Invitation_for_Bids_Wells_Larter_Field_6_11_24.pdf

TOWN OF DUNSTABLE

Invitation for Bids

Replacement of Irrigation Wells at

Larter Field 80 Groton Street, Dunstable, MA 01827

June 12, 2024

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.

"REPLACEMENT OF IRRIGATION WELLS AT LARTER FIELD"

The estimated value is Not to Exceed $11,940.00. 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, beginning immediately, between the hours of 8:00 am and 4:00 pm, Monday through Friday, excluding holidays.

Bids are due no later than Friday, July 19 at 4 PM and should be sent to Jason Silva at jsilva@dunstable-ma.gov. 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.

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 within 30 days after the bid opening.

http://www.dunstable-ma.gov/ mailto:jsilva@dunstable-ma.gov

BID SUBMISSION REQUIREMENTS

1. Attention of all bidders is directed to 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 bids shall be submitted to the Town of Dunstable sent to Jason Silva, Town

Administrator at jsilva@dunstable-ma.gov on or before Friday, July 19 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 Friday, July 19 at 4 PM.

5. Any bid received after Friday, July 19 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 thirty 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 August 16, 2024 and will end October 18, 2024. The contractor is expected to complete the scope of work described below on or before September 27, 2024.

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

Contract and Performance Specifications

SCOPE OF WORK

Larter Field hosts sporting events and activities, and residents use the field for walking, riding bikes, roller blading, running their dogs, and other recreational activities. It’s one of the busiest and most popular gathering places in town.

The Field relies on 7 shallow point wells to supply water to its irrigation system. Each of the wells are approximately 30 feet deep. Last year, 5 of the 7 wells were renovated.

This project will replace the last two remaining wells.

Summary of Project and Requirements:

• Mobilize site and disconnect existing pump.

• Remove the existing well.

• Install a new stainless steel well screen and 2” pipe, and packer assembly.

• Reconnect and prime existing pump.

• Flush well and put into service.

• Ensure system is online, with all 7 wells and pumps functioning properly and servicing the irrigation system adequately.

Work is expected to be performed between the hours of 7:00 AM and 5:30 PM, Monday thru Friday, unless otherwise approved by the Town of Dunstable.

The contractor must work with the Recreation and Parks Commissions to ensure their work does not interfere with field use. Use of the field and its facilities will occur while work is taking place.

If the contractor finds upon examination of or after starting the work on the irrigation wells at Larter Field, 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.

Standard hours of work shall be Monday-Friday 7:00 am until 5:30 pm.

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 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.

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 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.

(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.

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: __________________________________________________________

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

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

CONTRACT FOR PUBLIC WORKS IMPROVEMENTS

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”). The

Town and the Contractor are together the “Parties” and individually a “Party.”

WHEREAS, in accordance with MGL c. 30, §39M, the Town publicly solicited for bids for the completion of “_______________________________________________________” (the

“Project”);

WHEREAS, the Contractor submitted a bid 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, 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 provide all labor, materials and equipment and perform all work required by the plans and specifications entitled:

“_______________________________________,” dated __________, 20___ and attached hereto as Exhibit A.

2. Commencement and Completion of the Project: The Contractor shall commence work under this Contract within five days from the date of execution of this Contract (the date of Commencement). The Contractor shall obtain Substantial Completion of the

Project within ____________ (__) days from the date of Commencement. Time is of the essence for the completion of the Project.

3. Contract Sum: 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

(words)

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

5. Payments and Retainage (MGL c. 30, §39F and §39G). The Contractor shall submit written invoices on a [weekly/monthly] 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 Owner to clarify, substantiate or otherwise explain the work completed or the amount payable. The Town shall make periodic payments to the Contractor in accordance with the provisions of

MGL c. 30, §39G. Periodic payments shall be subject to retainage of 5% of the approved amount of any periodic payment and any other deductions permitted or required by law.

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 public property.

The Contractor shall provide protection to 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. 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.

13. 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.

14. 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.

15. 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.

16. The 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 Advertisement of the Invitation for Bids, the Bidding Documents, including the

Contractor’s completed Bid Form, the Contract Forms, the Statutory Provisions for

Public Construction in Massachusetts (attached as Exhibit B) and the plans and specifications attached as Exhibit A.

17. 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.

18. 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.

19. 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.

20. 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.

21. 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.

22. 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.

23. 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.

24. 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.”

25. 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.

26. 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 Administrator

511 Main Street

Dunstable MA 01827

To the Contractor:

27. Entire Contract: This Contract constitutes the entire Contract between the parties with respect to the matters addressed herein.

[Signatures on Next Page]

EXECUTED by the parties and effective as of the date first written above.

