The City of Waltham

Invites Interested Parties

To propose the best offer and or bid For the service or product herewith described:

GREEN INFRASTRUCTURE RETROFIT PROJECT

AT EMBASSY PARKING GARAGE

GENERAL BIDS DUE: Wednesday August 19th, 2026 at 10:00AM

PRE-BID ZOOM: Friday July 31st, 2026 at 10:00AM

LAST DAY WRITTEN QUESTIONS: Monday August 10th, 2026 at 12:00PM

(To cphilpott@city.waltham.ma.us)

TABLE OF CONTENTS

DIVISION 0 - BIDDING AND CONTRACT REQUIREMENTS

Section Title Page

00010 Invitation to Bid 00010-1 00100 00300

Instructions and Information for Bidders Bid Form

00100-1 00300-1

00400 Compliance Docs and Federal Provisions 00400-1 00500 Agreement 00500-1 00700 General Conditions 00700-1 00810 Supplemental Conditions 00810-1 00811 Monthly Price Adjustment for Hot Mix

Asphalt 00811-1

00812 Monthly Price Adjustment for Diesel Fuel and Gasoline

00812-1

00813 Price Adjustment for structural Steel and Reinforcing Steel

00813-1

00814 Price Adjustment for Portland Cement Concrete Mix

00814-1

00815 Base Prices 00815-1 00820 Additional Articles, State Rates and Forms 00820-1 00821 Permits 00821-1

DIVISION 1 - GENERAL REQUIREMENTS

01010 Summary of Work 01010-1 01024 Measurement and Payment 01024-1 01045 Cutting, Coring and Patching 01045-1 01046 Control of Work 01046-1 01050 Coordination 01050-1 01080 Abbreviations and Definitions 01080-1 01105 Rodent Control 01105-1 01110 Environmental Protection 01110-1 01170 Special Provisions 01170-1 01200 Project Meetings 01200-1 01300 Submittals 01300-1 01310 Construction Schedules 01310-1 01320 Safety and Health Plan 01320-1 01370 Schedule of Values 01370-1 01380 Construction Photographs 01380-1 01400 Quality Assurance 01400-1 01500 Temporary Facilities and Control 01500-1 01560 Tree Protection and Tree Trimming 01560-1 01562 Dust Control 01562-1 01570 Traffic Regulation 01570-1

01576 Policing 01576-1 01601 Control of Materials 01601-1 01710 Contract Closeout 01710-1 01720 Project Record Documents 01720-1

DIVISION 2 - SITE WORK

02020 Erosion & Sediment Control 02020-1 02050 Demolition 02050-1 02100 Site Preparation 02100-1 02101 Site Investigation 02101-1 02112 AC Pipe 02112-1 02140 Dewatering and Drainage 02140-1 02200 Earthwork 02200-1 02212 Rock Excavation 02212-1 02221 Trenching, Backfilling and Compacting 02221-1 02222 Clearing and Grubbing 02222-1 02240 Bioretention Soil 02240-1 02273 Geotextile Fabrics 02273-1 02453 Traffic Signs 02453-1 02510 Hot Mix Asphalt Pavement 02510-1 02515 Concrete Sidewalks, Walkways and Driveway

Aprons 02515-1

02525 Curb 02525-1 02576 Pavement Repair and Resurfacing 02576-1 02577 Pavement Markings 02577-1 02609 Reinforced-Concrete Drain Pipe 02609-1 02611 Stormwater Infiltration System 02611-1 02628 Connections to Existing Facilities 02628-1 02650 Buried Utility Markings 02650-1 02721 Storm Drainage System 02721-1 02900 Landscaping 02900-1 02901 Miscellaneous Work and Cleanup 02901-1 02950 Planting 02950-1

DIVISION 3 - CONCRETE

03300 Cast-In-Place Concrete 03300-1 03600

Grout

03600-1

ATTACHMENTS

ATTACHMENT A – DESIGN DRAWINGS

ATTACHMENT B- CONSTRUCTION STANDARD DETAILS

ATTACHMENT C- ORDER OF CONDITIONS

SECTION 00 10 00 –

INSTRUCTION TO BIDDERS

00100 - 1

SECTION 00100 - INSTRUCTION TO BIDDERS

PART 1 - GENERAL

1.01 SCHEDULE OF DATES

A. Advertisement appears in Central Register, Plans and Specifications ready for Bidders at https://ma-waltham.civicplus.com/bids.aspx

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

C. General Bids Deadline: 10.00 A.M. Wednesday August 19th, 2026 in the

Purchasing Department, City Hall, 610 Main Street, Waltham, MA 02452, Attn:

Purchasing Agent, where the bids will be open and read via ZOOM. See the City’s website for meeting information.

