Emailable Invitation to Bid Package FY22~2.doc

INVITATION TO BID

TOWN OF HUBBARDSTON, MASSACHUSETTS

Sealed bids for ROADWAY MATERIALS, GOODS AND SERVICES to be used during the Fiscal Year ending June 30, 2022 will be received at the Hubbardston Highway Department at 68 Worcester Rd.in the Town of Hubbardston, Massachusetts until 1:00 p.m., Wednesday April 7, 2021 at which time they will be publicly opened and read.

Obtaining Bid Packages: Specifications, general instructions, and Bid Forms must be obtained at the DPW Office, 68 Worcester Road, Hubbardston, MA 01452 between the hours of 7:00 a.m. and 3:00 p.m., Monday through Thursday. Bidders are required to submit bids on the Bid Forms provided. Each bid must be marked with the Item being bid.

Bid Deposit: All bids over $10,000.00 MUST be accompanied by a bid deposit in the amount of five percent (5%) of the bid in the form of cash, a bid bond, or a certified check made payable to the Town of Hubbardston. The bid deposit will be forfeited if the bidder fails to execute the contract and satisfactory Bond within ten (10) days after the contract may have been awarded to him.

Conditions of Contract: All awarded contracts shall be subject to the Special Contract Conditions that accompany this bid package. Successful Bidders will be required to meet Town of Hubbardston bylaw requirement for insurance as well as the requirements of insurance set forth in the Special Contact Conditions. All work being performed requires 100% Performance Bond. In addition, where the contract amount is more than $2,000.00, a 50% payment bond shall be required in accordance with G.L. c.149, section 29. The bidder shall be able to start work under this contract with fifteen (15) calendar days after the acceptance by the Board of Selectmen.

Wage Rates: All wage rates will comply with those established by the Commonwealth Department of Labor and Workforce Development, M.G.L., Chapter 149, Sections 26-27G as set forth in the contract documents.

Prequalification: Bidders for all projects that cost over $50,000.00 must be prequalified by the Massachusetts Department of Transportation (formerly Mass. Highway Department). All bidders shall be subject to Section 34 of Chapter 90, must be prequalified in accordance with 720 CMR 5.00 “Prequalification’s of Contractors”. This will apply to horizontal construction only.

The Town of Hubbardston reserves the right to reject any or all bids, and to waive minor informalities in the bids, or to accept the bid deemed best for the TOWN. The TOWN further reserves the right to award one or more portions of the contract to more than one bidder. In this case, the price bid by the bidder for each item as detailed on the Bid Form shall remain the same. The contract, or portions thereof, as the case may be, will be awarded to the lowest, responsible and eligible bidder.

Town of Hubbardston Board of Selectman

Daniel Galante, Chair

Jeffrey Williams

Patrick Girouard

Katie Young Kris Pareago Table of Contents

Bid Item Summary Sheet

Special Contract Conditions

Attestation Clause

Certificate of Tax Compliance

Individual Bid Forms Item 1: Line Painting Item 2: Catch Basin/Manhole/D.I. Cleaning……………………………………………………………..11 Item 3: MASS DOT approved 1 ½” Hard Pack………………………..……………………………….. 12 Item 4: 6” Minus Rip Rap………………………………………………………………………………...13 Item 5: MASS DOT approved HMA……………………………………………………………………..14 Item 6: Super Cold Patch……………………………………………………………………………… Item 7: MASS DOT Berm Mix …………………………………………………………………………..16 Item 8: #57 ¾ Washed Stone……………………………………………………………………………...17

Attachment A: Sample Contract Attachment B: Certificate of Non-Collusion Attachment C: OSHA Certification Attachment D: MA EO 481-Contractor Certification Prohibiting Undocumented Workers Attachment E: Prevailing Wage Rates and Payroll Record Report Town of Hubbardston BID ITEM SUMMARY SHEET

DPW ___

Sealed and marked bids will be accepted by the Director of Public Works at the DPW, 68 Worcester Road, Hubbardston, MA no later than Wednesday April 7, 2021 at 1:00 p.m. at which time said bids for furnishings the Town’s Fiscal 2022 material; goods and services shall be publicly opened and read. Further specifications are included in the individual Bid Form.

Item 1 Provide the Town with Standard Color Line Painting, using quick dry chlorinated rubber base paints; including Crosswalks, Railroad Crossings, Stop Lines, Parking Spaces, Handicap Parking Spaces, and School Slow, Stop & Stop Ahead.

Item 2 Cleaning of Catch Basins/Manholes and D.I’s—approximately 1000 units.

Item 3 MASS DOT approved 1 ½” Hard Pack, approximately 2500 tons delivered.

Item 4 6” Minus rip rap, approximately 250 tons delivered.

Item 5 MASS DOT approved HMA, approximately 200 tons picked up at plant.

Item 6 Super Cold Patch, approximately 200 tons delivered.

Item 7 MASS DOT approved Berm Mix approximately 200 tons picked up at plant.

Item 8 #57 ¾” Washed Stone approximately 250 tons delivered.

All quantities stated above are approximate and should not be interpreted by the bidder as the actual quantities the Town will purchase or be committed to purchase.

Town of Hubbardston

Special Contract Conditions_ DPW

1. All applicable provisions of the “Commonwealth of Massachusetts Department of Transportation Standard Specifications for Highways and Bridges – 1995” as amended shall be the governing specification for the work of this contract unless otherwise stipulated herein and hereinafter referred to as the Specifications.

