FY26 Line Painting Bid Package.pdf

TOWN OF ACUSHNET

Invitation for Bids

PAINTING TRAFFIC LINES AND MARKINGS

BIDS DUE:

July 29, 2025 10:30 AM

Selectmen Office

122 Main Street

Acushnet, MA 02743

(508) 998-0230

TABLE OF CONTENTS

Page

INVITATION TO BID 1

SECTION I GENERAL INSTRUCTIONS FOR BIDDERS 2

SECTION II REQUIRED FORMS 7

BID Form 8 Certificate of Non-Collusion 13 Certificate of Tax Compliance 13 Labor Harmony and OSHA Training Certification 14 Debarment Letter 15 Certificate as to Corporate Bidder (if a corporation) 16 Contractor Certification (Executive Order 481) 17 Qualification Form 18

Reference Form 19

SECTION III GENERAL TERMS & CONDITIONS 20

SECTION IV SPECIFICATIONS 34

SCOPE OF WORK 34

CLEAN UP 34

PAVEMENT MARKINGS 36

SECTION V CONTRACT AGREEMENT 39

Certificate of Authority – Corporation 55

Sample Payment Bond 56

APPENDIX A MATERIAL SPECIFICATIONS 55

APPENDIX B PAVEMENT MARKING SKETCHES 62

APPENDIX C INVENTORY 70

WEEKLY PAYROLL RECORDS & STATEMENT OF COMPLIANCE 100

PREVAILING WAGE RATES 101

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ACUSHNET TOWN HALL

122 MAIN STREET

ACUSHNET, MA. 02743

INVITATION TO BID

The Town of Acushnet, Massachusetts, invites Bids for:

“PAINTING TRAFFIC LINES AND MARKINGS”

The Proposal, Specifications and Bid Forms for the contract may be examined and copies obtained through the Town’s Website http://acushnet.ma.us/department-of-public-works.

Bid Documents will be available online at https://www.acushnet.ma.us/department-of-public-works.

All bids shall be submitted to the following address by July 29, 2025 at 10:30 a.m.

Town of Acushnet

Selectmen Office

BID Enclosed project -Line Painting

122 Main Street

Acushnet, MA 02743

It is the responsibility of the prospective proposers and bidders to check https://www.acushnet.ma.us/department-of-public-works for new information any addenda or modifications to any solicitation.

The Bids and award of this contract will be under the provisions of M.G.L. c. Chapter 30, Section 39M, as amended to the lowest cost responsible and responsive Bidder.

The Town of Acushnet reserves the right to reject any and all Bids, or to award or not to award the contract for any reason the Town determines to be in the Town's and/or the public's best interest.

http://acushnet.ma.us/ https://www.acushnet.ma.us/department-of-public-works

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SECTION I: GENERAL INSTRUCTIONS TO BIDDERS

This contract is being awarded under provisions of M.G.L. c. 30 § 39M. Attention of all Bidders is directed to all applicable Sections of the General Laws of the Commonwealth of Massachusetts, and Municipal

Ordinances and By-Laws, as most recently amended, which govern this contract. They will be deemed to be included in the contract the same as though written out in full.

No Bid received after the closing time and date established in the INVITATION TO BID for the receipt of

Bids will be considered regardless of the cause for delay in the receipts of such Bids.

The Town reserves the right to waive minor informalities in or to reject any or all Bids if it be in the public interest to do so.

NOTE: THE SPECIFIED QUANTITIES ARE ESTIMATES OF REQUIREMENTS FOR USE IN

COMPARING BIDS: THE TOWN OF ACUSHNET DOES NOT GUARANTEE THAT THESE

QUANTITIES WILL ULTIMATELY BE REQUIRED.

ARTICLE 1 - BID’S REPRESENTATION

1. Each General Bidder (hereinafter called the "Bidder”) by making a Bid (hereinafter called "Bid”) represents that:

a. The Bidder has read and understands the Documents, Contract Forms, General Conditions, Conditions of the Contract, General Requirements and Project Specifications, Appendixes

(collectively, referred to as the “Contract Documents”) and the Bid is made in accordance therewith.

b. The Bidder has visited the work site and is familiar with the local conditions under which the work has to be performed.

2. Failure of any Bidder to acquaint himself with the Bid, work sites and contract documents shall in no way release that Bidder from the obligations with respect to his Bid.

ARTICLE 2 - REQUEST FOR INTERPRETATION/ADDENDA

1. Bidders shall promptly notify the Town of any ambiguity, inconsistency, or error which they may discover upon examination of the Contract Documents, the site, and local conditions.

2. Questions concerning this invitation for Bids must be submitted in writing to: Town of Acushnet, Attn: DPW, 122 Main Street, Acushnet, MA 02743 or via dpw@acushnet.ma.us. Written responses will be emailed to all Bidders on record as having picked up the IFB.

3. Interpretation, correction, or change in the Contract Documents will be made by addendum which will become part of the Contract Documents. The Town will not be held accountable for any oral communication.

