IFB only South River Road.pdf

BRIDGE #C-05-027 – South River Road Charlemont, Massachusetts

INVITATION FOR BIDS 2025-0527

Bids due May 23, 2025, at 2 pm

Contact Information: Awarding Authority:

Sarah Reynolds, MCPPO Town of Charlemont, MA 157 Main Street PO Box 677 Charlemont MA 01339 413-339-4335 ext. 8 administrator@townofcharlemont.org

Plans and Documents available at:

https://charlemont-ma.us/

Engineering Plans and Specifications by:

Gill Engineering Needham, MA

INVITATION FOR BIDS

BRIDGE #C-05-027 – South River Road over Albee Brook

Town of Charlemont IFB 2025-0527

The Town of Charlemont (TOC) will accept sealed bids for a bridge preservation project on bridge no. C-05-027, South River Road over Albee Brook.

Sealed bids should be marked "South River Road Bridge” and will be received by the Town of Charlemont 157 Main Street PO Box 677 Charlemont MA 01339, until May 23, 2025, at 2 PM. Bids received after the deadline will not be accepted. If the Charlemont Town Office is closed for any reason, bids will be opened the following business day at 2PM. Submit one original and one copy of the bid.

ALL INTERESTED PARTIES ARE ENCOURAGED TO REVIEW THIS INVITATION FOR BIDS; HOWEVER THIS IFB SHOULD BE CONSIDERED INFORMAL AND ONLY BIDS FROM MASSDOT PREQUALIFIED CONTRACTORS IN THE

REQUISITE CLASS OF WORK WILL BE CONSIDERED FOR AWARD. ALL CONTRACTORS SHOULD CONFIRM THEIR ELIGIBILITY BEFORE BIDDING. A BIDDER MAY OFFER BIDS UP TO THEIR PREQUALIFICATION AMOUNT.

PREQUALIFICATION AMOUNT: $380,000

THE CLASS OF WORK IS: BRIDGE - CONSTRUCTION

Wage rates for this bid are subject to prevailing wage rates as per MGL Chapter 149, Section 26 - 27f inclusive. This bid is being undertaken per MGL Ch 30 §39M requiring a 5% bid bond/deposit and 50% Labor and Materials Payment Bond.

Qualified bidders who are Minority/Women/Disabled Owned Business Enterprises (M/W/D/BE) businesses are encouraged to apply. Other qualified bidders are encouraged to partner with disadvantaged businesses. A listing of certified disadvantaged businesses can be found at http://www.mass.gov/sdo.

Affirmative Action, Equal Opportunity, and Workforce Participation goals apply.

Specifications, and bid instructions are available for download fromhttps://charlemont-ma.us/ Plans and additional reports accessible on the front page of the Charlemont Website.

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

The Town of Charlemont does 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 Sarah Reynolds 413-339-4335 Ext 8 or administrator@townofcharlemont.org

Advertisement for Public Works Construction Services (MGL Ch 30, §39M)

[] Greenfield Recorder Legal Ad May 2, 2025 [] Town of Charlemont Webpage April 25, 2025 [] Posted at Charlemont Town Hall April 25, 2025 [] Central Register May 2, 2025 [] COMMBUYS May 2, 2025

CRITICAL DATES

Deadline for Written Questions May 16, 2025 Send questions to administrator@townofcharlemont.org

Addenda issued to Plan holders May 20, 2025

SEALED BIDS DUE May 23, 2025, at 2 PM

ESTIMATED DATES

Notice of Award May 27,2025 Contract Executed May 30, 2025 Work Completed by June 30, 2025

BID PACKAGE TABLE OF CONTENTS

IFB Page(s) Invitation for Bids – Public Notice 1-2

Schedule of Critical and Estimated Dates, Documents 3-4

Project Description 5

Special Provisions/Technical Specifications 6-

Including:

Attachment A Locus Map 53

Attachment B WPA-3 Notice of Intent 54-65

Attachment C WPA-5 Order of Conditions 66-78

Attachment D US Army Corp of Engineers General Permit 79

General Instructions to Bidders 80-83

Bid Forms 84-87

Attachment E Sample Contract Document and Payment Bond Form 88-109

Attachment F Certified Payroll Reporting Forms and PW Schedule 110–end

UNDER SEPARATE COVER

The following documents for IFB 2025-0527 are available at the following locations:

EXHIBIT 1 GILL ENGINEERING DESIGN PLANS

EXHIBIT 2 GEOTECHNICAL REPORT

EXHIBIT 3 HYDRAULIC REPORT

PROJECT DESCRIPTION SUMMARY

Bridge #C—05-027 South River Road Bridge over Albee brook

The work on this project shall conform to the 2025 Massachusetts Department of Transportation Highway Division Standard Specifications for Highways and Bridges, the most current version of the MassDOT Supplemental Specifications as of the bid opening date, the October 2017 Massachusetts Department of Transportation Highway Division Construction Standard Details; 1990 Standard Drawings for Signs and Supports; the 1996 Construction and Traffic Standard Details (as relates to the Pavement Markings details only); the 2009 Manual on Uniform Traffic Control Devices (MUTCD) with Revisions 1, 2, and 3 dated July 2022, Massachusetts Amendments and the Standard Municipal Traffic Code; the 1968 Standard Drawings for Traffic Signals and Highway Lighting; the latest edition of American Standard for Nursery Stock; the Plans and these Special Provisions. The 2025 Standard Specifications; the latest editions of the Supplemental Specifications and the Interim Supplemental Specifications shall be referred to collectively as the Standard Specifications.

The South River Road over Albee Brook Bridge Deck Replacement Project is located on a major collector road located just south of the Deerfield River and approximately 2 miles east of the intersection with West Hawley Road in the Town of Charlemont. The bridge currently does not have a posted weight limit. The deck and superstructure condition is poor and the substructure condition is generally satisfactory. The bridge shall be closed to traffic during construction and a detour route will be signed. The current bridge abutments and wingwalls consist of concrete masonry. The work includes the removal and replacement of the existing bridge deck, exterior beams, and related work. This work shall consist of removing and replacing the existing reinforced concrete deck slab, existing reinforced concrete safety curbs, the removal and replacement of the existing exterior beams, installing the steel thrie beam bridge railing and approach guard rail, performing repairs to the existing abutments and wingwalls, and paving the bridge and approaches. The details are presented on 10 construction drawing sheets that have been reviewed and approved by MassDOT on Xxxxxxx XX, 2025. Traffic management required to perform the construction shall be as shown on the construction drawings. Payment for materials or work shown on the Plans as being part of the work to the bridge and approaches or which may be incidental to its construction and are not specifically included for payment under the Contract shall be considered incidental to the work performed. Where used within the contract documents, the terms “Department”, “Municipality”, and “Town” shall be taken to mean the Town of Charlemont. The term “Engineer” shall be taken to mean the authorized representative or Project Manager for the Town of Charlemont. The construction contract completion date is Xxxxxxx XX, 2025.

TOWN OF Charlemont BRIDGE #C-05-027 South River Road over Albee Brook

GENERAL INSTRUCTIONS TO BIDDERS

1. All bids must contain a filled out and signed BID FORM. Minor defects on a bid submittal may be waived by the Chief Procurement Officer (CPO) as long as the error or variation is not prejudicial or preferential to the other bidders and that it may be corrected without affect upon substantive elements of the bid such as, but not limited to, price, quality, payment terms or delivery schedule. Resolution will be determined by the CPO.

2. Bids which are incomplete, not properly endorsed or signed, or otherwise contrary to instructions may be rejected as non-responsive by the CPO. Conditional bids will not be accepted. Any bid arriving after the time and date of bid opening will not be accepted.

3. As the TOWN OF Charlemont is exempt from the payment of Federal Excise Taxes and Massachusetts

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

4. A bidder will be held to the terms and the prices on the bid form for the duration of the contract period if a contract is signed by both parties within 30 days from bid opening.

5. The TOWN reserves the right to reject any and all bids, in total or in part.

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

Government and the Commonwealth of Massachusetts.

7. The contractor will be required to indemnify and hold harmless the Town of Charlemont for all damages to life and property that may occur due to contractor’s negligence or that of his/her employees, subcontractors, etc., during the contract.

