AMLP IFB Garage and Mezzanine Insulation Replacement Project.pdf

ASHBURNHAM MUNICIPAL LIGHT PLANT

INVITATION FOR BID AND

CONTRACT DOCUMENTS

FOR:

Garage and Mezzanine Insulation Replacement Project

Released: August 9, 2021

TABLE OF CONTENTS

Bidding and Contract Requirements Section Number

Notice/Invitation For Bids A-1

Instructions To Bidders B-1

Bid Response C-1

Scope of Work Statement D-1

Owner Agreement E-1

[Reserved] F-1

Payment Bond G-1

Certificate of Insurance H-1

Owner’s Terms and Conditions I-1

Prevailing Wage Schedule J-1

Owner’s Supplemental Terms and Conditions K-1

A-1

SECTION A

INVITATION FOR BIDS (IFB)

Garage and Mezzanine Insulation Replacement Project

The Ashburnham Municipal Light Plant (AMLP) invites bids for access control as described in IFB-

Garage and Mezzanine Insulation Replacement Project.

The scope of work statement, instructions to bidders, and other related bid documents are attached to this IFB. All questions or requests for clarification regarding this IFB should be emailed to the attention of Kevin Sullivan (ksullivan@amlp.org) with “IFB- Garage and Mezzanine Insulation Replacement

Project” in the subject line.

A payment 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 payment under the contract for labor and materials.

All bids for this project are subject to applicable bidding laws of Massachusetts, including M.G.L. c. 149, §§ 44A-H and M.G.L c. 30, § 39M.

Attention is directed to the minimum wage rates to be paid as determined by the Department of Labor Standards under the provisions of M.G.L. c. 149, §§ 26-27D.

All proposals must be marked on the outside “AMLP Garage and Mezzanine Insulation

Replacement Project” and be received at the office of AMLP, attention: Kevin Sullivan, 24 Williams

Road, Ashburnham, MA 01430 no later than 2:00 p.m. on September 8, 2021, at which time and place they will be publicly reviewed.

Proposals shall be accompanied by bid security in the form of a bid bond, or certified or cashier’s check issued by a responsible U.S. Bank or Trust Company, payable to the order of the Ashburnham

Municipal Light Plant for a sum not less than 5% of the of the bid price. Checks will be returned to the unsuccessful bidders after the award.

A mandatory pre-bid conference and site visit will be held at AMLP’s offices at 24 Williams Road, Ashburnham, MA 01430 on August 19, 2021 at, 1:00 p.m. in accordance with COVID-19 protocols.

AMLP reserves the right to reject any and all bids, to waive informalities and minor irregularities in bids received, if it is deemed to be in the best interest of the AMLP to do so.

Kevin Sullivan

General Manager

B-1

SECTION B

INSTRUCTIONS TO BIDDERS

1. Receipt and Opening of Bids

AMLP also referred to as the Owner, will receive Bids. Such bids shall be marked “Garage and

Mezzanine Insulation Replacement Project” and shall be addressed to Kevin Sullivan, General

Manager, Ashburnham Municipal Light Plant, 24 Williams Road, Ashburnham, MA 01430.

Such bids will be received until 2:00 p.m., on September 8, 2021, at which time and place said bids will be evaluated.

Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified will not be considered. The bidder agrees that this bid shall be good and may not be withdrawn for a period of 90 days, Saturdays, Sundays, and legal holidays excluded, after the opening of bids.

2. Location and Work to be Done

The “Work” consists of removal and replacement of insulation in AMLP’s garage and mezzanine area.

The details of the Work are indicated in Section D, SCOPE OF WORK STATEMENT.

The Contractor shall furnish all labor, services, materials, tools, supplies, and all other things necessary to do all work required for the completion of each item of the Work and as herein specified.

The Work to be done and paid for under any item shall not be limited to the exact extent mentioned or described but shall include all incidental work necessary or customarily done for the completion of that item.

The Contractor will be expected to begin preparing for project work upon issuance of the Notice to Proceed by Owner. The estimated date for such Notice to Proceed is nine (9) days after the bid opening. Within seventy-four (74) calendar days, all construction on the Project shall be completed, i.e., by November 30, 2021.

3. Preparation of Bid

Each bid must be submitted on the prescribed form, Section C, BID RESPONSE. All blank spaces for bid prices must be filled in, in ink or typewritten, in both words and figures.

If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed as specified in Receipt and Opening of Bids, above.

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Each General bidder (general and subcontractor) shall include the following with its bid:

o Bid Response, Signed o Bid Deposit (5% of the amount of the bid, in the form of a bid bond or certified bank check) o Certificate of Corporate Vote (if required)

4. Bid Opening Procedure

The following list of requirements shall apply to each filed bid. Bids not meeting all the requirements for timeliness and security will be rejected without opening; bids not meeting signature and addenda requirements will be rejected prior to checking of bid amounts.

