Copy No. _______

TOWN OF READING, MASSACHUSETTS

CONTRACT AND SPECIFICATIONS

FOR

BREWER LANE AND JOSEPH WAY PUMP

STATION IMPROVEMENTS

CONTRACT NO. 27-02

July 2026

CDM SMITH

Consulting Engineers Boston, Massachusetts

This page intentionally left blank.

© 2026 CDM Smith 0315-308252 All Rights Reserved July 2026

Brewer Lane and Joseph Way Pump Station Improvements Table of Contents Town of Reading, Massachusetts 001100 - 1

Table of Contents

Division Section Title

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

Invitation to Bid Section I Instructions for Bidders Section II Form of General Bid Section III Required Forms Section IV Contract Agreement Section V General Conditions Section VI Specifications Section VII Prevailing Wage Rates

DIVISION 01 - GENERAL REQUIREMENTS

011000 Summary 012001 012600

Price and Payment Contract Modification Procedures

012900 Payment Procedures 013100 Project Management and Coordination 013200 Construction Progress Documentation 013233 Photographic Documentation 013300 Submittal Procedures 013529 Health, Safety, and Emergency Response Procedures 013545 Environmental Protection Procedures 014000 Quality Requirements 015000 Temporary Facilities and Controls 015526 Traffic Control 016000 Product Requirements 017300 Execution 017700 Closeout Procedures 017823 Operation and Maintenance Data 017839 Project Record Documents 017900 Demonstration and Training

DIVISION 02 - EXISTING CONDITIONS

024116 Structure Demolition 026110 Excavation and Management of Excess Soil 028100 Transportation and Disposal of Contaminated Material

028213.33 Asbestos Abatement for Utilities

DIVISION 03 – CONCRETE

033000 Cast-In-Place Concrete

DIVISION 26 – ELECTRICAL

260010 Supplemental Requirements for Electrical 260011 Facility Performance Requirements for Electrical

Town of Reading, Massachusetts 001100 - 2

260505 Selective Demolition for Electrical 260510 Limited Electrical for Small Projects 262200 Low-Voltage Transformers 262416 Panelboards 262726 Wiring Devices 262816 Enclosed Switches and Circuit Breakers

262913.03 Manual and Magnetic Motor Controllers

263600 Transfer Switches

DIVISION 31 – EARTHWORK

310515 Soils and Aggregates for Earthwork 310900 Geotechnical Instrumentation and Monitoring 311000 Site Clearing 312000 Earthwork 312316 Rock Removal 312319 Dewatering

312323.33 Flowable Fill

312333 Trenching and Backfilling 312500 Erosion and Sedimentation Controls 315000 Excavation Support and Protection

DIVISION 32 - EXTERIOR IMPROVEMENTS

321123 Aggregate Base Courses 321216 Asphalt Paving 329200 Turf and Grasses 329300 Plants

DIVISION 33 – UTILITIES

330513 Manholes and Structures 333113 Public Sanitary Sewerage Piping 333219 Public Utility Wastewater Pumping Stations 333400 Sanitary Utility Sewerage Force Mains

DIVISION 40 - PROCESS INTERCONNECTIONS

406100 Process Control and Enterprise Management Systems General Provisions 406121 Process Control System Testing 406126 Process Control System Training 406193 Process Control System Input/Output List 406193A I/O List 406196 Process Control Descriptions 406343 Programmable Logic Controllers 406613 Switches and Routers 406717 Industrial Enclosures 406733 Panel Wiring 406763 Control Panel Mounted Ups 407000 Instrumentation for Process Systems

Town of Reading, Massachusetts 001100 - 3

407000A Instrumentation List 407223 Radar Level Meters 407276 Level Switches 407313 Pressure and Differential Pressure Gauges 407363 Diaphragm Seals 407463 Temperature Transmitters 407816 Indicating Lights 407819 Switches and Push Buttons 407833 Annunciators 407853 Relays 407856 Isolators, Intrinsically Safe Barriers, and Surge Suppressors 407859 Power Supplies

APPENDICES

Appendix A Soil Lab Testing Results Appendix B Boring Logs Appendix C Informational Drawings Appendix D Asbestos Cement Pipe Guidance Appendix E Police Detail Information Appendix F Prevailing Wage Rates Appendix G Bid Form (2 Copies)

END OF TABLE OF CONTENTS

Town of Reading, Massachusetts 001100 - 4

TOWN OF READING

MASSACHUSETTS

Contract For:

BREWER LANE AND JOSEPH WAY PUMP STATION IMPROVEMENTS

Contract Number 27-02

July 2026

16 LOWELL STREET

READING, MA. 01867

INVITATION TO BID

“BREWER LANE AND JOSEPH WAY PUMP STATION IMPROVENTS", CONTRACT 27-02

Sealed bids for Brewer Lane and Joseph Way Pump Station Improvements Project for the Town of Reading, Massachusetts, will be received at the Town Hall, Town Clerk’s office, 16 Lowell Street, Reading, MA 01867.

