Invitation_for_Bids_Central_Cemetery_Fence_9_28_26.pdf

TOWN OF DUNSTABLE

Invitation for Bids

Central Cemetery Fence Restoration and Painting Main and Westford Street, Dunstable, MA 01827

September 28, 2026

This document is issued electronically only. It is the responsibility of every bidder who receives this bid and all associated documents to check the Town of Dunstable Bid & RFP materials at www.dunstable-ma.gov for any addenda or modification to this solicitation, if they intend to respond.

http://www.dunstable-ma.gov/

INVITATION FOR BIDS

LEGAL ADVERTISEMENT

The Town of Dunstable is soliciting bids for the following services in accordance with Chapter 30, §39M, Massachusetts General Law.

"CENTRAL CEMETERY FENCE RESTORATION AND PAINTING"

The estimated value is $60,000. All contracts must be strictly awarded in accordance with the requirements of this Invitation for Bids. The Town of Dunstable has no discretion under the law to consider bids that fail to comply with those requirements, except for minor informalities as permitted by MGL. If it becomes necessary to revise any part of this IFB or otherwise provide additional information, an addendum will be issued to all prospective bidders who received copies of the original request.

Specifications and bid materials will be available on the Town of Dunstable website www.dunstable-ma.gov. Contact: Jason Silva, Town Administrator, Town Hall, 511 Main Street, Dunstable, MA 01827, telephone number (978) 649-4514, between the hours of 8:00 am and 4:00 pm, Monday through Friday, excluding holidays.

Sealed bids are due no later than Wednesday, October 21, 2026 at 4 PM and should be mailed or delivered to Jason Silva, Town Administrator, Dunstable Town Hall, 511 Main Street, Dunstable, MA 01827. All bids must be received by this date and time to be considered.

Prevailing wages as determined by the Department of Labor and Industries under the provisions of Massachusetts General Law c. 149, s.26 apply to this contract. A 50% payment bond is required based on the estimated value of $60,000 and must be submitted with the signed contract. A bid deposit of 5% of the value of the total bid is also required.

OSHA 10 certification to be submitted with bid and is required for any worker performing work on Town property. The Town of Dunstable reserves the right to reject any or all bids when it deems to be in the best interest of the Town. A contract award will be made by the Select Board within 60 days after the bid opening.

http://www.dunstable-ma.gov/

BID SUBMISSION REQUIREMENTS

1. Attention of all bidders is directed to Chapter 149 and Chapter 30, §39M of the General Laws of the Commonwealth of Massachusetts and to all other applicable sections of the General Laws as most recently amended which govern the award of this contract.

2. All sealed bids shall be submitted to the Town of Dunstable sent to Jason Silva, Town Administrator, Dunstable Town Hall, 511 Main Street, Dunstable, MA 01827 on or before Wednesday, October 21, 2026 at 4 PM.

3. Bids which are incomplete, conditional or obscure, or which contain additions not called for, will be rejected.

4. Bidders may correct, modify or withdraw the original bids on or before Wednesday, October 21, 2026 at 4 PM.

5. Any bid received after Wednesday, October 21, 2026 at 4 PM shall not be considered.

6. No award will be made to any bidder who cannot satisfy the Town of Dunstable that they have sufficient ability and experience in this class of work and sufficient capital and plant to enable them to complete the work successfully within the time named.

7. At the time of reviewing the bids, each bidder will be presumed to have inspected the site and to have read and to be thoroughly familiar with the areas and contract documents. The failure or omission of any bidder to examine any form, instrument, or document shall in no way relieve any bidder from any obligation in respect to their bid.

8. The contract will be awarded within sixty days after the actual bid deadline, subject to the availability of funds, to the responsible and eligible bidder offering the lowest total price for all required work as set forth in this IFB, provided the bid, in the opinion of the awarding authority, is reasonable and it is in the best interest of the Town of Dunstable to accept it.

9. Payment for services will be processed as noted in the Scope of Work under

Invoicing.

10. The bidder's attention is directed to the fact that all applicable State laws, Town Bylaws, and the rules and regulations of all authorities having jurisdiction over bid/purchase shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written out in full.

11. Each bidder must sign and submit a "Certificate of Non-Collusion" form and a "State Tax Certification" form with the bid sheet. (These forms are included in the bid documents).

12. If services of the bidder are subsequently deemed to be unsatisfactory to the

Town and are in violation of these specifications, the Town of Dunstable shall notify the said bidder in writing. If mutually agreeable arrangements cannot be achieved between the Town and the contractor, the contract will be terminated.

Notice of termination shall be in writing and notification will be sent by registered or certified mail. Termination will become effective three days after mailing said notification.

Term of Contract The term of this contract will be begin no later than October 27, 2026 and will end November 30, 2026. The contractor is expected to complete the scope of work described below on or before November 30, 2026. The November 30, 3026 completion deadline may be extended by mutual written agreement of the Town and the contractor.