Bids shall be filed at the place and before the time specified in Receipt and Opening of Bids, above.

Properly executed bid security shall be placed in a sealed envelope and shall be attached to the outside of the envelope containing the bid.

Bid signatures will be checked.

The Bidder must acknowledge receipt of each Addendum, if any, in the space provided on the

Bid Form.

The total dollar amount of each bid will be read, and the three apparent lowest bids will be selected for further consideration. These three apparent low bids will be read aloud for the benefit of the other bidders and the bid opening procedure will be closed. All those present at the bid opening may examine all bids after the bid opening and after the reading of the three apparent low bids.

5. Ability and Experience of Bidder

No award will be made to any bidder who cannot satisfy the Owner that he has sufficient ability and experience in this class of work and sufficient capital and plant to enable him to prosecute and complete the work successfully. The Owner's decision or judgment on these matters will be final, conclusive, and binding.

The Owner may make such investigations as he deems necessary, and the bidder shall furnish to the Owner, all such information and data for this purpose as the Owner may request. In addition to the information requested in Section C, BID RESPONSE, the following information must be submitted for inclusion in the bid evaluation process:

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A. The Contractor(s) shall submit a project description of work of a similar size and nature for a public entity (including entity’s name, contact person, project location and dates of performance).

B. A list of projects presently under contract, the approximate contract amount and the percent of completion.

C. The Contractor to show proof of compliance with Drug and Alcohol Test Procedure (D.O.T.)

for CDL driver.

D. The Contractor shall submit proof of necessary trade licenses as required by Massachusetts law.

E. The Contractor shall submit a brief resume of the qualifications of all foremen and supervisors.

F. The Contractor must have previous experience working on similar projects, and provide references for five (5) completed jobs.

6. Conditions of Work

Each bidder must familiarize himself fully with the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful bidder of his obligation to furnish all material and labor necessary to carry out the provisions of his contract. Insofar as possible the Contractor, in carrying out his work, must employ such methods or means as will not cause any interruption of or interference with the work of any other

Contractor or Owner.

7. Addenda and Interpretation

No interpretation of the meaning of the plans, specifications or other bid documents will be made to any bidder orally. Oral and other interpretations or clarifications will be without legal effect.

All information given to bidders other than by means of the plans, specifications, or by addenda, as described below, is given informally and shall not be used as the basis of a claim against the

Owner.

Every request for such interpretation should be in writing submitted to: ksullivan@amlp.org

In order to receive consideration, such request must be received at least nine (9) days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications issued not later than three

(3) days prior to the date fixed for the opening of bids. Addenda will be posted to the AMLP website (www.amlp.org) under forms and downloads. It is the responsibility of each bidder to check the AMLP website for this information. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the Contract Documents. Only questions answered by Addenda will be binding.

http://www.amlp.org/

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8. Security for Payment

Simultaneously with delivery of the executed Contract, the Contractor shall furnish a surety bond or bonds as security for the payment of all persons performing labor and supplying materials under this contract as specified in Section G, PAYMENT BOND, included herein, in the amount of fifty percent (50%) of the bid price.

The surety on such bond or bonds shall be a surety company qualified to do business under the laws of the Commonwealth and satisfactory to the Owner. The bonds shall remain in force for one year after final acceptance of the work by the Owner, unless the Owner, in writing, releases the Contractor from the obligation sooner.

9. Power of Attorney

Attorneys-in-fact who sign Contract bonds must file with each bond a certified and effectively dated copy of their power of attorney.

10. Laws and Regulations

The bidder's attention is directed to the fact that all applicable State and Federal laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the Work

(“Laws”) shall apply to the contract throughout, and they will be deemed to be included in the

Contract the same as though herein written out in full.

11. Obligation of Bidder

At the time of the opening of bids each bidder will be presumed to have inspected the site and to have read and to be thoroughly familiar with the Contract Documents. The failure or omission of any bidder to examine any form, instrument, or document shall in no way relieve any bidder from any obligation in respect of his bid.

12. Liquidated Damages for Failure to Enter into Contract

The successful bidder, upon his failure or refusal to execute and deliver the contract and bonds required within ten (10) days after he/she has received notice of the acceptance of his/her bid, shall forfeit to the Owner, as liquidated damages for such failure or refusal, a portion of security deposited with his/her bid, but the amount forfeited shall not exceed the difference between his/her bid price and the bid price of the next lowest responsible and eligible bidder. In case of death, disability, bona fide clerical or mechanical error of a substantial nature, or other similar unforeseen circumstances affecting the bidder, his/her bid deposit will be returned.

13. Information Not Guaranteed

All information given in the Contract Documents relating to subsurface and other conditions, natural phenomena, existing pipes and other structures is from the best sources presently

B-5 available to the Owner. All such information is furnished only for the information and convenience of bidders and is not guaranteed.