2. Insurance - The Contractor shall at all times during the Contract maintain in full force and effect Employer’s Liability, Worker’s Compensation, Public Liability and Property Damage Insurance, including contractual liability coverage for the provisions of the Indemnity paragraph. All insurance shall be by insurers and for policy limits acceptable to the Town and before commencement of work hereunder the Contractor agrees to furnish the Town certificates of insurance to the effect that such insurance has been procured and is in force. The certificate shall contain the following express obligation:

“This is to certify that the policies of insurance described herein have been issued to the insured for whom this certificate is executed and are in force at this time. In the event of cancellation or material change in a policy affecting the certificate holder, thirty (30) days prior written notice will be given to the certificate holder.”

For the purposes of the Contract, the Contractor shall carry the following types of insurance in at least the limits specified below:

Workers Compensation

Statutory

Employer’s Liability

$1,000,000

Bodily Injury Liability (except auto) $1,000,000 each occurrence

Property Damage Liability (except auto)

Automobile Bodily Injury Liability

$1,000,000 each person

$2,000,000 each occurrence

Automobile Property Damage Liability

Excess Umbrella Liability

The general liability policy should contain a broad form general liability endorsement.

3. Wage Rates- Minimum wage rates as determined by the Commissioner of the Commonwealth of Massachusetts Department of Labor and Industries Division of Industrial Safety under the provision of the Massachusetts General Laws, Chapter 149, Section 26 to 27D for this work shall be applicable, as per the attached.

Town of Hubbardston

Special Contract Conditions DPW

4. The Item Bid Form, (including the Non-Collusion Affidavit), the Certificate of Tax Compliance, and the Attestation Clause shall be completed and submitted with each bid. (Note: Submit Bid Forms for items being bid upon only.)

5. Maintenance of Traffic Flow and Public Safety: Any contracted work shall be conducted in such a manner as to allow the passage of two-way traffic with the least practicable disruption. Travel to abutting land shall be open throughout the period of construction. The Contractor shall place and maintain lights and guards around all obstructions in the public way under construction sufficient to protect travelers from injury or property damage. Any temporary detours shall be subject to the approval of the Hubbardston Chief of Police.

Contractors will be responsible for providing all necessary signage and directional devices in accordance with the requirements of the Chief of Police.

Where work involves traffic control, police details shall be used. All required police details to be paid for and scheduled by the Contractor without additional compensation.

6. Maintenance of Records – The Contractor shall comply with Massachusetts General Laws with regard to maintenance of project records.

7. Modifications - No modifications, waiver, or change shall be made in the terms and conditions of the Contract, except as may be mutually agreed upon in writing by all parties hereto.

8. Escalation/Descalation Clause – Chapter 303 Acts of 2008, Section 60 Price Adjustments for

Cities and Towns shall apply. The exact language reads “Not withstanding any general or special law to the contrary, all construction contracts funded in whole or in part by the funds authorized by this act or by chapter 86 of the acts of 2008 shall include a price adjustment clause for each of the following: fuel, both diesel and gasoline, asphalt, concrete and steel. A base price for each material shall be set by the awarding authority or agency and include in the bid documents at the time a project is advertised. The awarding authority or agency shall also identify in the bid documents the price index to be used for each material or supply. The adjustment clause shall provide a contract adjustment to be made on a monthly basis when the monthly cost change exceeds +/- 5 per cent.”

9. Conflict of Interests – Each party shall adhere to the provisions of Massachusetts General Laws Ch. 268A, with respect to the Conduct of Public Employees. In addition, no member, officer, or employee of either party, or its designees, or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his/her tenure or for one (1) year thereafter (or such longer period as may be provided in Ch. 268A of the Massachusetts General Laws), shall have any interest in any contract or subcontract, or in the proceeds thereof, for the work to be performed in connection with the program assisted under this Agreement. Each party shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest, pursuant to the purposes of this subsection.

Town of Hubbardston

Special Contract Conditions DPW

10. Waiver – Neither the Town’s review, approval or acceptance of, nor payment for, any of the work or services furnished hereunder shall be construed to operate as a waiver of any rights under the Contract or any cause of action arising out of the performance of the Contract.

11. Manner of Completing Work – The Contractor shall begin work within fifteen (15) days of the date set by the Town, unless otherwise directed, and shall proceed expeditiously. Before any work is begun, the contractor shall confer and discuss the order and manner of doing the work with the DPW Director, and the operating procedure shall at all times comply with the DPW Director’s requirements.

12. Appropriation – Execution of a contract is dependent on adequate financial appropriations for a given item or project. The lack of adequate financial appropriation by the Town for any Bid Item constitutes grounds to reject all bids or those bids that exceed the financial limitations imposed by the Town of Hubbardston.

13. Questions or Discrepancies in Specifications – All questions pertaining to the specifications are to be directed to the DPW Director between the hours of 7:00a.m. and 3:00p.m., Monday – Friday, from Oct. 5 – April 25 and 6:00 a.m. and 4:00 p.m., Monday - Thursday April 25 – Oct. 7 at 978-928-1408. Any discrepancies in the specifications or terms of contract must be addressed prior to submitting bid.

14. Entire Understanding – This Contract, together with all documents included by reference pursuant to the Contract Documents, represents the entire understanding of the parties, and neither party is relying upon any representation not contained herein.

END

ATTESTATION CLAUSE

I, ____________________________ on oath depose and state that neither I nor any of the employees, officers or directors of _________________________________ have been convicted of any violation described as follows:

1. Bribery or attempting to bribe a public officer or employee of the Town of Hubbardston, the Commonwealth of Massachusetts, or any other public entity, including, but not limited to the Government of the United States, any state, any local government authority in the United States in that officer’s or employee’s capacity; or

2. Any agreement or collusion among bidders or prospective bidders in restraint of freedom of competition by agreement to bid a fixed price, or otherwise.