D. Pre-Bid Briefing: Will be held via ZOOM at 10:00 A.M. Friday July 31st, 2026. The meeting log in information will be posted on our website.

E. Last Day for Questions: 12:00 P.M. Monday August 10th, 2026. Emailed to cphilpott@city.waltham.ma.us.

1.02 BIDDING PROCEDURE

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

B. All bidders shall be pre-qualified by MassDOT.

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

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

00100 - 2

1.03 WITHDRAWAL OF BIDS

A. Bids may be withdrawn prior to the time respectively established for the opening of General Bids only on written request to the Awarding Authority.

1.04 INTERPRETATION OF CONTRACT DOCUMENTS

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

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

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

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

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

1.05 EXAMINATION OF SITE AND CONTRACT DOCUMENTS

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

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

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

1.06 BID SECURITY

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

mailto:jpedulla@city.waltham.ma.us

00100 - 3

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

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

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

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

E. Should any General Bidder to whom an award is made fail to enter into a contract therefore within five (5) days, Saturdays, Sundays and Legal Holidays, excluded, after notice of award has been mailed to him or fail within such time to furnish a Performance Bond and also a Labor and Materials or Payment Bond as required, the amount so received from such General Bidder through his Bid Bond, Certified, Treasurer’s or Cashier’s check as bid deposit shall become the property of the City of Waltham, Massachusetts as liquidated damages; provided that the amount of the bid deposit, which becomes the property of the City of Waltham, Massachusetts, shall not in any event exceed the difference between his bid price and the bid price of the next lowest responsible and eligible bidder; and provided further that, in case of death, disability, bona fide clerical error or mechanical error of a substantial nature, or other unforeseen circumstances affecting the General Bidder, his deposit shall be returned to him.

1.07 BID FORM

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

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

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

1.08 SUBMISSION OF BIDS AND BID SECURITIES

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

(Firm Name):

Green Infrastructure Retrofit at Embassy Garage, 2026

00100 - 4

1.09 AWARD OF CONTRACT

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

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

C. The words “lowest responsible and eligible bidder” shall be the bidder whose name is the lowest of those bidders possessing the skill, ability and integrity necessary for the faithful performance of the work and who shall certify that he is able to furnish labor that can work in harmony with all other elements of labor employed, or to be employed, on the work. Essential information in regard to such qualifications shall be submitted in such form as the Awarding Authority may require.

1.10 SECURITY FOR FAITHFUL PERFORMANCE

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

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

Contract Price.

1.11 EQUAL OPPORTUNITY

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

1.12 PRE-BID MEETING

Virtual Pre-Bid Meeting will be held via Zoom Friday July 31st 2026 at 10:00AM. See the City of Waltham’s website for details. https://ma-waltham.civicplus.com/bids.aspx

00100 - 5

1.13 CONTRACT DOCUMENTS

A. The Awarding Authority shall make available the bid documents and addenda in the City Web site at https://ma-waltham.civicplus.com/bids.aspx No plans will be mailed.

1.14 EQUALITY

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

1.15 TAX FREE NUMBER

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

1.16 SCHEDULE

A. The work of the Contract shall be Complete in 270 calendar days after the date of the Notice-to-Proceed and not including weather-related shut-downs.

All work except for milling and paving shall be completed by November 15th, 2026.

1.17 INTENTIONALLY LEFT BLANK

00100 - 6

1.18 WEEKLY JOB MEETINGS

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

1.19 PROJECT SUPERINTENDENT

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

1.20 AWARD

A. The Awarding Authority reserves the right to reject any or all bids if it be in the public interest to do so, and to act upon the bids and make its award in any lawful manner. An award shall be made no less than 90 days from the Bid Opening Date. The City has the right to only award part of this Bid based on Funding. Intersections will be selected and identified to Awarded Contractor.