No bidder or Contractor shall use or be entitled to use any of the information made available to him or obtained in any examination made by him in any manner as a basis of or ground for any claim or demand against the Owner, arising from or by reason of any variance which may exist between the information made available and the actual subsurface or other structures actually encountered during the construction work, except as may otherwise be expressly provided for in the Contract Documents.

14. Bid Security

Each bid must be accompanied by a certified check, a bid bond, a treasurer's or cashier's check, payable to the Owner, in the amount of 5% of the bid price. Bid Bonds shall be T-Listed; Surety company(ies) shall be listed in the U.S. Treasury Department Circular 570, most recent edition, as amended.

Such bid security will be returned to all except the three lowest responsible and eligible bidders within five (5) days, Saturdays, Sundays, and legal holidays excluded, after the opening of bids, and the remaining security will be returned promptly after the Owner and the accepted bidder have executed the Agreement, or if no notice of intent to award has been presented to the selected contractor within 30 days, Saturdays, Sundays and holidays excluded, after the date of the opening of bids, upon demand of the bidder at any time thereafter.

15. Rejection/Disqualification

The Owner reserves the right to waive any informalities or reject any and all bids, should the

Owner deem it to be in the public interest to do so.

The Owner may also reject bids which in its sole judgment are incomplete, conditional, obscure or not responsive or which contain additions not called for, erasures not properly initialed, alterations, or similar irregularities.

The Owner also reserves the right to reject the bid of any bidder that the Owner considers to be unqualified based on the criteria set forth in Article 5 herein.

The following, without limitation, are some of the causes, which may be considered as sufficient for the disqualification of a bidder and the rejection of his bid:

A. More than one bid for the same work from an individual, firm, partnership or corporation.

B. Evidence of collusion among Bidders.

C. Poor performance in the execution of work under previous contract.

D. Failure to achieve reasonable progress on existing contract.

E. Default on previous contracts or failure to execute Contract Documents after award.

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F. Failure to fully complete Bid Form.

G. Failure to supply bid deposit.

H. Failure to include information and forms required by this IFB.

16. Site Visit

A mandatory site visit/ walk-through will be held on August 19, 2021, at 1:00 p.m. in accordance with COVID-19 protocols. All prospective bidders shall attend

17. Award of Contract

The Contract will be awarded to "the lowest responsible and eligible bidder" pursuant to the procedures of M.G.L. c. 149, § 44A(2)(C) and M.G.L. c. 30, § 39M. Such a bidder shall possess the skill, ability and integrity necessary for the faithful performance of the work, shall be able to furnish labor that can work in harmony with all other elements of labor employed, or to be employed, in the work, and shall otherwise comply with all applicable provisions of law.

18. Statutes Regulating Competitive Bidding

Any bid which does not comply with the applicable provisions of M.G.L. c. 149, §§44A et seq.

and M.G. L. c. 30, §39M need not be accepted and the Owner may reject every such bid.

19. Wage Rates

Prevailing Wage Rates as determined by the Division of Occupational Safety, Department of

Labor and Workforce Development under the provisions of M.G.L. c. 149, §§ 26 – 27G, apply to this project. Prevailing wage rates for this project are included in Section J, PREVAILING

WAGE SCHEDULE.

20. Contractor Records

The Contractor shall comply with the provisions of M.G.L. c. 30, § 39R, concerning Contractor records.

21. Insurance

The Contractor shall carry and continuously maintain until completion of the Contract, insurance as specified in Section H, CERTIFICATE OF INSURANCE.

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22. Terms and Conditions

The successful bidder will be expected to sign the OWNER AGREEMENT in Section E, attached to which will be Terms and Conditions to the Agreement, appearing in substantially similar form as set forth in Section I, OWNER’S TERMS AND CONDITIONS and Section

K, OWNER’S SUPPLEMENTARY TERMS AND CONDITIONS.

23. COVID-19 Statement

This IFB is being issued, and it is expected that the Agreement, will be executed during the pandemic caused by COVID-19 and therefore, it is presumed that Contractor has taken the impacts of such under consideration in submitting its bid.

24. OSHA Certification

Pursuant to the provisions of M.G.L. c. 30, § 39S, the Contractor must be able to certify 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 must furnish documentation of successful completion of said course with the first certified payroll report for each employee.

C-1

SECTION C

BID RESPONSE

Bid of __________________________________ (hereinafter called "Bidder")*

(____) a corporation, organized and existing under the laws of the state of

(____) a partnership

(____) a joint venture

(____) an individual doing business as _____________________________________

To the Ashburnham Municipal Light Plant (hereinafter called "Owner"):

The Bidder, in compliance with your invitation for bids for “Garage and Mezzanine Insulation

Replacement Project,” having examined the specifications with related documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies, and to construct the project in accordance with the contract documents within the time set forth below, and at the prices stated below. These prices are to cover all expenses incurred in performing the work required under the contract documents, of which this proposal is a part.