TOWN OF DUNSTABLE _______________________

By: ________________________________

Town Administrator, Duly Authorized by

Vote of the Dunstable Board of Selectmen on

By: ________________________________

Name:

Title:

[Attach evidence of Authority]

Certification Pursuant to M.G.L. c. 44, § 31C:

Funds for this Contract are available in Account No. _________________

By: _____________________________

EXHIBIT A

PROJECT DESCRIPTION

EXHIBIT B

STATUTORY PROVISIONS FOR

PUBLIC CONSTRUCTION CONTRACTS IN MASSACHUSETTS

The following provisions are required by or are intended to be consistent with requirements of

Massachusetts statutes governing public construction contracts in the Commonwealth of Massachusetts

(hereinafter referred to as the "Commonwealth"). Any other provisions required by statute to be included herein shall be deemed to be so included. In addition, the parties recognize that other rights, duties, and obligations with respect to public construction contracts are provided for by statute, notwithstanding the fact that they are not provided for in the Contract.

In case of conflict between the provisions of these Statutory Provisions and other provisions in the Contract, the provisions of these Statutory Provisions shall govern. In case of conflict between the provisions of these Statutory Provisions and the provisions of any applicable statute, the statutory provisions shall govern.

Where the terms "Awarding Authority” or “Contracting Authority” appear in the following paragraphs, it shall be taken as meaning the Town. Where the term "General Contractor” appears in the following paragraphs, it shall be taken as meaning the Contractor.

ARTICLE I - PAYMENT, CONTRACT ADMINISTRATION, etc.

1.1 Specifications – “or equal” (Statutory reference: c. 30, §39M). Where products or materials are prescribed by manufacturer name, trade name, or catalog reference, the word "or approved equal" shall be understood to follow. An item shall be considered equal to the item so named or described if, in the opinion of the Architect:

a. it is at least equal in quality, durability, appearance, strength and design;

b. it performs at least equally the function imposed in the general design for the

Work; and

c. it conforms substantially, even with deviations, to the detailed requirements for the items as indicated by the specifications.

Any structural or mechanical changes made necessary to accommodate substituted equipment under this paragraph shall be at the expense of the Contractor or Subcontractor responsible for the Work item. See other paragraphs of General and Supplement to General Conditions for procedures to be used in determining compliance with the standards of this paragraph.

1.2 Delays. (Statutory reference: c.30, §39O). This Paragraph 1.2 applies to every contract subject to

M.G.L. c.30, §39M and to every contract subject to c.149, §§44A through 44H.

Except as otherwise provided by law and by this Paragraph 1.2, the Contractor shall not be entitled to damages on account of any hindrances or delays, avoidable or unavoidable; but if such delay be occasioned by the Awarding Authority, the Contractor may be entitled to an extension of time only, in which to complete the Work, to be determined by the Architect. In the event a suspension, delay, interruption or failure to act of the Awarding Authority increases the cost of performance to any Subcontractor, that Subcontractor shall have the same rights against the

Contractor for payment for an increase in the cost of his performance as provisions (a) and (b) give the Contractor against the Awarding Authority, but nothing in provisions (a) and (b) shall in any way change, modify or alter any other rights which the Contractor or the Subcontractor may have against each other.

(a) The Awarding Authority may order the Contractor in writing to suspend, delay, or interrupt all or any part of the Work for such period of time as it may determine to be appropriate for the convenience of the Awarding Authority;

provided, however, that if there is a suspension, delay or interruption for fifteen days or more or due to a failure of the Awarding Authority to act within the time specified in this Contract, the Awarding Authority shall make an adjustment in the contract price for any increase in the cost of performance of this contract but shall not include any profit to the Contractor on such increase; and provided further, that the Awarding Authority shall not make any adjustment in the contract price under this provision for any suspension, delay, interruption or failure to act to the extent that such is due to any cause for which this contract provides for an equitable adjustment of the contract price under any other contract provisions.

(b) The Contractor must submit the amount of a claim under provision (a) to the

Awarding Authority in writing as soon as practicable after the end of the suspension, delay, interruption or failure to act and, in any event, not later than the date of Final Payment under this Contract, and except for costs due to a suspension order, the Awarding Authority shall not approve any costs in the claim incurred more than twenty days before the Contractor notified the

Awarding Authority in writing of the actor failure to act involved in the claim.

1.3 Deviations. (Statutory reference: M.G.L. c.30, §39I). This Paragraph 1.3 applies to every contract for the construction, alteration, maintenance, repair or demolition of, or addition to, any public building or public works for the Commonwealth or any political subdivision thereof.

The Contractor shall perform all the Work required by this contract in conformity with the plans and specifications contained herein. No willful and substantial deviation from said plans and specifications shall be made unless authorized in writing by the Awarding Authority or by the engineer or architect in charge of the Work who is duly authorized by the Awarding Authority to approve such deviations. In order to avoid delays in the prosecution of the Work required by such contract such deviation from the plans or specifications may be authorized by a written order of the Awarding Authority or such engineer or architect so authorized to approve such deviation.