Documents will be available to download from https://www.readingma.gov/Bids.aspx on August 19, 2026, after 9 a.m.

The Town is offering a site visit for interested parties. The site visit will be Wednesday August 26, 2026 at 10AM meeting at the Joseph Way pump station site.

The Scope of Work under this Contract includes the complete replacement of two existing pneumatic ejector pump stations with new submersible pump stations, including demolition and removal of the existing stations, construction of new wet wells and gravity manholes, installation of new pumps, and new connections to the existing force mains. The project sites are located at the end of Brewer Lane and along the access road extending from the intersection of Joseph Way and Kieran Road in Reading, Massachusetts 01867.

Bids are due September 17, 2026 at 1:00PM.

Bid Security in the form of a bid bond, cash, certified check, treasurer’s or cashier’s check payable to the Owner, is required in the amount of five percent of the bid, Minimum Wage Rates as determined by the Commissioner of Department of Workforce Development under the provisions of the Massachusetts General Laws, Chapter 149, Section 26 to 27D, as amended, apply to this project. It is the responsibility of the Contractor, before bid opening, to request if necessary, any additional information on Minimum Wage Rates for those tradespeople who may be employed for the proposed work under this Contract.

The bidding and award of this Contract will be under the provisions of M.G.L. Chapter 30, Section 39M.

The Town of Reading reserves the right to reject any and all bids, or to award or not to award the contract for any reason the Town Manager determines to be in the Town's and/or the public's best interest.

https://www.readingma.gov/Bids.aspx

TABLE OF CONTENTS

Page

INVITATION TO BID i

SECTION I GENERAL INSTRUCTIONS FOR BIDDERS I-1

SECTION II FORM OF GENERAL BID II-1

SECTION III REQUIRED FORMS III-1

SECTION IV CONTRACT AGREEMENT IV-1

SECTION V GENERAL CONDITIONS V-1

SECTION VI SPECIFICATIONS VI-1

SECTION VII PREVAILING WAGE RATES VII-1

SECTION I

GENERAL INSTRUCTIONS FOR BIDDERS

GENERAL INSTRUCTIONS FOR BIDDERS

TOWN OF READING, Contract No 27-02

A. Attention of all bidders is directed to all applicable Sections of the General Laws of the Commonwealth of Massachusetts, and Municipal Ordinances and by-laws, as most recently amended, that govern the award of this contract. They will be deemed to be included in the contract the same as though written out in full.

B. It is the sole responsibility of the bidder to ensure that the bid arrives on time. Any bid received after the closing time and date established in the INVITATION TO BID for the receipt of bids shall be rejected regardless of the cause for delay in the receipts of such bids.

C. Any bidder may modify his bid at any time prior to the scheduled closing time for receipt of bids provided such is received by the Town Clerk’s Office prior to the closing time, and provided further that the final prices or terms will not be disclosed to the Town until the sealed bid is opened.

Any bid may be withdrawn at any time prior to the scheduled closing time for receipt of bids. No bidder may withdraw a bid within 60 days (Saturdays, Sundays and holidays excluded) after the actual date of the opening thereof.

D. Bid Documents will be available after 9 a.m. on August 19, 2026 online at

E. No interpretation of the meaning of the plans, specifications or other pre-bid documents will be made to any bidder orally. All information given to bidders other than by means of the plans, specifications, or by addenda, as described below, is given informally and shall not be used as the basis of a claim against the Town.

F. Every request for such interpretation shall be in writing (typed, not handwritten) addressed to moultonat@cdmsmith.com. It is the bidder’s responsibility to confirm that any request has been received. To be given consideration a request must be received at least seven (7) calendar days prior to the date fixed for the opening of bids.

G. An addendum will be issued if any changes are made to the invitation to bid. The addenda will be mailed, faxed, or emailed to all parties on record as having requested the bid package. All bidders shall include with their bids written acknowledgment of receipt of all addenda.

H. Bidders may arrange to inspect the prospective sites and acquaint themselves with the conditions.

Bidders must also thoroughly examine the bid and contract documents, including all addenda and requirements for certificates of insurance, bonds, etc. Failure of any bidder to visit the site and/or acquaint himself with the bid and contract documents shall in no way release that bidder from the obligations with respect to his bid.

I-1

I. This contract is subject to minimum wages for this work established by the Commonwealth of Massachusetts Commissioner of Labor and Industry, and are set forth in Section VII of the contract documents.

J. Bid forms shall be completely filled in and signed by the Contractor. Forms that are incomplete or obscure, or contain work not in accordance with the specifications will be rejected. Each bid must be submitted on the prescribed forms that are included as pages of this document. All blank spaces for requested prices must be filled in, in ink or typewritten, and must be legible.