I further state that neither I nor any of the employees, officers or directors of _____________________ have made an admission of guilt of such conduct described in paragraphs (1) or (2) above, which is a matter of record, but has not been prosecuted for such conduct. The terms “admission of guilt” shall be construed to include a plea of nolo contendere.

This affidavit, in the case of a business entity, shall be executed by, in the case of a partnership, the general partner(s), and in the case of a corporation, the president.

Signed under the pains and penalties of perjury this _______ day of _________________, 2021 Printed Name

Signature

Title

CERTIFICATE OF TAX COMPLIANCE

Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A(b), I, ___________________________________________, authorized signatory for

(Typed or Printed Name)

__________________________________________ do hereby certify under the pains and

(Name of Contractor) penalties of perjury that said contractor has complies with all laws of the Commonwealth of

Massachusetts relating to taxes.

CONTRACTOR

By: _______________________________________

Signature of Authorized Representative

Title: ______________________________________

Date: ______________________________________

TOWN OF HUBBARDSTON

LINE PAINTING

Bid Form Item 1 INSTRUCTIONS TO BIDDERS: The items you are bidding on must be completed and submitted on this bid form. Only items completed in ink or typewritten will be considered. An authorized official must sign the bid. The signed Attestation Clause and Certificate of Tax Compliance must accompany your bid.

Sealed envelope shall read “SEALED BID FOR ITEM 1: LINE PAINTING Sealed and marked bids will be accepted by the Director of Public Works at the DPW, 68 Worcester Road, Hubbardston, MA no later than Wednesday April 7, 2021 at 1:00 p.m. It is the responsibility of the bidder to ensure receipt of the bid by the appropriate party prior to the scheduled bid opening. No late bids will be accepted.

We, the undersigned, herewith submit our bid for furnishing indicated products in accordance with the Town of Hubbardston’s Invitation to Bid Package. All products to be supplied will meet the Commonwealth of Massachusetts Department of Transportation Standard Specifications, 1995, as amended.

ITEM 1: Line Painting

Item Approximate Quantity Specifications Bid Price Per Unit

Line Painting

210,000 LF

4” white/yellow quick dry

15 mil thick chlorinated latex base paint

Crosswalks 4 Locations 8” white border with 24” white line centers. (Ladder) Avoid wheel paths $___________

RR Crossings 4 Locations 8' H x 6" white letters 8 Units

SLOW SCHOOL 30 letters 6' H x 6” white letters in 3 locations

STOP LINES 48

15’L X 12” $___________ ____________

Parking Lot White 100 9’x18’x4” Chlorinated latex $___________ ____________ Lines base paint Handicap Parking

8’ Stall – Minimum 5’ Access Blue/White Latex Paint

STOP Ahead 18 Letters 6’H x 6” white letters $___________ ____________ in one location

STOP

8 Letters 6’H x 6” white letters $___________ ____________ in one location

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, entity, or group of individuals.

PHONE:

DATE:

COMPANY:

BY:

TITLE:

ADDRESS:

TOWN OF HUBBARDSTON CATCH BASIN/MANHOLE/D.I. CLEANING Bid Form Item 2 INSTRUCTIONS TO BIDDERS: The items you are bidding on must be completed and submitted on this bid form. Only items completed in ink or typewritten will be considered. An authorized official must sign the bid. The signed Attestation Clause and Certificate of Tax Compliance must accompany your bid.

Sealed envelope shall read “SEALED BID FOR ITEM 2: “CATCH BASIN/MANHOLE/D.I. CLEANING”.

Sealed and marked bids will be accepted by the Director of Public Works at the DPW, 68 Worcester Road, Hubbardston, MA no later than Wednesday April 7, 2021 at 1:00 p.m. It is the responsibility of the bidder to ensure receipt of the bid by the appropriate party prior to the scheduled bid opening. No late bids will be accepted.

We the undersigned, herewith submit our bid for furnishing indicated products in accordance with the Town of Hubbardston Invitation to Bid Package. All products to be supplied will meet the Commonwealth of Massachusetts Department of Transportation Standard Specifications, 1995, as amended.

Item 2: Catch Basin/Manhole/D.I. Cleaning-Approximately 1000 units

Bid Price:

Catch Basins Price ________ per Catch Basin

Manhole

Price ________ per Manhole

Dropped Inlet Price ________ per Dropped Inlet

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, entity, or group of individuals.

PHONE:

DATE:

COMPANY:

BY:

TITLE:

TOWN OF HUBBARDSTON Hard Pack Bid Form Item 03 INSTRUCTIONS TO BIDDERS: The items you are bidding on must be completed and submitted on this bid form. Only items completed in ink or typewritten will be considered. An authorized official must sign the bid. The signed Attestation Clause and Certificate of Tax Compliance must accompany your bid.

Sealed envelope shall read “SEALED BIDS FOR ITEM 03: Hard Pack”.

Sealed and marked bids will be accepted by the Director of Public Works at the DPW, 68 Worcester Road, Hubbardston, MA no later than Wednesday April 7, 2021 at 1:00 p.m. It is the responsibility of the bidder to ensure receipt of the bid by the appropriate party prior to the scheduled bid opening. No late bids will be accepted.

We, the undersigned, herewith submit our bid for furnishing indicated products in accordance with the Town of Hubbardston’s Invitation to Bid Package. All products to be supplied will meet the Commonwealth of Massachusetts Department of Transportation Standard Specifications, 1995, as amended.

Item 03: - MASS DOT approved 1 ½” Hard Pack, approximately 2,500 tons delivered.

