IFB-2026-2188-Cummington-Water-Control-System-.pdf

WATER DEPARTMENT

CONTROL SYSTEM UPGRADE

Cummington, Massachusetts

INVITATION FOR BIDS 2026-2188

BIDS DUE: September 15, 2026 at 2:00 PM

BID CONTACT INFORMATION – ON BEHALF OF THE TOWN OF CUMMINGTON

ELLEN BATCHELDER

FRANKLIN REGIONAL COUNCIL OF GOVERNMENTS

12 Olive Street, Suite 2 email: ebatchelder@frcog.org

Greenfield, MA 01301 bid docs: https://frcog.org/bids

IFB 2026-2188 Cummington - Water Control System Upgrade Page 1 of 77 mailto:ebatchelder@frcog.org https://frcog.org/bids

INVITATION FOR BIDS

Water Department Control System Upgrade - Cummington, MA

IFB 2026-2188

The Franklin Regional Council of Governments will accept sealed bids on behalf of the Town of Cummington for the Design, Supply, Installation, and Commissioning of a Control System

Upgrade to connect the West Cummington Water Storage Tank and the West Cummington Pump

Station, located at 2 West St., Plainfield, MA and 6 Savoy Rd., Cummington, MA respectively, per the specifications. The project is funded by the Town of Cummington Water Enterprise fund.

Sealed bids plainly marked “Cummington Control System Bid” will be received by the

FRCOG, 12 Olive Street, Suite 2, Greenfield, MA 01301, until September 15, 2026 at 2pm at which time they will be publicly opened. Emailed or faxed bids will not be accepted. Bids received after the deadline will not be accepted. The original and one copy must be submitted. If the FRCOG office is closed for any reason, bids will be opened the following day at the same time.

A bid deposit, payable to the TOWN OF CUMMINGTON, in the amount of 5% of the bid amount is required with the bid submittal and may be in the form of a Treasurer’s/bank check or drawn on a MA licensed surety. The awarded contractor will be expected to provide a Labor and

Materials Payment bond in the amount of 50% of the contract price.

There is no pre-bid meeting, however Bidders are required to contact Dennis Forgea, Town of

Cummington Water, at 413-270-5622 / chiefdf541@verizon.net to view the work and obtain more specific information about the town’s needs with respect to this bid.

Wage rates for this bid are subject to prevailing wage rates as per MGL Chapter 149, Section

26 - 27f inclusive and are included in the bid package. Bid specifications must be requested from https://frcog.org/bids in order to receive addenda and/or meeting notifications. Bidders should check for addenda before submitting their bid.

Qualified bidders who are Minority/Women/Disadvantaged Owned Business Enterprises

(M/W/D/BE) are encouraged to apply. Other qualified bidders are encouraged to partner with disadvantaged businesses. The awarded contractor shall endeavor to meet Workforce

Participation Goal Requirements under M.G.L. c. 149, § 44A(2)(G) which are currently 6.9% for women and 15.3% for minorities. For more information, see https://www.mass.gov/administrative-bulletin/equal-opportunity-and-non-discrimination-on-state-and-state-assisted. A listing of disadvantaged businesses can be found at https://www.mass.gov/orgs/supplier-diversity-office-sdo.

The awarding authority is the Town of Cummington and reserves the right to accept or reject any or all bids in total or in part as they may deem to be in the best public interest.

On behalf of the Awarding Authority, the Town of Cummington

FRANKLIN REGIONAL COUNCIL OF GOVERNMENTS

By: Laura Phelps, Chief Procurement Officer

August 12, 2026

The Franklin Regional Council of Governments (FRCOG) and the Town do not discriminate on the basis of race, color, national origin, sex, age, disability, or gender with respect to admission to, access to, or operation of its programs, services or activities. If you would like accessibility or language accommodation, please contact the Title VI Coordinator at 413-774-3167 (voice) (MA Relay System: 800-439-2370), 413-774-3169 (fax), or civilrights@frcog.org (e-mail).