EACH BID PACKAGE MUST CONTAIN and BE ADDRESSED TO:

Town Of Reading Attn: Procurement Office – BID 27-02 16 Lowell Street Reading, MA 01867

1. Contractor's Price Proposal (Form of General Bid)

2. Certificates As To Corporate Bidder, Non Collusion and Tax Compliance

3. Qualification and Reference Statement

4. A bid security in the sum of 5% of the bid amount.

The bid security shall secure the execution of the contract including the furnishing of all bonds and insurance certificates required of the successful bidder by this contract document. The bid security of the successful bidder shall not be refundable but rather become the property of the Town if the successful bidder does not execute the contract as required by the contract documents within seven (7) days (Sundays and Holidays excluded) after receipt of a notice of award. The required bid security shall be a certified check, bid bond or Treasurer's check issued by a responsible bank or trust company qualified to do business under the laws of the Commonwealth of Massachusetts payable to the Town of Reading. No other form of bid security will be accepted.

L. The bid security of all bidders except for the three (3) lowest responsive and qualified bidders will be returned within five (5) working days after the bid opening date. These three bid securities will be held until the contract has been fully executed and delivered, but in no event beyond sixty days from the opening date, unless the submitting bidder has forfeited it by reason of failure to execute the contract in the manner set forth in the contract documents.

M. The Town reserves the right to make such investigations as it deems necessary to determine the ability of the bidder to perform the work. The bidder shall furnish to the Town all such information and data for this purpose as the Town may require. The Town reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the Town that such bidder is responsible and qualified to carry out and to complete the work of the contract. Bidders are required to submit a completed qualification statement, for work performed during the last five-year period, on the attached Qualification and Reference Statement.

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N. If the contract is awarded, it will be awarded to the lowest responsible and eligible bidder. In determining RESPONSIBILITY AND QUALIFICATIONS, the prospective contractor must submit the names of THREE OR MORE references for whom the contractor shall have performed the type of work, described in the plans and specifications, within the last five year period. In this regard, the submittal with his bid of the completed and signed Qualification and Reference Statement is mandatory.

The LOWEST GRAND TOTAL PRICE shall be determined by comparing the sum of the

TOTAL DOLLARS AND CENTS price. The TOTAL DOLLARS AND CENTS price shall be determined by multiplying the estimated quantities by its UNIT BID PRICE.

NOTE: THE SPECIFIED QUANTITIES ARE ESTIMATES OF REQUIREMENTS FOR

USE IN COMPARING BIDS: THE TOWN OF READING DOES NOT GUARANTEE

THAT THESE QUANTITIES WILL ULTIMATELY BE REQUIRED.

The Town may elect to increase the scope of work by selecting Add Alternate 1 as listed in the

Form of General Bid.

Bidders to be considered responsive shall submit bid on Add Alternate 1 listed in the Bid Form.

The low bidder will be determined by comparison of the Base Bid, or the Base Bid and Add Alternate 1, as selected by the Town.

In the event there is a discrepancy in the Form of General Bid between the unit price written in words and that in figures, the unit price written in words shall govern. The Town of Reading reserves the right to waive any non-material informalities and errors in the bid.

In determining RESPONSIBILITY, the Town will require the prospective contractor to show proof that he has sufficient equipment, equipment operators and a sufficient number of qualified and experienced employees to properly and efficiently accomplish the proposed work. He shall also furnish proof of his financial ability to start, operate and complete the work. Prior to entering a contract with the Town, the prospective contractor will be required to provide bonds and insurance required by the contract agreement for the period(s) of the contract, will investigate the contractor's performance on other contracts, and will consider contractor's general reputation. The Town may do a thorough investigation into references beyond references given.

O. This contract will be awarded only after funds have been appropriated or otherwise authorized.

P. The Town of Reading, acting by its Town Manager reserves the right to award the contract, or to reject any and all bids if it is in the public interest to do so.

Q. By submitting his bid, the bidder agrees to execute the contract, provide insurance certificates and bonds, and to commence work within the time limits stated in the Contract Documents. In the event the successful bidder fails or neglects to execute the contract and provide certificates and bonds in the prescribed time, the Town, at its sole option, may determine that the bidder has abandoned the contract, that his bid and acceptance are null and void and that his bid security has been forfeited to the Town. The Town may cancel the award to that bidder and re-award the contract to another.

I-3

R. Suggested Town forms whereon the Performance and Material/Labor bonds may be submitted are attached to these General Instructions.

S. No "joint venture" bids will be accepted.

T. Bidder Certification – OSHA Training

All employees who work on Massachusetts public works construction sites, on projects estimated to cost more than $10,000, must have no less than ten (10) hours of OSHA-approved safety and health training.

This law directs the Massachusetts Attorney General to restrain award of construction contracts to any contractor who is in violation of this requirement and to restrain the performance of these contracts by non-complying contractors.

Noncompliance with this law will disqualify contractors from bidding on public contracts.

I-4

SECTION II

FORM OF GENERAL BID

FORM OF GENERAL BID

CONTRACT NO. 27-02

To - The Town of Reading, acting by its Town Manager, as Awarding Authority.

