Town of Westminster | Boiler Replacement | 1

Town of Westminster

INVITATION FOR BIDS

Forbush Memorial Library Boiler Replacement Project location

Forbush Memorial Library 118 Main Street

Westminster, MA 01473

Awarding Authority

11 South Street, Room 205 Westminster, MA 01473

Issue date: October 28, 2026

Sealed bids are invited for replacement of the Library’s two existing boilers and associated work described in Section 00900. Attendance at the mandatory pre-bid conference and site visit is required. The replacement is to be completed as soon as feasible, weather permitting.

Bid opening: November 12, 2026 at 9:00AM

Mandatory On Site Pre-bid Conference: Monday November 2, 2026 at 11:00AM, Town of Westminster | Boiler Replacement | 2

Contents 00020 Invitation for Bids

00100 Instructions to Bidders

00300 Form of General Bid

00500 Agreement and Certifications

00610 Performance Bond

00620 Payment Bond

00800 Supplemental Conditions

00850 Applicable Massachusetts Law

00900 Description and Scope of Work

Attachment A Prevailing Wage Rates

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SECTION 00020

INVITATION FOR BIDS

Sealed bids for Forbush Memorial Library Boiler Replacement at 118 Main Street, Westminster, Massachusetts, will be received at the Office of the Town Administrator, Town Hall, 11 South Street, Room 205, Westminster, MA 01473, until November 12, 2026 at 9:00AM, prevailing local time, at which time and place all bids will be publicly opened and read aloud.

Specifications and bid forms may be obtained from www.westminster-ma.gov/procurement or electronically via email Stephanie Lahtinen, Town Administrator, at the Office of the Town Administrator, Town Hall, 11 South Street, Westminster, MA 01473, after October 22, 2026.

Bids will be opened in the Office of the Town Administrator, Town Hall, 11 South Street, Room 205, Westminster, MA 01473, on November 12, 2026 at 9:00AM, prevailing local time. Each bid must be accompanied by bid security in an amount equal to 5% of the bid price, in a form permitted by Section 00100.

Attendance at the mandatory pre-bid conference and site visit is required. Each bidder shall have a representative attend at Forbush Memorial Library, 118 Main Street, Westminster, MA 01473, on Monday November 2, 2026 at 11:00AM to view and evaluate the location and existing site conditions and verify the accuracy and completeness of its bid proposal. Attendance will be recorded by the Town. A bid from a bidder that does not attend will be rejected as nonresponsive. Oral statements at the conference do not amend the Contract Documents; changes will be made only by written addendum.

A performance bond in an amount equal to 100 percent of the total amount of the contract price with a surety company qualified to do business in the Commonwealth of Massachusetts will be required for the faithful performance of the contract, as well as a labor and materials bond in an amount equal to 100 percent of the total contract price.

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

Attention is directed to the minimum wage rates to be paid as determined by the Commissioner of Labor and Workforce Development and the weekly payroll record submittal requirements under the provisions of Massachusetts General Laws, Chapter 149, Section 26 through 27D inclusive.

Selection of the contractor will be based upon bidder qualifications, including evidence of past performance in similar projects, and bid price. The contract will be awarded to the bidder deemed by the awarding authority to be the lowest responsible and eligible bidder.

The bidder agrees that its bid shall be good and may not be withdrawn for a period of 60 days, Saturdays, Sundays and legal holidays excluded, after the opening of the bids.

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

By: Stephanie Lahtinen, Town Administrator http://www.westminster-ma.gov/procurement

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SECTION 00100

INSTRUCTIONS TO BIDDERS

1. Receipt and Opening of Bids The Town of Westminster, Massachusetts, herein called the Owner, acting by and through its Select Board, will receive sealed bids for the Forbush Memorial Library Boiler Replacement Project.

General bids shall be addressed to Stephanie Lahtinen, Town Administrator, Office of the Town Administrator, Town Hall, 11 South Street, Room 205, Westminster, MA 01473.

Each sealed envelope shall be endorsed “Bid for Forbush Memorial Library Boiler Replacement” and received at that office by November 12, 2026 at 9:00AM, prevailing local time, when and where all bids will be publicly opened and read aloud.