The Town will provide a form of contract subject to modification prior to execution as deemed necessary by the Town.

Contract and Performance Specifications

Project Overview

The Town of Dunstable is seeking a qualified contractor to repair, selectively replace, prepare, prime, and paint approximately 750 linear feet of historic wood fencing at Central Cemetery. The purpose of the work is to restore the fence to a sound condition while preserving its historic design, materials, proportions, and appearance. All work is subject to review and acceptance by the Town and the Dunstable Cemetery Commission.

The Contractor shall furnish all labor, supervision, materials, tools, equipment, transportation, temporary protection, containment, cleanup, and disposal necessary to provide a complete project, whether or not every incidental item is expressly identified in this Scope of Work.

Existing Conditions and Estimated Quantities

The quantities below are estimates for bidding and comparison purposes. Bidders shall inspect the site and verify conditions before bidding. The Contractor shall take final field measurements before fabricating or ordering replacement components. It should be noted that the Town believes there are sections of the fence that will require lead paint remediation to successfully complete the work.

Component Estimated Quantity

Fence to be prepared and painted Approximately 750 feet

Wood pickets approximately 25 inches long Approximately 50 each

Front bottom boards approximately 5 1/2 inches wide Approximately 240 feet

Back bottom boards approximately 2 by 6 inches Approximately 30 feet

Cedar top boards or rails approximately 8 3/4 inches wide Approximately 165 feet

Boards beneath top boards 2 by 6 inches Approximately 20 feet

Loose or failed joints or unions above granite posts Approximately 40

The Contractor shall not perform work beyond the authorized quantities without prior written approval from the Town.

Required Work

1. Inspect the entire fence and identify deteriorated, damaged, loose, or missing components. Coordinate with the Town before removing or replacing any component and identify any variations between this scope of work and inspection findings.

2. Remove only those components approved by the Town for replacement.

Preserve sound historic material wherever and whenever possible.

3. Repair and securely refasten loose but re-usable components. Repair approximately 40 loose or failed joints or unions located above the granite posts.

4. Replace authorized deteriorated or missing components with wood components that match the existing fence in dimensions, profile, configuration, spacing, workmanship, and appearance.

5. Use heat-treated pine for replacement fence sections and components, except that replacement top boards or rails need to be cedar. All replacement wood shall be exterior grade and free from defects.

6. Remove loose, peeling, cracked, or failed paint by methods appropriate for historic woodwork. Clean and scrape, and otherwise prepare surfaces to provide a clean, dry, sound surface for priming and painting.

7. Prime all exposed bare wood, repaired areas, and replacement wood with the approved oil-based exterior wood primer. Prime replacement pieces before installation where surfaces will become inaccessible.

8. Apply the approved exterior finish paint in the color and sheen selected by the

Town. Apply not fewer than two finish coats and any additional coats required for a uniform, fully covered finish consistent with the manufacturer's written instructions.

9. Paint all exposed faces, edges, ends, joints, and accessible surfaces. Completed work shall be free of runs, drips, marks, overspray, missed areas, and surface defects.

10. Protect granite posts, monuments, markers, graves, vegetation, and property throughout the work.

11. Collect and remove paint chips, deteriorated wood, containers, and all project debris daily. Legally dispose of all waste and leave the site clean and restored upon completion.

Historic Preservation Requirements

All work shall preserve the historic character of the fence. Before fabrication or installation, the Contractor shall obtain the Town's approval of each type of replacement component. Replacement components shall:

• Be constructed of wood only;

• Match the corresponding original component in size, shape, profile, spacing, and visible appearance;

• Replicate existing decorative and construction details; and

• Be installed without altering the historic configuration of the fence or damaging the granite posts.

Any non-wood replacement materials are not permitted. Removal of sound historic material for convenience is not permitted.

Painting and Primer Requirements

The basis-of-design products are Benjamin Moore oil-based exterior wood primer and Benjamin Moore exterior finish paint, or approved equals. The identification of Benjamin Moore establishes the minimum standard of quality and is not intended to restrict competition or require a proprietary product.

A proposed equal shall be at least equal to the basis-of-design product in quality, durability, appearance, adhesion, weather resistance, service life, suitability for historic exterior wood, and compatibility with the existing substrate and the complete coating system. The primer and finish coats shall be compatible products approved by their manufacturer for use together.

A bidder proposing an equal product shall identify it in the bid and provide manufacturer, product name and number, technical data sheets, safety data sheets, application requirements, and other information reasonably requested by the Town. The Town shall determine whether a proposed product is equal. Approval of an equal does not relieve the Contractor from meeting any requirement of the Contract Documents. No product substitution may be made after award without the Town's prior written approval.

The final paint color and sheen shall be selected or approved by the Town before materials are ordered. Coatings shall be applied in accordance with the manufacturer's written instructions, including requirements for surface moisture, temperature, weather conditions, drying time, and recoating.