A. The undersigned proposes to furnish all labor, materials and equipment to do all necessary work under this contract for the Town of Reading, Massachusetts acting by its Town Manager and in accordance with the accompanying specifications provided by the Department of Public Works, Reading, Massachusetts for the sum specified below, subject to additions and deductions according to the contract document and in all respects according to the terms thereof.

B. The undersigned declares that no person in the employ of said Town has any pecuniary interest in this proposal or in the contract for the work he proposes to do and that he understands and agrees that the Town, its agents and employees, are not to be in any manner held responsible for the accuracy of, or bound by, any estimates or plans relating to the work and that if any have been given or made they are to be considered solely as a base for filling out and comparing the several proposals.

C. The undersigned agrees that he will within seven (7) days, Sundays and holidays excluded, after receipt of a notice of award by the Department of Public Works, execute the contract in triplicate, and furnish the required insurance certificates and performance bond, plus a labor and materials bond, as required by the contract documents, the premiums for which are to be paid by the contractor and are included in the contract price.

D. The undersigned agrees that the time for completion for all work required by this contract shall be two hundred and fifty (250) calendar days (with the first 60 days primarily focused on shop drawings and preparation for construction), excluding final paving, commencing within seven (7) days after the notice to proceed.

This Bid Includes Addenda Through No.

II-1

BREWER LANE AND JOSEPH WAY PUMPING STATIONS IMPROVEMENTS

BID SHEET

Item Estimated Brief Description of Items Unit Bid Price Amount in No. Quantity With Unit Price Bid in Words in Figures Figures

1 L.S. Brewer Lane Submersible Pumping Station

Per Lump Sum

2a 40 Brewer Lane Rock Excavation as defined in

cu. yds Section 312000

Sixty Five Dollars __________________ $ 65.00 $2600.00 _ Per Cubic Yard

2b 40 Brewer Lane Additional Cost for Rock

cu. yds Excavation as defined in Section 312000

3 30 Structural Fill

cu. yds ____________________________________ $ __________ $ __________ Per Cubic Yard

4 L.S. Joseph Way Submersible Pumping Station

Per Lump Sum

5a 5 Joseph Way Rock Excavation as defined in

cu. yds Section 312000

Sixty Five Dollars_ ___________________ $65.00 $ 325.00__ __

5b 5 Joseph Way Additional Cost for Rock

cu. yds Excavation as defined in Section 312000

6a 115 Uncontaminated material tons management and reuse at in-state <RCS-1 facility

Per Ton

No. Quantity With Unit Price Bid in Words in Figures Figures

6b 50 Contaminated material tons management and disposal Per Ton

7 L.S. Electric Services Performed by Reading

Municipal Light Department

Fifty Thousand Dollars_________________ $ 50,000.00___ Per Lump Sum (written)

8 L.S. Fiber Optic Service Performed by Comm-Tract

Fifteen Thousand Dollars__________________ $ 15,000.00___ Per Lump Sum (written)

TOTAL BASE BID $_________________________

No. Quantity With Unit Price Bid in Words in Figures Figures

ADD ALTERNATE NO. 1

Bidders are required to provide a Bid for the add alternate listed below. If selected by Owner, the alternate will be added to the Total Base Bid.

9 850 Add Alternate 1 – Brewer Lane Pavement Restoration Sq. yds.

Per Square Yard

TOTAL BASE BID WITH ADD ALTERNATE NO. 1 $______________________

Pursuant to M.G.L.CH, 62C, Sec 49A, the undersigned Bidder certifies under the penalties of perjury that it is in compliance with all laws of the Commonwealth relating to taxes, reporting of employees and contractors, and withholding and remitting child support.

The undersigned Bidder hereby certifies that (1) it 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 I 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 I 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.

The undersigned further certifies under penalty of perjury that the said undersigned is not presently debarred from doing public construction work in the Commonwealth of Massachusetts under the provisions of Section Twenty-Nine F of Chapter Twenty-Nine, Section 25C (10) of Chapter 152 (workers' compensation) or any other applicable debarment provisions of any other Chapter of the General Laws or any rule or regulations promulgated thereunder.

Name of Firm: _________________________________________________________________________

By: _______________________________________________________________________________ (Signed Name) (Title) (Date)

(Printed Name) (Title)

Fed. ID No.: _________________________________________________________________________

Tel. No.:_________________________________; Fax No.:____________________________________

Email.:_________________________________________________________________________

II-5

SECTION III

REQUIRED FORMS

CERTIFICATE AS TO CORPORATE BIDDER

I ___________________________________________________________________, certify that I am the

__________________________________________ of the Corporation named as bidder in the within Bid

Form: that ____________________________________who signed said Bid Form on behalf of the Bidder was then_________________________________________ of said Corporation, that I know his signature and that his signature thereto is genuine and that said Bid Form was duly signed, sealed and executed for and in behalf of said Corporation by authority of its governing body.

(Corporate Seal)

Signature:_______________________________________________________________

Title:______________________________________________________________

Ref.: Town of Reading Contract No. 27-02

III-1

CERTIFICATE OF NON-COLLUSION

TOWN OF READING, Contract No. 27-02

The undersigned certifies under penalties of perjury that this bid or proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word "person" shall mean any natural person, business, partnership, corporation, union, committee, club, or other organization, entity, or group of individuals.