4. Addenda will be emailed to every individual or firm on record as having taken a set of Contract

Documents.

mailto:dpw@acushnet.ma.us

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5. Bidders or proposers contacting ANY TOWN EMPLOYEE regarding an Invitation for Bid (IFB) or a

Request for Proposal (RFP), outside of the Procurement Office, once an IFB or RFP has been released may be disqualified from the procurement process.

6. It is the responsibility of the prospective Bidder to keep current the email address of the Bid’s contact person and to monitor that email inbox for communications from the Town of Acushnet, including requests for clarification. If any changes are made to this IFB, an addendum will be issued. Addenda will be emailed to all Bidders on record as having picked up the IFB. The Town assumes no responsibility if a prospective Bid’s designated email address is not current, or if technical problems, including those with the prospective Bid’s computer, network or internet service provider (ISP) cause email communications sent to/from the prospective Bidder to be lost or rejected by any means including email or spam filtering.

7. The Town of Acushnet accepts no responsibility and will provide no accommodation to Bidders who submit a response and or Bid based on an out-of-date solicitation or on information received from a source other than the Town of Acushnet.

ARTICLE 3 - PREPARATION AND SUBMISSION OF BIDS

1. Bids shall be submitted on the "BID FORM” as appropriate, furnished by the Town.

2. All Bid forms shall be completely filled in and signed by the Contractor.

3. Each Bid must be submitted on the prescribed forms which are included as pages of this document. All blank spaces Bid prices must be filled in, in ink or typewritten, and must be legible. Forms which are incomplete or obscure, or which contain work not in accordance with the specifications, will be rejected.

4. Where so indicated on the Bid Form, sums shall be expressed in both words and figures. Where there is a discrepancy between the Bid sum expressed in words and the Bid sum expressed in figures, the words shall control.

5. By submitting his Bid, the Bidder agrees to execute the contract, to provide insurance certificates, and to commence work within the time limits stated in the Contract Documents. If the successful

Bidder does not meet this requirement, the Town may then, at its option, award the contract to the next lowest Bidder, or rebid the contract if determined by the Town to be in the public interest to do so. The Town will then sign for the Town, after which the contract will become effective.

EACH BID PACKAGE MUST CONTAIN:

(a.) Contractor's Price Proposal (Bid Form) - signed by an authorized person. A Bid must be signed as follows: 1) if the Bidder is an individual, by her/him personally; 2) if the Bidder is a partnership, by the name of the partnership, followed by the signature of each general partner;

and 3) if the Bidder is a corporation, by the authorized officer, whose signature must be attested to by the Clerk/Secretary of the corporation and the corporate seal affixed and a Certificate As To

Corporate Bidder form attached.

(b.) Certificate of Non Collusion and Tax Compliance Form

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(c.) Labor Harmony and OSHA Training Certification Form

(d.) Debarment Letter

(e.) Contractor Certification (Executive Order 481)

(f.) Bidder Qualification and Reference Forms

(g.) Bid Deposit (5% of Bid)

ARTICLE 4 - ALTERNATES

1. Each Bidder shall acknowledge alternates (if any) in Bid Form.

2. In the event an alternate does not involve a change in the amount of the base Bid, the Bidder shall so indicate by writing "No Change", or "N/C" or "0" in the space provided for that alternate.

3. Bidders shall enter on the Bid Form a single amount for each alternate which shall consist of the amount for work performed by the Contractor.

4. The low Bidder will be determined on the basis of the sum of the base Bid and the accepted alternates.

ARTICLE 5 – WITHDRAWAL OF BIDS

1. Any Bid may be withdrawn prior to the time designated for receipt of Bids on written or electronic request. Electronic withdrawal of Bids must be confirmed over the Bid’s signature by written notice postmarked on or before the date and time set for receipt of Bids.

2. Any Bidder may modify his Bid at any time prior to the scheduled closing time for receipt of Bids provided such is received by the Selectmen Office prior to the closing time, and provided further that the final prices or terms will not be disclosed to the TOWN OF ACUSHNET until the sealed Bid is opened.

3. Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids.

4. No Bids may be withdrawn within sixty (30) days, Saturdays, Sundays and legal holidays excluded, after the opening of the Bids.

ARTICLE 6 - CONTRACT AWARD

1. The contract will be awarded to the responsive and responsible Bidder offering the lowest contract price as the GRAND TOTAL on the “Bid Form”.

2. The Town will award the contract to the lowest responsible and eligible Bidder within sixty (60) days, Saturdays, Sundays, and legal holidays excluded, after the opening of Bids.

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3. The Town reserves the right to waive minor informalities in or to reject any or all Bids if it be in the public interest to do so.

4. The Town reserves the right to reject any Bidder who has failed to pay any local taxes, fees, assessments, betterments, or any other municipal charge, unless the Bidder has a pending abatement application or has entered into a payment agreement with the collector-treasurer.