Within thirty days thereafter, such written order shall be confirmed by a certificate of the

Awarding Authority stating: (1) If such deviation involves any substitution or elimination of materials, fixtures or equipment, the reasons why such materials, fixtures or equipment were included in the first instance and the reasons for substitution or elimination, and, if the deviation is of any other nature, the reasons for such deviation, giving justification therefor; (2) that the specified deviation does not materially injure the project as a whole; (3) that either the Work substituted for the Work specified is of the same cost and quality, or that an equitable adjustment has been agreed upon between the Awarding Authority and the Contractor and the amount in dollars of said adjustment; and (4) that the deviation is in the best interest of the Awarding

Authority. Such certificate shall be signed under the penalties of perjury and shall be a permanent part of the file record of the Work contracted for.

1.4 Finality of Decisions by Awarding, Authority or Architect (Statutory reference: M.G.L. c.30, §39J). This Paragraph 1.4 applies to every contract for the construction, reconstruction, alteration, remodeling, repair or demolition of any public building or public works by the Commonwealth or by any county, city, district, board, commission, or other public body, when the amount of the contract exceeds the amount stated in M.G.L. c.30, §39J.

Notwithstanding any contrary provision of this contract, no decision by the Awarding Authority or by the Architect on a dispute, whether of fact or of law, arising under said contract shall be final or conclusive if such decision is made in bad faith, fraudulently, capriciously, or arbitrarily, is unsupported by substantial evidence, or is based upon error of law.

1.5 Differing Site Conditions (Statutory reference: M.G.L. c.30, §39N). This Paragraph 1.5 applies to every contract subject to M.G.L. c.30, §39M and to every contract subject to M.G.L. c.149, §§44A through 44H.

If, during the progress of the Work, the Contractor or the Awarding Authority discovers that the actual subsurface or latent physical conditions encountered at the site differ substantially or materially from those shown on the plans or indicated in the Contract Documents, either the

Contractor or the Awarding Authority may request an equitable adjustment in the contract price of the contract applying to Work affected by the differing site conditions. A request for such an adjustment shall be in writing and shall be delivered by the party making such claim to the other party as soon as possible after such conditions are discovered. Upon receipt of such a claim from a Contractor, or upon its own initiative, the Awarding Authority shall make an investigation of such physical conditions, and, if they differ substantially or materially from those shown on the plans or indicated in the Contract Documents or from those ordinarily encountered and generally recognized as inherent in Work of the character provided for in the plans and Contract

Documents and are of such a nature as to cause an increase or decrease in the cost of performance of the Work or a change in the construction methods required for the performance of the Work which results in an increase or decrease in the cost of the Work, the Awarding Authority shall make an equitable adjustment in the contract price and the contract shall be modified in writing accordingly.

1.6 Timely Decision by Awarding Authority (Statutory reference: M.G.L. c.30, §39P). This

Paragraph 1.6 applies to every contract subject to M.G.L. c.30, §39M and to every contract subject to M. G. L. c.149, §§44A through 44H.

In every case in which this contract requires the Awarding Authority, any official, its architect or engineer to make a decision on interpretation of the specifications, approval of equipment, material or any other approval, or progress of the Work, the decision shall be made promptly and, in any event, no later than thirty days after the written submission for decision; but if such decision requires extended investigation and study, the Awarding Authority, the official, architect or engineer shall, within thirty days after the receipt of the submission, give the party making the submission written notice of the reasons why the decision cannot be made within the thirty-day period and the date by which the decision will be made.

1.7 Certificate of Appropriation (Statutory reference: M.G.L. c.44, §31C). This Paragraph 1.7 applies to contracts for construction, reconstruction, alteration, remodeling, repair or demolition of any public building or public work by any city or town costing more than the amount set forth in M.G.L. c.44, §31C.

This contract shall not be deemed to have been made until the auditor or accountant or other official of the city or town having similar duties has certified thereon that an appropriation in the amount of this contract is available therefor. No order to the Contractor for a change in or addition to the Work, whether in the form of a drawing, plan, detail or any other written instruction, unless it is an order which the Contractor is willing to perform without any increase in the contract price, shall be deemed to be given until the auditor or accountant, or other officer of the Awarding Authority having similar duties, has certified thereon that an appropriation in the amount of such order is available therefor, but such certificate shall not be taken as an admission by the Awarding Authority of its liability to pay for such Work. The certificate of the auditor or accountant or other officer of the Awarding Authority having similar duties, that an appropriation in the amount of such order is available shall bar any defense by the Awarding Authority on the ground of insufficient appropriation.

1.8 Method of Payment – Building Projects (Statutory…