(Name of person signing bid or proposal)

(Name of business)

CERTIFICATE OF TAX PAYMENT

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

(Name of person signing bid or proposal)

(Name of business)

Social Security Number or Federal Identification Number

III-2

QUALIFICATION AND REFERENCE STATEMENT

(Fill Out Completely)

The undersigned offers the following information as evidence of his qualifications to perform the work as bid upon according to all requirements of the contract document:

1. Have been in business under present business name and organization structure for ______ years.

2. Ever been terminated or otherwise failed to complete any work awarded? ___________. If "yes", describe circumstances on separate sheet. Include names of customer(s).

3. List below the required information for three recent contracts (within the last five years) on which you served as contractor for work similar to that required by this contract.

A. Job: ___________________________________________________________________

Contract Amount: _______________________________________________________

Date Completed: _______________________________________________________

Town/Owner: _____________________________________________________________

Contact Name: _______________________________________________________

Contact Telephone Number: _________________________________________________

B. Job: ___________________________________________________________________

Contract Amount: _______________________________________________________

Date Completed: _______________________________________________________

Town/Owner: _____________________________________________________________

III-3

C. Job: ___________________________________________________________________

Contract Amount: _______________________________________________________

Date Completed: _______________________________________________________

Town/Owner: _____________________________________________________________

DATE: _____________________

EXACT NAME OF FIRM: _____________________________________________________________

BY (signature): ___________________________________________________________________

NAME (printed): ___________________________________________________________________

TITLE: _________________________________________________________________________

BUSINESS ADDRESS: _____________________________________________________________

CITY, STATE AND ZIP: _____________________________________________________________

TELEPHONE (AREA CODE): _______________________________________________________

Please note: We may do a thorough investigation into references beyond references given.

III-4

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS,

That we, the undersigned _____________________________________________________________ a corporation, partnership, individual, organized under the laws of _____________________________________________________ and having a usual place of business in _______________________________________________________________________ in the County of _______________________________ and State of______________________________ as Principal, and a corporation organized under the laws of in the County of __________________________, Massachusetts, as Surety, are held and firmly bound unto the Town of Reading, Massachusetts, as Obligee, in the sum of ($___________________________) dollars lawful money of the United States of America, for payment of which, well and truly to be made we hereby jointly and severally, bind ourselves and our respective heirs, executors, administrators, successors and assigns, firmly by these presents.

Whereas, the Principal has entered into a certain written contract with the Obligee, dated ________________________ 20____ for___________________________________________________ in the Town of Reading, which contract in its entirety, including the General Conditions, plans and specifications thereof and any Addenda therein is hereby referred to and made a part hereof as full and to the same extent as if copied at length herein.

Now, therefore, the condition of this obligation is such that, if the Principal shall well and truly keep and perform all the undertakings, covenants, agreements, terms and conditions of said contract on its part to be kept and performed during the original term of said contract any extensions thereof that may be granted by the Obligee, with or without notice to the Surety, and during the life of any guarantee required under the contract, one (1) year from date of acceptance, and shall also well and truly keep and perform all the undertakings, covenant agreements, terms and conditions of any and all duly authorized modifications, alterations, changes or additions to said contract that may hereafter be made, notice to the Surety of such modifications, alterations, changes or additions being hereby waived, then this obligation shall become null and void; otherwise, it shall remain in full force and effect.

III-5

(Performance Bond - page 2)

PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no changes, extension of time, alteration or addition to the terms of the Contract, any of the Contract Documents or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation of this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications.

IN WITNESS WHEREOF,: the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers or agents, this ___________ day of ____________________________, 20____.

______________________________ Principal

By: _________________________________________ (Title)

_________________________________ Surety

(Attorney-in-fact)

III-6

PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS,

That we, the undersigned _____________________________________ a corporation, partnership, individual, organized under the laws of _________________________________________________ and having a usual place of business in ____________________________________________ in the County of _________________________________ and State of ________________________________, as Principal, and ________________________________________________________________ a corporation organized under the laws of ____________________________________________ and having a usual place of business in _______________________________________________ as Surety, are held and firmly bound unto the Town of Reading, Massachusetts, as Obligee, in the sum of ___________________________________________________ ($________________________) Dollars lawful money of the United States of America, for payment of which, well and truly to be made we hereby jointly and severally, bind ourselves and our respective heirs, executors, administrators, successors and assigns, firmly by these presents.

Whereas, the Principal has entered into a certain written contract with the Obligee, dated __________________________ 20____ for ________________________________________ _________________________________________________________________ in the Town of Reading, which contract in its entirety, including the General Conditions, plans and specifications thereof and any Addenda therein is hereby referred to and made a part hereof as full and to the same extent as if copied at length herein.