5. As used herein, the term "lowest responsible and eligible Bidder” shall mean the Bidder (1) whose

Bid is the lowest of those Bidders possessing the skill, ability and integrity necessary for the faithful performance of the work; (2) who has met all the requirements of the invitation for Bids; (3) who shall certify that he is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed in the work; shall have been determined to be qualified thereunder.

6. Subsequent to the award and within five (5) days, Saturday, Sundays and legal holidays excluded, after the prescribed forms are presented for signature, the successful Bidder shall execute and deliver to the Town a contract in the form included in the Contract Documents in such number of counterparts as the Town may require.

7. In the event that the Town receives low Bids in identical amount from two or more responsive and responsible Bidders, the Town shall select the successful Bidder by a blind selection process chosen by the Town such as flipping a coin or drawing names from a hat. The low Bidders who are under consideration will be invited to attend and observe the selection process.

8. In the event there is a discrepancy in the Bid Form between the unit price written in words and that in figures, the unit price written in words shall govern. The Town of Acushnet reserves the right to waive any non-material informalities and errors in the Bid.

9. The Town of Acushnet, acting by its Town Manager, reserves the right to award the contract, or to reject any and all Bids if it is in the public interest to do so.

10. This contract will be awarded only after funds have been appropriated or otherwise authorized

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ARTICLE 7 - TAXES

1. The Bidder shall not include in this Bid any tax imposed upon the sale or rental of tangible personal property in this Commonwealth, such as any and all building materials, supplies, services and equipment required to complete the work.

2. The Town is exempt from payment of the Massachusetts Sales Tax, and the Bidder shall not include any sales tax on its Bid. The Town’s exemption Number is 04-6001063.

END OF SECTION

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SECTION II: REQUIRED FORMS

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BID FORM

The undersigned proposes to furnish all labor and materials as is required for this contract for buildings owned and operated by the Town of Reading in accordance with the accompanying specifications, requirements, terms and conditions contained herein for the contract price specified.

The Contractor is required to review any related plans, conduct a full site review, and read all the provisions in the document before inserting prices.

The contract will be awarded to the responsive and responsible Bidder offering the lowest contract price for the GRAND TOTAL.

This Bid MUST be signed by authorized individual(s). The Bid must be signed as follows: 1) if the Bidder is an individual, by her/him personally; 2) if the Bidder is a partnership, by the name of the partnership, followed by the signature of each general partner; and 3) if the Bidder is a corporation, by the authorized officer, whose signature must be attested to by the Clerk/Secretary of the corporation and the corporate seal affixed.

The undersigned agrees that he will within seven (7) days, Sundays and holidays excluded, after receipt of a notice of award by the Procurement Office, execute the contract in triplicate, and furnish the required insurance certificates and performance bond, plus a labor and materials bond, as required by the contract documents, the premiums for which are to be paid by the contractor and are included in the contract price.

The undersigned certifies under penalties of perjury that all information contained in the required Bid forms is accurate and complete.

By signing Bid Form, the Bidder confirms compliance with applicable state and federal employment laws or regulations, including Worker’s Compensation Insurance as required by M.G.L. Chapter 152.

Business Name:

Business Address:

Town/State/Zip:

Signed:

(Date)

Printed Name: Title:

F.I.D. #:

Telephone: Fax:

Email address:

Addendums:

Alternates: None

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Unit Price Total

Brief Description of Item With Dollars Dollars

Bid Price in Words and Cents and Cents

NON-HANDWORK

4-inch wide yellow / white paint line, complete in place:

per linear foot (written)

6-inch wide yellow / white paint line, HANDWORK

4-inch wide yellow / white paint line, 6-inch wide yellow / white paint line, 12-inch wide yellow / white paint line, Paint white federal arrows as shown in

Appendix B, complete in place:

per arrowhead (written)

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Brief Description of Item With

Bid Price in Words

Paint 6-foot “R” stencil for railroad crossings

Unit Price

Dollars and Cents

Total

Dollars and Cents per each (written)

Paint 3-foot “STOP” stencil

Paint 8-foot “SCHOOL” stencil, Paint 8-foot “ONLY” stencil, HP stencil on blue field, International Symbol complete in place:

HP stencil on blue field, Alternate Symbol complete in place:

Paint Bike Lane 6-Foot Helmeted Bicyclist Symbol, Unit Price

Dollars and Cents

Total

Dollars and Cents

Paint Bike Lane 6-Foot Arrow, Paint 1ft “POLICE USE ONLY” stencil, With white paint, complete in place:

Paint 2ft “BUSES ONLY” stencil, With white paint, complete in place:

Paint 2 ft “NO PARKING” stencil, With yellow paint, complete in place:

Paint 2 ft “FIRE LANE” stencil, With yellow paint, complete in place:

Unit Price

Dollars and Cents

Total

Dollars and Cents

Curb paint, Paint black out, per square foot (written)

GRAND TOTAL:

(written)

(figures)

LAST PAGE OF BID FORM

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CERTIFICATE OF NON-COLLUSION

The undersigned certifies under penalties of perjury that this Bid or proposal is in all respects bona fide, fair and made without collusion or fraud with any other person. As used in this certification, the word "person" shall mean any natural person, joint venture, partnership, corporation, union, committee, club, or other organization, entity, business, group of individuals or legal entity.