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 its bid shall be good and may not be withdrawn for a period of 60 days, Saturdays, Sundays, and legal holidays excluded, after the opening of bids.

2. Location and Work to be Done The Work consists of replacing two existing gas-fired boilers at Forbush Memorial Library, 118 Main Street, Westminster, Massachusetts, and all incidental work described in Section 00900 Description and Scope of Work.

The bidding documents include a written scope of work only. No drawings or conceptual plans are attached or incorporated into this solicitation. Bidders shall evaluate the site at the mandatory pre-bid conference and submit written questions concerning discrepancies or necessary clarifications. Written addenda issued by the Town become part of the Contract Documents.

The Contractor shall furnish all labor, services, materials, equipment, plant, machinery, apparatus, appliances, 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.

3. Preparation of Bid Each bid must be submitted on the prescribed form. All blank spaces for bid prices must filled in, in ink or typewritten, in both words and figures.

Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, his address, and endorsed with the name of the project as specified in Receipt and Opening of Bids, above. 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.

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; 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.

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All addenda will be sent certified mail, with return receipt requested, and/or facsimile or e-mail to all prospective bidders. All bidders shall include with their bids the written acknowledgment form provided in Section 00300, FORM OF GENERAL BID.

The total dollar amount of each bid will be read aloud at the public opening. Bids will then be reviewed for responsiveness, eligibility, responsibility and price. All bids will be available for examination following the opening, subject to applicable law.

5. Modification Any bidder may modify his bid by written communication at any time prior to the scheduled closing time for receipt of bids. Any telegraphic communication must be received by the Owner prior to the closing time, and, provided further, the Owner must be satisfied that a written confirmation of the telegraphic modification over the signature of the bidder was mailed prior to the closing time. If written confirmation is not received within two days from the closing time, no consideration will be given to a telegraphic communication.

The communication shall not reveal the bid price but shall provide the addition or subtraction or other modification so that the final prices or terms will not be known by the Owner until the sealed bid is opened.

6. 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 within the time named. The Owner's decision or judgment on these matters will be final, conclusive, and binding.

The Owner may make such investigations as it deems necessary, and the bidder shall furnish to the Owner, under oath if so required, all such information and data for this purpose as the Owner may request.

7. Conditions of Work Each bidder shall attend the mandatory pre-bid conference and site visit described in Section 00020, evaluate existing conditions, and verify the accuracy and completeness of its proposal. Each bidder shall include all incidental work necessary for a complete and usable system consistent with Section 00900 and applicable codes. Failure to inspect observable conditions does not relieve the successful bidder of its obligations.

8. Addenda and Interpretations No interpretation of the scope of work or other bidding documents will be made orally. Information given informally shall not amend the Contract Documents or be used as the basis of a claim against the Owner.

Every request for interpretation shall be in writing addressed to Stephanie Lahtinen, Town Administrator, Office of the Town Administrator, Town Hall, 11 South Street, Room 205, Westminster, MA 01473, and must be received at least seven (7) days before bid opening to be considered. Interpretations and supplemental instructions will be issued by written addendum to all registered prospective bidders. All such addenda become part of the Contract Documents. Each bidder shall acknowledge receipt on its bid form.

9. Security for Faithful Performance Simultaneously with his delivery of the executed Contract, the Contractor shall furnish a surety bond or bonds as security for faithful performance of this contract and for the payment of all persons performing labor and materials under this contract. 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.

10. 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.

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11. Laws and Regulations The bidder's attention is directed to the fact that all applicable State laws, municipal ordinances or bylaws, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout, and they will be deemed to be included in the Contract the same as though written out in full.

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 10 days after presentation thereof by the Owner, shall forfeit to the Owner, as liquidated damages for such failure or refusal, the 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. Obligation of Bidder Each bidder shall attend the mandatory pre-bid conference and site visit and shall read and be thoroughly familiar with all Contract Documents and addenda. Failure to examine a document does not relieve a bidder of its obligations.

14. 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 at present available to the Owner. All such information is furnished only for the information and convenience of bidders and is not guaranteed.

It is agreed and understood that the Owner does not warrant or guarantee that the subsurface or other conditions, natural phenomena, existing pipes, or other structures encountered during construction will be the same as those indicated in the Contract Documents. It is further agreed and understood that 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 or the Architect/Engineer, 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.