IFB 2026-2188 Cummington - Water Control System Upgrade Page 2 of 77 mailto:chiefdf541@verizon.net https://frcog.org/bids https://www.mass.gov/administrative-bulletin/equal-opportunity-and-non-discrimination-on-state-and-state-assisted https://www.mass.gov/administrative-bulletin/equal-opportunity-and-non-discrimination-on-state-and-state-assisted https://www.mass.gov/orgs/supplier-diversity-office-sdo mailto:civilrights@frcog.org

Cummington Water Control System Upgrade

Advertisement for Public Building Construction Services (MGL Ch149)

[] Daily Hampshire Gazette Legal Ad August 12, 2026

(includes the MA Newspaper Publisher Assoc. website: www.masspublicnotices.org )

[] FRCOG Webpage August 12, 2026

[] Posted at Town of Cummington August 12, 2026

[] Central Register August 12, 2026

[] CommBUYS August 12, 2026

Questions due to FRCOG no later than:

(Email questions to ebatchelder@frcog.org) September 1, 2026 - 4PM

Addenda issued by, if needed September 9, 2026

SEALED BIDS DUE September 15, 2026 - 2PM

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Bid Package Table of Contents

1. Project Overview and General Conditions

2. Specifications

3. Bid Instructions

4. BID FORMS (all to be submitted to FRCOG)

Attachment A: Sample Contract

Attachment B: MA Prevailing Wage Reporting Documents and Schedule

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INVITATION FOR BIDS

CUMMINGTON - WATER CONTROL SYSTEM UPGRADE

PROJECT OVERVIEW

(This Summary is provided to give a general understanding and is not intended to be a complete description of the Work)

The Town of Cummington is seeking bids for the Design, Supply, Installation, and Commissioning of a WATER CONTROL SYSTEM UPGRADE to connect the West Cummington Water Storage Tank and the West Cummington Pump Station

The proposed control system shall utilize direct Ethernet communication between the water storage tank and the pump station using the Town’s existing Whip City Fiber municipal network equipment. All communications will remain within the Town’s secure network. Remote cellular access is required in the design and installation for this project.

All work must be completed by State of MA licensed, certified, and skilled tradespeople.

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I. GENERAL CONDITIONS

DEFINITIONS: Where “Owner”, “Awarding Authority” or “Town” is used, it shall mean the

Cummington Board of Selectmen or their designee. Where “Contractor” is used, it shall mean the Firm hired by the Town of Cummington to perform the Work or the Contractor’s authorized

Project Manager or designee. A Project Orientation meeting shall identify all authorized individuals.

The Work of the project shall comply in all respects with applicable federal, state, county and/or city/town regulations, laws and codes. All required building and other permits shall be obtained before beginning construction.

All equipment, materials and workmanship shall be equal to the highest standard and shall be to the satisfaction of the Owner. Substitution of items will not be permitted unless specifically approved by the Owner in writing.

EXAMINATION OF DOCUMENTS AND SITE: Before submitting a bid, each bidder shall inform himself/herself prior to bidding as to existing conditions and limitations under which the Work is to be performed and shall include in his bid a sum to cover the cost of items necessary to perform the Work as set forth in the proposed Contract Documents. No allowance will be made to a bidder because of lack of such examination or knowledge. The submission of a bid will be considered as conclusive evidence that the bidder has made such examination

CONSTRUCTION TIME: The Town desires to have the Water Department Control System Upgrade completed by October 30, 2026. Delays beyond October 30, 2026 will be subject to Liquidated

Damages (see below) in the amount of $100/day. Extension may be granted for manufacturer delays if, in the opinion of the Town, it is of no fault of the contractor.

LIQUIDATED DAMAGES: Liquidated damages apply for each day beyond the contract completion date until the work is substantially complete.

A. As actual damages for any delay in completion are impossible to determine, the

Contractor and his/her sureties shall be liable for and shall pay ($100/day) as fixed, and agreed liquidated damages for each calendar day of delay beyond the contract completion date until the work is substantially complete (see CONSTRUCTION TIME, above.)

B. For purposes of liquidated damages, Substantial Completion means that the value of the work remaining to be done is, in the estimate of the TOWN and approved by the TOWN, less than one percent of the original contract price. When the Contractor considers the work to be complete, s/he shall request, in writing, an inspection to be conducted by the

Owner, and the Contractor. Any deficiencies in the work shall be noted in a monetized

“Punch List" prepared by the Owner. If the monetized punch list amounts to less than 1% of the original contract price, the work shall be considered to be substantially complete as of the date of the written request for a final inspection. If the monetized punch list amounts to more than 1% of the original contract price, the work shall be considered not substantially complete.