(Name of person signing Bid or proposal)

(Name of business)

CERTIFICATE OF TAX COMPLIANCE

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

Printed name of person signing Bid or proposal

Signature of person signing Bid or proposal

Name of business

*Social Security Number or Federal

Identification Number

Date

*Your social security number may be furnished to the Massachusetts Department of Revenue to determine whether you have met tax filing or tax payment obligations. Providers who fail to correct their non-filing or delinquency will not have a contract or other agreement issued, renewed, or extended.

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LABOR HARMONY AND OSHA TRAINING CERTIFICATION

Pursuant to M.G.L. c. 30, § 39 S (a), I certify under the penalties of perjury:

(1) that I am 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.

Printed name of person signing Bid or proposal

Signature of person signing Bid or proposal

Name of business

Date

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DEBARMENT LETTER

Date:

Contractor Name:

Re: Debarment Letter for Invitation For Bid #

As a potential vendor on the above contract, the Town requires that you provide a debarment/suspension certification indicating that you are in compliance with the below Federal

Executive Order. Certification can be done by completing and signing this form.

Debarment:

Federal Executive Order (E.O.) 12549 “Debarment and Suspension“ requires that all contractors receiving individual awards, using federal funds, and all sub-recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government.

I hereby certify under pains and penalties of perjury that neither I nor any principal(s) of the

Company identified below is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency.

Name:

Company:

Address:

City, State, Zip:

Phone:

Fax:

Signature:

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CERTIFICATE AS TO CORPORATE BIDDER

I, , certify that I am the of the Corporation named as Bidder in the within the Bid

Form: that who signed said Bid Form on behalf of the

Bidder was then of said Corporation, that I know his signature and that his signature thereto is genuine and that said Bid Form was duly signed, sealed and executed for and in behalf of said Corporation by authority of its governing body.

(Corporate Seal)

Signature:

Title:

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Issued March

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.

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.

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QUALIFICATION FORM

All questions must be answered, and the data given must be clear and comprehensive. Please type or print legibly. If necessary, add additional sheet. This information will be utilized by the Town for purposes of determining Bidder responsiveness and responsibility with regard to the requirements and specifications of the

Contract.

1. FIRM NAME:

2. WHEN ORGANIZED:

3 INCORPORATED? YES NO (DATE AND STATE OF INCORPORATION:

4. LIST ALL CONTRACTS CURRENTLY ON HAND, SHOWING CONTRACT AMOUNT AND

ANTICIPATED DATE OFCOMPLETION:

1. Do you have at least five (5) years demonstrated experience performing similar services for municipalities or school districts?

Yes No

2. Do you possess adequate labor, equipment, engineering, and management capabilities to effectively service this contract over the anticipated term, including all renewal options?

3. Have you or your firm ever been terminated on an awarded contract, or have you ever otherwise failed to complete any work awarded?

If “yes,” please describe circumstances below: (Attach a separate sheet of paper if necessary.)

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REFERENCE FORM

Please list the names of three (3) municipalities that you have provided similar services to within the last five

(5) years.

1) Municipality:

Contact Name: Phone:

Address:

Contract Term (e.g. 2018-2024): Total Value: $

2) Municipality:

3) Municipality:

4) Municipality:

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SECTION III: GENERAL TERMS AND CONDITIONS

ARTICLE 1 - DEFINITION OF TERMS

Wherever in these specifications or other contractual documents the following terms, or pronouns in place of them, are used, the intent and meaning shall be interpreted as follows:

A.A.S.H.T.O. The American Association of State Highway and Transportation Officials.

ALTERATION Change in the form or character of any of the work done or to be done.

A.S.T.M. The American Society For Testing Materials.

BIDDER Any individual, firm or corporation submitting a proposal for the work contemplated, acting directly or through a duly authorized representative.

CONTRACT The Written agreement executed between the Town and the Contractor setting forth the obligations of the parties thereunder, including, but not limited to, the performance of the work, the furnishing of labor, and materials, and the basis of payment. The Contract includes the Invitation to

Bid, Instructions for Bidders, Proposal, Contract Agreement, General

Conditions, Bidder’s Qualification Forms, Wage Rates, Specifications, Special Provisions, Performance Bonds, General and Detailed plans, any extra work orders and agreements that are required to complete the

Construction of the work in an acceptable manner, including authorized extensions thereof, all of which constitute one instrument.

DEPARTMENT The Department of Public Works of the Town of Reading, Massachusetts.

DIRECTOR The Director of the Department of Public Works acting directly or through an authorized representative, such representative acting within the scope of the particular duties entrusted to him.

ENGINEER Authorized agent or officer.

EXTRA WORK Work which:

a. was not originally anticipated and/or contained in the contract; and therefore

b. is determined by the Director to be necessary for the proper completion of the project; and

c. bears a reasonable subsidiary relation to the full execution of the work originally described in the contract.