15. Bid Security Each bid and sub-bid must be accompanied by bid security in the form of a certified check, a bid bond, cash, or a treasurer's or cashier's check, payable to the Owner, in the amount of five (5) percent of the value of the bid. Such security of general bidders will be returned to all except the three lowest responsible and eligible bidders within five days, Saturdays, Sundays, and legal holidays excluded, after the opening of bids, and the remaining securities will be returned promptly after the Owner and the accepted bidder have executed the Contract, 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.

16. Right to Reject Bid The Owner reserves the right to waive any informalities in bids and to 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 either incomplete, conditional, obscure or not responsive or which contain additions not called for, erasures not properly initialed, alterations, or similar irregularities.

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17. Time for Completion The replacement shall be completed as soon as feasible, weather permitting. The Contractor shall promptly confirm equipment availability and submit its earliest feasible installation and completion schedule for the Town’s written approval. The written Notice to Proceed shall establish commencement and completion dates consistent with that requirement. Coordinate any interruption of heating service with the Town in advance.

Any extension of the approved completion date requires the Town’s written authorization under the Contract Documents.

18. Comparison of Bids Bids will be compared on the basis of prices set forth in the bid forms.

In the event that there is a discrepancy between the lump sum or unit prices written in words and figures, the prices written in words will govern.

19. Award of Contract The Contract will be awarded to the lowest responsible and eligible bidder pursuant to applicable provisions of General Laws Chapter 149, Section 44A, and Chapter 30, Section 39M, as amended. Such bidder shall possess the skill, ability and integrity necessary for faithful performance, furnish labor that can work in harmony with other labor employed on the Work, and comply with all applicable law. Award is subject to availability of an appropriation for funding.

20. Statutes Regulating Competitive Bidding Any bid that does not comply with applicable Massachusetts public construction bidding requirements may be rejected. The Owner may reject all bids if in the public interest.

21. Wage Rates Prevailing Wage Rates as determined by the Commissioner of Department of Labor and Workforce Development under the provision of the Massachusetts General Laws, Chapter 149, Section 26 to 27G, as amended, apply to this project. It is the responsibility of the bidder, before bid opening, to request any additional information on Prevailing Wage Rates for those tradespeople who may be employed for the proposed work under this contract.

22. Contractor Records The Contractor shall comply with the provisions of Massachusetts General Laws, Chapter 30, Section 39R concerning Contractor records.

23. INSURANCE

The Contractor shall procure and maintain insurance at its own expense in accordance with Article 14 of Section 00500 Agreement and the Insurance Requirements in Section 00800 Supplemental Conditions, §§ SC

3.1 through SC 3.4.3. The Town of Westminster shall be named as an additional insured on the Contractor’s liability policies. Certificates of Insurance, cancellation and material-change notices, and first tier subcontractor insurance shall comply with those requirements. The Contractor covenants and agrees to hold the Town and its employees, agents and officials harmless from loss or damage due to claims for bodily injury or death and/or property damage arising from, or in connection with, operations under this Contract.

24. PROJECT MANAGER

The Owner may utilize the services of a project manager, whose duties shall be as set forth in an Agreement for Project Manager Services.

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SECTION 00300

FORM OF GENERAL BID

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 Town of Westminster, Massachusetts (hereinafter called “Owner”).

To the Awarding Authority:

A) The undersigned Bidder, in compliance with the invitation for bids for Forbush Memorial Library Boiler Replacement, having examined the written scope of work, Contract Documents and addenda and attended the mandatory pre-bid conference and site visit, proposes to furnish all labor, materials, equipment and services necessary to complete the Work in accordance with the Contract Documents. The bid includes all expenses and incidental work necessary for a complete and usable system consistent with the scope and applicable codes.

Mandatory site visit attendance Date attended: ____________________ Bidder representative name: ____________________ Signature: ____________________

The replacement shall be completed as soon as feasible, weather permitting. The Contractor shall promptly confirm equipment availability and submit its earliest feasible installation and completion schedule for the Town’s written approval. The written Notice to Proceed shall establish commencement and completion dates consistent with that requirement. Coordinate any interruption of heating service with the Town in advance.

Any extension of the approved completion date requires the Town’s written authorization under the Contract Documents.