Now therefore, if the Principal and his sub-contractors shall pay for all labor performed or furnished and for all materials used or employed in the prosecution of the work provided for in said contract and in any and all duly additions to said contract that may hereafter 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, the provisions of Massachusetts General Laws, Chapter 30, Section 39A as amended and Chapter 149, Section 29 as amended, then this obligation shall become null and void; otherwise it shall remain in full force and effect.

III-7

(Payment Bond - page 2)

IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers or agents, this __________ day of _________________________, 20____.

______________________________ Principal

(Title)

_________________________________ Surety

(Attorney-in-fact)

III-8

SECTION IV

CONTRACT AGREEMENT

BETWEEN

TOWN AND CONTRACTOR

CONTRACT No. 27-02

CONTRACT AGREEMENT BETWEEN TOWN AND CONTRACTOR

This Contract Agreement made this________day of ___________________by and between the Town of Reading, a municipal corporation duly organized under the laws of the Commonwealth of Massachusetts, acting by its Town Manager (hereinafter referred to as the “Town”, the “Owner”, or the “Awarding Authority”), without personal liability for the members thereof, and ___________________, a _________________________, with a usual place of business at ____________________________ (hereinafter called "the Contractor").

Terms used in this Contract Agreement that are defined in the General Conditions of the Contract shall have the meanings designated therein.

The Town and the Contractor agree as follows:

ARTICLE I – INCORPORATION OF STATUARY REQUIREMENTS

In all respects, this Contract Agreement shall be governed by and performed consistently with all laws of the Commonwealth of Massachusetts including, but not limited to, all Massachusetts General Laws and regulations regarding public construction and procurement and all Municipal Ordinances and by-laws pertaining to the Project and/or the award of this Contract, each as most recently amended (collectively “Laws”). Such Laws shall be deemed to be included in this Contract Agreement the same as though written out in full and the Contractor warrants that he is familiar with and agrees to abide by all such Laws.

ARTICLE II - DEFINITION

The term "TOWN" shall also mean the Town of Reading Director of Public Works (Director), or their designated representative, when used in the context of administering or directing this contract and/or the work specified.

ARTICLE III - SCOPE OF WORK

A. The Contractor shall furnish all labor, tools, materials and equipment and shall perform all work necessary for the complete and satisfactory performance of the BREWER LANE AND JOSEPH WAY PUMP STATION IMPROVEMENTS within the Town of Reading, Massachusetts, as called for in the Specifications (Section VI), and shall do everything required by this Contract Agreement. The following constitute the Contract Documents:

a. This Contract Agreement;

b. Form of General Bid, signed by Contractor;

c. Specification (Section VI);

d. Wage Rates (Section VII);

e. Invitation to Bid, with General Instructions for Bidders

f. General Conditions (Section V); and

g. Required Forms

These documents form the entire Agreement between the parties and there are no other agreements between the parties. Any amendment to this agreement must be in writing and signed by an official with authority to bind the Town.

ARTICLE IV – TIME FOR COMPLETION

A. The time for completion for all work required by this contract shall be two hundred fifty (250) calendar days (with the first 60 days primarily focused on shop drawings and preparation for construction), excluding final paving, commencing within seven (7) days after the notice to proceed.

B. It is hereby understood and mutually agreed by and between the Contractor and the Town that the Contractor shall receive no less than one (1) calendar week's advance notice to begin the construction project, and that once accepted by the Contractor, the agreed upon starting date(s) for such work become ESSENTIAL CONDITIONS of this contract.

C. The Contractor agrees that said work shall be executed regularly, diligently, and uninterruptedly at such rate of progress as will ensure full completion thereof within the time agreed to by the Contractor and the Owner. It is expressly understood and agreed, by and between the Contractor and the Owner, that the time for the completion of the work described therein is a reasonable time for the completion of the same, taking into consideration the average climatic range and usual industrial conditions prevailing in this locality. The Contractor hereby agrees that is has taken these factors into account and the Contractor shall have no entitlement to an increase in the Contract Sum or any other additional costs, expenses or damages of whatsoever nature as they may relate to or otherwise arise from any delay, impact, or acceleration, except as and to the extent expressly provided under M.G.L. c. 30, § 39O. The Contractor acknowledges that the Contractor’s sole remedy for any such delay and/or suspension will be an extension of time provided the Contractor complies with notice requirements contained in the Contract Documents.

ARTICLE V - QUANTITY

The work under this contract shall be performed "As Required" by the Town, within the limits of this Article V, and Article VIII below. THE QUANTITIES SPECIFIED IN THE FORM OF GENERAL

BID ARE ESTIMATES OF REQUIREMENTS FOR USE IN COMPARING BIDS: THE TOWN

OF READING DOES NOT GUARANTEE THESE QUANTITIES WILL ULTIMATELY BE

REQUIRED.

ARTICLE VI - HOURS OF WORK

A. It is intended that the Contractor will accomplish the work of this contract between the hours of 7:00 A.M. and 4:30 P.M. Upon mutual agreement between the Town, and the Contractor, night work may also be considered.