LAYOUT See Right-of-Way.

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LOCATION See Right-of-Way.

MATERIAL Any substance proposed to be used in connection with the construction of any integral part and/or any appurtenant part and/or any incidental part of the proposed project.

OWNER The Town of Acushnet, Massachusetts, acting by and through its Town

Manager

PLANS The contract drawings, Town Standards, Detail sheets, or exact reproductions thereof, which show the location, character, dimension and details of the work including any alterations thereof permissible under the contract and authorized by duly approved written orders.

PREMISES Town property and anything left on it.

PROPOSAL The written offer of the Bidder submitted in approved form to perform the work contemplated.

REFERENCE Where reference is made in the Contractual documents, Publications and

Standards issued by associations or Societies, the intent shall be to specify the current edition of such Publications or Standards (including tentative revisions) in effect on the date of the contract advertisement, notwithstanding any reference to a particular date.

RIGHT-OF-WAY That area which has been laid out or acquired for the purposes of the proposed contractual project.

SHALL “Shall” is mandatory; “may” is permissive.

SPECIAL PROVISIONS The special directions, provisions and requirements prepared to cover proposed work not satisfactorily provided for by the specifications. These special provisions shall be included within the general term "Specifications" and shall be made a part of the contract with the express purpose that they shall prevail over all other specifications.

SPECIFICATION The directions, provisions and requirements contained herein, together with all written agreements made or to be made pertaining to the method and manner of performing the work, or the quantities and quantities of materials to be furnished under the contract.

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THE WORDS "As directed", "as permitted", "as required" or words of like effect shall mean that the direction, permission or requirement of the Director is intended, and similarly the words "approved", "acceptable", "satisfactory", or words of like import shall mean approved by or acceptable or satisfactory to the Director, unless otherwise provided herein. The words "necessary", "suitable", "equal" or words of like import shall mean necessary, suitable or equal in the opinion of the Director.

TOWN The Town of Reading, Massachusetts.

WORK All performance, including the furnishing of materials, labor, tools, equipment and incidentals, required of the Contractor under the terms of the contract.

The words "complete in place" shall mean the inclusion of all work, including incidentals, mentioned or implied in the Specifications and on the plans, or work that may reasonably be inferred as necessary to the proper execution of the item, unless payment for any portion of the work is otherwise specifically provided for.

ARTICLE 2 - INSPECTION AND TESTING

The Director and his agents will keep close watch over the progress of the work. They shall have access to the work, and be allowed to inspect it.

The Director and his agents reserve the right to inspect or check any of the work, and the

Contractor shall not claim added compensation for any delay occasioned by the Director exercising this right, nor for any corrective work which the Director orders as the result of the

Contractor's errors. The Contractor shall be responsible for preserving the control points provided by the Engineer throughout the life of the project, and shall accurately replace any such point, which is damaged or moved at his own expense.

All materials and equipment used in the construction of the project shall be subject to adequate inspection and testing in accordance with accepted standards. The laboratory or inspection agency shall be selected by the Owner. The Owner will pay for all laboratory inspection service direct, and not as part of the contract, unless otherwise expressly provided for in the General

Conditions or in the Special Provisions.

Materials of construction, particularly those upon which the strength and durability of the structure may depend, shall be subject to inspection and testing to establish for uses intended.

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ARTICLE 3 - PROTECTION OF ABUTTING PROPERTIES

The Contractor shall be responsible for protecting his own work and all nearby abutting properties from damage resulting from his performance of the contact. He shall pay particular attention to trees, shrubs, lawns, steps, walks, etc. abutting the work and shall save them from damage and harm. If, through negligence or carelessness, the contractor damages such trees, shrubs, etc., an amount equal to the damage done shall be deducted from his payment. Such reduction shall be determined by the Director and shall be final and binding.

The contractor is responsible to see that his equipment, tools, materials, and men shall not be placed on or allowed to overrun onto abutting private properties.

ARTICLE 4 - PERMITS

Unless specifically excluded from the contract documents, the Contractor shall obtain all required permits, licenses, certificates and inspections, both permanent and temporary, and shall make all necessary arrangements with Utility Companies to properly prosecute the work, and shall send all notices to Utilities as are required by the General Laws of Massachusetts. Any permits required by the Town of Reading related to this Contract shall be waived.

ARTICLE 5 - CHANGES IN THE WORK

The Town, without invalidating the contract, may order extra work or make changes by altering, adding to, or deducting from the work and the contract sum shall be adjusted accordingly. All such work shall be executed under conditions of the original contract except that any claim for extension of time caused thereby shall be adjusted at the time of ordering such change.

In giving instruction, the Director shall have authority to make minor changes in the work not involving extra cost and not inconsistent with the purposes of the work, but otherwise no extra work or change shall be made unless in pursuance of written order signed by the Director and no claim for an addition to the contract sum shall be valid unless so ordered.