Proposed equipment lead time: __________.

Earliest feasible commencement: __________.

Proposed duration of on-site work: __________ calendar days.

Earliest feasible completion: __________.

These schedule entries are for coordination and do not qualify the lump sum bid. Liquidated damages shall be $250.00 per day after the completion date established in the written Notice to Proceed, excluding Saturdays, Sundays and legal holidays, subject to extensions authorized in writing by the Town.

*Specify corporation, partnership or individual as applicable.

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B) Bidder acknowledges receipt of and this bid includes the following addenda:

No. Dated:

No. Dated:

No. Dated:

No. Dated:

C) The Bidder agrees to perform all Work described in Section 00900 and the Contract Documents for the following total lump sum price: $____________________. Amount in words:

__________________________________________________ dollars.

The lump sum price includes all labor, materials, equipment, removal and disposal, permits, inspections, overhead, profit, insurance and incidental work necessary to deliver the completed Work.

The Bidder understands that all bids for this project are subject to the applicable bidding laws of the Commonwealth of Massachusetts, including General Laws Chapter 149 and

Chapter 30, Section 39M, as amended.

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 30 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 set forth in Section 00500 CONTRACT.

Bid security is attached in the sum of five percent (5%) of the total bid in accordance with the conditions of Section 00100 INSTRUCTIONS TO BIDDERS. The bid security may become the property of the Owner in the event the contract and bond are not executed within the time set forth above.

The selected Contractor shall furnish a performance bond and a payment bond in an amount at least equal to one hundred percent (100%) of the contract price in accordance with Section 00610 PERFORMANCE BOND, Section 00620 PAYMENT BOND, and as stipulated in the contract.

The undersigned offers the following information as evidence of qualifications to perform the Work in accordance with the Contract Documents.

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 principals, are as follows:

(attach supplementary list if necessary)

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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 that will enable the Owner to judge his experience, skill and business standing (add supplementary page if necessary).

Completion Project Contract Design Reference Telephone

Date Name Amount Engineer Name No.

a.__________________________________________________________________________________________________________________________ b.__________________________________________________________________________________________________________________________ c.__________________________________________________________________________________________________________________________ d.__________________________________________________________________________________________________________________________ e.__________________________________________________________________________________________________________________________ f.___________________________________________________________________________________________________________________________

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Bank reference _____________________________________

(Name)

(Bank)

(Address)

(Telephone No.)

Pursuant to M.G.L. CH. 62C, Sec. 49A, I certify hereby in writing, under penalties of perjury, that the within named Bidder/Contractor has complied with all laws of the commonwealth relating to taxes, reporting of employees and contractors, and withholding and remitting of child support.

The undersigned Bidder hereby certifies under penalties of perjury, as follows: (1) that he/she is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed in the work; (2) 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 (3) that all employees to be employed in the work subject to this bid have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health Administration that is at least 10 hours in duration.

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.

The undersigned bidder hereby certifies, under pains and penalties of perjury, that the foregoing bid is based upon the payment to laborers to be employed on the project of wages in an amount no less that the applicable prevailing wage rates established for the project by the Massachusetts Department of Labor and Workforce Development. The undersigned bidder agrees to indemnify the awarding authority for, from and against any loss, expense, damages, actions or claims, including any expense incurred in connection with any delay or stoppage of the project work arising out of or as a result of (1) the failure of the said bid to be based upon the payment of the said applicable prevailing wage rates or (2) the failure of the bidder, if selected as the contractor, to pay laborers employed on the project the said applicable prevailing wage rates.

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Respectfully submitted:

Date: ______________ By: _____________________________

(Signature)

(Type Name of Bidder)

(Title)

(Business Address)

(City and State)

(Telephone Number

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SECTION 00500

AGREEMENT

THIS AGREEMENT made this ________________ day of _______________ in the year ________, between _______________________________, with a usual place of business at ___________________________________________, hereinafter called the CONTRACTOR, and the Town of Westminster, acting by its Select Board, with a usual place of business at 11 South Street, Westminster, MA 01473, hereinafter called the OWNER.