1.21 PREVAILING WAGE SCHEDULE

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

Commissioner of Labor and Industries, pursuant to the provision of the Massachusetts General Laws. The Prevailing wage Schedule for this project can be found in the City’s web Site at https://ma-waltham.civicplus.com/bids.aspx

1.22 CONFLICT OF INTEREST

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

1.23 PROCEED ORDERS

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

1.24 INTENTIONALLY LEFT BLANK

1.25 COMPLIANCE WITH MASSACHUSETTS GENERAL LAWS

00100 - 7

A. Pursuant to Massachusetts General Laws, Chapter 62C, Section 49A, I certify under the penalty of perjury that I, to the best of my knowledge and belief have filed all state tax returns and paid all the state taxes required under law.

1.26 CONSTRUCTION BARRICADES

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

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

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

3. Provide entrance protection.

1.27 INSURANCE

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

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

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

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

2. Comprehensive General Liability Insurance

00100 - 8

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

a. Public liability (bodily injury and property damage)

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

c. Independent contractor’s protective liability.

d. Products and completed operations.

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

10.11 of the GENERAL CONDITIONS.

3. Comprehensive All Risk Motor Vehicle Liability Insurance

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

4. All Risk Insurance

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

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

Property Damage Limit of $ 1,000,000.

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

1.28 SITE ACCESS

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

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

1.29 CONSTRUCTION TRAILER

A. The General Contractor shall locate the construction trailer at locations approved by the

Owner.

B. The General Contractor shall locate all on site stored or staged materials within the enclosed area designated by the Owner.

1.30 INTENTIONALLY LEFT BLANK

1.31 COMPLETE BID FORMS

00100 - 9

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

2.00 FUNDS APPROPRIATION and LOAN AUTHORIZATION.

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

APPROPRIATION OF MONIES FROM THE GOVERNMENTAL BODY AND AUTHORIZATION

BY THE MAYOR.

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

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

Signature of Individual or Corporate Name

By:

(Signature of Corporate Officer if applicable)

Title:

Social Security Number or Federal Identification Number:

END OF SECTION

BID FORM

00300-1

SECTION 00300

BID FORM

To the City of Waltham, Massachusetts, acting through its Mayor:

The Undersigned, as Bidder, declares as follows:

The only parties interested in this BID as Principals are named herein;

this BID is made without collusion with any other person, firm, or corporation;

no officer, agent, or employee of the Owner is directly or indirectly interested in this BID;

the Bidder has carefully examined the site of the proposed Work and fully informed and satisfied himself as to the conditions there existing, the character and requirements of the proposed Work, the difficulties attendant upon its execution and the accuracy of all estimated quantities stated in this BID, and has carefully read and examined the Drawings, the annexed proposed AGREEMENT and the Specifications and other Contract Documents therein referred to and knows and understands the terms and provisions thereof;

understands that information relative to subsurface and other conditions, natural phenomena, existing pipes and other structures (surface and/or subsurface) has been furnished only for his information and convenience without any warranty or guarantee, expressed or implied, that the subsurface and/or other conditions, natural phenomena, existing pipes and other structures (surface and/or subsurface) actually encountered will be the same as those shown on the Drawings or in any of the other Contract Documents and agrees that the Bidder shall not use or be entitled to use any such information made available to him through the Contract Documents or otherwise or obtained by him in his own examination of the site, as a basis of or ground for any claim against the Owner or the Engineer arising from or by reason of any variance which may exist between the aforesaid information made available to or acquired by him and the subsurface and/or other conditions, natural phenomena, existing pipes and other structures (surface and/or subsurface) actually encountered during the construction work, and has made due allowance therefore in this BID;

and the Bidder understands that the quantities of work tabulated in this BID or indicated on the Drawings or in the Specifications or other Contract Documents are only approximate and are subject to increase or decrease as deemed necessary by the Engineer;

and agrees that, if this is accepted will contract with the Owner, as provided the copy of the Contract Documents deposited in the office of the Engineer, this BID form being part of said Documents, that the will perform all work and all the materials and equipment, and provide all labor, services, plant, machinery, apparatus, appliances, tools, supplies all other required by Contract Documents the manner within the therein prescribed according to the requirements the