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ELECTRICAL PERMIT: It is the responsibility of the Contractor to apply for and secure an Electrical permit for the Work. The Contractor is responsible for the Town of Cummington’s Wiring Inspector for timely and required inspections of the Work.

ELECTRICAL SERVICE INTERRUPTION: Contractor may interrupt electrical service for brief periods and with planned notice given to the Town representative.

SUBCONTRACTORS: The Contractor shall select the subcontractors, except that he shall not use subcontractors to whom the Owner has a reasonable objection. The Contractor shall not be required to use a subcontractor to whom he has a reasonable objection.

OSHA: The work area shall be made OSHA safe by the Contractor. All workers must be OSHA trained and carry their OSHA cards.

JURISDICTION: This agreement shall be governed by the laws of the Commonwealth of

Massachusetts.

CONTRACTOR USE OF PREMISES: The Contractor and Contractor's personnel, subcontractors and others providing portions of the Work of the project shall cooperate fully with the Owner regarding the use of the building to facilitate the Work.

PROJECT CHANGES: Changes, modifications, additions and/or deletions to the Work under this agreement will only be made by written order signed by the Owner and the Contractor. Any such changes will not invalidate this Agreement. The time for project completion and the project cost will be adjusted accordingly.

PERSONNEL PROTECTION: The Contractor is responsible for all safety and protection of all persons at the site of the Work including using current health precautions as advised by the

Commonwealth of Massachusetts.

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2. SPECIFICATIONS

The selected contractor shall provide all labor, materials, equipment, and engineering services necessary to complete the project, including but not limited to:

Control System & Communications

• Ethernet-based communication between the pump station and water storage tank using existing town fiber infrastructure

• Integration with the Town’s secure network

• System design that includes cellular remote access capability

Human-Machine Interface (HMI)

• HMI with visual status indicators for:

o Pump running o Pump faulted

• Display of analog signals, including:

o pH o Well level o Well flow o Tank level o Control panel temperature

• Trend displays for all listed analog data points

• Alarm functionality for:

o Analog signal thresholds o Pump status (running/faulted)

Control Logic

• Automatic pump control based on tank level

Hardware & Documentation

• A complete list of all hardware to be installed at both the water tank and pump station

• Engineering services to provide:

o Wiring diagrams o System documentation for all installed equipment

Installation & Commissioning

• Installation of all equipment and associated wiring

• Start-up and commissioning services

• Training for Town personnel on system operation and basic troubleshooting

• Complete site test

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Proposal Requirements

Proposals shall clearly describe:

• System architecture and design approach

• All hardware and software components

• Installation and commissioning plan

• Training approach

• Any assumptions or optional enhancements

Warranty and Maintenance

The Water Control System shall include a minimum one-year warranty to guarantee coverage for defective parts and workmanship.

The manufacturer shall maintain a service center with factory-trained personnel and be on call

24 hours a day, 365 days a year.

Bidders are requested to include your company’s Warranty and Maintenance details with your submitted bid documents.

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3. BID INSTRUCTIONS and GENERAL CONTRACT TERMS See the Sample Contract, attached for detailed contract terms and conditions

1. Sealed Bids, plainly marked “Cummington Water Control System Upgrade” in the lower left corner of the envelope, should be submitted to the Franklin Regional Council of

Governments, 12 Olive Street, Suite 2, Greenfield, MA 01301-3313 on or before

September 15, 2026 at 2PM. The original and one copy should be submitted. Late, Emailed, or faxed bids will not be accepted.

2. If you received this bid package from any source other than the Franklin Regional Council of Governments, you must request / download the bid from https://frcog.org/bids to receive any addenda or notices that may be issued regarding this bid.

3. All work is to be done by licensed, certified, and skilled tradespeople.

4. The contractor will be bound by all applicable statutory provisions of law of the Federal

Government, the Commonwealth of Massachusetts, and local codes (including current building and fire codes).

5. As the Town is exempt from the payment of Federal Excise Taxes and Massachusetts Sales

Tax, prices quoted herein are not to include these taxes.

6. Wage rates for this bid are subject to prevailing wage rates as per MGL Chapter 149, Section 26 - 27f inclusive, which are provided in Attachment B.