The CONTRACTOR and the OWNER, for the consideration hereinafter named, agree as follows:

1. Scope of Work The Contractor shall furnish all labor, materials, equipment, services and insurance to perform the Forbush Memorial Library Boiler Replacement at 118 Main Street, Westminster, Massachusetts, in accordance with the Contract Documents, including Section 00900 Description and Scope of Work and written addenda. These documents and the Supplemental Conditions are incorporated into this Agreement. No drawings or conceptual plans are attached or incorporated.

2. Contract Price The Owner shall pay the Contractor for the performance of this Agreement, subject to additions and deductions provided herein, in current funds, the sum of ______________________________.

3. Commencement and Completion of Work and Liquidated Damages Time is of the essence of this Agreement. The replacement shall be completed as soon as feasible, weather permitting. The Contractor shall promptly confirm equipment availability and submit its earliest feasible installation and completion schedule for the Town’s written approval. The written Notice to Proceed shall establish commencement and completion dates consistent with that requirement. Coordinate any interruption of heating service with the Town in advance. Any extension of the approved completion date requires the Town’s written authorization under the Contract Documents.

A. Definition of Term: The Term "Substantial completion" shall mean the date certified by the Owner when construction is sufficiently complete, in accordance with the Contract Documents, so the Owner may occupy the project, or designated portion(s) thereof, for the use for which it is intended.

B. Time as Essential Condition: It is understood and agreed that the commencement of and substantial completion of the work are essential conditions of this Agreement. It is further agreed that time is of the essence for each and every portion of the Contract Documents wherein a definite and certain length of time is fixed for the performance of any act whatsoever; and where under the Contract Documents any additional time is allowed for the completion of any work, the new time fixed by such extension shall be of the essence of this Agreement. It is understood and agreed that the times for the completion of the work are reasonable, taking into consideration the average climatic range and usual industrial conditions prevailing in this locality.

C. Progress and Completion: The Contractor shall prosecute the Work regularly and diligently in accordance with the schedule approved in writing by the Owner and the written Notice to Proceed, completing the replacement as soon as feasible, weather permitting.

D. Liquidated Damages: It is expressly agreed between the Contractor and the Owner that the Contractor will be responsible for all damages which may arise due to the Contractor's failure to substantially complete the work within the above specified time. If the Contractor shall neglect, fail or refuse to complete the work within the specified number of days, or any extension thereof authorized by the Owner, Contractor agrees, as a part of the consideration for the execution of this Contract by the Owner, to pay the Owner the amount specified herein, not as a penalty, but as liquidated damages for such breach of contract as hereinafter set forth, for each and every calendar day, excluding Saturdays, Sundays and legal Holidays, that the Contractor shall be in default of Substantial completion after the date specified in the Agreement. Due to the impracticability and

Town of Westminster | Boiler Replacement | 14 extreme difficulty of fixing and ascertaining the actual damages the Owner would in such event sustain, said amount is agreed to be the amount of damages which the Owner would sustain, and said amount shall be retained from time to time by the Owner from current periodic estimates. These schedule entries are for coordination and do not qualify the lump sum bid. Liquidated damages shall be $250.00 per day after the completion date established in the written Notice to Proceed, excluding Saturdays, Sundays and legal holidays, subject to extensions authorized in writing by the Town.

4. Performance of the Work A. Direction of the Work: The Contractor shall supervise and direct the Work, using his best skills and attention which shall not be less than such state of skill and attention generally rendered by the contracting profession for projects similar to the Project in scope, difficulty and location. The Contractor shall maintain adequate supervisory personnel at the project site during the performance of the Work. He shall be solely responsible for all construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Agreement.

B. Responsibility for the Work: (1) The Contractor shall be responsible to the Owner for the acts and omissions of his employees, Subcontractors and their agents and employees, and other persons performing any of the Work under a contract with the Contractor. This obligation shall also extend to the presence on the Site of suppliers of materials or equipment, their employees, contractors, and agents engaged in the work.

(2) The Contractor shall not be relieved from his obligations to perform the Work in accordance with the Contract Documents either by the activities or duties of the Owner in its administration of the Agreement, or by inspections, tests or approvals required or performed by persons other than the Contractor.