Engineer as therein set forth, and that the Bidder will take in full payment therefore the lump sum or unit price applicable to each item of the Work as stated in the following schedule:

00300-2

Bidders must bid on each item of the Base Bid. All entries in the entire BID must be made clearly and in ink; prices bid must be written in both words and figures. In case of discrepancy, the amount shown in words will govern.

Bidders shall insert extended item prices obtained from quantities and unit prices. In case of discrepancy between the product obtained by multiplying the estimated quantity by the unit price, the actual product shall apply. In case of discrepancy between the sum of the total figure of the items and the total amount listed, the actual sum shall apply.

Receipt of Addenda numbered to , inclusive, is acknowledged.

(Bidder)

(by)

(Title)

00300-3

BASE BID

Green Infrastructure Retrofit Project – Embassy Parking Garage

Refer to Section 01024 - Measurement and Payment for Item Descriptions. The work of the General Bidder, all work being covered by items 1 through 33, inclusive.

Item No.

Item Description Unit Price in Words

Units Estimated Quantity

Unit Price (In Figures)

Extended Amount (In Figures)

1 Mobilization and Demobilization

Dollars and Cents LS 1 2 Traffic Management

Dollars and Cents LS 1 3 Test Pits *

Dollars and Cents CY 50 4 Rock Excavation *

Dollars and Cents CY 50 5 Storm Drain Piping (12" RCP), & Appurtenances

Dollars and Cents LF 275 6 Catch Basin Lateral Piping (12" RCP)

Dollars and Cents LF 30 7 Catch Basin Hood

Dollars and Cents EA 2 8 5-foot Diameter Precast Concrete Drain Manhole

Dollars and Cents EA 1 9 4-foot Diameter Precast Concrete Drain Manhole

Dollars and Cents EA 2 10 Cutting, Coring and Patching for 12” RCP

Dollars and Cents EA 3 11 Unclassified Excavation *

Dollars and Cents CY 25 12 Gravel Borrow or Normal Backfill*

Dollars and Cents CY 25 13 Controlled Density Fill*

Dollars and Cents CY 25 14 Crushed Stone*

Dollars and Cents CY 25

00300-4

15 Gravel Subbase – M 1.03.1

Dollars and Cents CY 100 16 Dense Graded Crushed Stone Base – M 2.01.7

Dollars and Cents CY 50 17 Bituminous Concrete Binder Course – 19.00 MM

SuperPave, 2.5” Thick

Dollars and Cents TON 70 18 Bituminous Concrete Wearing Course – 9.5 MM

Superpave, 1.5” Thick

Dollars and Cents TON 100 19 Remove and Reset Existing Granite Curb

Dollars and Cents LF 50 20 Install Bioretention System “A”

Dollars and Cents LS 1 21 Install Bioretention System “B”

Dollars and Cents LS 1 22 Install Bioretention System “C”

Dollars and Cents LS 1 23 Concrete Sidewalks and Pedestrian Curb Ramps

Dollars and Cents SY 120 24 4 Inch Reflectorized White Line Thermoplastic

(MassDOT 866.040)

Dollars and Cents LF 300 25 4 Inch Reflectorized Yellow Line Thermoplastic

(MassDOT 867.040)

Dollars and Cents LF 100 26 Infiltration System

Dollars and Cents LS 1 27 Grading, Loam and Seed

Dollars and Cents LS 1 28 Police Detail Allowance

Dollars and Cents $36,000 29 Miscellaneous Work and Cleanup

Dollars and Cents LS 1 30 Erosion and Sedimentation Control

Dollars and Cents LS 1 31 Rodent Control

Dollars and Cents LS 1

00300-5

32 As-Built Documents

Dollars and Cents

LS 1

33 Removal and Disposal of AC Pipe (all sizes)*

Dollars and Cents

LF 100

* Indeterminate Quantities

TOTAL FOR BASE BID

Total Amount of Base Bid (Basis of Award) (Items 1 through 33 inclusive).