The winning Bidder hereby agrees to prepare for work under this contract on or before a date to be specified in written "Notice to Proceed" of the Owner, and to fully complete the project within seventy-four (74) calendar days thereafter (by or before November 30, 2021).

*Insert corporation, partnership or individual as applicable.

C-2

The Bidder agrees to perform the work described in the specifications for the following lump sum amount: $__________________

This bid includes addenda numbered:_______________________

The above price shall include all labor, materials, bailing, shoring, equipment, removal, disposal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for.

The Bidder understands that all bids for this project are subject to the applicable bidding laws of the Commonwealth of Massachusetts, including M.G.L. c. 149, § 44A and M.G.L. c. 30, § 39M.

The Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding.

The Bidder agrees that this bid shall be good and may not be withdrawn for a period of 90 days, Saturdays, Sundays and legal holidays excluded, after the opening of bids.

Within 10 days of receipt of the written notice of acceptance of this bid, the Bidder will execute the formal Agreement attached in Section E, OWNER AGREEMENT.

The selected Contractor shall furnish a payment bond in an amount at least equal to fifty percent

(50%) of the contract price in accordance with Section G, PAYMENT BOND, and as stipulated in

Section I, OWNER’S TERMS AND CONDITIONS of these specifications.

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

1. Have been in business under present name for ____ years.

2. The names and addresses of all persons interested in the bid (if made by a partnership or corporation) as General Partners or Principals, are as follows:

(attach supplementary list if necessary)

3. The bidder is requested to state below what work of a similar character to that included in the proposed contract he has done, and give references (including names of contacts and telephone numbers) that will enable the Owner to judge his experience, skill and business standing (add supplementary page if necessary). Bidder is also requested to

C-3 provide here, attached to this page, the information requested in Section B, INSTRUCTIONS TO BIDDERS, Article 5, including proof of licenses.

4. Bank reference _____________________________________

(Name)

(Bank)

(Address)

(Telephone No.)

Pursuant to M.G.L. c. 62C, § 49A, I certify under the penalties of perjury that I, to my best knowledge and belief, have filed all state tax returns and paid all State Taxes Required under law.

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

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 M.G. L. c.

29, § 29F, or any other applicable debarment provisions of any other chapter of the General Laws or any rule or regulation promulgated thereunder.

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.

Respectfully submitted:

Date:____________ By: _________________________________

(Signature)

(Name of Bidder)

(SEAL - if bid is by a corporation)

C-4

(Title)

(Business Address)

(City and State)

(Telephone Number)

D-1

SECTION D

SCOPE OF WORK STATEMENT

Purpose

The Ashburnham Municipal Light Plant (AMLP/Owner) seeks to improve the thermal performance of its building (“project site”), located at 24 Williams Rd, Ashburnham MA

01430. The existing Morton building has fiberglass insulation encapsulated in large plastic bags throughout the roof and wall areas of the building. The nine-inch (9”) roof insulation and approximately four-inch (4”) wall insulation will be removed by the winning bidder and discarded.

Closed cell foam insulation will be sprayed on the underside of the roof decking and the wall areas of the garage and mezzanine from the roof decking to the concrete floor1. The inside dimensions of the building are 59’ wide x 142’ long. The roof deck is 20’ 9” at the highest point sloping to18’4” at the intersection where the roof and side walls meet along the length of the building

(bidders encouraged to verify all building measurements during site visit).

Part 1 – Scope of Work

The garage is a ‘working’ garage and will continue to garage vehicles during the project in the section(s) that are not being worked on. There are seven (7) approximately 20 foot-wide sections that make up the garage and mezzanine. Section by section the work will be done as follows with all elements of the work taking place in each section prior to moving to the next.

There are eight (8) Work Elements required in this scope of work as laid out below.

Element 1: Remove existing fiberglass bags of insulation and discard.

Element 2: Clean any remaining debris off the underneath of the roof deck and 9” deck beams to provide the greatest adhesion possible to the areas being sprayed. Bidder shall follow the manufacturers recommendations for surface preparation.

Element 3: Using plastic and duct tape or other suitable means (approved by Owner), protect existing objects subject to overspray.

Element 4: Using plastic and duct tape or other suitable means (approved by Owner) hang plastic the width of the building from main beams to the floor (in the section being worked on) to avoid overspray.

Element 5: Spray foam the section roof decking and side walls of the building; roof decking to R-40 and walls to R-20. All beams in contact with the roof decking and side wall sheathing shall be encapsulated with 1” of spray foam to minimize thermal bridging.

Element 6: A fire retardant paint must be sprayed upon all surfaces previously spray foamed.

Element 7: All plastic and dust tape shall be removed from all areas previously protected to permit a completely functional garage bay exactly as before the work began. The floor shall be cleaned where necessary to scrape off any foam debris.