Nails

All new nails shall be stainless steel and appropriate for the wood species and application. Nails shall be installed to prevent staining, corrosion, splitting, loosening, and paint bleed-through. Exposed fasteners shall be located and finished to match the historic work.

Submittals and Test Section

Before work begins, the Contractor shall submit the following for the Town's review:

• Product data for proposed wood, nails, primer, finish paint, and related materials;

• A sample, detailed photograph, or shop drawing for each proposed replacement component;

• Paint color and sheen samples;

• The proposed surface-preparation and paint-containment methods; and

• Any proposed equal products and supporting equivalency documentation not previously submitted with the bid.

The Contractor shall complete a representative test section showing the proposed preparation, repair, priming, and finish painting. Full-scale work shall not proceed until the Town accepts the test section.

Site Protection and Operations

The cemetery will remain in use during the project. The Contractor shall coordinate its schedule with the Town, maintain safe access, and promptly comply with any direction to suspend or relocate work to accommodate cemetery activities. Work areas, materials, and equipment shall be secured and safe at the end of each workday.

The Contractor shall not disturb graves, monuments, markers, granite posts, landscaping, or other cemetery property. Damage caused by the Contractor shall be reported immediately and repaired or replaced at the Contractor's expense to the Town's satisfaction.

Environmental and Safety Requirements

Because of the age of the fence, existing paint coatings may contain lead. Unless testing accepted by the Town establishes otherwise, the Contractor shall treat the coatings as potentially lead-containing and comply with all applicable federal, state, and local requirements governing worker protection, public protection, containment, collection, handling, transportation, and disposal.

Surface preparation shall use effective ground and adjacent-surface containment. Paint chips, dust, and debris shall not be permitted to enter the cemetery grounds.

Uncontrolled dry scraping, sanding, or abrasive blasting are prohibited. The Contractor is responsible for all required licenses, permits, training, safety measures, and documentation applicable to its work.

Discovery of Additional Deterioration

If hidden deterioration or damage beyond the estimated quantities is discovered, the Contractor shall stop the affected work, protect the area, and notify the Town. Additional work shall not proceed without written authorization. Any change to the scope of work or on-site conditions requires a written change order approved by the Town before performance.

Inspection and Acceptance

The Town may inspect the work at any time. The Contractor shall correct rejected materials or workmanship at no additional cost. Before final acceptance, the Contractor shall complete all punch-list items, remove temporary protection and equipment, clean the site, and provide any warranties and closeout documents required by the Contract Documents.

Warranty

The Contractor shall provide a warranty for labor and materials for one year from the Town's written final acceptance. The warranty shall cover defective workmanship, loose or failed repairs, premature coating failure, peeling, blistering, and failure of replacement materials, excluding damage caused by abuse, vandalism, or conditions outside the Contractor's control. Warranty corrections shall be completed promptly and at no additional cost to the Town.

Basis of Bid and Payment

The bid shall include a lump-sum price for mobilization, protection, surface preparation, priming, and finish painting of approximately 750 linear feet of fence. Any change to the scope of work or on-site conditions requires a written change order approved by the Town before performance.

Each unit price shall include removal, fabrication, materials, installation, fastening, preparation, priming, painting, containment, cleanup, disposal, overhead, and profit.

Payment shall be based on accepted work and the actual quantities authorized and completed.

General requirements

Work is expected to be performed between the hours of 8:00 AM and 5:00 PM, Monday thru Friday, unless otherwise approved by the Town of Dunstable.

The contractor must ensure their work does not interfere with the Dunstable Cemetery Department operations and services.

If the contractor finds upon examination of or after starting the work that the work will be more extensive than scope of work as described in this IFB, they should contact the Town within 24 hours for authorization to proceed.

Where required by law, contractors must possess a valid license/registration to perform services in the Commonwealth of Massachusetts. A copy of any required license/ registration must be submitted with the bidder’s response.

Contractors must have at least three (3) year of relevant experience in their particular trade(s) prior to responding to this bid.

Any and all work performed throughout the duration of the contract must be guaranteed by the contractor to be completed in a workmanship-like manner and according to applicable codes and industry-accepted standards. The contractor will supply all labor, equipment, materials, parts and supplies necessary to complete the project. The contractor will be responsible for securing any and all necessary permits required prior to commencing work on any job.

The work solicited through this IFB is subject to the Massachusetts Prevailing Wage Laws. Applicable Prevailing Wage Rates are issued with this IFB. These will become a part of any contract resulting from this IFB. These wage rates will be valid for the duration of the contract. It is the responsibility of the contractor to adhere to the Prevailing Wage Laws and all requirements. The contractor must submit a copy of the certified payroll at the conclusion of the project.