C. Permits and Fees: Unless otherwise expressly provided, the Contractor shall secure and pay for all permits and fees, licenses and inspections necessary for the proper execution and completion of the Work which are customarily secured after execution of the Agreement and which are legally required at the time the bids are received, and the same shall at all times be the property of the Owner and shall be delivered to the Owner upon completion of the Project.

D. Notices, Compliance With Laws: (1) The Contractor shall give all notices and comply with all federal, state and local laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the performance of the Work. The Contractor shall provide the Owner with reproductions of all permits, licenses and receipts for any fees paid. The Owner represents that it has disclosed to the Contractor all orders and requirements known to the Owner of any public authority particular to this Agreement.

(2) If the Contractor observes that any of the Contract Documents are at variance with applicable laws, statutes, codes and regulations in any respect, he shall promptly notify the Owner in writing, and any necessary changes shall be accomplished by appropriate modification.

(3) If the Contractor performs any Work which he knows or should know is contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner, he shall assume full responsibility therefor and shall bear all costs attributable thereto.

(4) In the performance of the Work, the Contractor shall comply with all applicable federal, state and local laws and regulations including those relating to workplace and employee safety. The Contractor shall notify the Owner immediately of any conditions at the place of the work which violate said laws and regulations and shall take prompt action to correct and eliminate any such violations.

E. Project Superintendent: The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site at all times during the progress of the Work. The superintendent shall represent the Contractor and all communications given to the superintendent shall be as binding as if given to the Contractor. Important communications shall be confirmed in writing. Other communications shall be so confirmed on written request in each case.

F. Progress Schedule: The Contractor, immediately after being awarded the Contract, shall prepare and submit for the Owner's information an estimated progress schedule for the Work. The progress schedule shall

Town of Westminster | Boiler Replacement | 15 be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work.

G. Scope of Work and Submittals:

(1) The Contractor shall maintain at the site a current record copy of the written scope of work, Contract Documents, Addenda, Change Orders, approved equipment data and other required submittals, marked to record changes during construction. Deliver these records, operating and maintenance manuals, warranties, and records of the completed installation to the Owner upon completion. No Owner drawings or conceptual plans are provided.

(2) By approving and submitting Shop Drawings, Product Data and Samples, the Contractor represents that he has determined and verified all materials, field measurements, and field construction criteria related thereto, or will do so, and that he has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents.

(3) The Contractor shall not be relieved of responsibility for any deviation from the requirements of the Contract Documents by the Owner's approval of Shop Drawings, Product Data or Samples unless the Contractor has specifically informed the Owner in writing of such deviation at the time of submission and the Owner has given written approval to the specific deviation. The Contractor shall not be relieved from responsibility for errors or omissions in the Shop Drawings, Product Data or Samples by the Owner's approval thereof.

(4) The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data or Samples, to revisions other than those requested by the Owner on previous submittals.

(5) No portion of the Work requiring submission of a Shop Drawing, Product Data or Sample shall be commenced until the submittal has been approved by the Owner. All such portions of the Work shall be in accordance with approved submittals.

H. Protection of the Work and Owner's Property: The Contractor shall at all times safely guard the Owner's property from injury or loss in connection with this Agreement. He shall at all times safely guard and protect his own work, and that of adjacent property from damage. The Contractor shall replace or make good any such damage, loss or injury. The Contractor shall clean the work area and restore it to its original condition upon completion of the work.

I. Quality of the Work: The Contractor shall perform the work in a good, workmanlike manner. The Contractor hereby guarantees that the entire work constructed by him under the Agreement will meet fully all requirements thereof as to quality of workmanship and materials. The Contractor hereby agrees to make at his own expense any repairs or replacements made necessary by defects in materials or workmanship supplied to him that become evident within one (1) year after the date of the final payment, and to restore to full compliance with the requirements set forth herein any part of the work constructed hereunder, which during said one (1) year period is found to be deficient with respect to any provisions of the Contract Documents.

The Contractor also agrees to hold the Owner harmless from claims of any kind arising from damage due to said defects. The Contractor shall make all repairs and replacements promptly upon receipt of written orders for same from the Owner. If the Contractor fails to make the repairs and replacements promptly, the Owner may do the work and the Contractor shall be liable to the Owner for the cost thereof.