7. Labor and Materials/Payment Bond is required at the time of contract signing in the amount of 50% of the construction bid. Bond form will be provided by FRCOG.

8. A bidder will be held to the terms and the prices submitted for the duration of the contract period if a contract is signed by both parties within 45 days from bid opening.

9. Contract execution will be conditioned upon producing an insurance certificate as outlined on the INSURANCE REQUIREMENTS page.

10. A contract substantially in accord with the Sample Contract found in this bid package

(Attachment A) will be required to be signed by the Contractor and the Town of Cummington.

Any terms or conditions that cannot be met by the bidder must be brought to the FRCOG’s attention in a Written Question before the deadline. If the matter can be resolved in an

Addendum, one will be issued so that all Bidders are notified of any exceptions allowed.

11. The contract resulting from this bid will be awarded to the lowest responsible and responsive contractor based upon price, past performance and reliability of the contractor, quality of product and/or service, and degree of exclusion, exemption, or restrictions on the bid.

12. A contract will be signed between the awarded contractor and the Town of Cummington.

IFB 2026-2188 Cummington - Water Control System Upgrade Page 10 of 77 https://frcog.org/bids

13. The Franklin Regional Council of Governments Assistant Procurement Officer will be available to answer any general questions about procedure, etc., but no question will be answered that in any way could give an unfair advantage to a contractor except through a written Addendum. Inquiries should be directed to:

Ellen Batchelder, Assistant Procurement Officer

Franklin Regional Council of Governments

12 Olive Street, Suite 2, Greenfield, MA 01301-3313

(413) 774-3167 X 131 ebatchelder@frcog.org

14. The Contractor must submit with their response a list of at least three (3) projects which they have successfully completed, giving the name and address of the projects so that they may be investigated prior to the award of the contract. Public projects of similar size and scope are preferred, with a minimum of one from a public entity. A contact person with

CURRENT PHONE NUMBER and EMAIL must be provided for each reference.

15. Bids which are incomplete, not properly endorsed or signed, or otherwise contrary to instructions may be rejected as non-responsive by the Chief Procurement Officer.

Conditional Bids will not be accepted.

16. Any inferior or damaged product, as determined by the Town of Cummington, will be replaced at the total expense of the Vendor.

17. Any restrictions, qualifications, or deviations from specifications must appear either on the

Bid Form or on an attachment thereto.

18. OSHA Certification

All contractors working on public works projects will be required to certify that ALL employees employed at the work site have successfully completed an OSHA approved course in construction safety at least 10 hours in duration. This law requires general contractors to have on file records of all employees’ OSHA 10- hour training and provide proof to the various agencies in charge of the work. This also applies to all subcontractors, hired trucks, and hired equipment with operators. Every bidder must certify that all persons who are employed by them for this bid are certified. Proof does not have to be submitted with this bid, but must be available upon request.

19. INSURANCE REQUIREMENTS

The Contractor shall at all times during the Contract maintain in full force and effect

Employer's Liability, Worker's Compensation, Bodily Injury Liability, and Property Damage and

General Liability Insurance, including contractual liability coverage. All insurance shall be by insurers and for policy limits acceptable to the TOWN OF CUMMINGTON and before commencement of work hereunder the Contractor agrees to furnish the TOWN certificates of insurance or other evidence satisfactory to the TOWN to the effect that such insurance has been procured and is in force.

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

COVERAGES LIMITS OF LIABILITY

Workers' Compensation Statutory

Employers' Liability $500,000

Bodily Injury Liability $1,000,000 each occurrence

(except automobile) $2,000,000 aggregate

Property Damage Liability $1,000,000 each occurrence

Automobile Bodily Injury $1,000,000 each person

Liability $2,000,000 each occurrence

Automobile Property Damage $1,000,000 each occurrence

Liability

Excess Umbrella Liability $1,000,000 each occurrence

** A “Workers Compensation Insurance Affidavit: General Business” as issued by the Massachusetts Department of

Industrial Accidents will be required of the winning bidder(s) at contract signing if any employees/owners of the Company are not covered under the WC policy.. See http://www.mass.gov/lwd/docs/dia/forms/f-aff-general.pdf

The Town of Cummington shall be named as additional insured under the liability and automobile insurance. The excess/umbrella liability insurance policy should contain a broad form general liability endorsement.