(Amount in figures)

(Amount in words)

The bidder understands that the Owner reserves the right to reject any and all bids and to waive any informality in the bidding.

The undersigned agrees that for extra work, if any, will be performed in accordance with Article 10 of the General Conditions of the Contract and will be paid for in accordance with Article 11 of the General Conditions of the Contract.

The bid security accompanying this BID shall be in the amount of 5 percent of the BID payable to the City of Waltham.

The time for completion of this contract is 270 calendar days. All work except for milling and paving shall be completed by November 15, 2026. Liquidated damages specified in this contract are $1,000 per day for each calendar day beyond the contract completion date that work remains uncompleted.

Bids shall be valid for ninety (90) days and cannot be withdrawn until after the 90-day period has expired.

The undersigned agrees that if the Owner accepts this BID, the bidder will duly execute and acknowledge the AGREEMENT and furnish, duly executed and acknowledged, the required CONTRACT BONDS within ten (10) days, Saturdays, Sundays, and legal holidays excluded, after notification that the AGREEMENT and other Contract Documents are ready for signature.

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

Should the bidder fail to fulfill any of his agreements as hereinabove set forth, the Owner shall have the right to retain as liquidated damages the amount of the bid check or cash which shall become the Owner's property. If a bid bond was given, it is agreed that the amount thereof shall be paid as liquidated damages to the Owner by the Surety.

The bidder, by submittal of this BID, agrees with the Owner that the amount of the bid security deposited with this BID fairly and reasonably represents the amount of damages the Owner will suffer due to the failure of the bidder to fulfill his agreements as above provided.

The undersigned further certifies under penalty of perjury that the said undersigned is not presently debarred from doing public construction work in the Commonwealth under the provisions of Section Twenty-Nine F of Chapter Twenty-Nine, or any other applicable debarment provisions of any other chapter of the General Laws or any rule or regulation promulgated thereunder.

Pursuant to M.G.L. Ch. 62C, sec. 49A, I certify under the penalties of perjury that I, to my best knowledge and belief, have filed all state tax returns and paid all state taxes required under law.

The undersigned hereby certifies that he is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed on the work and that he will comply fully with all laws and regulations applicable to awards made subject to MOL Ch. 30, Section 39M. The bidding and award of the contract will be in full compliance with Section 39M inclusive of Chapter 30 of the General Laws of the Commonwealth of Massachusetts as last revised.

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

00300-6

00300-7 any natural person, joint venture, partnership, corporation or other business or legal entity. The attached CERTIFICATE OF NON-COLLUSION must be signed and submitted as part of the Bid Proposal.

(Name of General Bidder)

By Date (Signature and title of authorized representative)

SEAL

(Telephone) (Business address)

(Fax Number) (City, State, Zip)

The following documents are attached to and made a condition of the bid, and shall be filed with the bid:

Bid Security (5%) Completed and signed Bid Proposal (Section 00301) Contractor's Certification (Attached to Section 00301) Completed Certificate of Non-Collusion (Section 00480) Completed Certificate of Corporate Vote (Corporation Only) (Section 00481) Completed Certificate as to Payment of State Taxes (Section 00482) Completed State "Debarment Disclosure Form for Public Contracts" (Section 00484)

The Bidder is requested to list four or more of your firm's recent projects of a similar character as required for acceptable bid. References will enable the Owner to judge his experience, skill, and business standing.

00300-8

Project Name:

Project Location:

Contract Amount: $ Completion Date

Owner:

Contact Name: Telephone:

Architect/Engineer:

Contact Name: Telephone:

Project Name:

Project Location:

Contract Amount: $ Completion Date

Owner:

Contact Name: Telephone:

Architect/Engineer:

Contact Name: Telephone:

00300-9

Project Name:

Project Location:

Contract Amount: $ Completion Date

Owner:

Contact Name: Telephone:

Architect/Engineer:

Contact Name: Telephone:

Add supplementary page if necessary.