J. Warranty: The Contractor guarantees to Owner that all materials incorporated into the work will be new unless otherwise specified or agreed. Prior to final payment, the Contractor shall deliver to the Owner all manufacturers' warranties, together with such endorsements or assignments as are necessary to ensure to the Owner the full rights and benefits of such warranties.

5. Affirmative Action/Equal Employment Opportunity The Contractor is directed to comply with all applicable State Laws, Ordinances, Bylaws, and rules and regulations regarding affirmative action/equal employment opportunity requirements. Failure of the

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Contractor to comply with any such law, rule or regulation shall constitute grounds for the Owner to terminate the Agreement.

6. Site Information Not Guaranteed; Contractor's Investigation 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 at present available to the Owner. All such information is furnished only for the information and convenience of the Contractor and is not guaranteed.

It is agreed and understood that the Owner does not warrant or guarantee that the subsurface or other conditions, natural phenomena, existing pipes, or other structures encountered during construction will be the same as those indicated in the Contract Documents.

Contractor has familiarized himself with the nature and extent of the Contract Documents, work, locality, and with all local conditions and federal, state, and local laws, rules, ordinances, and regulations that in any manner may affect costs, progress, or performance of the work. Contractor has made, or has caused to be made, examinations, investigations, and tests and studies of such reports and related data in addition to those referred to in the paragraph above as he deems necessary for the performance of the work at the Contract Price, within the Contract Time, and in accordance with the other Terms and Conditions of the Contract Documents; and no additional examinations, tests, investigations, reports, and similar data are or will be required by the Contractor for such purposes.

Contractor has correlated the results of all such observations, examinations, investigations, tests, reports, and data with the Contract Documents. Contractor has given the Owner written notice of all conflicts, errors, or discrepancies that he has discovered in the Contract Documents, and the resolution thereof by the Owner is acceptable to the Contractor.

It is further agreed and understood that the Contractor shall not 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 conditions or other conditions or structures actually encountered during the construction work, except as may otherwise be expressly provided for in the Contract Documents.

7. Project Architect or Engineer There ____is/_____is not a project architect-engineer for this project who is ____________________________. Except as otherwise indicated in the Contract Documents, the Architect/Engineer shall be a representative of the Owner and the Contractor shall direct all communications, questions and comments on the work and the performance thereof to the Architect/Engineer. Except as otherwise provided, the Architect/Engineer shall have all the authority of the Owner set forth in the Contract Documents. In general, the Architect/Engineer shall have the authority to review the performance of the work, reject work which is defective or otherwise does not comply with the Contract Documents and to order the Contractor to remedy defective work and take such actions which are necessary to make the work conform to the Contract Documents.

8. Wage Rates Prevailing Wage Rates as determined by the Commissioner of the Department of Labor and Workforce Development under the provisions of Massachusetts General Laws, Chapter 149, Section 26 to 27G, as amended, apply to this project. It is the responsibility of the Contractor to provide the Town with certified payrolls and to comply with all requirements of the above-cited statutes.

The schedules of prevailing wage rates are included in the Contract Documents.

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9. Payments to the Contractor Within fifteen (15) days after receipt from the Contractor of a proper and satisfactory periodic estimate requesting payment of the amount due for the preceding month, the Owner shall have fifteen (15) days to make payment for:

A. The work performed during the preceding month.

B. The materials not incorporated in the Work but delivered and suitably stored at the site (or at some location agreed upon in writing) to which the Contractor has title, or to which a Subcontractor has title and has authorized the Contractor to transfer title to the Owner.

C. Less the following retention items:

1. A retention based on an estimate of the fair value of the Owner's claims against the Contractor.

2. A retention for direct payments to Subcontractors, if any, based on demands for same in accordance with the provisions of Section 39F of Chapter 30 of the General Laws.

3. A retention not exceeding five percent (5%) of the approved amount of the periodic payment.

D. After the receipt of a periodic estimate requesting final payment and within sixty-five (65) days after the Contractor fully completes the Work, or substantially completes the Work so that the value of the Work remaining to be done is, on the estimate of the Owner, less than 1% of the original Contract Price, or substantially completes the Work and the Owner takes possession or occupancy, whichever occurs first, the Owner shall pay the Contractor the entire balance due on the Contract less:

1. A retention based on an estimate of the fair value of the Owner's claims against the Contractor and of the cost of completing the incomplete and unsatisfactory items of work.