Failure or refusal of the successful bidder to execute and deliver a Signed Contract, Certificate of Insurance, Payment Bonds acceptable to the Town within ten days after notice of contract award will result in the forfeiture of the Bid Deposit/Bond as Liquidated

Damages. The Contract will be awarded to the next lowest qualified bidder or the IFB re-advertised, as the Town believes is in the best public interest.

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Checklist of Required Signed Submittals:

o Price Bid Form signed by duly authorized representative of the bidder organization o 5% Bid Bond/Bid Deposit, payable to the Town of CUMMINGTON o Corporate Resolution or List of Partners if applicable o Warranty and Maintenance information o References: At least three references with CURRENT phone number/email; minimum of

ONE must be a public entity.

Items required at Contract Signing:

o Certificate of Insurance meeting requirements specified in this IFB, naming the Town of

Cummington as Additional Insured o 50% Labor and Materials Payment Bond drawn on a MA Licensed Surety

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Bidder’s Name

4. BID FORM IFB 2026-2188

WATER CONTROL SYSTEM UPGRADE PROJECT, CUMMINGTON, MA

To the Town of Cummington, Massachusetts, (hereinafter called the “Owner”) acting through its Selectboard duly authorized therefore, who act solely for said Town and without personal liability to themselves:

Ladies/Gentlemen:

The undersigned , as bidder, declares that the only persons or parties interested in this bid as principals are those named herein; that the bidder has carefully examined the Invitation for Bids and the Specifications (and amendments thereto); and they bid and agrees, if this bid is accepted, that the bidder will furnish all incidental materials and labor necessary for the completion of the Work as specified in the Bid, in the manner and time therein prescribed and according to the requirements of Owner as herein set forth.

The Bidder agrees that the Owner will have forty five (45) consecutive days from date of opening to accept the bid, except as described in the specifications, the lump sum price, therein.

The Bidder also understands that the Owner reserves the right to accept or reject any or all bids and to waive any informalities in the Bids if it is in the Owner’s interest to do so. The Advertisement for Bidders, Information for Bidders, Specifications and Bid Form attached thereto, shall become a contract upon the receipt by the Bidder of written acceptance of this bid by the Owner.

The Bidder agrees that activities not expressly mentioned in these specifications for Lump Sum Work but involved in carrying out their intent will be performed the same as though they were specifically mentioned, described, and delineated – including the provision of incidental equipment and supplies.

The Bidder certifies that all materials meet or exceed the requirements of the bid specifications and they are licensed to perform the services in the Commonwealth of Massachusetts and that workmanship is warranted for at least one year.

The Bidder certifies that all materials meet or exceed the requirements of the bid specifications, including standards with respect to Codes, References and Permits. Any OR EQUAL submissions require accompanying documentation. The TOWN has the sole discretion to determine if a product or method is EQUAL.

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Form for General Bid, page 2

Pursuant to M.G.L. Ch. 62C, Sec. 49A, the Bidder certifies under the penalties of perjury that, to the best of their knowledge and belief, they are in compliance with all laws of the Commonwealth relating to taxes, reporting of employees and contractors, and withholding and remitting child support.

The undersigned certifies under penalties of perjury that this bid 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 under penalties of perjury that the said undersigned is not presently debarred from doing public construction work in the Commonwealth of Massachusetts under the provisions of Section 29F of Chapter 29 of the General Laws, or any other applicable debarment provisions of any other Chapter of the General Laws, or any Rule or Regulation promulgated thereunder.

The undersigned certifies that all of their employees who will be employed at the work site have successfully passed the OSHA approved 10-hour safety course, and we have proof on file. They also certify that they are able to furnish labor that can work in harmony with all other elements of labor employed or to be employed in the work.

The undersigned proposed to furnish all labor and materials for the Water Control System

Upgrade in Cummington in accordance with the accompanying specifications.

Please acknowledge any Addenda by initialing below:

#1 _____________ #2 _____________ #3 _____________ #4 _____________

The Bidder will take in full payment, therefore, the following price, to wit:

Total Lump Sum Bid Amount $ _____________________________

In words: _____________________________________________________________________ Bid Bond and Payment Bond to be based on this lump sum bid amount.