END OF SECTION 00300

Project Name:

Project Location:

Contract Amount: $ Completion Date

Owner:

Contact Name: Telephone:

Architect/Engineer:

Contact Name: Telephone:

COMPLIANCE FORMS

(PLEASE COMPLETE AND SUBMIT THESE FORMS WITH YOUR RESPONSE)

ORIGINAL "WET" SIGNATURES ARE REQUIRED IN ALL OF THE FOLLOWING DOCUMENTS

Section 00400

NON-COLLUSION FORM AND TAX COMPLIANCE FORM

CERTIFICATE OF NON-COLLUSION

The undersigned certifies under penalties of perjury that this bid or proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word

“person” shall mean any natural person, business, partnership, corporation, union, committee, club, or other organization, entity or group of individuals. The undersigned certifies that no representations made by any

City officials, employees, entity, or group of individuals other than the Purchasing Agent of the City of

Waltham was relied upon in the making of this bid

(Signature of person signing bid or proposal) Date

(Name of business)

TAX COMPLIANCE CERTIFICATION

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

Signature of person submitting bid or proposal Date

Name of business

NOTE

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

CERTIFICATE OF VOTE AUTHORIZATION

Date:

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

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

I further certify that ___________________ is duly elected/appointed ____________________ ______________________ of said Corporation whose signature appears below as an officer

Signature of Officer

SIGNED:

_______________________________ (Corporate Seal) Clerk of the Corporation:

Print Name: _____________________________

COMMONWEALTH OF MASSACHUSETTS

County of _________________ Date:

Then personally appeared the above named and acknowledged the foregoing instrument to be his/her free act and deed before me, and provided to me through satisfactory evidence of identification which were ___________________________________________ to be the person whose name is signed on the preceding or attached document in my presence.

Notary Public;

My Commission expires: ___________________________________

CORPORATION IDENTIFICATION

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

If a Corporation:

Incorporated in what state _________________________________________ President ________________________________________________________ Treasurer ________________________________________________________ Secretary _______________________________________________________

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

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

If a Partnership: (Name all partners) Name of partner ______________________________________________________ Residence ___________________________________________________________ Name of partner _______________________________________________________ Residence ____________________________________________________________

If an Individual:

Name ________________________________________________________________ Residence ____________________________________________________________

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

Name of Firm ________________________________________________________ Name of Individual ___________________________________________________ Business Address _____________________________________________________ Residence ___________________________________________________________ Date ________________________ Name of Bidder _______________________________________________________ By ________________________________________________________________

Signature _______________________________________________________

Title_________________________________________________________________ Business Address (POST OFFICE BOX NUMBER NOT ACCEPTABLE)

City State Telephone Number Today’s Date

CERTIFICATE OF AUTHORITY

LIMITED LIABILITY COMPANY

The undersigned, being (a/the) duly elected, qualified and active (member / manager) of __________________________________________________________, a Massachusetts limited Liability Company (hereinafter “the Company”)

Does Hereby Certify that

1. The Articles of Organization of the Company were duly filed with the Office of the Secretary of State of the State of Massachusetts on __________________________, and the Articles of Organization have not been (further) amended.

2. The Company has complied with the publication requirements contained in Section 67 of the Limited Liability Company Law.

3. There exists an Operating Agreement of the Company and that the said Operating Agreement has not been amended or repealed and that the said Operating Agreement remains in full force and effect as of this date.

4. Neither the Articles of Organization nor the Operating Agreement (as amended) require any further act to be taken or a meeting to be held by its members other that as follows:

5. All said requirements, whether as contained in the Articles of Organization or in the Operating Agreement or by operation of law as to the transaction of _______________, 20___ have been met.

6. The following person or persons has/have been duly authorized by the Company to execute all documents in connection with said transaction and that the signature appearing to the right of their name(s) is his/her genuine signature.

NAME OFFICE HELD SIGNATURE

IN Witness Whereof, the undersigned has executed this Certificate of Authority this _____day of _______________, 20____.

STATE OF MASSACHUSETTS, COUNTY OF ______________

On the ____day of _____________, 20___, before me, the undersigned personally appeared ___________________________________, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/ they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument.

