporations, who may furnish materials for or perform labor on the work, construction or improvements contemplated in the Contract hereinafter mentioned, or who may have any suits or claims for injury or damage to persons or property resulting from or arising out of the work done under this Contract, in the

SUM OF _________________________________DOLLARS ($___________________)

(lawful money of the United States of America) for the payment whereof the Contractor and the Surety of Sureties bind themselves and their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, THAT for the above burden (the Contractor) its heirs, executors, administrators and assigns, shall faithfully perform the Contract, on his part and during the life of any guaranty or warranty, for defective materials and workmanship required under this Contract, and satisfy all claims and demands incurred for the same; and shall fully indemnify and save harmless the City from all cost and damage which it may suffer by reason of failure so to do, and shall fully reimburse and repay the City all outlay and expense which the City may incur in making good any such default, and shall promptly make payment to all persons supplying labor or materials for use in the prosecution of the work provided for in said Contract; and shall indemnify and save harmless the said City, its officers and agents from any and all suits or claims for injury or damage to persons or property resulting from or arising our of the work done under this Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect.

PROVIDED, HOWEVER, that (except as to the City) no suit, action or proceeding by reason of any default whatever shall be brought on this Bond after two years from the day on which the final payment under the Contract falls due.

AND PROVIDED, that any alterations which may be made in the terms of the Contract or in the work to be done under it, or any assignment, transfer or subletting of any part of the work, or the giving by the City of any extension of time for the performance of the Contract, or any other forbearance on the part of either the City or the Contractor to the other, shall not in any way release the Contractor and the Surety of Sureties, or either or any of them, their heirs, executors, administrators, successors or assigns from their liability hereunder, notice to the Surety or Sureties of any such alterations, assignment, transfer, subletting extension or forbearance being hereby waived.

00610--2

PERFORMANCE BOND

This Bond is made for the use and benefit of all persons, firms, and corporations who may furnish materials, or perform any labor for or on account of said work, construction or improvements, or who may have any suits or claims for injury or damage to persons or property resulting from or arising our of the work done under this Contract, and they and each of them are hereby made obligees hereunder the same as if their own proper names were written herein as such, and they and each of them may sue hereon in their own names for their own use and benefit.

And the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed hereunder, or the Specifications accompanying the same, shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such changes, extension of time, alteration or addition to the terms of the Contract or to the work, or to the Specifications.

IN WITNESS WHEREOF, said Contractor and Surety have hereunto set their respective names this day of , 20 .

WITNESSES:

(CONTRACTOR) (SEAL)

NAME BY

(SIGNATURE AND TITLE)

ADDRESS

(SURETY) (SEAL)

NAME BY

(SIGNATURE AND TITLE)

ADDRESS BY

(ATTORNEY-IN-FACT)

POWER OF ATTORNEY

Attorneys-in-fact who sign bonds must file with each bond a certified copy of their power of attorney to sign said bonds.

00 50 20-1

PAYMENT BOND

SECTION 00 50 20

PAYMENT BOND

CITY OF WALTHAM

KNOW ALL PERSONS BY THESE PRESENT THAT,

_________________________________________________________________ as principal and ____________________________________________________________ as surety, are held and firmly bound unto the CITY OF WALTHAM and to such persons, firms, and corporations, who may furnish materials for or perform labor on the work, construction or improvements contemplated in the Contract hereinafter mentioned, or who may have any suits or claims for injury or damage to persons or property resulting from or arising out of the work done under this Contract, in the

SUM OF _________________________________DOLLARS ($___________________)

(lawful money of the United States of America) for the payment whereof the Contractor and the Surety of Sureties bind themselves and their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, THAT for the above burden (the Contractor) its heirs, executors, administrators and assigns, shall faithfully perform the Contract, on his part and during the life of any guaranty or warranty, for defective materials and workmanship required under this Contract, and satisfy all claims and demands incurred for the same; and shall fully indemnify and save harmless the City from all cost and damage which it may suffer by reason of failure so to do, and shall fully reimburse and repay the City all outlay and expense which the City may incur in making good any such default, and shall promptly make payment to all persons supplying labor or materials for use in the prosecution of the work provided for in said Contract; and shall indemnify and save harmless the said City, its officers and agents from any and all suits or claims for injury or damage to persons or property resulting from or arising our of the work done under this Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect.

PROVIDED, HOWEVER, that (except as to the City) no suit, action or proceeding by reason of any default whatever shall be brought on this Bond after two years from the day on which the final payment under the Contract falls due.

AND PROVIDED, that any alterations which may be made in the terms of the Contract or in the work to be done under it, or any assignment, transfer or subletting of any part of the work, or the giving by the City of any extension of time for the payment of the Contract, or any other forbearance on the part of either the City or the Contractor to the other, shall not in any way release the Contractor and the Surety of Sureties, or either or any of them, their heirs, executors, administrators, successors or assigns from their liability hereunder, notice to the Surety or Sureties of any such alterations, assignment, transfer, subletting extension or forbearance being hereby waived.

This Bond is made for the use and benefit of all persons, firms, and corporations who may furnish materials, or perform any labor for or on account of said work, construction or improvements, or who

00 50 20-2

PAYMENT BOND

may have any suits or claims for injury or damage to persons or property resulting from or arising our of the work done under this Contract, and they and each of them are hereby made obligees hereunder the same as if their own proper names were written herein as such, and they and each of them may sue hereon in their own names for their own use and benefit.

And the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed hereunder, or the Specifications accompanying the same, shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such changes, extension of time, alteration or addition to the terms of the Contract or to the work, or to the Specifications.

IN WITNESS WHEREOF, said Contractor and Surety have hereunto set their respective names this day of , 20 .

WITNESSES:

(CONTRACTOR) (SEAL)

NAME BY

(SIGNATURE AND TITLE)

ADDRESS

(SURETY) (SEAL)

NAME BY

(SIGNATURE AND TITLE)

ADDRESS BY

(ATTORNEY-IN-FACT)

POWER OF ATTORNEY

Attorneys-in-fact who sign bonds must file with each bond a certified copy of their power of attorney to sign said bonds.

STANDARD GENERAL CONDITIONS OF THE

CONSTRUCTION CONTRACT

TABLE OF CONTENTS

Page Article 1 – Definitions and Terminology

1.01 Defined Terms

1.02 Terminology

Article 2 – Preliminary Matters

2.01 Delivery of Bonds and Evidence of Insurance

2.02 Copies of Documents

2.03 Before Starting Construction

2.04 Preconstruction Conference; Designation of Authorized Representatives

2.05 Initial Acceptance of…