2. A retention for direct payments to Subcontractors, if any, based on demands of same in accordance with the provisions of Section 39F of Chapter 30 of the General Laws, or based on the record of payments by the Contractor to the Subcontractors under this Contract if such record of payment indicates that the Contractor has not paid Subcontractors as provided in Section 39F of Chapter 30 of the General Laws.

If the Owner fails to make payment as herein provided, there shall be added to each such payment, daily interest at the rate of 3 percentage points above the rediscount rate than charged by the Federal Reserve Bank of Boston, commencing on the first day after said payment is due, and continuing until the payment is delivered or mailed to the Contractor; provided that no interest shall be due, in any event, on the amount of a periodic estimate for final payment until fifteen (15) days after receipt of such a periodic estimate by the Owner as provided in the first paragraph of this Article. The Contractor agrees to pay to each subcontractor a portion of any such interest paid in accordance with the amount due each subcontractor.

The Owner may make changes in any periodic estimate submitted by the Contractor and the payment due on said periodic estimate shall be computed in accordance with the changes so made, and such changes and any requirements for a corrected periodic estimate shall not affect the due date for the periodic payment or the date for the commencement of interest charges on the amount of the periodic payment computed in accordance with the changes made, as provided herein; provided further, that the Owner may, within seven (7) days after receipt, return to the Contractor for correction, any periodic estimate which is not in acceptable form or which contains computations not arithmetically correct, and in that event, the date of receipt of such periodic estimate shall be the date of receipt of the corrected periodic estimate in proper form and with arithmetically correct computations. The date of receipt of a periodic estimate received on a Saturday shall be the first working day thereafter.

E. Changes in the Work: No changes in the work covered by the approved Contract Documents shall be made without prior written approval of the Owner. Charges or credits for the work covered by the approved change shall be determined by one or more, or a combination of the following methods:

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(a) Unit bid prices previously approved.

(b) An agreed lump sum.

(c) The actual cost of:

(1) Labor.

(2) Materials entering permanently into the work.

(3) The ownership or rental cost of construction equipment during the time of use on the extra work.

(4) Power and consumable supplies for the operation of power equipment.

(5) Wages to be paid.

To the cost under (c) there shall be added a fixed fee to be agreed upon but not to exceed fifteen percent (15%) of the actual cost of work. The fee shall be compensation to cover the cost of supervision, overhead, bond, profit and any other general expenses.

F. Claims for Additional Costs: If the Contractor wishes to make a claim for an increase in the Contract Sum, he shall give the Owner written notice thereof within twenty days after the occurrence of the event giving rise to such claim. This notice shall be given by the Contractor before proceeding to execute the Work, except in an emergency endangering life or property. No such claim shall be valid unless so made. Any change in the Contract Sum resulting from such claim shall be authorized by Change Order.

The Contractor hereby agrees that the Contractor shall have no claim for damages of any kind against the Town on account of any delay in the commencement or performance of the work and/or any hindrance, delay or suspension of any portion of the work including, but not limited to, any claims or damages on account of having to perform out of sequence work, claims for damages on account of loss of production or other interference with the work whether such delay is caused by the Town or otherwise, except as and to the extent expressly provided under G.L. c.30, §39O in the case of written orders by the Town. The Contractor acknowledges that the Contractor’s sole remedy for any such claim will be an extension of time as provided herein.

10. Final Payment, Effect The acceptance of final payment by the Contractor shall constitute a waiver of all claims by the Contractor arising under the Agreement.

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11. Contract Documents The Contract Documents consist of the following, together with this Agreement:

Invitation for Bids

Instructions to Bidders

This Contract Form

Bid Form

Performance Bond

Labor & Materials Payment Bond

Non-Collusion Certificate

Tax Compliance Certificate

Clerk's Certificate of Corporate Vote

Certificate of Insurance

Supplemental Conditions

Applicable provisions of Massachusetts law incorporated by Section 00850

Section 00900 Description and Scope of Work

Written Addenda and Change Orders

Schedule of Prevailing Wages

12. Terms Required By Law This Agreement shall be considered to include all terms required to be included in it by the Massachusetts General Laws, and all other laws, as…