All work is to be quality work and shall be performed according to the standards of the industry and according to the plans, directions and instructions as presented by the authorized representative of the Town of Dunstable and must meet all state and town

Building Codes.

The Contractor shall only use trained and licensed personnel who are directly employed and supervised by the Contractor. The Contractor shall not subcontract or sublet any portion of the work without the approval of the Town.

The Town of Dunstable reserves the right to inspect any and all work performed and in progress under this contract. Any omission or failure on the part of the Town of Dunstable’s representative to disapprove or reject inferior or defective work or materials shall not be construed to be an acceptance of such work or material. If any defective work or material is found during inspection, the contractor shall remove or repair, at their own expense, such defective work or material rejected and shall rebuild and/or replace it without extra charge.

The Contractor warrants that, unless otherwise specified, all materials and equipment, incorporated in the work under the Contract shall be new, first class, and in accordance with the Contract Documents. The Contractor further warrants all workmanship shall be first class and in accordance with the Contract Documents and shall be performed by persons qualified in their respective trades. Work not conforming to these warranties shall be deemed unacceptable and will not be paid.

It is the Contractor’s responsibility to clean up the work area after each work day, and remove from the premises any rubbish, which may have come about as a result of the project.

A 50% payment bond is required based on the estimated value of $60,000 and must be submitted with the signed contract. A bid deposit of 5% of the value of the total bid is also required.

Invoicing Contractor must pay prevailing wage rates which are attached.

Full payment will be made upon completion of the work, and the submission of an invoice by the contractor accompanied by the certified payroll.

Questions

All inquiries regarding this invitation shall be directed to the Town Administrator’s Office in writing: Jason Silva, Email – jsilva@dunstable-ma.gov.

Rule for Award

(a) The contract will be awarded to the responsible and eligible bidder (as defined in M.G.L. c. 30 §39M) offering the lowest total price for all required work as set forth in this IFB, provided the bid, in the opinion of the awarding authority, is reasonable and it is in the best interest of the Town of Dunstable to accept it.

mailto:jsilva@dunstable-ma.gov

(b) The term “lowest responsible and eligible bidder” shall mean the bidder: (1) whose bid is the lowest of those bidders possessing the skill, ability and integrity necessary for the faithful performance of the work; (2) who shall certify that he is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed in the work; (3) who shall certify that all employees to be employed at the worksite will have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health Administration that is at least 10 hours in duration at the time the employee begins work and who shall furnish documentation of successful completion of said course with the first certified payroll report for each employee; (4) who, where the provisions of section 8B of chapter 29 apply, shall have been determined to be qualified thereunder; and (5) who obtains within 10 days of the notification of contract award the security by bond required under section 29 of chapter 149;

provided that for the purposes of this section the term “security by bond” shall mean the bond of a surety company qualified to do business under the laws of the commonwealth and satisfactory to the awarding authority; and provided further, that if there is more than 1 surety company, the surety companies shall be jointly and severally liable. [M.G.L. c.30, §39M(c)].

(c) The Town reserves the right to conduct its own investigation to verify whether a bidder is responsible and eligible.

PRICE QUOTE FORM

Proposers must submit pricing in accordance with the following instructions. The pricing is to cover all work/services required for this project as outlined in this IFB. Bid prices must be all-inclusive, including all costs, fees, charges, expenses, travel, postage, fax and telephone charges, preparation of reports, electronic data, training sessions and all meeting attendance and presentations, etc. No separate fees or costs of any kind will be paid other than the stated bid price.

The selected firm agrees to perform all services as required in this REQUEST during the life of this contract.

Total Bid Price for: $_____________

Proposers must indicate the staff that will be involved with this project who the lead person will be (the person that the town will have contact with).

Company Information

Full Legal Name_________________________________________________________

Business Mailing address _________________________________________________

Telephone Number: _____________________ Email: __________________________

Federal Identification Number Type Name of Person Signing Proposal

Date______________________________ ________________________________

Signature

Title__________________________________________________________________

Street Address City, State, Zip

REFERENCES

All bidders must supply 3 references with whom the bidder has done business within the last twelve (24) months.

Name: ___________________________________

Phone #: _________________________________

Address: _________________________________

Name: ___________________________________

Phone #: _________________________________

Address: _________________________________

Name: ___________________________________

Phone #: _________________________________

Address: _________________________________

COMPANY NAME: ______________________________________________________

SIGNATURE: __________________________________________________________

OSHA Training Certification of contractors

As of July 1, 2006, the Town of Dunstable will comply with the amended MGL chapter 30 section 39s “Contracts for Construction: Requirements” as follows.

The Town of Dunstable in all bids and contracts that fall under the application of this law, as amended, will require bidders and/or contractors to comply with the requirements of certifying that they and their employees have complied with MGL chapter 30 section 39s. This law requires successful completion of a 10-hour OSHA safety training course prior to working on the Town’s worksite or in the work subject to the bid or contract.