Bid Price: $_____________ Per Ton Delivered

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, entity, or group of individuals.

PHONE:

DATE:

COMPANY:

BY:

TITLE:

TOWN OF HUBBARDSTON Rip Rap

Bid Form Item 04 INSTRUCTIONS TO BIDDERS: The items you are bidding on must be completed and submitted on this bid form. Only items completed in ink or typewritten will be considered. An authorized official must sign the bid. The signed Attestation Clause and Certificate of Tax Compliance must accompany your bid.

Sealed envelope shall read “SEALED BIDS FOR ITEM 04: Rip Rap”.

Sealed and marked bids will be accepted by the Director of Public Works at the DPW, 68 Worcester Road, Hubbardston, MA no later than Wednesday April 7, 2021 at 1:00 p.m. . It is the responsibility of the bidder to ensure receipt of the bid by the appropriate party prior to the scheduled bid opening. No late bids will be accepted.

We, the undersigned, herewith submit our bid for furnishing indicated products in accordance with the Town of Hubbardston’s Invitation to Bid Package. All products to be supplied will meet the Commonwealth of Massachusetts Department of Transportation Standard Specifications, 1995, as amended.

Item 04: - 6” Minus Rip Rap, approximately 250 tons delivered.

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, entity, or group of individuals.

PHONE:

DATE:

COMPANY:

BY:

TITLE:

TOWN OF HUBBARDSTON MASS DOT approved HMA Bid Form Item 05 INSTRUCTIONS TO BIDDERS: The items you are bidding on must be completed and submitted on this bid form. Only items completed in ink or typewritten will be considered. An authorized official must sign the bid. The signed Attestation Clause and Certificate of Tax Compliance must accompany your bid.

Sealed envelope shall read “SEALED BIDS FOR ITEM 05: MASS DOT approved HMA”.

Sealed and marked bids will be accepted by the Director of Public Works at the DPW, 68 Worcester Road, Hubbardston, MA no later than Wednesday April 7, 2021 at 1:00 p.m. It is the responsibility of the bidder to ensure receipt of the bid by the appropriate party prior to the scheduled bid opening. No late bids will be accepted.

We, the undersigned, herewith submit our bid for furnishing indicated products in accordance with the Town of Hubbardston’s Invitation to Bid Package. All products to be supplied will meet the Commonwealth of Massachusetts Department of Transportation Standard Specifications, 1995, as amended.

Item 05: - MASS DOT approved HMA, approximately 200 tons picked up at plant

Bid Price: $_____________ Per Ton at plant

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, entity, or group of individuals.

PHONE:

DATE:

COMPANY:

BY:

TITLE:

TOWN OF HUBBARDSTON Super Cold Patch Bid Form Item 06 INSTRUCTIONS TO BIDDERS: The items you are bidding on must be completed and submitted on this bid form. Only items completed in ink or typewritten will be considered. An authorized official must sign the bid. The signed Attestation Clause and Certificate of Tax Compliance must accompany your bid.

Sealed envelope shall read “SEALED BIDS FOR ITEM 06: Super Cold Patch”.

Sealed and marked bids will be accepted by the Director of Public Works at the DPW, 68 Worcester Road, Hubbardston, MA no later than Wednesday April 7, 2021 at 1:00 p.m. It is the responsibility of the bidder to ensure receipt of the bid by the appropriate party prior to the scheduled bid opening. No late bids will be accepted.

We, the undersigned, herewith submit our bid for furnishing indicated products in accordance with the Town of Hubbardston’s Invitation to Bid Package. All products to be supplied will meet the Commonwealth of Massachusetts Department of Transportation Standard Specifications, 1995, as amended.

Item 06: - Super Cold Patch, approximately 200 tons delivered.

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, entity, or group of individuals.

PHONE:

DATE:

COMPANY:

BY:

TITLE:

TOWN OF HUBBARDSTON MASS DOT Approved Berm Mix Bid Form Item 07 INSTRUCTIONS TO BIDDERS: The items you are bidding on must be completed and submitted on this bid form. Only items completed in ink or typewritten will be considered. An authorized official must sign the bid. The signed Attestation Clause and Certificate of Tax Compliance must accompany your bid.

Sealed envelope shall read “SEALED BIDS FOR ITEM 07: MASS DOT approved Berm Mix”.

Sealed and marked bids will be accepted by the Director of Public Works at the DPW, 68 Worcester Road, Hubbardston, MA no later than Wednesday April 7, 2021 at 1:00 p.m. It is the responsibility of the bidder to ensure receipt of the bid by the appropriate party prior to the scheduled bid opening. No late bids will be accepted.

We, the undersigned, herewith submit our bid for furnishing indicated products in accordance with the Town of Hubbardston’s Invitation to Bid Package. All products to be supplied will meet the Commonwealth of Massachusetts Department of Transportation Standard Specifications, 1995, as amended.

Item 07: - MASS DOT approved Berm Mix, approximately 200 tons picked up at plant.

Bid Price: $_____________ Per Ton at plant

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, entity, or group of individuals.

PHONE:

DATE:

COMPANY:

BY:

TITLE:

TOWN OF HUBBARDSTON #57 ¾” Washed Stone Bid Form Item 08

INSTRUCTIONS TO BIDDERS: The items you are bidding on must be completed and submitted on this bid form. Only items completed in ink or typewritten will be considered. An authorized official must sign the bid. The signed Attestation Clause and Certificate of Tax Compliance must accompany your bid.

Sealed envelope shall read “SEALED BIDS FOR ITEM 08: #57 ¾” Washed Stone Sealed and marked bids will be accepted by the Director of Public Works at the DPW, 68 Worcester Road, Hubbardston, MA no later than Wednesday April 7, 2021 at 1:00 p.m. . It is the responsibility of the bidder to ensure receipt of the bid by the appropriate party prior to the scheduled bid opening. No late bids will be accepted.