Notary Public:

My Commission Expires:

Notary Stamp:

(Signature)

RIGHT TO KNOW LAW

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

Material Safety Data Sheet (MSDS) for each toxic or hazardous substance or mixture containing such substance, pursuant to M.G.L. c. 111F, §§8,9 and 10 and the regulations contained in 441

CMR 21.06 when deliveries are made. The vendor agrees to deliver all containers properly labeled pursuant to M.G.L. c. 111F §7 and regulations contained in 441 CMR 21.05. Failure to furnish MSDS and/or labels on each container may result in civil or criminal penalties, including bid debarment and action to prevent the vendor from selling said substances, or mixtures containing said substances within the Commonwealth. All vendors furnishing substances or mixtures subject to Chapter 111F or M.G.L. are cautioned to obtain and read the laws, rules and regulations referenced above. Copies may be obtained from the State House Bookstore, Secretary of State, State House, Room 117, Boston, MA (617) 727-2834.

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

Signature Date

Print Name

NOTE

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

MASSACHUSETTS WEEKLY CERTIFIED PAYROLL REPORT FORM

Company's Name: Address: Phone No.: Payroll No.:

Employer's Signature: Title: Contract No: Tax Payer ID Number Work Week Ending:

Awarding Authority's Name: Public Works Project Name: Public Works Project Location: Min. Wage Rate Sheet Number

General / Prime Contractor's Name: Subcontractor's Name: "Employer" Hourly Fringe Benefit Contributions

(B+C+D+E) (A x F)

Employee Name & Complete Address

Work Classification:

Employee is OSHA certified

Appr.

Rate (%) Su. Mo. Tu. We. Th. Fr. Sa.

All Other Hours

Hourly Base Wage

(B)

Health & Welfare

Insurance (C)

ERISA

Pension

Plan (D)

Supp.

Unemp.

(E)

Total Hourly

Prev. Wage (F)

Total Gross Wages

Check No.

(H)

Are all apprentice employees identified above currently registered with the MA DLS's Division of Apprentice Standards? YES NO

No apprentices are identified above

Date Received by Awarding Authority

Page ________of________ / /

NOTE: Pursuant to MGL c. 149, s. 27B, every contractor and subcontractor is required to submit a true and accurate copy of their certified weekly payroll records to the awarding authority by first-class mail or e-mail. In addition, each weekly payroll must be accompanied by a statement of compliance signed by the employer. Failure to comply may result in the commencement of a criminal action or the issuance of a civil citation.

For all apprentices performing work during the reporting period, attach a copy of the apprentice identification card issued by the Massachusetts Department of Labor Standards / Division of Apprentice Standards.

Hours Worked Project Gross Wages

Project Hours

(A)

WEEKLY PAYROLL RECORDS REPORT

& STATEMENT OF COMPLIANCE

In accordance with Massachusetts General Law c. 149, §27B, a true and accurate record must be kept of all persons employed on the public works project for which the enclosed rates have been provided. A Payroll Form is available from the Department of Labor Standards (DLS) at www.mass.gov/dols/pw and includes all the information required to be kept by law. Every contractor or subcontractor is required to keep these records and preserve them for a period of three years from the date of completion of the contract.

On a weekly basis, every contractor and subcontractor is required to submit a certified copy of their weekly payroll records to the awarding authority; this includes the payroll forms and the Statement of Compliance form. The certified payroll records must be submitted either by regular mail or by e-mail to the awarding authority. Once collected, the awarding authority is required to preserve those records for three years from the date of completion of the project.

Each such contractor and subcontractor shall furnish weekly and within 15 days after completion of its portion of the work, to the awarding authority directly by first-class mail or e-mail, a statement, executed by the contractor, subcontractor or by any authorized officer thereof who supervised the payment of wages, this form, accompanied by their payroll:

STATEMENT OF COMPLIANCE

_______________, 20_______

I,___________________________________,___________________________________ (Name of signatory party) (Title) do hereby state:

That I pay or supervise the payment of the persons employed by

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

Signature _________________________ Title _____________________________ http://www.mass.gov/dols/pw

DEBARMENT CERTIFICATION

In connection with this bid and all procurement transactions, by signature thereon, the respondent certifies that neither the company nor its principals are suspended, debarred, proposed for debarment, declared ineligible, or voluntarily excluded from the award of contracts, procurement or non procurement programs from the Commonwealth of Massachusetts, the US Federal Government and /or the City of Waltham. “Principals” means officers, directors, owners, partners and persons having primary interest, management or supervisory responsibilities with the business entity.