The Town will require proper certification due upon contract signing. It is expected that the contractor, by signing the certification form provided with the bid is fully meeting the language of the law, as amended, and that they are accepting the responsibilities to comply with the law for the full term of the work.

The Town of Dunstable will pay certified payrolls that are deemed complete. The statute indicates that with the first certified payroll submitted to the Town, documentation must be provided that each employee on the payroll documents submitted to the Town has successfully completed the OSHA training.

Any employee who’s name does not appear on the first certified payroll must submit certification with the first payroll they do appear on. Failure to provide full documentation may result in a delay in payment to the vendor as the packet submitted for payment would be determined to be incomplete.

Any employee found on a worksite subject to this section without documentation of successful completion of a course in construction safety and health approved by the United States Occupational Safety and Health Administration that is at least 10 hours in duration shall be subject to immediate removal.

This certification requirement will go into effect for any bids received or contracts awarded after July 1, 2006 in accordance with MGL 30 39s as amended by Chapter 306 of the Acts of 2004.

CERTIFICATION OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

(OSHA) TRAINING

In accordance with Massachusetts General Law 30: Section 39S, as amended by Chapter 306 of the Acts of 2004, effective 7/1/06, for all contracts for the construction, reconstruction, alteration, remodeling or repair of any public work or the construction, reconstruction, installation, demolition, maintenance or repair of any public building estimated to cost more than $10,000, the Contractor hereby certifies to the following:

(1) that he is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed in the work; (2) that all employees to be employed at the worksite will have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health Administration that is at least 10 hours in duration at the time the employee begins work and who shall furnish documentation of successful completion of said course with the first certified payroll report for each employee; and (3) that all employees to be employed in the work subject to this bid have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health Administration that is at least 10 hours in duration.

(a) Any employee found on a worksite subject to this section without documentation of successful completion of a course in construction safety and health approved by the United States Occupational Safety and Health Administration that is at least 10 hours in duration shall be subject to immediate removal.

(b) The attorney general, or their designee, shall have the power to enforce this section including the power to institute and prosecute proceedings in the superior court to restrain the award of contracts and the performance of contracts in all cases where, after investigation of the facts, they have made a finding that the award or performance has resulted in violation, directly or indirectly, of subsection (b), and they shall not be required to pay to the clerk of the court an entry fee in connection with the institution of the proceeding.

The undersigned hereby certifies under the penalties of perjury to the above:

Company: ___________________________________________________

Authorized Signature: __________________________________________

Print Name: __________________________________________________

Title: ________________________________________________________

Date: ________________________________________________________

Telephone: ___________________________________________________

Certificate of Non-Collusion

The undersigned certifies under penalty of perjury that this bid or proposal has been made and submitted in good faith and without collusion or fraud with any other person.

As used in this certification, the word “person” shall mean any natural person, business, partnership, corporation, union, committee, club or other organization, entity, or group of individuals.

Signature of person signing bid or proposal

Printed Name of person and title

Company name

Date

Revenue Enforcement and Protection Certification (REAP)

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

ENTITY NAME:

By: ____________________________________ ___________________________

Authorized signature Date

Name of person signing above (type/print)

Business address

Telephone Number

SOMWBA Certification

Date of Certification by State Office of Minority and Women Business Assistance

(SOMWBA)

Authorized Signature Date

Printed Name

PAYMENT BOND

[Required for Building and Public Works Projects over $25,000]

PROJECT:

PROJECT LOCATION:

TOWN:

KNOW ALL PERSONS BY THESE PRESENTS:

That we, ______________________________________________________________ as Principal, and

Surety, are held and firmly bound unto the Town, as Obligee, in the sum of

___________________________________________ Dollars, (words)

(figures) to be paid to the Obligee, for which payments, well and truly to be made, we bind ourselves, our respective heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

Whereas, the said Principal has made a Contract with the Obligee, bearing the date of

______________________, 20___, for the completion of the Project.

The conditions of this obligation are such that, if the Principal and all Subcontractors under said Contract shall pay for all labor performed or furnished and for all materials used or employed in said Contract and in all duly authorized modifications, alterations, extensions of time, changes, or additions to said Contract that may be made, notice to the Surety of such modifications, alterations, extensions of time, changes, or additions being hereby waived, the foregoing to include any other purposes or items set out in, and to be subject to, provisions of M.G.L. c.30, §39A, and M.G.L. c.149, §29, as amended, then this obligation shall become void; otherwise, it shall remain in full force and virtue.

In witness whereof, the Principal and Surety have set their hands and seals this

_______________ day of _______________________________, 20___.

PRINCIPAL SURETY

(Name and Seal) (Attorney-in-Fact – Seal)

(Title)

Attest: Attest:

The rate for this Bond is _______________% for the first $___________________ and

________________% for the next $__________________. The total Premium for this

Bond is $__________________.