We, the undersigned, herewith submit our bid for furnishing indicated products in accordance with the Town of Hubbardston’s Invitation to Bid Package. All products to be supplied will meet the Commonwealth of Massachusetts Department of Transportation Standard Specifications, 1995, as amended.

Item 08: - #57 ¾” Washed Stone, approximately 250 tons delivered.

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, entity, or group of individuals.

PHONE:

DATE:

COMPANY:

BY:

TITLE:

Attachment A: Sample Contract

TOWN OF HUBBARDSTON, MASSACHUSETTS AGREEMENT

THIS AGREEMENT made this ____ day of __________, 20__ by and between the TOWN of HUBBARDSTON, a municipal corporation duly organized under the laws of Massachusetts and having a usual place of business at 7 Main St. Unit #3, Hubbardston, Massachusetts, hereinafter referred to as the “TOWN”, and ___________________________,[a _____________ corporation] having a usual place of business at ___________________________, hereinafter referred to as the “CONTRACTOR”.

WITNESSETH:

Whereas, the TOWN invited the submission of proposals for the purchase and delivery of ___________________________________________, hereinafter “the Project”; and

WHEREAS, the CONTRACTOR submitted a Proposal to perform the work required to complete the Project, and the TOWN has decided to award the contract therefor to the CONTRACTOR.

NOW, THEREFORE, the TOWN and the CONTRACTOR agree as follows:

1. Contract Documents. The Contract Documents consist of this Agreement, the Invitation to Bid, Instructions to Bidders and the CONTRACTOR’s Proposal. The Contract Documents constitute the entire Agreement between the parties concerning the work, and all are as fully a part of this Agreement as if attached hereto.

2. The Work. The Work consists of _______________________________________.

3. Term of Contract. This Agreement shall be in effect from ___________and shall expire on _________________, unless terminated earlier pursuant to the terms hereof.

4. Compensation. The TOWN shall pay, as full compensation for items and/or services furnished and delivered in carrying out this Agreement. Total Bid Price $_____________.

5. Payment of Compensation. The TOWN shall make payments within thirty (30) days after its receipt of Invoice.

6. Liability of the TOWN. The TOWN’s liability hereunder shall be to make all payments when they shall become due, and the TOWN shall be under no further obligation or liability. Nothing in this Agreement shall be construed to render the TOWN or any elected or appointed official or employee of the TOWN, or their successors in office, personally liable for any obligation under this Agreement.

7. Independent CONTRACTOR. The CONTRACTOR acknowledges and agrees that it is acting as an independent CONTRACTOR for all work and services rendered pursuant to this Agreement, and shall not be considered an employee or agent of the TOWN for any purpose.

Attachment A: Sample Contract

8. Indemnification. The CONTRACTOR shall indemnify, defend, and hold the TOWN harmless from and against any and all claims, demands, liabilities, actions, causes of actions, costs and expenses, including attorney’s fees, arising out of the CONTRACTOR's breach of this Agreement or the negligence or misconduct of the CONTRACTOR, or the CONTRACTOR's agents or employees.

9. Insurance. A. The CONTRACTOR shall obtain and maintain during the term of this Agreement the insurance coverage in companies licensed to do business in the Commonwealth of Massachusetts, and acceptable to the TOWN, as set out in Attachment A.

B. All policies shall identify the TOWN as an additional insured (except Workers' Compensation) and shall provide that the TOWN shall receive written notification at least 30 days prior to the effective date of any amendment or cancellation. Certificates evidencing all such coverages shall be provided to the TOWN upon the execution of this Agreement. Each such certificate shall specifically refer to this Agreement and shall state that such insurance is as required by this Agreement. Failure to provide or to continue in force such insurance shall be deemed a material breach of this Agreement and shall be grounds for immediate termination.

10. Assignment. The CONTRACTOR shall not assign, sublet or otherwise transfer this Agreement, in whole or in part, without the prior written consent of the TOWN, and shall not assign any of the moneys payable under this Agreement, except by and with the written consent of the TOWN.

11. Termination. A. Termination for Cause. If at any time during the term of this Agreement the TOWN determines that the CONTRACTOR has breached the terms of this Agreement by negligently or incompetently performing the work, or any part thereof, or by failing to perform the work in a timely fashion, or by failing to perform the work to the satisfaction of the TOWN, or by not complying with the direction of the TOWN or its agents, or by otherwise failing to perform this Agreement in accordance with all of its terms and provisions, the TOWN shall notify the CONTRACTOR in writing stating therein the nature of the alleged breach and directing the CONTRACTOR to cure such breach within ten (10) days. The CONTRACTOR specifically agrees that it shall indemnify and hold the TOWN harmless from any loss, damage, cost, charge, expense or claim arising out of our resulting from such breach regardless of its knowledge or authorization of the actions resulting in the breach. If the CONTRACTOR fails to cure said breach within ten (10) days, the TOWN may, at its election at any time after the expiration of said ten (10) days, terminate this Agreement by giving written notice thereof to the CONTRACTOR specifying the effective date of the termination. Upon receipt of said notice, the CONTRACTOR shall cease to incur additional expenses in connection with this Agreement. Upon the date specified in said notice, this Agreement shall terminate. Such termination shall not prejudice or waive any rights or action which the TOWN may have against the CONTRACTOR up to the date of such termination, and the CONTRACTOR shall be liable to the TOWN for any amount which it may be required to pay in excess of the compensation provided herein in order to complete the work specified herein in a timely manner. Upon such termination, the CONTRACTOR shall be entitled to compensation for all satisfactory work completed prior to the termination date, as determined by the TOWN.