ARTICLE 6 - CORRECTION OF WORK AFTER FINAL PAYMENTS

Neither the final certificate, nor payments, nor any provision in the contract shall relieve the

Contractor of responsibility for faulty materials or workmanship, any defects, omissions or mistake of the Contractor or his employees, and he shall remedy any defects due thereto, and pay for any damage to any work resulting therefrom, which shall appear within a period of one (1) year from the date of successful completion.

ARTICLE 7 - MATERIAL HANDLING, STORAGE AND CLEANUP

The Contractor shall, at his own expense, handle and haul all materials furnished by him and shall remove any of his surplus materials at the completion of the work. The Contractor shall provide suitable and adequate storage for equipment and materials furnished by him that are liable to injury and shall be responsible for any loss of or damage to any equipment or materials

Page | 24 by theft, breakage, or otherwise. The Contractor shall be responsible for all damage to the work under construction during its progress and until final completion and acceptance even though partial payments have been made under the Contract. Unless permission to close the street is received in writing from proper authority, all excavated material shall be placed so that vehicular and pedestrian traffic may be maintained at all times.

The Contractor expressly undertakes at his own expense:

a. to take every precaution against injuries to persons or damage to property;

b. to store his apparatus, materials, supplies and equipment in such orderly fashion at the site of the work as will not unduly interfere with the progress of his work or the work of any other contractors;

c. to place upon the work or any part thereof only such loads as are consistent with the safety of that portion of the work;

d. to clean up frequently all refuse, rubbish, scrap materials and debris caused by his operations, to the end that at all times the site of the work shall present a neat, orderly and workmanlike appearance;

e. before final payment to remove all surplus material, falsework, temporary structures, including foundations thereof, plant of any description and debris of every nature resulting from his operations, and to put the site in a neat, orderly condition; and

f. to affect all cutting, fitting or patching of his work required to make the same to conform to the plans and specifications and, except with the consent of the Engineer, not to cut or otherwise alter the work of any other Contractor.

The Contractor shall at all times keep the adjacent properties free from an accumulation of waste material or rubbish caused by his employees or work, and at the completion of the work he shall remove all rubbish, tools, equipment and materials from the adjacent properties and highways and shall leave his work "Broom Clean".

ARTICLE 8 - RESIDENT ENGINEER

The Contractor shall designate an employee to act as resident engineer at the site of the work and shall have full authority to act for the Contractor. It is understood that such representative shall be acceptable to the Engineer and shall be one who can be continued in that capacity for the particular job involved unless he ceases to be on the Contractor's payroll.

ARTICLE 9 - COMPETENCY OF BIDDER

The contract will be awarded only to a responsible qualified Bidder who is capable of performing and is experienced at the type of work entailed. Only reputable established companies will be accepted as responsible Bidders. The low Bidder will be required to show

Page | 25 proof that he has sufficient equipment, equipment operators and a sufficient number of qualified and experienced employees to properly and efficiently accomplish the proposed work. He shall also furnish proof of his financial ability to start, operate and complete the work.

ARTICLE 10 - POLICE EMPLOYED

The use of police officers must be approved by the Director. The Town will provide police officers only when said use is specifically approved by the Director. Payment of police details will be paid directly by the Town to the Police Department.

ARTICLE 11 - SURVEY INFORMATION

The Engineer will furnish basic information pertaining to layouts, bench marks, etc. sufficient for controlling the location and grades of the work. The Contractor shall, at his own expense, furnish all necessary equipment, personnel, stakes, etc. and shall lay out the work in detail, as required, including lines and grades as necessary in each instance. All reference marks shall be verified by an instrument at frequent intervals and the Contractor shall be responsible for the accuracy of all lines and grades relative to the project.

The Contractor shall be responsible for the correct location and elevation of all components of the project as shown on the Contract Drawings.

ARTICLE 12 - USE OF EXPLOSIVES

When the use of explosives is necessary for the execution of the work, the Contractor shall observe the utmost care not to endanger life and property, and whenever directed, the number and size of the charges shall be reduced. All explosives shall be stored in a secure manner and all such storage places shall be clearly marked "DANGEROUS EXPLOSIVES" and shall be in the care of competent watchmen at all times.

The use of explosives will be limited to between the hours of 9:00 A.M. to 3:30 P.M. unless express permission in writing is received from the Engineer. The method of storage, use, and handling explosives and highly inflammable materials shall conform with all State Laws and regulations pertaining thereto. The Contractor shall obtain all necessary permits relating to the storage and uses of explosives.

ARTICLE 13 - BARRICADES, WARNING SIGNS AND TRAFFIC CONTROL

All roadways on which work is being accomplished shall be kept open to local traffic at all times except when specified detours are authorized, in writing, by the Director. It shall be the contractor's responsibility to provide detour signs, as directed by the Engineer and or

Police Department, that are clearly readable and permanent insofar as the duration of the work on each street concerned. The contractor shall leave the site accessible from either end as to allow access for fire department vehicles and residents. He shall also notify the police and fire departments at the close of each working day as to his location and area conditions.