CONTRACT FOR BUILDING IMPROVEMENTS/MAINTENANCE/REPAIRS

This contract (“Contract”) is entered this _____day of ______________, 20__, by and between the TOWN OF DUNSTABLE, a duly organized Massachusetts municipal corporation with a business address of 511 Main Street, Dunstable MA 01827 (the “Town”), and

__________________ with a business address of ________________ (the “Contractor”).

WHEREAS, the Town solicited written responses from contractors through a public notification process in accordance with the procedures set forth in M.G.L. c. 149, § 44A(2)(B) for the completion of repairs to the Town’s ___________________ located at _________________, Dunstable, Massachusetts (the “Project”);

WHEREAS, the Contractor submitted a quote to complete the Project that was acceptable to the

Town; and

WHEREAS, by entering this Contract, the Contractor represents to the Town that it has the skill, qualifications, experience, equipment and manpower necessary to complete the Project in accordance with the terms and requirements set forth herein.

NOW THEREFORE, in consideration of the mutual exchange of promises set forth below and for other good and valuable consideration, the Town and the Contractor hereby agree as follows:

1. Scope of Work: The Contractor shall perform all work required for the Project set forth in the project description attached as Exhibit A.

2. Commencement and Completion of the Project: The Contractor shall commence work under this Contract not later than ___________________ after the date of this Contract, set forth above, but in no event later than ______________ (the “Date of

Commencement”), unless an alternative date is approved in writing by the Town. The

Contractor shall obtain Substantial Completion of the Project within

________________ after the Date of Commencement. Time is of the essence for the completion of the Project.

3. Contract Sum:

a. The Town shall pay the Contractor, in current funds, for the performance of the work, subject to Additions and Deductions by approved Change Order(s) (if any), the

Contract Sum of ______________________ Dollars ($_____________).

b. The amount stipulated as the Contract Sum shall represent the maximum amount payable by the Town for all costs associated with the completion of the Project, including but not limited to applications for all required building and occupancy permits, although the Town shall waive municipal fees for such permits.

4. Appropriation: This Contract is subject to an appropriation being available therefore.

5. Payment:

a. The Contractor shall submit a written invoices on a weekly basis and every invoice shall indicate the work completed and the percentage of work outstanding. The

Contractor shall supply any additional information as may reasonably be required by the Town to clarify, substantiate or otherwise explain the work completed or the amount payable.

b. The Town shall retain 5% of the sum payable until the terms of the Contract are complete and accepted by the Town, per M.G.L. c. 30, § 39K.

6. Insurance:

a. Prior to commencing any work, the Contractor shall deliver to the Town/Town evidence of insurance coverage in the amounts set forth in the Bidding Documents or, if not so specified, as follows:

i. General Liability with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate written on an occurrence basis.

ii. Auto Liability (including owned, hired and non-owned autos): $1,000,000 combined single limit (each accident).

iii. Excess Liability: $2,000,000 minimum limits in excess of underlying limits.

The umbrella shall be no more restrictive than underlying coverage.

iv. Worker's Compensation and Employer's Liability per Commonwealth of

Massachusetts statutory limits.

b. The Contractor shall provide the Town with suitable evidence of the required insurance coverage prior to commencement of any work. This insurance shall be written by a company licensed to do business in the state of Massachusetts with a minimum A.M. Best rating of A- VII. Each policy shall provide for written notification to the Town at least thirty (30) days prior to termination, material change or restrictive amendments. The coverage's and limits are to be considered minimum requirements under this contract and in no way limit the liability of the Contractor.

7. Standard of Performance: The work performed under this Contract shall be rendered in conformity with the standards of the trade and shall be professional and of the highest fabrication and installation quality in all respects. Substandard fabrication and installation quality shall be deemed a breach of this Contract.

8. Safety Standards: The Contractor acknowledges that the Project involves a public building and the work on the Project will take place during hours when employees of the

Town and members of the public use the building. The Contractor shall provide protection to the Town’s employees and members of the public at all times while performing work on the Project in accordance with OSHA regulations, and shall contact the Town’s Police Department if any public safety details protection may be necessary.

9. Guarantees:

a. The Contractor guarantees the work under this Contract and the materials furnished by it for use in connection therewith to be free from defects or flaws for one year after the completion of the Contract. It is expressly understood, however, that this guarantee provision shall not absolve the Contractor from any liability to the Town arising out of a failure to substantially comply with the terms of the Contract.

b. If at any time within said guaranty period, any part of the work constructed under the terms of this Contract shall in the opinion of the Town require repair due to defective work or materials furnished by the Contractor, the Town may notify the Contractor in writing to make the required repairs. If the Contractor shall neglect to start such repairs within ten days of the date of receipt of notice thereof and to complete the same to the satisfaction of the Town with reasonable dispatch, then the Town may employ other persons to make such repairs. The Town shall charge the expense thereof to the Contractor and may use any moneys still retained to pay for the same, and if such sum is insufficient, the Contractor shall be obligated to pay the balance thereof.