B. No laborer, worker, mechanic, foremen or inspector working within the Commonwealth of Massachusetts in the employ of the Contractor, subcontractors or other persons doing or contracting to do the whole or part of the work contemplated by this contract, shall be required or permitted to work more than 8 hours in any one calendar day; or more than 48 hours in one week, or more than 6 days in any one week in full compliance with the provisions of M.G.L. c. 149, § 34, except in cases of emergencies.

ARTICLE VII - PAYMENTS TO CONTRACTOR.

A. Payment to the Contractor shall be made by the Town in accordance with Massachusetts General Laws Chapter 30, Section 39G, which is incorporated by reference herein. The payment shall be in full less 5% retainage for furnishing all materials, supplies, labor, services, supervision, tools and equipment and use thereof. Acceptance of periodic payments by the Contractor shall constitute a waiver of claims known or knowable at the time by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of periodic payment. All payments shall be submitted on the standard AIA Document G702.

B. Payments to Subcontractors. The Contractor shall make payment to subcontractors in accordance with M.G.L. c. 30, § 39F, which is quoted in this section below. For purposes of this Contract Agreement, the word “forthwith” appearing in paragraph (1)(a) of the quoted provision shall be deemed to mean “within five (5) business days.” The Contractor shall, at the Town’s request, furnish satisfactory evidence that all such obligations have been paid, discharged, or waived. M.G.L. c. 30, § 39F provides:

“(1) (a) Forthwith after the general contractor receives payment on account of a periodic estimate, the general Contractor shall pay to each subcontractor the amount paid for the labor performed and the materials furnished by that subcontractor, less any amount specified in any court proceedings barring such payment and also less any amount claimed due from the subcontractor by the general contractor.

(b) Not later than the sixty-fifth day after each subcontractor substantially completes his work in accordance with the Plans and Specifications, the entire balance due under the subcontract less amounts retained by the awarding authority as the estimated cost of completing the incomplete and unsatisfactory items of work, shall be due the subcontractor; and the awarding authority shall pay that amount to the general contractor. The general contractor shall forthwith pay to the subcontractor the full amount received from the awarding authority less any amount specified in any court proceedings barring such payment and also less any amount claimed due from the subcontractor by the general contractor.

(c) Each payment made by the awarding authority to the general contractor pursuant to subparagraphs (a) and (b) of this paragraph for the labor performed and the materials furnished by a subcontractor shall be made to the general contractor for the account of that subcontractor; and the awarding authority shall take reasonable steps to compel the general contractor to make each such payment to each such subcontractor. If the awarding authority has received a demand for direct payment from a subcontractor for any amount which has already been included in a payment to the general contractor or which is to be included in a payment to the general contractor for payment to the subcontractor as provided in subparagraphs (1) and (2) the awarding authority shall act upon the demand as provided in this section.

(d) If, within seventy days after the subcontractor has substantially completed the subcontract work, the subcontractor has not received from the general contractor the balance due under the subcontract including any amount due for extra labor and materials furnished to the general contractor, less any amount retained by the awarding authority as the estimated cost of completing the incomplete and unsatisfactory items of work, the subcontractor may demand direct payment of that balance from the awarding authority. The demand shall be by a sworn statement delivered to or sent by certified mail to the awarding authority, and a copy shall be delivered to or sent by certified mail to the general contractor at the same time. The reply shall contain a detailed breakdown of the balance due under the subcontract and also a statement of the status of completion of the subcontract work. Any demand made after substantial completion of the subcontract work shall be valid even if delivered or mailed prior to the seventieth day after the subcontractor has substantially completed the subcontract work. Within ten days after the subcontractor has delivered or so mailed the demand to the awarding authority and delivered or so mailed a copy to the general contractor, the general contractor may reply to the demand. The reply shall be by a sworn statement to or sent by certified mail to the awarding authority and a copy shall be delivered to or sent by certified mail to the subcontractor at the same time. The reply shall contain a detailed breakdown of the balance due under the subcontract including any amount due for extra labor and materials furnished to the general contractor and of the amount due for each claim made by the general contractor against the subcontractor.

(e) Within fifteen days after receipt of the demand by the awarding authority, but in no event prior to the seventieth day after substantial completion of the subcontract work, the awarding authority shall make direct payment to the subcontractor of the balance due under the subcontract including any amount due for extra labor and materials furnished to the general contractor, less any amount (i) retained by the awarding authority as the estimated cost of completing the incomplete or unsatisfactory items of work, (ii) specified in any court proceedings barring such payment, or (iii) disputed by the general contractor in the sworn reply; provided that the awarding authority shall not deduct from a direct payment any amount as provided in part (iii) if the reply is not sworn to, or for which the sworn reply does not contain the detailed breakdown required by subparagraph (d). The awarding authority shall make further direct payments to the subcontractor forthwith after the removal of the basis for deduction from direct payments made as provided in parts (i) and (ii) of this subparagraph.