8. If in the judgment of the Town of Charlemont, any property is needlessly damaged by an act or omission of the contractor, the amount of damages will be deducted from money due the contractor or may be recovered from said contractor in legal action.

9. Any restrictions, qualifications, or deviations from specifications must appear either on the bid form or on an attachment thereto.

10. A contract (or contracts) will be signed between the awarded bidder(s) and the TOWN OF Charlemont.

A sample contract is attached. Any provisions of the contract that cannot be met by a prospective bidder must be brought to the attention of the FRCOG during the open question period, otherwise submittal of a bid constitutes acceptance of the Town’s standard terms and conditions.

11. Once bids are opened, the Town of Charlemont and their Engineer will review.

12. The contract(s) resulting from this bid will be awarded to the lowest responsible and responsive bidder based upon bid price, past performance and reliability of the bidder, quality of product and/or service, and degree of exclusion, exemption, or restrictions on the bid form. In the event of identical and responsible low bids, a coin toss overseen by the CPO will determine the award. Responsibility may be determined in part by reference checks. A list of all projects done or in process for Municipalities in Massachusetts for Bridges/Culverts in the last two years is required with the bid submission.

13. Any questions about the technical specifications of the project or the bid process must be directed to

The Town of Charlemont via written question (email administrator@townofcharlemont.org and all prospective bidders will be notified if an addendum is required.

14. Payment of invoices will be made within 30 days upon receipt of invoice by the TOWN.

15. The Town will be available to answer any general questions about bid procedure, etc., but no question will be answered that in any way could give an unfair advantage to a bidder. All inquiries concerning this bid should be directed to:

Sarah Reynolds, MCPPO 157 Main Street PO Box 677 Charlemont MA 01339 413-339-4335 ext. 8 administrator@townofcharlemont.org

16. Police or Flagging Detail will be the responsibility of the CONTRACTOR. See Special Provisions/Technical Specifications.

17. The Town of Charlemont does not discriminate on the basis of disability with respect to admission to, access to, or operation of its programs, services or activities. Individuals who may need auxiliary aids should call the Town of Charlemont

18. Awards will be based on the estimated quantities provided times the price submitted. The responsive and responsible contractor whose total is lowest for the combination of all items will be awarded unless the Town has a legitimate reason to not award to that particular vendor per MGL Ch30 §39M.

19. The project is being funded by Grant and Town Funds which have been appropriated. If funding is unavailable, the project could be cancelled.

20. OSHA Certification is Required

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.

21 Contract execution will be conditioned upon producing:

An insurance certificate as outlined on the INSURANCE REQUIREMENTS page and a 50% Labor and Materials Payment Bond.

Failure or refusal of the successful bidder to execute and deliver a Signed Contract, Certificate of Insurance, and Labor and Materials Bond acceptable to the Chief Procurement Officer within five days after notice of contract award will result in the forfeiture of the Bid Bond as Liquidated Damages. The Contract may be awarded to the next lowest qualified bidder or the IFB re-advertised, if the Town believes it is in the best public interest.

22.

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 Council and before commencement of work hereunder the Contractor agrees to furnish the Council certificates of insurance or other evidence satisfactory to the Council to the effect that such insurance has been procured and is in force.

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

COVERAGE 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 (except automobile) $2,000,000 aggregate

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 $2,000,000 each occurrence

Contractor’s Pollution Liability $1,000,000 each occurrence $3,000,000 aggregate

Contractor’s Pollution Liability: The Contractor shall purchase and maintain coverage for bodily injury and property damage resulting from liability arising out of pollution related exposures such as asbestos abatement, lead paint abatement, tank removal, removal of contaminated soil, etc. The policy shall cover the liability of the Contractor during the process of removal, storage, transport and disposal of hazardous waste and contaminated soil and/or asbestos abatement. The policy shall coverage for on-site and off-site bodily injury and loss of, damage to, or loss of use of property, directly or indirectly arising out of the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gas, waste materials or other irritants, contaminants or pollutants into or upon the land, the atmosphere or any water course or body of water, whether it be gradual or sudden and accidental. The policy shall also include defense and clean-up costs. The Town shall be named as an additional insured.