Element 8: All overspray shall be cleaned from the concrete floor surface upon which the spray foam lands.

D-2

The approximate geometry of the workspace is included with this work scope to acquaint the bidder with the project (Figures 1-4). Final geometry for quotation purposes is the responsibility of the bidder.

Work Element 1

The roof deck measuring 60’ wide x 142’ long is currently insulated with ‘bags’ of insulation, the total of which is 9” thick. The insulation is held in place against the corrugated metal decking by ½” wide thin, flat metal banding. In the process of removing the insulation, the banding may be unsecured from the 9” roof deck support beams and discarded to facilitate removal of the insulation2. The existing insulation3 is to be removed and disposed of and replaced with 6” closed cell foam. There is approximately 8,520 square feet of roof area to be insulated4.

Work Element 2

Using a brush, vacuum or compressed air (or some combination thereof), remove any remaining debris off the underneath of the roof deck and 9” deck beams and connectors to provide the greatest adhesion possible to the work surface of the areas being sprayed5.

Work Element 3

Using visqueen plastic and tape or other suitable means, protect existing objects subject to overspray.

These objects include but are not limited to: lighting fixtures (3 per section [10 are chain hung and can be easily removed]), sprinkler heads (10 per section), heat detectors (2 per section), electrical outlets, boxes and switches, garage door, tracks, motors, springs and guiding wheels and controller (1door per section), gas heaters (1 per section, 5 total) and associated metal exhaust system, shelving structures and any other stationary type structure whether operable or not; shall be protected from foam overspray in the process of insulating the roof deck and walls (hangers, beam clamps/clips, chain, conduits, pipe(s) and wiring need not be protected)6. Floor drains shall be covered to avoid future clogging.

Work Element 4:

Hang plastic from the two beams that ‘frame’ each section (the width of the building) to isolate the section that will be sprayed, thereby avoiding overspray in other sections that are actively being used by the Owner. The plastic will be hung from the top of the main beams to the concrete floor7.

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Work Element 5

Spray foam the roof decking, 9” decking support beams and side walls of the building within the section being worked on; roof decking to R-40 and walls to R-20. All beams in contact with the roof decking and side wall sheathing (metal skin) shall be encapsulated with 1” of spray foam to minimize thermal bridging. Any spray foam around the gas heater roof penetrations must be able to withstand 140⁰

Fahrenheit without any degradation in composition8.

Work Element 6

A fire-retardant paint must be sprayed upon all surfaces previously spray foamed. This product must conform with ASTM E84 and/or NFPA 286.

Work Element 7

All visqueen plastic and tape shall be completely removed from all areas previously protected to permit a completely functional garage bay exactly as before the work began.

Work Element 8

Prior to beginning work in the next section, all overspray shall be scraped (or if a dust agent had been used to protect the floor), swept, or otherwise cleaned from the concrete floor. The floor drain in each section must be protected from debris clogging it.

Part 2 – General Requirements

These General Requirements are intended to further describe the project and highlight critical details. In no event shall any lack of detail in this document be construed to undermine the requirement for a quality installation. Bidders shall familiarize themselves with all aspects of the site and of the project and will anticipate all contingencies relative to the local conditions under which the project will be performed. Submission of a proposal will constitute the contractor's acknowledgment and certification of having adequate knowledge of specific site conditions in order to successfully perform the tasks involved in implementing the project as described.

1. Materials:

a. All materials shall be made in the United States of America or Canada.

b. All materials and product information shall be submitted to the AMLP with the bid. Closed cell foam material shall be Huntsman Heatlok HFO High Lift (manufactured by Huntsman

Building Solutions) or equal. Bidder is responsible to demonstrate the equivalency of an alternate material if applicable.

c. Foam insulation shall be applied at no less than the thickness defined by the manufacturer of the material for the R value specified in this bid.

d. Spray-applied polyurethane foam insulation shall have a flame spread index and a smoke development index in accordance with ASTM E 84 and/or NFPA 286, unless otherwise required by the authority having jurisdiction. Fire Lok DC315 intumescent coating manufactured by International Fireproof Technologies or equal shall be used as a fire retardant thermal and ignition barrier.

D-4

e. Contractor shall confirm existing conditions and be responsible for all tasks required for application of new insulation, including accessing the work area.

f. Contractor is responsible for ensuring that the proposed foam insulation is compatible with the roof deck and shall adhere to the substrate.

2 Installation:

a. All work shall be in compliance with all applicable federal, state, and local codes and regulations.

b. Foam insulation, and intumescent coatings shall be installed in accordance with the manufacturer’s recommendations.

c. Contractor shall confirm existing conditions and be responsible for all tasks required, including accessing the work area.

d. Contractor shall return to fill any thinly insulated areas identified by Owner or Owner’s agent. Should any spray foam recede back from its surface contact after completely drying, such void(s) will be promptly and completely repaired; including fire-proofing.