ESTIMATED DATE OF WATER CONTROL SYSTEM UPGRADE DELIVERY:

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Form for General Bid, page 3

Contractor’s MA General Contractor’s License # ______________________________________

Name Subcontractors here:

MA Licensed Electrician City/State License #

Subcontractor Company Name City/State License #

Subcontractor Company Name City/State License #

Authorized Signature _______________________ Printed Name ____________________

Title ___________________ Company Name __________________________________

Company Address _______________________________________________________________

Phone _______________________________ Email _________________________________

Date _____________________

Name and Tel # of Person who will be filing CERTIFIED PAYROLL

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The Office of the Attorney General, Washington, DC, requires the following information on all bid proposals amounting to $1,000.00 or more:

Federal Tax ID Number (this number is regularly used by companies when filing their “EMPLOYER’S FEDERAL TAX RETURN, U.S.” Treasury

Department Form 941

*IF A CORPORATION, INCLUDE WITH YOUR BID A CORPORATE

RESOLUTION LISTING ALL DULY AUTHORIZED SIGNERS ON BEHALF

OF THE CORPORATION AND CHECK HERE □

*IF A LIMITED LIABILITY CORPORATION (LLC), INCLUDE THE NAME OF

THE LLC MANAGER AND CHECK THE APPROPRIATE CLASSIFICATION OF

LLC □

Circle tax classification: □D (disregarded entity) □C (corporation)

Or □ P (partnership)

______________________________ LLC MANAGER NAME

*IF A PARTNERSHIP, INCLUDE A LIST OF NAMES/ADDRESSES OF ALL

PARTNERS AND CHECK HERE (add additional page if necessary) □

______________________________ NAME

______________________________ NAME

______________________________ NAME

______________________________ NAME

*IF A PROPRIETORSHIP, COMPLETELY FILL OUT INFORMATION ON BID

FORM ONLY AND CHECK HERE □

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REFERENCES

Please list AT LEAST THREE references, a minimum of ONE must be from a PUBLIC project of similar size and scope. Please make sure contact information is CURRENT. Inability to check references may affect the eligibility of your bid. Use additional sheet for more references.

1______________________________________ ___________________________________

Name of Project Contract Dates

Name of Contact Person Title of Contact Person

Phone Number / Email Scope of Work

2______________________________________ ___________________________________

3______________________________________ ___________________________________

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ATTACHMENT A

A CONTRACT SUBSTANTIALLY IN ACCORD WITH THIS CONTRACT WILL BE SIGNED BETWEEN THE

TOWN AND THE AWARDED CONTRACTOR

AGREEMENT

THIS AGREEMENT made this ________________ day of _______________ in the year Two Thousand and , between _______________________________, with a usual place of business at ___________________________________________, hereinafter called the

CONTRACTOR, and the TOWN of CUMMINGTON, acting by its SELECTBOARD, with a usual place of business at 33 MAIN ST., CUMMINGTON, MA 01026, hereinafter called the OWNER.

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

1. Scope of Work

The Contractor shall furnish all labor, materials, equipment and insurance to perform all work required for the project known as the __________________________________________ Project, in strict accordance with the Contract Documents and all related Drawings and Specifications. The

Contract Documents (Section 11, herein), Specifications, Drawings and any GENERAL

SUPPLEMENTARY CONDITIONS are incorporated herein by reference and are made a part of this

Agreement.

2. Contract Price

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

3. Commencement and Completion of Work and Liquidated Damages

It is agreed that time is of the essence of this Agreement. The Contractor shall commence and prosecute the work under this Agreement upon execution hereof and shall complete the work on or before __________________________.

A. Definition of Term: The Term "Substantial completion" shall mean the date certified by the

Owner when construction is sufficiently complete, in accordance with the Contract

Documents, so the Owner may occupy the project, or designated portion(s) thereof, for the use for which it is intended.

B. Time as Essential Condition: It is understood and agreed that the commencement of and substantial completion of the work are essential conditions of this Agreement. It is further agreed that time is of the essence for each and every portion of the Contract Documents wherein a definite and certain length of time is fixed for the performance of any act whatsoever; and where under the Contract Documents any additional time is allowed for the IFB 2026-2188 Cummington - Water Control System Upgrade Page 19 of 77 completion of any work, the new time fixed by such extension shall be of the essence of this

Agreement. It is understood and agreed that the times for the completion of the work are reasonable, taking into consideration the average climatic range and usual industrial conditions prevailing in this locality.