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The Contractor shall, at all times, provide, place and erect all necessary barricades and warning signs and furnish and keep lighted all lights necessary to protect the work from traffic, pedestrians and animals. He shall also furnish at his own expense a sufficient number of watchmen at all times to protect the work.

All open excavations shall be adequately safeguarded by providing the necessary temporary barricades, caution signs, lights and other means to prevent accidents to persons, and damage to property. The Contractor shall, at his own expense, provide suitable and safe means for completely covering all open excavations and for accommodating travel when work is not in progress. Bridges provided for access to private property during construction shall be removed when no longer required. The length of open trench will be controlled by the particular surrounding conditions but shall always be confined to the limits prescribed by the Engineer. If the excavation becomes a hazard, or if it excessively restricts traffic at any point, special construction procedures such as limiting the length of open trench, prohibiting stacking excavated material in the street, backfilling, and or restricting working hours shall be taken as specified by the Engineer.

The Contractor shall be held responsible for all damage to the work due to any failure of signs and barricades to protect the work properly from traffic, pedestrians, animals or other causes.

ARTICLE 14 - AUTHORITY AND DUTIES OF DIRECTOR’S ASSISTANTS

The Director may appoint such assistants and representatives as he deems necessary and they shall be authorized to inspect work and materials, to give directions pertaining to the work or the safety and convenience of the public, to approve or reject materials and workmanship, to make measurements of quantities and to perform such other duties as may be designated by the

Director.

In case of any dispute arising between the Contractor and the Director's assistants, as to materials furnished or the manner of performing the work, the Director's assistants shall have the authority to reject the materials or to suspend the work until the question at issue can be referred to and decided by the Director.

Director's assistants are not authorized to revoke, alter, enlarge, relax, or release any requirements of the contract and specifications, nor to issue any instructions contrary to the plans and specifications. They shall in no case act as foreman for or perform other duties for the

Contractor.

ARTICLE 15 - SUBLETTING OR ASSIGNMENT OF CONTRACT

The Contractor shall give his personal attention constantly to the faithful execution of the work, shall keep the same under his personal control, and shall not assign by power of attorney or otherwise or sublet the work or any part thereof without the previous written consent of the

Owner and shall not either legally or equitably assign any of the moneys payable under this agreement, or his claim thereto, unless by and with the written consent of the Owner. He shall be

Page | 27 responsible for the acts and omissions of his subcontractors, if any, and of all persons directly or indirectly employed by him or them in connection with the work.

The Contractor shall notify the Director, as soon as practicable after the execution of the contract, the name and address of each subcontractor, his duties, and such other information the

Director may require in order to ascertain whether the subcontractor is reliable and able to perform the work.

The Owner will make a periodic pay estimate for the Contractor only, regardless of the fact that the Contractor employs one or more subcontractors. It shall be the Contractor's responsibility to determine the amount of work that is payable to his subcontractors and the Town frees itself of all such responsibility.

ARTICLE 16 - TEMPORARY SUSPENSION OF WORK

The Director shall have the authority to suspend the work wholly or any part thereof, for such period as he may deem necessary, because of unsuitable weather conditions, for the safety and convenience of the public, or for such other causes as are considered unfavorable for the satisfactory completion of the work, or for such time as he may deem necessary due to the failure of the contractor to carry out orders given or to perform any provision of the contract. The work shall be resumed when conditions so warrant or deficiencies have been corrected and the conditions of the contract satisfied as ordered or approved by the Director.

ARTICLE 17 - MEASUREMENT OF QUANTITIES

The quantities of the various items of work performed shall be determined by the Director.

Upon the completion of the work and before final payment is made the Director will make final measurement to determine the quantities of the various items of work performed, as the basis for final settlement. All measurements shall be made according to the United States Standard units of measurement.

ARTICLE 18 - WORK WEEK

It is intended that the Contractor will accomplish work of this contract beginning at the hour of

8:00 P.M. and working up to 6:00 A.M, Mondays through Saturdays (but specifically excluding designated Town Holidays, and Sundays). Work may be accomplished at other hours and on

Sundays with mutual agreement between the Owner and the Contractor.

ARTICLE 19 - ESTIMATES AND PAYMENTS

Estimates upon work done, which is of such a nature or so situated as to be for any reason still in danger of injury or failure, may be withheld until the next estimate after the work is in a satisfactory condition. In preparing estimates the material delivered on the site may be taken into consideration.

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Payments for units of construction will not be made until the whole process of construction as described herein has been completed.

ARTICLE 20 - PROTECTION OF UTILITIES

The Contractor shall exercise extreme care during excavation of trenches so that utilities, underground or overhead, shall not be damaged. Utilities shall include wires, pipes, poles, manholes, catch basins, conduits and allied items. When any utility is clearly shown on the plan or clearly identified in the field, the Contractor shall assume full responsibility for the damages and shall pay for or repair all damages thereto however made to the satisfaction of the agency having jurisdiction.