3 Demolition/Removal:

The AMLP will be responsible for removing all vehicles and inventory prior to the section being worked

on. Each section will remain without vehicles or inventory while it is being worked on. Upon completion of a section, the next section will be cleared out and inventory will be moved back by the AMLP into the completed section.

Vertical shelving is bolted to the floor and will remain in place along with the upper-most shelf which will hold the structure together (can be removed if requested). The Contractor may utilize the uppermost shelf as a means to work from. If so, Contractor’s employees must conform with OSHA safety regulations. Contractor is responsible for any scaffolding or planking to complete the work.The selected Contractor shall be responsible for disposal of all identified materials ( as detailed in this document), properly off the site. Contractor shall be responsible for any and all disposal and costs.

The selected Contractor shall provide written receipt/invoices/manifests from the disposal company as proof of proper disposal of all materials.

4 Work Area:

a. An effort is to be made to minimize inconvenience to Owner’s employees and to protect the safety of such employees. The Contractor shall coordinate with AMLP work schedules and operations before and while the project is underway. Since the subject building (office area) must remain occupied to maintain business continuity, the selected Contractor must demonstrate the willingness and ability to allow access to the areas outside the work area

(isolated by plastic), with the occupants of the AMLP.

b. Contractor shall ‘seal off’ and ventilate work area (section by section) to ensure that occupants in other areas of the building can work without being affected by any fumes or vapors as a byproduct of the work.

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c. Work areas are to be kept clean and free of hazardous materials.

d. Take particular care not to damage, in any way, interior and exterior areas of building and property. Repair of any damage shall be at the Contractor’s expense.

e. Work area are to be broom cleaned on a daily basis.

f. The selected Contractor will provide all necessary labor, equipment, materials, tools, and trades to complete the Work. This includes any required lighting.

Endnotes

1The foam must be painted with an approved flame retardant paint.

2Existing 90⁰ ‘L’ shaped wind braces must remain in place.

3Every attempt shall be made to completely remove existing insulation. Where existing insulation cannot be removed due to compression between a beam and the building corrugation it shall be cut neat and sharp to the affected beam and encapsulated with spray foam.

4Measurement verification is the bidder’s responsibility.

5The winning bidder will need to ensure the adhesion of the spray foam to the corrugated decking and beams to which it will be applied.

6The winning bidder will be responsible for removing foam overspray from items left unprotected.

7The placement of plastic shall not interfere with the 1” encapsulation of the nine (9”) inch roof decking beams that cross over the main beams.

8Under winter operating conditions, AMLP personnel recorded readings of 140⁰ Fahrenheit on the metal exhaust penetrating the roof deck while the gas heaters were operating.

HOURS OF OPERATION

Work performed under this Contract will be limited to hours between 7:00 a.m. and 3:00 p.m. Monday through Friday. The building will be closed in observance of the Columbus Day, Veterans Day, Thanksgiving Day and Day after Thanksgiving holidays.

E-1

SECTION E

OWNER AGREEMENT

THIS AGREEMENT, made this day of , 2021, by and between the party of the first part, the Ashburnham Municipal Light Plant, hereinafter called "OWNER," acting herein through its General Manager, and the party of the second part, doing business as *(an individual) (a partnership) (a joint venture) (a corporation) located in the *(City) (Town) of , County of

, and State of , hereinafter called

"CONTRACTOR."

WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER, the CONTRACTOR hereby agrees with the

OWNER to commence and complete the project described as follows:

The Work generally consists of: removal and replacement of insulation in AMLP’s garage and mezzanine section of the building.

Hereinafter called the Project, on the basis of the prices submitted in Section C, FORM OF

GENERAL BID, which are hereby incorporated by reference into this Agreement and all extra work in connection therewith, under the terms as stated in the Contract Documents; and at his (its or their) own proper cost and expense to furnish all the supplies, machinery equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the Project in accordance with the conditions and prices stated in Section C, FORM OF GENERAL BID, Section I, OWNER’S TERMS

AND CONDITIONS, and the specifications and Contract Documents as prepared by the Owner.

The CONTRACTOR hereby agrees to commence work under this Contract on or before a date to be specified in writing by the OWNER.

The CONTRACTOR further agrees to fully complete the project within seventy-four (74) calendar days of the date of the Notice to Proceed.

The CONTRACTOR further agrees to pay as liquidated damages the sum of $500 for each consecutive calendar day thereafter as provided in the Liquidated Damages Paragraph of Section I

GENERAL CONDITIONS.

*Strike out inapplicable term.

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The CONTRACTOR agrees not to discriminate against or exclude any person from participation herein on grounds of race, religion, color, sex, age or national origin; and that it shall take affirmative actions to ensure that applicants are employed, and that employees are treated during their employment, without regard to race, religion, color, sex, age, handicapped status, or national origin.