C. Progress and Completion: Contractor shall commence work promptly upon execution of this

Agreement and shall prosecute and complete the work regularly, diligently and uninterruptedly at such a rate of progress as will insure Substantial Completion within the stipulated number of calendar days.

D. Liquidated Damages: It is expressly agreed between the Contractor and the Owner that the

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

Contractor shall be in default of Substantial completion after the date specified in the

Agreement. Due to the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would in such event sustain, said amount is agreed to be the amount of damages which the Owner would sustain, and said amount shall be retained from time to time by the Owner from current periodic estimates. The amount of liquidated damages shall be $100_ per day.

4. Performance of the Work

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

Work under the Agreement.

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

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

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

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

Owner of any public authority particular to this Agreement.

(2) If the Contractor observes that any of the Contract Documents are at variance with applicable laws, statutes, codes and regulations in any respect, he shall promptly notify the

Owner in writing, and any necessary changes shall be accomplished by appropriate modification.

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

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

E. Project Superintendent: The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site at all times during the progress of the Work. The superintendent shall represent the Contractor and all communications given to the superintendent shall be as binding as if given to the Contractor.

Important communications shall be confirmed in writing. Other communications shall be so confirmed on written request in each case.

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

The progress schedule shall be related to the entire Project to the extent required by the

Contract Documents, and shall provide for expeditious and practicable execution of the Work.

G. Drawings, Specifications and Submittals:

(1) The Contractor shall maintain at the site for the Owner one record copy of all

Drawings, Specifications, Addenda, Change Orders and other Modifications, and "As-

Built" Drawings and Specifications in good order and marked currently to record all changes made during construction, and approved Shop Drawings, Product Data and

Samples. These shall be delivered to the Owner upon completion of the Work.

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(2) By approving and submitting Shop Drawings, Product Data and Samples, the

Contractor represents that he has determined and verified all materials, field measurements, and field construction criteria related thereto, or will do so, and that he has checked and coordinated the information contained within such submittals with the requirements of the

Work and of the Contract Documents.

(3) The Contractor shall not be relieved of responsibility for any deviation from the requirements of the Contract Documents by the Owner's approval of Shop Drawings, Product

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

(4) The Contractor shall direct specific attention, in writing or on resubmitted Shop

Drawings, Product Data or Samples, to revisions other than those requested by the Owner on previous submittals.

(5) No portion of the Work requiring submission of a Shop Drawing, Product Data or

Sample shall be commenced until the submittal has been approved by the Owner. All such portions of the Work shall be in accordance with approved submittals.

H. Protection of the Work and Owner's Property: The Contractor shall at all times safely guard the Owner's property from injury or loss in connection with this Agreement. He shall at all times safely guard and protect his own work, and that of adjacent property from damage. The

Contractor shall replace or make good any such damage, loss or injury. The Contractor shall clean the work area and restore it to its original condition upon completion of the work.

I. Quality of the Work: The Contractor shall perform the work in a good, workmanlike manner.

The Contractor hereby guarantees that the entire work constructed by him under the

Agreement will meet fully all requirements thereof as to quality of workmanship and materials. The Contractor hereby agrees to make at his own expense any repairs or replacements made necessary by defects in materials or workmanship supplied to him that become evident within one (1) year after the date of the final payment, and to restore to full compliance with the requirements set forth herein any part of the work constructed hereunder, which during said one (1) year period is found to be deficient with respect to any provisions of the Contract Documents. The Contractor also agrees to hold the Owner harmless from claims of any kind arising from damage due to said defects. The Contractor shall make all repairs and replacements promptly upon receipt of written orders for same from the Owner. If the

Contractor fails to make the repairs and replacements promptly, the Owner may do the work and the Contractor shall be liable to the Owner for the cost thereof.

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

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5. Affirmative Action/Equal Employment Opportunity

The Contractor is directed to comply with all applicable Federal and State Laws, Ordinances, Bylaws, and rules and regulations regarding affirmative action/equal employment opportunity requirements.