Vendors shall provide immediate written notification to the Purchasing Agent of the City of

Waltham at any time during the period of the contract of prior to the contract award if the vendor learns of any changed condition with regards to the debarment of the company or its officers. This certification is a material representation of fact upon which reliance will be placed when making the business award. If at any time it is determined that the vendor knowingly misrepresented this certification, in addition to other legal remedies available to the City of Waltham, the contract will be cancelled and the award revoked.

Company Name _______________________________________________________________

Address _____________________________________________________________________

City _________________________, State____________________, Zip Code ______________

Phone Number (____) ___________________

E-Mail Address ________________________________________________________________

Signed by Authorized Company Representative: ____________________________________

______________________________________Print name. Date _____________________

10 HOURS OSHA TRAINING CONFIRMATION

Chapter 306 of the Acts of 2004

CONSTRUCTION PROJECTS

AN ACT RELATIVE TO THE HEALTH AND SAFETY ON PUBLIC

The undersigned hereby certifies that all employees to be employed at a worksite for construction, reconstruction, alteration, remodeling, repair, installation, demolition, maintenance or repair of any public work or any public building estimated to cost more than $10,000.00 have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health Administration that is at least 10 hours in duration at the time the employee begins work and who shall furnish documentation of successful completion of said course with the first payroll report for each employee and will comply with all laws and regulations applicable to awards of subcontracts subject to section 44F.

Company Name: _____________________________________________________________

Address: ____________________________________________________________________

Signature:___________________________________________________________________

Title: _______________________________________________________________________

Print Name __________________________________________________________________

Date _____________________

See following Chapter 306 of the Acts of 2004

NOTE

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

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FEDERAL CONTRACT PROVISIONS

This contract required that the City of Waltham, the Federal Grantor Agency, the Comptroller General of the United States or any of their duly authorized representatives, shall have access to any bonds, documents, papers and records of the contractor which are directly pertinent to a specific grant program for the purpose of making audit, examination, excerpts and transcriptions.

Retention of all required records is required for three years after grantees or subgrantees make final payments and all other pending matters are closed.

The bidder herby certifies he shall comply with the minority manpower ratio and specific actions steps contained in the WBE policy, including compliance with the minority contractor compliance specified in the policy. The contractor receiving the award of the contract shall be required to obtain from each of its subcontractors and submit to the contracting or administering agency prior to the performance of any work under said contract a certification by said contract a certification by said contractor, regardless of tier, that will comply with the minority manpower ratio and specific affirmative action steps contained.

In the performance of this agreement, the Contractor shall comply with the provision of Executive Order No. 74, as amended by Executive Order No. 116 dated May 1, 1975, and of Chapter 151 B as amended, of the Massachusetts General Laws, both of which are herein incorporated by reference and made a part of this agreement.

The Contractor agrees to abide by the mandates of Executive Order 11246, as amended by Executive Order 11375; of Executive Order 11063; of Title VI of the Civil Rights Act of 1964; of title VIII of the Civil Rights Act of 1968; of Code of Federal Regulations, Title 24, Part 130; of Code of Federal Regulations, Title 24, Part 135. These documents are herein incorporated by reference and made a part hereof.

Bidder will provide preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products) per 2 CFR Part 200 Subpart D §200.322 and will comply with 2 CFR Part 200 Subpart D §200.323, Procurement of recovered materials, as applicable, which covers compliance with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act.

The Contractor agrees to abide to the provision of this section 29CER Part 3, prescribe "Anti- Kickback" regulation under section 2 of the Act of June 13, 1964, as amended (40 U.S.C. 276C) popularly known as the Copeland Act.

The Contractor agrees to abide to the provision of Section 306 of the Clean Air Act (42 U.S.C.1857 (h)). Section 508 of the Clean Water Act (33 U.S.C.