ARTICLE 21 - CONSTRUCTION MACHINERY

Construction machinery used shall be of such kind and used in such a manner and in such locations as not to unnecessarily injure road surfaces, fences, poles, trees, shrubs, buildings, walks, pipes, conduits, cables, wires, catch basins, manholes, etc.

The Contractor shall use a small type construction machinery where the physical aspects of the site do not provide sufficient room for maneuvering a larger machine in a normal manner without damage to abutting properties.

ARTICLE 22 - DAMAGE SUITS AND CLAIMS

The Contractor shall compensate the Owner for all damages to its property of any nature arising out of the Contractor's work; and the Contractor shall indemnify, defend and hold harmless the

Owner and the Engineer and their agents and employees against all suits, claims or liability of every name and nature and from all claims for things which the Contractor is required to furnish under this contract and for or on account of any injuries to persons or damage to property or nuisances or trespasses, and specifically including death and consequential damages, arising out of or in consequence of the acts of the Contractor in the performance of the work covered by the

Contract or failure to comply with the terms and conditions of the Contract, whether by the

Contractor or his agents, employees, or subcontractors, and whether or not such claims, demands, suits, or proceedings are just, unjust, groundless, false or fraudulent; and the

Contractor shall and does hereby assume and agrees to pay for the defense of all such claims, demands, suits and proceedings. This section shall apply to "Extra Work" and all other operations by the Contractor in connection with this Contract.

ARTICLE 23 - WEATHER CONDITIONS

In the event of temporary suspension of work, or during inclement weather, or whenever the

Engineer shall direct, the Contractor will, and will cause his Subcontractors to protect carefully his and their work and materials against damage or injury from the weather. If, in the opinion of the Engineer, any work or materials have been damaged or injured by reason of failure on the part of the Contractor or his Subcontractors to protect his or their work, such materials shall be removed and replaced at the expense of the Contractor.

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ARTICLE 24 - REJECTED MATERIALS AND DEFECTIVE WORK

Materials furnished by the Contractor and condemned by the Engineer as unsuitable or not in conformity with the specifications shall be forthwith removed from the work by the Contractor, and shall not be made use of elsewhere in the work. Any errors, defects or omissions in the execution of the work or in the materials furnished by the Contractor, even though they may have been passed or overlooked or have appeared after the completion of the work, discovered at any time before the final payment is made hereunder, shall be forthwith rectified and made good by and at the expense of the Contractor and in a manner satisfactory to the Engineer. The

Contractor shall reimburse the Owner for any expense, losses or damages incurred in consequence of any defect, error, omission or act of the Contractor or his employees, as determined by the Engineer, occurring previous to the final payment.

ARTICLE 25 - SANITARY REGULATIONS

Sanitary conveniences for the use of all persons employed on the work, properly screened from public observation, shall be provided in sufficient numbers in such manner and at such locations as may be approved. The contents shall be removed and disposed of in a satisfactory manner as the occasion requires. The Contractor shall rigorously prohibit nuisances within, on or about the work. Any employees found violating these provisions shall be discharged and not again employed on the work without the written consent of the Engineer. The sanitary conveniences specified above shall be the obligation and responsibility of the Contractor.

ARTICLE 26 - MAINTENANCE OF DRAINAGE FACILITIES

All existing drainage facilities including, but not limited to, brooks, streams, canals, channels, ditches, culverts, catch basins and drainage piping shall be adequately safeguarded so as not to impede drainage in any manner whatsoever. The Contractor will ensure that no obstruction to, siltation of, or discharge of wastewater into existing drainage facilities occurs. If the Contractor damages or impairs through circumstances beyond his control any of the aforesaid drainage facilities, he shall repair the same within the same day.

ARTICLE 27 - IMPLICATION OF THE WORDS "APPROVED EQUAL" OR

"APPROVED SUBSTITUTE"

The use of the words "Approved Equal" or "Approved Substitute" following the name of any manufacturer, vendor or proprietary product shall be understood to mean that articles or materials may be substituted which, in the opinion of the Director, are equal in quality, durability, appearance, strength, design and performance to the articles or materials named or described and will perform adequately in providing a first-class facility. If articles or materials are accepted as equal to those on which dimensions on the drawings are based, any dimensional variance from those shown and/or specified shall be shown on the shop drawings prepared by the

Contractor, illustrating the manner in which conformity to dimensions and design is to be obtained. All such drawings shall be subject to the approval of the Director and the installation of the article shall not proceed without first obtaining said approval.

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ARTICLE 28 - WATER FOR CONSTRUCTION PURPOSES

In locations where water is in sufficient supply, the Contractor may be allowed to use water for construction purposes. The express approval of the Owner shall be obtained before water is used. Waste of water by the Contractor shall be sufficient cause for withdrawing the privilege of unrestricted use.

ARTICLE 29 - PROTECTION OF LIVES AND HEALTH

In order to protect the lives and health of his employees under this contract, the Contractor shall comply with the United States Department of Labor Occupational Safety and Health Act and all amendments thereto, all state regulations, and pertinent provisions of the "Manual of Accident

Prevention in Construction" issued by the…