Failure of the Contractor to comply with any such law, rule or regulation shall constitute grounds for the Owner to terminate the Agreement. The Contractor shall not discriminate against any person because of race, color, religious creed, national origin, gender, ancestry, sexual orientation, age, handicap, gender identity, genetic information, military service or any other protected class under the law.

6. Site Information Not Guaranteed; Contractor's Investigation

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

Owner. All such information is furnished only for the information and convenience of the Contractor and is not guaranteed.

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

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

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

It is further agreed and understood that the Contractor shall not use or be entitled to use any of the information made available to him or obtained in any examination made by him in any manner as a basis of or ground for any claim or demand against the Owner, arising from or by reason of any variance which may exist between the information made available and the actual subsurface conditions or other conditions or structures actually encountered during the construction work, except as may otherwise be expressly provided for in the Contract Documents.

7. Project Architect or Engineer

There is X is not a project architect-engineer for this project.

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8. Wage Rates

Prevailing Wage Rates as determined by the Commissioner of the Department of Labor and

Workforce Development under the provisions of Massachusetts General Laws, Chapter 149, Section

26 to 27G, as amended, apply to this project. It is the responsibility of the Contractor to provide the

Town with certified payrolls and to comply with all requirements of the above-cited statutes. The higher rate prevails.

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

9. Payments to the Contractor

Within thirty (30) days after receipt from the Contractor of a proper and satisfactory periodic estimate requesting payment of the amount due for the preceding month, the Owner shall have thirty (30) days to make payment for:

A. The work performed during the preceding month.

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

Subcontractor has title and has authorized the Contractor to transfer title to the Owner.

C. Less the following retention items:

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

Contractor.

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

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

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

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

Contractor and of the cost of completing the incomplete and unsatisfactory items of work.

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

Contract if such record of payment indicates that the Contractor has not paid

Subcontractors as provided in Section 39F of Chapter 30 of the General Laws.

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The Owner may make changes in any periodic estimate submitted by the Contractor and the payment due on said periodic estimate shall be computed in accordance with the changes so made, and such changes and any requirements for a corrected periodic estimate shall not affect the due date for the periodic payment or the date for the commencement of interest charges on the amount of the periodic payment computed in accordance with the changes made, as provided herein; provided further, that the Owner may, within fourteen (14) days after receipt, return to the Contractor for correction, any periodic estimate which is not in acceptable form or which contains computations not arithmetically correct, and in that event, the date of receipt of such periodic estimate shall be the date of receipt of the corrected periodic estimate in proper form and with arithmetically correct computations. The date of receipt of a periodic estimate received on a Saturday shall be the first working day thereafter.

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

(a) An agreed lump sum.

F. Claims for Additional Costs: If the Contractor wishes to make a claim for an increase in the

Contract Sum, he shall give the Owner written notice thereof within twenty days after the occurrence of the event giving rise to such claim. This notice shall be given by the Contractor before proceeding to execute the Work, except in an emergency endangering life or property.

No such claim shall be valid unless so made. Any change in the Contract Sum resulting from such claim shall be authorized by Change Order.

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

10. Final Payment, Effect

The acceptance of final payment by the Contractor shall constitute a waiver of all claims by the Contractor arising under the Agreement.

11. Contract Documents

The provisions of the IFB and the Contractor’s Bid are incorporated herein by reference. In the event of any conflict among the Contract Documents, the Documents shall be construed according to the following priorities:

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Highest Priority: Amendments to Contract (if any)

Second Priority: Contract

Third Priority: Addenda to the IFB (if any)

Fourth Priority: IFB

Fifth Priority: Contractor’s Bid.

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

Invitation to Bid

Instructions to Bidders

This Contract Form

Bid Form

Labor & Materials Payment Bond

Non-Collusion Certificate

Tax Compliance Certificate

Clerk's Certificate of Corporate Vote

Certificate of Insurance

General Conditions

Drug Free Workplace Policy

Supplementary General Conditions, if any

General Requirements

Specifications and Addenda

Contract Drawings

Schedule of Prevailing Wages

(Strike out any inapplicable item)

12. Terms Required By Law

12.1 This contract will be construed and governed by the provisions of applicable federal, state and local laws and regulations; and wherever any provision of the contract or contract documents shall conflict with any provision or requirement of federal, state or local law or regulation, then the provisions of law and regulation shall control.