Attachment A: Sample Contract

B. Termination for Convenience. The TOWN may terminate this Agreement at any time for convenience by providing the CONTRACTOR written notice specifying therein the termination date which shall not be sooner than ten days from the issuance of said notice. Upon receipt of said notice, the CONTRACTOR shall cease to incur additional expenses in connection with this Agreement. Upon such termination, the CONTRACTOR shall be entitled to compensation for all satisfactory work completed prior to the termination date, as determined by the TOWN, such payment not to exceed the fair value of the services provided hereunder.

12. Inspection and Reports. The TOWN shall have the right at any time to inspect the work of the CONTRACTOR, including the right to enter upon any property owned or occupied by CONTRACTOR, whether situated within or beyond the limits of the TOWN. Whenever requested, CONTRACTOR shall immediately furnish to the TOWN full and complete written reports of his operation under this Contract in such detail and with such information as the TOWN may request.

13. Successor and Assigns. This Agreement is binding upon the parties hereto, their successors, assigns and legal representatives. Neither the TOWN nor the CONTRACTOR shall assign or transfer any interest in the Agreement without the written consent of the other.

14. Compliance with Laws. The CONTRACTOR shall comply with all Federal, State and local laws, rules, regulations and orders applicable to the work provided pursuant to this Agreement, such provisions being incorporated herein by reference, and shall be responsible for obtaining all necessary licenses, permits, and approvals required for the performance of such work.

15. Notice. Any and all notices, or other communications required or permitted under this Agreement, shall be in writing and delivered by hand or mailed postage prepaid, return receipt requested, by registered or certified mail or by other reputable delivery service, to the parties at the addresses set forth on Page 1 or furnished from time to time in writing hereafter by one party to the other party. Any such notice or correspondence shall be deemed given when so delivered by hand, if so mailed, when deposited with the U.S. Postal Service or, if sent by private overnight or other delivery service, when deposited with such delivery service.

16. Severability. If any term or condition of this Agreement or any application thereof shall to any extent be held invalid, illegal or unenforceable by the court of competent jurisdiction, the validity, legality, and enforceability of the remaining terms and conditions of this Agreement shall not be deemed affected thereby unless one or both parties would be substantially or materially prejudiced.

17. Governing Law. This Agreement shall be governed by, construed and enforced in accordance with the laws of the Commonwealth of Massachusetts and the CONTRACTOR submits to the jurisdiction of any of its appropriate courts for the adjudication of disputes arising out of this Agreement.

18. Entire Agreement. This Agreement, including all documents incorporated herein by reference, constitutes the entire integrated agreement between the parties with respect to the matters described. This Agreement supersedes all prior agreements, negotiations and representations, either written or oral, and it shall not be modified or amended except by a written document executed by the parties hereto.

Attachment A: Sample Contract

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written.

I certify that an appropriation

TOWN OF _____________________, MA

is available in the amount of this

Contract.

By its: _____________________________

Town Accountant

Approved as to Form:

CONTRACTOR:

Town Counsel

(Signature)

(Name and Title)

119962

Attachment B: CERTIFICATE OF NON-COLLUSION

The undersigned certifies under penalties of perjury that this bid or proposal is in all respects bona fide, fair and 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, entity, or group of individuals.

BY:

_____________________________ DATE:____________________________

TITLE:

COMPANY:

PHONE:

Attachment C: CERTIFICATION OF BIDDER

United States Occupational Safety and Health Administration (OSHA)

Ten-hour Course in Construction Safety and Health

Instructions

Pursuant to M.G.L. c.30, §39S, any person submitting a bid for, or signing a contract to work on, a public building or public works project estimated to cost more than $10,000.

Certification of Bidder

The undersigned hereby certifies that he is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed on the work; that all employees to be employed at the worksite will have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health Administration that is at least 10 hours in duration at the time the employee begins work and who shall furnish documentation of successful completion of said course with the first certified payroll report for each employee; and that he will comply fully with all laws and regulations applicable to awards made subject to section 44A.

Name and Address of Bidder (include zip code)

Name and Title of Signer (please type)

Signature:

Date:

COMMONWEALTH OF MASSACHUSETTS

EXECUTIVE ORDER 481 - CONTRACTOR CERTIFICATION

PROHIBITING THE USE OF UNDOCUMENTED WORKERS ON STATE CONTRACTS

CONTRACTOR LEGAL NAME:

CONTRACTOR VENDOR/CUSTOMER CODE:

INSTRUCTIONS:

Executive Order 481 applies to all state agencies in the Executive Branch, including all executive offices, boards, commissions, agencies, departments, divisions, councils, bureaus, and offices, now existing and hereafter established. As it is the policy of the Executive Branch to prohibit the use of undocumented workers in connection with the performance of state contracts, all contracts entered into after February 23, 2007 require that contractors, as a condition of receiving Commonwealth funds under any Executive Branch contract, make the following certification:

CONTRACTOR CERTIFICATION:

As evidenced by the signature of the Contractor’s Authorized Signatory below, the Contractor certifies under the pains and penalties of perjury that the Contractor shall not knowingly use undocumented workers in connection with the performance of all Executive Branch contracts; that pursuant to federal requirements, the Contractor shall verify the immigration status of all workers assigned to such contracts without engaging in unlawful discrimination; and that the Contractor shall not knowingly or recklessly alter, falsify, or accept altered or falsified documents from any such worker(s). The Contractor understands and agrees that breach of any of these terms during the period of each contract may be regarded as a material breach, subjecting the Contractor to sanctions, including but not limited to monetary penalties, withholding of payments, contract suspension or termination.