The CONTRACTOR agrees not to participate in or cooperate with an international boycott, as defined in Section 999 (b)(3) and (4) of the Internal Revenue Code of 1954, as amended, or engage in conduct declared to be unlawful by Section 2 of Chapter 151E of the Massachusetts General Laws.

The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions, as provided in Section I, OWNER’S TERMS AND

CONDITIONS.

IN WITNESS WHEREOF, the parties to these presents have executed this contract in four (4) counterparts, each of which shall be deemed an original, in the year and day first above mentioned.

AGREED:

Ashburnham Municipal Light Plant (Owner)

By

(Contractor)

By

(Address)

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CERTIFICATE OF VOTE

(to be filed if Contractor is a Corporation)

I, _______________________________, hereby certify that I am

(Secretary of the Corporation) the duly qualified and acting Secretary of ______________________

(Name of Corporation) and I further certify that a meeting of the Directors of said Company, duly called and held on

_______________________, at which

(Date of Meeting) all Directors were present and voting, the following vote was unanimously passed:

VOTED: To authorize and empower

Anyone acting singly, to execute Forms of General Bid, Contracts or Bonds on behalf of the

Corporation.

I further certify that the above vote is still in effect and has not been changed or modified in any respect.

By:________________________________

(Secretary of Corporation)

A True Copy:

Attest:_________________________________

(Notary Public)

My Commission Expires:__________________

(Date)

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SECTION F

This Section Intentionally Left Blank

G-1

SECTION G

PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS: That we ___________________

________________________________ a _____________________________

(Name of Contractor) (Corporation, Partnership, Joint Venture or Individual) hereinafter called "Principal" and ______________________________

(Surety) of _______________, State of ________________________ hereinafter

(City and State) called the "Surety" and licensed by the State Division of Insurance to do business under the laws of the

Commonwealth of Massachusetts, are held and firmly bound to the Ashburnham Municipal Light Plant, hereinafter called "Owner", in the penal sum of

_________________________________________________________ Dollars

($___________________) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the Owner, dated the ______________ day of ___________________, 2021, a copy of which is hereto attached and made a part hereof for the construction described as follows:

Garage and Mezzanine Insulation Replacement Project at AMLP, 24 Williams Road, Ashburnham, MA 01430

NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such work, and all insurance premiums on said work, and for all labor, performed in such work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect.

PROVIDED, FURTHER, that the said 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 thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of this contract or to the work or to the specifications.

G-2

PROVIDED FURTHER, that Owner is the beneficiary of this bond and entitled to claims against

Surety under this bond.

PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one of which shall be deemed an original, this the _________ day of _____________________, 2021.

ATTEST:

Principal

______________________________ By______________________________

(Principal Secretary)

(Address-Zip Code)

______________________________ (SEAL)

Witness as to Principal

ATTEST:

Surety

______________________________ By______________________________

(Attorney-in-Fact)

______________________________ (SEAL)

Witness as to Surety

NOTE: Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, all partners should execute Bond.

H-1

SECTION H

CERTIFICATE OF INSURANCE

Limits should be on ACORD Form submitted with limits as attached below with coverages set forth in

Article 11 of Section I, OWNER’S TERMS AND CONDITIONS

TYPE MINIMUM LEVEL

i) ii) iii) iv)

Worker's Compensation Employer's Liability Automobile Liability

a) Bodily Injury

b) Property Damage

(Combined Limit) Commercial General Liability

a) General Aggregate Limit

b) Products-Completed Operations Aggregate Limit

c) Personal & Advertising Injury

Limit

d) Each Occurrence Limit

Statutory $1,000,000 per occurrence

$1,000,000 per person $2,000,000 per occurrence

$1,000,000 per occurrence

$5,000,000

$5,000,000

$5,000,000 $5,000,000

I-2

SECTION I

OWNER’S TERMS AND CONDITIONS

ARTICLE 1

CONTRACT DOCUMENTS

1.1 DEFINITIONS

1.1.1 THE CONTRACT DOCUMENTS

The Contract Documents consist of the Owner-Contractor Agreement, these General

Conditions, the Supplemental Terms and Conditions, the Bid Form and Bidding Documents, the

Specifications, all Addenda issued prior to and all Modifications issued after execution of the Contract, and all applicable laws, ordinances and regulations. A Modification is (1) a written amendment to the contract signed by both parties, (2) a Change Order, (3) a written interpretation issued by the Owner or

(4) a written order for a minor change in the Work issued by the Owner pursuant to Paragraph 12.3.

The Contract Documents include Bidding Documents such as the Advertisement or Invitation to Bid, the Instructions to Bidders, sample forms, the Contractor's Bid or portions of Addenda relating to any of these, or any other documents, specifically enumerated in the Owner-Contractor Agreement.