10. Indemnification: Notwithstanding the availability and policy limits of any insurance, the

Contractor hereby agrees to defend, indemnify and hold harmless, including attorneys fees, the Town, its officers and employees ("Indemnified Parties") against any claims made or legal actions brought against an Indemnified Party(ies) by any person or entity as a result of or arising from injuries, damages, expenses and losses actually or allegedly incurred by such a person or entity ("Liabilities") arising out of or relating to the

Contractor’s performance or failure to perform pursuant to this Contract, except where the

Liabilities are the result of the Indemnified Party's own direct and sole negligence. This obligation shall survive the termination, completion or expiration of this Contract. The

Contractor shall promptly notify the Town of any claim or action brought in connection with this Contract and thereupon shall promptly take over and defend any such claim or action.

11. Payment Bond: The Contractor shall obtain and deposit with the Town a Payment Bond equal to [fifty/one hundred] percent (50%/100%)] of the total contract amount on a form prescribed by the Town. [AT LEAST 50% REQUIRED IF COST OVER $25K]

12. Performance Bond: The Contractor shall obtain and deposit with the Town a Performance

Bond equal to one hundred percent (100%) of the total contract amount on a form prescribed by the Town. [OPTIONAL]

13. Remedies of the Town:

a. If the Contractor shall provide services in a manner which are not to the satisfaction of the Town, the Town may request that the Contractor redo the work at no additional cost to the Town until approved by the Town. If the Contractor shall fail to provide such services or shall provide services which are not satisfactory to the Town, in the alternative, may make any reasonable purchase or contract to purchase services in substitution of those due from the Contractor. The Town may deduct the cost of any substitute contract or nonperformance of services together with incidental and consequential damages from the contract price and shall withhold such damages from sums due to become due. If after reasonable effort, the Town is unable to make any reasonable purchase or contract in substitution thereof, the Town may require the

Contractor to deliver all completed work to date.

b. If the damages sustained by the Town as determined by the Town exceed sums due or to become due, the Contractor shall pay the difference to the Town upon demand.

14. Post-Completion: Upon the completion of the Project, the Contractor shall at his own expense remove all equipment, temporary Contractor’s buildings and sheds, fencing, rubbish and waste material in and about the area that has been worked and he shall leave the premises and the work performed all in a neat and proper condition.

15. Schedule: Before commencing the Project, the Contractor shall, if required, submit a schedule of operations for approval by the Town. The schedule shall show the methods and order of operations that the Contractor proposes to use. The approval of the schedule by the Town shall not be construed as relieving the Contractor from any responsibility.

16. Unanticipated Delay: Should the Contractor be obstructed or delayed in the prosecution of the work by any act or neglect on the part of the Town, or as a result of damage which may be caused by lightning, earthquake, rain, storm, or cyclone, then the time fixed for completion may be extended for a period equivalent to the time lost by reason of any of the foregoing causes. No such extension shall be made unless a claim therefor is presented in writing to the Town within forty-eight hours of the occurrence of such delay.

The Contractor shall have no claim against the Town for damages on account of such delay. The duration of the extension itself must be certified in writing by the Town.

17. Contract Documents: The following, together with this Contract, form the Contract and all are as fully a part of the Contract as if attached to this Contract or herein repeated: the written solicitation for quotations/proposals/bids, the Contractor’s response to the solicitation, all documents submitted by the Contractor including all completed forms, the

Statutory Provisions for Public Construction in Massachusetts attached as Exhibit B, and project description attached as Exhibit A.

18. Termination:

a. If the Contractor shall be adjudged a bankrupt, or if he shall make a general assignment for the benefit of his creditors, or if a receiver of his property shall be appointed, or if the work to be done under the Contract shall be abandoned, or if the

Contract or any part thereof shall be sublet without the previous written consent of the

Town, or if the Contract or any claim thereunder shall be assigned by the Contractor otherwise than as herein specified, or if at any time the Town’s Town Administrator shall be of the opinion that the work, or any part thereof, is unnecessarily or unreasonably delayed, or that the Contractor has violated any of the provisions of the

Contract, the Town’s Town Administrator, for and in behalf of the Town, may notify the Contractor to discontinue all work, or any part thereof; and thereupon the

Contractor shall discontinue such work or such part thereof as the Town’s Town

Administrator may designate, remove his equipment, tools, supplies and materials as the Town’s Town Administrator directs, and the Town may thereupon, by contract or otherwise, as it may determine, complete the work, or such part thereof, and charge the entire expense of so completing the work or any part thereof to the Contractor.

b. If the Town’s Town Administrator shall certify by written notice to the Contractor that the rate of progress is not satisfactory, the Town may, instead of notifying the