Date:

Contractor Authorizing Signature

Print Name

Title:

Telephone:

Fax:

Email:

The Contractor is required to sign this Certification only once and may provide a copy of the signed Certification for any contract executed with an Executive Branch Department. A copy of this signed Certification must be attached to the “record copy” of all contracts with this Contractor that are filed with the contracting Department.

THE COMMONWEALTH OF MASSACHUSETTS

EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT DEPARTMENT OF LABOR STANDARDS Prevailing Wage Rates

CHARLES D. BAKER

Governor KARYN E. POLITO Lt. Governor

As determined by the Director under the provisions of the Massachusetts General Laws, Chapter 149, Sections 26 to 27H

ROSALIN ACOSTA

Secretary

MICHAEL FLANAGAN

Interim Director Awarding Authority:

Town of Hubbardston

Contract Number:

City/Town:

HUBBARDSTON

Description of Work:

Highway Materials for FY2021 to include: Line Painting, Catch Basin Cleaning, MASS DOT approved 1 1/2" Hard Pack, 6" Minus Rip Rap, MASS DOT approved HMA, Super Cold Patch, MASS DOT approved Berm Mix.

Job Location:

Various Locations in Hubbardston Information about Prevailing Wage Schedules for Awarding Authorities and Contractors This wage schedule applies only to the specific project referenced at the top of this page and uniquely identified by the “Wage Request Number” on all pages of this schedule.

An Awarding Authority must request an updated wage schedule from the Department of Labor Standards (“DLS”) if it has not opened bids or selected a contractor within 90 days of the date of issuance of the wage schedule. For CM AT RISK projects (bid pursuant to G.L. c.149A), the earlier of: (a) the execution date of the GMP Amendment, or (b) the bid for the first construction scope of work must be within 90-days of the wage schedule issuance date.

The wage schedule shall be incorporated in any advertisement or call for bids for the project as required by M.G.L. c. 149, § 27. The wage schedule shall be made a part of the contract awarded for the project. The wage schedule must be posted in a conspicuous place at the work site for the life of the project in accordance with M.G.L. c. 149 § 27. The wages listed on the wage schedule must be paid to employees performing construction work on the project whether they are employed by the prime contractor, a filed sub-bidder, or any sub-contractor.

All apprentices working on the project are required to be registered with the Massachusetts Department of Labor Standards, Division of Apprentice Standards (DLS/DAS). Apprentice must keep his/her apprentice identification card on his/her person during all work hours on the project. An apprentice registered with DAS may be paid the lower apprentice wage rate at the applicable step as provided on the prevailing wage schedule. Any apprentice not registered with DLS/DAS regardless of whether or not they are registered with any other federal, state, local, or private agency must be paid the journeyworker's rate for the trade.

The wage rates will remain in effect for the duration of the project, except in the case of multi-year public construction projects. For construction projects lasting longer than one year, awarding authorities must request an updated wage schedule. Awarding authorities are required to request these updates no later than two weeks before the anniversary of the date the contract was executed by the awarding authority and the general contractor. For multi-year CM AT RISK projects, awarding authority must request an annual update no later than two weeks before the anniversary date, determined as the earlier of: (a) the execution date of the GMP Amendment, or (b) the execution date of the first amendment to permit procurement of construction services. Contractors are required to obtain the wage schedules from awarding authorities, and to pay no less than these rates to covered workers. The annual update requirement is not applicable to 27F “rental of equipment” contracts.

Every contractor or subcontractor which performs construction work on the project is required to submit weekly payroll reports and a Statement of Compliance directly to the awarding authority by mail or email and keep them on file for three years. Each weekly payroll report must contain: the employee’s name, address, occupational classification, hours worked, and wages paid. Do not submit weekly payroll reports to DLS. A sample of a payroll reporting form may be obtained at http://www.mass.gov/dols/pw.

Contractors with questions about the wage rates or classifications included on the wage schedule have an affirmative obligation to inquire with DLS at (617) 626-6953.

Employees not receiving the prevailing wage rate set forth on the wage schedule may report the violation to the Fair Labor Division of the office of the Attorney General at (617) 727-3465.

Failure of a contractor or subcontractor to pay the prevailing wage rates listed on the wage schedule to all employees who perform construction work on the project is a violation of the law and subjects the contractor or subcontractor to civil and criminal penalties.

Issue Date:

02/24/2020

Wage Request Number: 20200224-061

Construction

(2 AXLE) DRIVER - EQUIPMENT

TEAMSTERS JOINT COUNCIL NO. 10 ZONE B

(3 AXLE) DRIVER - EQUIPMENT

TEAMSTERS JOINT COUNCIL NO. 10 ZONE B

(4 & 5 AXLE) DRIVER - EQUIPMENT

TEAMSTERS JOINT COUNCIL NO. 10 ZONE B

ADS/SUBMERSIBLE PILOT

PILE DRIVER LOCAL 56 (ZONE 2)