(f) The awarding authority shall forthwith deposit the amount deducted from a direct payment as provided in part (iii) of subparagraph (5) in an interest-bearing joint account in the names of the general contractor and the subcontractor in a bank in Massachusetts selected by the awarding authority or agreed upon by the general contractor and the subcontractor and shall notify the general contractor and the subcontractor of the date of the deposit and the bank receiving the deposit. The bank shall pay the amount in the account, including accrued interest, as provided in an agreement between the general contractor and the subcontractor or as determined by decree of a court of competent jurisdiction.

(g) All direct payments and all deductions from demands for direct payments deposited in an interest bearing account or accounts in a bank pursuant to subparagraph (6) shall be made out of amounts payable to the general contractor at the time of receipt of a demand for direct payment from a subcontractor and out of amounts which later become payable to the General contractor and in the order of receipt of such demands from subcontractors. All direct payments shall discharge the obligation of the awarding authority to the general contractor to the extent of such payment.

(h) The awarding authority shall deduct from payments to a General contractor amounts which, together with the deposits in interest bearing accounts pursuant to subparagraph (6) are sufficient to satisfy all unpaid balances of demands for direct payment received from subcontractors. All such amounts shall be earmarked for such direct payments, and the subcontractors shall have a right in such deductions prior to any claims against such amounts by creditors of the general contractor.

(i) If the subcontractor does not receive payment as provided in subparagraph (1) or if the general contractor does not submit a periodic estimate for the value of the labor or materials performed or furnished by the subcontractor and the subcontractor does not receive payment for same when due less the deductions provided for in subparagraph (1), the subcontractor may demand direct payment by following the procedure in subparagraph (4) and the general contractor may file a sworn reply as provided in that same subparagraph. A demand made after the first day of the month following that for which the subcontractor performed or furnished the labor and materials for which the subcontractor seeks payment shall be valid even if delivered or mailed prior to the time payment was due on a periodic estimate from the general contractor. Thereafter the awarding authority shall proceed as provided in subparagraph (e), (f), (g) and (h).

(2) Any assignment by a subcontractor of the rights under this section to a surety company furnishing a bond under the provisions of section twenty-nine of chapter one hundred forty-nine shall be invalid. The assignment and subrogation rights of the surety to amounts included in a demand for direct payment which are in the possession of the awarding authority or which are on deposit pursuant to subparagraph (6) shall be subordinate to the rights of all subcontractors who are entitled to be paid under this section and who have not been paid in full.

(3) “subcontractor” as used in this section (I) for contracts awarded as provided in sections forty-four A to forty-four L, inclusive, of chapter one hundred forty-nine shall mean a person who files a sub-bid and received a subcontract as a result of that filed sub-bid or who is approved by the awarding authority in writing as a person performing labor or both performing labor and furnishing materials pursuant to a contract with the general contractor, (ii) for contracts awarded as provided in paragraph

(1) of section thirty-nine M of chapter thirty shall mean a person approved by the awarding authority in writing as a person performing labor or both performing labor and furnishing materials pursuant to a contract with the general contractor, and (iii) for contracts with the commonwealth not awarded as provided in sections forty-four A to forty-four L, inclusive, of chapter one hundred forty-nine shall also mean a person contracting with the general contractor to supply materials used or employed in a public works project for a price in excess of five thousand dollars.

(4) A general contractor or a subcontractor shall enforce a claim to any portion of the amount of a demand for direct payment deposit as provided in subparagraph (6) by a petition in equity in the superior court against the other and the bank shall not be a necessary party. A subcontractor shall enforce a claim for direct payment or a right to require a deposit as provided in subparagraph (6) by a petition in equity in the superior court against the awarding authority and the general contractor shall not be a necessary party. Upon motion of any party the court shall advance for speedy trial any petition filed as provided in this paragraph. Sections fifty-nine and fifty-nine B of chapter two hundred thirty-one shall apply to such petitions. The court shall enter an interlocutory decree upon which execution shall issue for any part of a claim found due pursuant to sections fifty-nine and fifty-nine B and, upon motion of any party, shall advance for speedy trial the petition to collect the remainder of the claim. Any party aggrieved by such interlocutory decree shall have the right to appeal therefrom as from a final decree. The court shall not consolidate for trial the petition of any subcontractor with the petition of one or more subcontractors or the same general Contract unless the court finds that a substantial portion of the evidence of the same events during the course of construction (other than the fact that the claims sought to be consolidated arise under the same general contract) is applicable to the petitions sought to be consolidated and that such consolidation will prevent unnecessary duplication of evidence. A decree in any such proceeding shall not include interest on the disputed amount deposited in excess of the interest earned for the period of any such deposit. No person except a subcontractor filing a demand for direct payment for which no funds due the general contractor are available for direct payment shall have a right to file a petition in court of equity against the awarding authority claiming a demand for direct payment is premature and such subcontractor must file the petition before the awarding authority has made a direct payment to the subcontractor and has made a deposit of the disputed portion as provided in part (iii) of subparagraph (5) and in subparagraph (6).

(5) In any petition to collect any claim for which a subcontractor has filed a demand for direct…