Contractor to discontinue all of the work or any part thereof, notify him from time to time to increase the force, equipment and plant, or any of them, employed on the whole or any part of the work, stating the amount of increase required. Unless the

Contractor shall, within five days after such notice, increase his force, equipment and plant to the extent required therein, and maintain and employ the same from day to day until the completion of the work or such part thereof, or until the conditions of the work or such part thereof, or until the conditions as to the rate of progress shall, in the opinion of the Town’s Town Administrator, be fulfilled, the Town may employ and direct the labors of such additional force, equipment and plant as may, in the opinion of the Town’s Town Administrator, be necessary to insure the completion of the work or such part thereof within the time specified or at the earliest possible date thereafter, and charge the expense thereof to the Contractor. Neither the notice from the Town’s Town Administrator to the Contractor to increase his force, equipment or plant nor the employment of additional force, equipment or plant by the Town shall be held to prevent a subsequent notice to the Contractor from the Town to discontinue the work under the provisions of the preceding portion of this section.

c. All expenses charged under this section shall be deducted by the Town out of moneys then due or to become due the Contractor under this Contract, or any part thereof. In such accounting the Town shall not be obligated to obtain the lowest figures for the work of completed the Contract or any part thereof, or for insuring its proper completion, and all sums actually paid by the Town shall be charged to the

Contractor. If the expense so charged is greater than the sum which would have been payable under the Contract, if the same had been completed by the Contractor, then the Contractor shall pay the amount of the excess to the Town upon completion of the work and without further demand being made therefor.

d. This contract may be terminated at any time for the convenience of the Town at the option of the Town by delivering or mailing to the Contractor at the Contractor’s business address a written notice of termination setting forth the date, not less than seven (7) days after the date of such delivery or mailing; when such termination for convenience occurs, the Contractor shall be compensated for all services rendered to the effective date of said termination in accordance with the rates of compensation specified in this contract.

e. The Contractor shall not be relieved of liability to the Town by virtue of any termination of this Contract and any claim for damages against the Contractor relating to the Contractor’s performance under this Contract shall survive any termination hereunder.

19. Authority to Authorize Change Orders and Adjustments: The Contractor shall perform all the work required in conformity with the plans and specifications provided by the

Town. This Contract may be amended only by a written Change Order, mutually agreed upon and duly executed by the parties hereto. No modifications, waiver or alternation of the Contract or any term herein shall be enforceable unless it is in writing, as a Change

Order, and duly executed by both the Town and the Contractor. An executed Change

Order shall constitute a final settlement of all matters relating to the change in the work that is the subject of the Change Order.

20. Assignment: The Contractor shall not assign, subcontract, or in any way transfer any interest in this Contract without the prior written consent of the Town.

21. Massachusetts Law: This Contract shall be construed in accordance with and shall be governed by the laws of the Commonwealth of Massachusetts. Wherever applicable law mandates the inclusion of any term into a contract for the Project, this Contract shall be deemed to include such term or. To whatever extent any provision of this Contract shall be inconsistent with any law or regulation limiting the power or liability of cities, towns and/or Towns, such law or regulation shall control.

22. Prevailing Wages: This Contract is subject to the Massachusetts Prevailing Wage Statute, M.G.L. c. 149, § 27 and the Contractor shall pay applicable wages as set forth in the schedule of wages included in the Bidding Documents.

23. REAP Certification: Pursuant to M.G.L. c. 62C, § 49A, the individual signing this

Contract on behalf of the Contractor certifies, under the penalties of perjury, that, to the best of his/her knowledge and belief, the Contractor has complied with all laws of the

Commonwealth of Massachusetts relating to taxes, reporting of employees and contractors, and withholding and remitting child support.

24. Conflict of Interest: The Contractor’s attention is called to M.G.L. c. 268A. The

Contractor shall not act in collusion with any Town officer, agent, employee, or any party regarding this Contract, nor shall the Contractor make gifts regarding this Contract or any other matter in which the Town has a direct or substantial interest.

25. Independent Contractor: The Town and the Contractor intend that the relationship established between them pursuant to this Contract shall be that of client and independent contractor. No agent, employee, or servant of the Contractor shall be or shall be deemed to be an employee, agent or servant of the Town. For the limited purposes of M.G.L. c.

268A, the Contractor shall be considered a “municipal employee.”

26. Liability of Public Officials: To the full extent permitted by law, no official, employee, agent or representative of the Town shall be individually or personally liable on any obligation of the Town under this contract.

27. Notices: All notices under this Contract shall be in writing and shall be deemed received

(i) upon delivery in hand, (ii) one business day after being sent by reputable overnight delivery or courier service providing for receipted delivery, or (iii) two business days after being sent by certified or registered mail, return receipt requested, postage prepaid, or (iv) the same business day after being sent by facsimile with confirmation of receipt;

and addressed as follows:

To the Town:

Town…