1.1.2 THE CONTRACT

The Contract Documents form the Contract for Construction. This Contract represents the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral. The Contract may be amended or modified only by a Modification as defined in Subparagraph 1.1.1.

1.1.3 THE WORK

The Work comprises the completed construction required by the Contract Documents and includes all labor necessary to produce such construction, and all materials and equipment incorporated or to be incorporated in such construction, as applicable.

1.1.4 THE PROJECT

The project is the total construction of which the Work performed under the Contract

Documents may be the whole or a part.

1.1.5 "OR EQUAL"

The use of the words "Or Equal" following the name of any manufacturer, vendor or proprietary product shall be understood to mean that articles or materials may be substituted which, in the opinion of the Owner, are equal in quality, durability, appearance, strength, design and performance to the articles or materials named or described and will perform adequately in providing a first-class facility.

I-3

When submitting shop drawing information on articles or materials which are being proposed as substitutes for specified items, the Contractor shall clearly identify them as such. If the articles or materials are accepted as equal to those on which dimensions on the drawings are based, any dimensional variance from those shown and/or specified shall be shown on the shop drawings prepared by the Contractor, illustrating the manner in which conformity to dimensions and design is to be obtained. All such drawings shall be subject to the approval of the Owner and the installation of the article shall not proceed without first obtaining said approval.

1.2 EXECUTION, CORRELATION AND INTENT

1.2.1 The Contract Documents shall be signed in not less than quadruplicate by the Owner and Contractor.

1.2.2 By executing the Contract, the Contractor represents that he has visited the site, familiarized himself with the local conditions under which the Work is to be performed, and correlated his observations with the requirements of the Contract Documents.

1.2.3 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all. Work not covered in the Contract Documents will not be required unless it is consistent therewith and is reasonably inferable therefrom as being necessary to produce the intended results. Words and abbreviations which have well-known technical or trade meanings are used in the Contract Documents in accordance with such recognized meanings.

1.2.4 The organization of the Specifications into divisions, sections and articles, and the arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade.

1.3 OWNERSHIP AND USE OF DOCUMENTS

1.3.1 All Drawings, Specifications and copies thereof furnished by the Owner are and shall remain the Owner's property. They are to be used only with respect to this Project and are not to be used on any other project without the prior written consent of the Owner. With the exception of one contract set for each party to the Contract, such documents are to be returned or suitably accounted for to the Owner at the completion of the Work. Submission or distribution to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of any reserved rights.

ARTICLE 2

2.1 ADMINISTRATION OF THE CONTRACT

2.1.1 The designated representative of the Owner or its Engineer will visit the site at intervals appropriate to the stage of construction to familiarize himself generally with the progress and quality of the Work and to determine in general if the Work is proceeding in accordance with the Contract

I-4

Documents. However, the Owner's Representative or Engineer will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work.

2.1.2 The Owner shall at all times have access to the Work wherever it is in preparation and progress. The Contractor shall provide facilities for such access so the Owner may perform its functions under the Contract Documents.

2.1.3 Based on the Owner's observations and an evaluation of the Contractor's Applications for

Payment, the Owner will determine the amounts owing to the Contractor and will issue Certificate(s) for Payment in such amounts, as provided in Paragraph 9.4.

2.1.4 The Owner will render information necessary for the proper execution or progress of the

Work within ten (10) days of any request by the Contractor or in accordance with any time limit agreed upon.

2.1.5 The Owner will have authority to reject Work which does not conform to the Contract

Documents. Whenever, in his opinion, he considers it necessary or advisable for the implementation of the intent of the Contract Documents, he will have authority to require special inspection or testing of the Work in accordance with Subparagraph 7.7.2 whether or not such Work be then fabricated, installed or completed. Any such rejection of work shall not relieve the Contractor of the responsibility for maintaining protection of the Work and the Owner's property.

2.1.8 The Owner will conduct inspections to determine the date of Substantial Completion and

Final Completion, will review written warranties and related documents required by the Contract and assembled by the Contractor, and will issue a final Certificate for Payment upon compliance with the requirements of Paragraph 9.9.

3.1 DEFINITION

ARTICLE 3

OWNER

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3.1.1 The Owner is the person or entity identified as such in the Owner-Contractor Agreement and is referred to throughout the Contract Documents as if singular in number and masculine in gender.

The term Owner means the Owner or his authorized representative.

3.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER

3.2.1 The Owner shall, at the time of execution of the Agreement and any subsequent Change

Orders, certify for the Contractor that financial arrangements have been made to fulfill the Owner's obligations under the Contract.

3.2.2 The Owner shall furnish all surveys describing the physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site.

3.3 OWNER'S RIGHT TO STOP THE WORK

3.3.1 If the Contractor fails to correct defective Work as required by Paragraph 13.2 or fails to carry out the Work in accordance with the Contract Documents or if the Owner shall for any other reason so require, the Owner, by a…