The Town of Charlemont shall be named as an additional insured under the liability and automobile insurance.

The excess/umbrella liability insurance policy should contain a broad form general liability endorsement.

Checklist of Required Signed Bid Documents:

o Bid Form o Bid Signature Page with Corporate Resolution or List of Partners if applicable o 5% Bid Bond o References (Please list all Massachusetts municipal Bridge/Culvert Projects completed or in process in the last two years with contact information)

SUBMIT ONE ORIGINAL AND ONE COPY OF THE BID

Bidder’s Name

FORM FOR GENERAL BID – Page 1 of 3 TOWN OF Charlemont– BRIDGE #C-05-027 South River Road over Albee Brook

Town of Charlemont IFB 2025-0527 To the Town of Charlemont, 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 proposed form of Proposal and the Specifications (and amendments thereto); and he/she bids and agrees, if this bid is accepted, that the bidder will furnish all materials and labor necessary for the completion of the Work as specified in the Proposal, 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 (40) consecutive days from date of opening to accept the bid, except as described in the specifications, the unit(s) at the 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 Proposals 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.

I/We hereby agree to provide services for which we have provided pricing in accordance with the specifications in the bid and MassDOT, Mass DEP and Army Corps of Engineers standards, where appropriate, and agree to the standard terms and conditions of the sample contract attached.

Pursuant to M.G.L. Ch. 62C, Sec. 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.

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.

I hereby certify that all of our 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. I also certify that I am able to furnish labor that can work in harmony with all other elements of labor employed or to be employed in the work.

The BIDDER acknowledges receipt of the following addenda:

No. , dated , 2025

No. , dated , 2025

Bidder’s Name

T0TAL CONSTRUCTION BID IN WORDS: _____________________________________________

Authorized Signature ___________________ Printed Name ____________________

ITEM QUANTITY UNITS DESCRIPTION UNIT PRICE AMOUNT

114.11 1 LS PARTIAL DEMOLITION OF SUPERSTRUCTURE $ $

120. 90 CY EARTH EXCAVATION $ $

127.12 5 CY REINFORCED CONCRETE SUBSTRUCTURE EXCAVATION $ $

151. 70 CY GRAVEL BORROW $ $

170. 120 SY FINE GRADING AND COMPACTING $ $

452. 13 GAL ASPHALT EMULSION FOR TACK COAT $$ $

460.22 16 TON SUPERPAVE SURFACE COURSE - 9.5 (SSC - 9.5) $ $

460.31 22 TON SUPERPAVE INTERMEDIATE COURSE - 12.5 (SIC - 12.5) $ $

509. 26 FT GRANITE TRANSITION CURB FOR PEDESTRIAN CURB

RAMPS - STRAIGHT

620.131 50 FT GUARDRAIL, DEEP POST (SINGLE FACED) $ $

620.32 15 FT GUARDRAIL - CURVED, TL-2 (SINGLE FACED) $ $

627.01 1 EA ROUNDED END UNIT $ $

627.1 3 EA TRAILING ANCHORAGE $ $

628.25 4 EA TRANSITION TO THRIE BEAM $ $

657. 300 FT TEMPORARY FENCE $ $

751.7 2 CY COMPOST BLANKET $ $

765. 50 SY SEEDING $ $

767.121 210 FT SEDIMENT CONTROL BARRIER $ $

769. 160 FT PAVEMENT MILLING MULCH UNDER GUARD RAIL $ $

852. 259.5 SF SAFETY SIGNING FOR TRAFFIC MANAGEMENT $ $

853.1 9 EA PORTABLE BREAKAWAY BARRICADE TYPE III $ $

853.2 60 FT TEMPORARY BARRIER (TL-2) $ $

856.12 30 DAY PORTABLE CHANGEABLE MESSAGE SIGN $ $

859. 1080 DAY REFLECTORIZED DRUM $ $

905.01 4 CY 5000 PSI, 3/8 IN., 710 HP CEMENT CONCRETE FOR

SUBSTRUCTURE REPAIRS

909.2 15 SF CEMENTITIOUS MORTAR FOR PATCHING $ $

910.1 100 LB STEEL REINFORCEMENT FOR SUBSTRUCTURE REPAIRS -

EPOXY COATED

912.5 90 EA DRILLED AND GROUTED #5 DOWELS $ $

992.1 1 LS ALTERATION TO BRIDGE STRUCTURE $ $

CONSTRUCTION COST $ $

999.001 LS TRAFFIC POLICE - ALLOWANCE $ 500.00 $

999.300 LS MATERIALS INSPECTION, SAMPLING, AND TESTING

SERVICES

$ 2,000.00

999.800 LS ADDITIONAL MATERIALS $ 2,000.00

999.801 LS ADDITIONAL ARTISANS $ 2,000.00

TOTAL CONSTRUCTION COST WITH ALLOWANCES $

Title ___________________ Company Name __________________________________

Company Address _______________________________________________________________

City/State/Zip___________________________________________________________________

Phone _______________________________ Email _________________________________

Date _______________________________

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 □

ATTACHMENT E - SAMPLE AGREEMENT

TOWN OF Charlemont

BRIDGE #C-05-027 South River Road over Albee Brook

THIS AGREEMENT made this ____ day of ________, 2025 between CONTRACTOR with a usual place of business at ADDRESS AND PHONE, hereinafter called the CONTRACTOR, and the Town of Charlemont acting by its SELECTBOARD, with a usual place of business at 157 MAIN STREET, Charlemont, MA , TEL 413-339-4335 ext. 8 (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 BRIDGE #C-05-027 South River Road over Albee Brook Project, in strict accordance with the Contract Documents and all related Drawings and Specifications including the Order of Conditions. 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 $xxxx (xxxxDOLLARS and xxxCENTS).

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 12/15//2025.

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

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

C. Progress and Completion: 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: N/A

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.

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.

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

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

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

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

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

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

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

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

5. Affirmative Action/Equal Employment Opportunity/Workforce Participation

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, and workforce participation goal 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.

See Attached CONTRACTOR CERTIFICATION and SUPPLEMENTAL EQUAL EMPLOYMENT

OPPORTUNITY, NON-DISCRIMINATION AND AFFIRMATIVE ACTION PROGRAM

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 a project engineer for this project who is PETER GILL, PROJECT MANAGER; GILL ENGINEERING ASSOCIATES, NEEDHAM, MA. Except as otherwise indicated in the Contract Documents, the Engineer shall be a representative of the Owner and the Contractor shall direct all communications, questions and comments on the work and the performance thereof to the Engineer.

Except as otherwise provided, the Engineer shall have all the authority of the Owner set forth in the Contract Documents. In general, the Engineer shall have the authority to review the performance of the work, reject work which is defective or otherwise does not comply with the Contract Documents and to order the Contractor to remedy defective work and take such actions which are necessary to make the work conform to the Contract Documents.

8. Wage Rates

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

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

9. Payments to the Contractor

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 apply for and receive reimbursement from the Grantor, after which time the Owner shall 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 thirty (30) 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.

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 one or more, or a combination of the following methods:

(a) Unit bid prices previously approved.

(b) An agreed lump sum.

(c) The actual cost of:

(1) Labor.

(2) Materials entering permanently into the work.

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

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

(5) Wages to be paid.

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

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

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

The Contractor hereby agrees that the Contractor shall have no claim for damages of any kind against the 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 Contract Documents consist of the following, together with this Agreement:

This Contract Form Attachment A:

Invitation to Bid Addenda

Instructions to Bidders General Conditions Engineer’s Technical Specifications/SPECIAL PROVISIONS

Attachment B:

Contractor’s Bid Submission Clerk's Certificate of Corporate Vote

Attachment C:

Certified Payroll Reporting Forms Schedule of Prevailing Wages

Under Separate Cover Exhibit 1 - Engineer’s Plans Exhibit 2 – Geotechnical Report Exhibit 3 – Hydraulic Report

Appendix B

Labor & Materials Payment Bond Certificate of Insurance

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. Where applicable to the contract, the provisions of General Laws are incorporated by reference into this contract, including but not limited to the following:

General Laws Chapter 30B - Procurement of Goods and Services

General Laws Chapter 30, section 39 et. seq. - Public Works Contracts

12.2 Wherever applicable law mandates the inclusion of any term and/or provision into a municipal contract, this section shall be understood to import such term or provision into this contract. To whatever extent any provision of this contract shall be inconsistent with any law or regulation limiting the power or liability of cities and towns, such law or regulation shall control.