12/01/2019

06/01/2020

08/01/2020

12/01/2020

06/01/2021

08/01/2021

12/01/2021

12/01/2019

06/01/2020

08/01/2020

12/01/2020

06/01/2021

08/01/2021

12/01/2021

12/01/2019

06/01/2020

08/01/2020

12/01/2020

06/01/2021

08/01/2021

12/01/2021

08/01/2019

$34.25

$35.15

$35.15

$35.15

$35.95

$35.95

$35.95

$34.32

$35.22

$35.22

$35.22

$36.02

$36.02

$36.02

$34.44

$35.34

$35.34

$35.34

$36.14

$36.14

$36.14

$102.78

$12.41

$12.91

$12.91

$12.91

$13.41

$13.41

$12.41

$12.41

$12.91

$12.91

$12.91

$13.41

$13.41

$12.41

$12.41

$12.91

$12.91

$12.91

$13.41

$13.41

$9.90

$13.72

$13.72

$14.82

$14.82

$14.82

$16.01

$13.72

$13.72

$13.72

$14.82

$14.82

$14.82

$16.01

$13.72

$13.72

$13.72

$14.82

$14.82

$14.82

$16.01

$21.15

Unemployment $0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$60.38

$61.28

$61.78

$62.88

$63.68

$64.18

$65.37

$60.45

$61.35

$61.85

$62.95

$63.75

$64.25

$65.44

$60.57

$61.47

$61.97

$63.07

$63.87

$64.37

$65.56

$133.83

For apprentice rates see "Apprentice- PILE DRIVER"

AIR TRACK OPERATOR

LABORERS - ZONE 2

For apprentice rates see "Apprentice- LABORER"

ASBESTOS WORKER (PIPES & TANKS)

HEAT & FROST INSULATORS LOCAL 6 (WORCESTER)

ASPHALT RAKER

LABORERS - ZONE 2

For apprentice rates see "Apprentice- LABORER"

ASPHALT/CONCRETE/CRUSHER PLANT-ON SITE

OPERATING ENGINEERS LOCAL 4

For apprentice rates see "Apprentice- OPERATING ENGINEERS"

12/01/2020

06/01/2021

12/01/2021

12/01/2019

06/01/2020

12/01/2020

12/01/2019

06/01/2020

12/01/2020

06/01/2021

12/01/2021

12/01/2019

06/01/2020

12/01/2020

06/01/2021

$34.81

$35.70

$36.59

$37.51

$38.42

$37.00

$38.00

$39.00

$34.31

$35.20

$36.09

$37.01

$37.92

$48.73

$49.83

$50.98

$52.08

$53.23

$8.10

$8.10

$8.10

$8.10

$12.50

$12.50

$12.50

$8.10

$8.10

$8.10

$8.10

$8.10

$12.50

$12.50

$12.50

$12.50

$15.38

$15.38

$15.38

$15.38

$8.85

$8.85

$8.85

$15.38

$15.38

$15.38

$15.38

$15.38

$15.70

$15.70

$15.70

$15.70

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$58.29

$59.18

$60.07

$60.99

$61.90

$58.35

$59.35

$60.35

$57.79

$58.68

$59.57

$60.49

$61.40

$76.93

$78.03

$79.18

$80.28

$81.43

BACKHOE/FRONT-END LOADER

OPERATING ENGINEERS LOCAL 4

For apprentice rates see "Apprentice- OPERATING ENGINEERS"

BARCO-TYPE JUMPING TAMPER

LABORERS - ZONE 2

For apprentice rates see "Apprentice- LABORER"

BLOCK PAVER, RAMMER / CURB SETTER

LABORERS - ZONE 2

For apprentice rates see "Apprentice- LABORER"

BOILER MAKER

BOILERMAKERS LOCAL 29

12/01/2019

06/01/2020

12/01/2020

06/01/2021

12/01/2021

12/01/2019

06/01/2020

12/01/2020

06/01/2021

12/01/2021

12/01/2019

06/01/2020

12/01/2020

06/01/2021

01/01/2020

$48.73

$49.83

$50.98

$52.08

$53.23

$34.31

$35.20

$36.09

$37.01

$37.92

$34.81

$35.70

$36.59

$37.51

$38.42

$46.10

$12.50

$12.50

$12.50

$8.10

$8.10

$8.10

$8.10

$8.10

$8.10

$8.10

$8.10

$8.10

$7.07

$15.70

$15.70

$15.70

$15.38

$15.38

$15.38

$15.38

$15.38

$15.38

$15.38

$15.38

$15.38

$17.98

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$76.93

$78.03

$79.18

$80.28

$81.43

$57.79

$58.68

$59.57

$60.49

$61.40

$58.29

$59.18

$60.07

$60.99

$61.90

$71.15

Apprentice -

BOILERMAKER - Local 29 Effective Date -

Supplemental

Notes:

Apprentice to Journeyworker Ratio:1:4

BRICK/STONE/ARTIFICIAL MASONRY (INCL. MASONRY WATERPROOFING)

BRICKLAYERS LOCAL 3 (LOWELL)

Unemployment Apprentice -

BRICK/PLASTER/CEMENT MASON - Local 3 Lowell

02/01/2020

Effective Date - 08/01/2020 Supplemental

Notes:

Apprentice to Journeyworker Ratio:1:5

BULLDOZER/GRADER/SCRAPER

OPERATING ENGINEERS LOCAL 4

For apprentice rates see "Apprentice- OPERATING ENGINEERS"

CAISSON & UNDERPINNING BOTTOM MAN

LABORERS - FOUNDATION AND MARINE

For apprentice rates see "Apprentice- LABORER"

CAISSON & UNDERPINNING LABORER

LABORERS - FOUNDATION AND MARINE

For apprentice rates see "Apprentice- LABORER"

CAISSON & UNDERPINNING TOP MAN

LABORERS - FOUNDATION AND MARINE

For apprentice rates see "Apprentice- LABORER"

12/01/2020

06/01/2021

12/01/2021

12/01/2019

06/01/2020

12/01/2020

06/01/2021

12/01/2021

12/01/2019

06/01/2020

12/01/2020

06/01/2021

12/01/2021

12/01/2019

06/01/2020

12/01/2…