12.3 The Contractor shall give all notices and comply with all laws and regulations bearing on the performance of the contract. If the Contractor performs the contract in violation of any applicable law or regulation, the Contractor shall bear all costs arising therefrom.

12.4 The Contractor shall keep itself fully informed of all existing and future State and Federal Laws and Municipal By-laws and regulations and of all orders and decrees of any bodies or tribunals having jurisdiction in any manner affecting those engaged or employed in the work, of the materials used in the work or in any way affecting the conduct of the work, if any discrepancy or inconsistency is discovered in the Drawings, Specifications or Contract for this work in violation of any such law, by-law, regulation, order or decree, it shall forthwith report the same in writing to the Owner. It shall, at all times, itself observe and comply with and shall cause all its agents, employees and subcontractors to observe and comply with all such existing and future laws, by-laws, regulations, orders and decrees; and shall protect and indemnify the Owner and its duly appointed agents against any claim or liability arising from or based on any violation whether by Contractor, its agents, employees or Subcontractors or any such law, by-law, regulation or decree.

13. Indemnification

a. The Contractor shall defend, indemnify, and hold harmless the Owner from and against any and all claims, damages, losses, and expenses, including attorney's fees, arising out of the performance of this Agreement when such claims, damages, losses, and expenses are caused, in whole or in part, by the acts, errors, or omissions of the Contractor or his employees, agents, subcontractors or representatives. Such obligation shall not negate, abridge, or reduce in any way any additional indemnification rights of the Owner, that otherwise may exist under statute or in law or equity.

b. Contractor assumes full responsibility for relations with any subcontractors employed directly or indirectly by the Contractor and the Contractor shall defend, indemnify, and save harmless the Owner from all demands made against the Owner by such subcontractor, such subcontractor’s agent or employee, or any person, as the result of such subcontractor’s work performed pursuant to this Agreement including but not limited to negligent acts, errors, or omissions that arise out of, result from, or are connected with the performance of this Agreement or any subsequent Agreement and is not otherwise subject to indemnifications under subparagraph “a” above.

c. The Contractor shall defend, indemnify, and hold harmless the Owner from any and all demands relating to wages, overtime compensation, or other employee benefits by employees employed directly or indirectly by the Contractor for work performed in connection with the work hereunder or required by state or federal law, including but not limited to Fair Labor Standards Act and Massachusetts Prevailing Wage Law.

d. The indemnification obligations of the Contractor shall not be limited in any way by any limitations on the amount or type of damages, compensations, or benefits payable by or for the Contractor under any federal or state law.

e. In the event of a breach of this Agreement by the Contractor, the Contractor shall pay the Owner all reasonable attorneys’ fees, costs and other litigation expenses incurred by the Owner in enforcing its rights as a result of said breach in addition to any damages for said breach.

14. Insurance

The Contractor shall purchase and maintain such insurance as will protect both the Owner and the Contractor from claims which may arise under the Agreement, including operations performed for the named insured by independent contractors and general inspection thereof by the named insured. In addition, the Contractor shall require its subcontractors to maintain such insurance. Coverage shall be provided for:

.1 claims under workers' or workmen's compensation, disability benefit and other applicable employee benefit acts;

.2 claims for damages because of bodily injury, occupational sickness or disease, or death of

Contractor's employees;

.3 claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees;

.4 claims for damages insured by usual personal injury liability coverage which are sustained

(1) by any person as a result of an offense directly or indirectly related to the employment of such person by the Contractor, or (2) by any other person;

.5 claims for damages, including damages to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom; and

.6 claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle.

.7 claims involving contractual liability applicable to the Contractor's obligations under Article 13.

The Contractor shall, at all times during the Contract, maintain in full force and effect: Employer's Liability, Workers' Compensation, Public…