DEPARTMENT OF PUBLIC WORKS Water, Wastewater, Highway & Solid Waste Divisions

Daniel Van Schalkwyk, P.E., Director 25 BROOK STREET Kimberly Abraham, Water and Sewer Superintendent AYER, MASSACHUSETTS 01432 Matt Hernon, P.E., Town Engineer T: (978) 772-8240 Lora Prescott, Business Manager F: (978) 772-8244

Ayer Department of Public Works

25 Brook Street

Ayer, MA 01432

October 2026

Request for Quote (RFQ) – Grove Pond Well 6 and Spectacle Pond Well 1B: Cleaning and

Redevelopment

Project Number: 27DPW05

The Town of Ayer is accepting quotes for the cleaning and redevelopment of Grove Pond Well 6 and Spectacle Pond Well 1B.

Copies of the RFQ package will be available beginning Wednesday, October 14, 2026 from the

Town’s web site https://www.ayer.ma.us/Bids.aspx?CatID=17 and will be available until the submission deadline. Quotes must be submitted no later than 2:00 PM, Friday, November 13, 2026 to the Ayer DPW Water and Sewer Superintendent via email at kabraham@ayer.ma.us.

This project is being procured in accordance with MGL Chapter 30 39M, where an estimated contract amount is between $10,000 and $50,000 procurement can be obtained by a written scope-of-work statement to solicit written responses from no fewer than 3 persons who customarily perform such work. This RFQ shall constitute as the written scope-of-work statement and the written response shall be included on the Quote Form included as Section 00310.

Should you have any questions or comments, please do not hesitate to contact this office.

Regards, AYER PUBLIC WORKS DEPARTMENT

Kimberly Abraham

Water and Sewer Superintendent https://www.ayer.ma.us/Bids.aspx?CatID=17 mailto:kabraham@ayer.ma.us

RFQ

Well Cleaning and Redevelopment Project

Request for Quotes

Well Cleaning and Redevelopment: Grove Pond

Well 6 and Spec Pond Well 1B Project

Quotes Due November 13, 2026 @ 2:00 PM

Town of Ayer Department of Public Works

Via email to kabraham@ayer.ma.us

RFQ – WWLL CLEANING AND REDEVELOPMENT: GROVE POND WELL 6 AND

SPEC POND WELL 1B PROJECT

TABLE OF CONTENTS

General

Legal Notice

Procurement Summary

Section 00310 Quote Form

Section 01025 Measurement and Payment

Section 02660 Well Cleaning

Agreement

Payment Bond

Attachement A: Well Diagrams

Grove Pond Well 6 As-Built

Spec Pond Well 1B As-Built

Attachement B: Prevailing Wage Rates

Prevailing Wage Schedule

LEGAL NOTICE

Town of Ayer

Request for Quote (RFQ)

Well Cleaning and Redevelopment: Grove Pond Well 6 and Spec Pond Well 1B Project

The Town of Ayer is accepting quotes for Wel l Cleaning and Redevelopment: Grove

Pond Wel l 6 and Spec Pond Wel l 1B Project.

The work is generally described as Cleaning and Redevelopment of two Drinking Water

Wells at various locations.

Copies of the RFQ package will be available beginning Wednesday, October 14, 2026 from the Town’s web site https://www.ayer.ma.us/Bids.aspx?CatID=17 will be available until submission deadline. Quotes must be submitted no later than 2:00 PM, Friday, November 13, 2026 to the Ayer DPW Water and Sewer Superintendent via email at kabraham@ayer.ma.us

This project is being procured in accordance with MGL c30 s39M, where an estimated contract amount is between $10,000 and $50,000 procurement can be obtained by a written scope-of-work statement to solicit written responses from no fewer than 3 persons who customarily perform such work. This RFQ shall constitute as the written scope-of-work statement and the written response shall be included on the Quote Form included as Section 00310.

The Town reserves the right to reject any and all quotes as determined to be in the best interests of the Town and to waive minor informalities.

Water and Sewer Superintendent

October 14, 2026

26DPW10

Well Cleaning and Redevelopment: Grove Pond Well 6 and Spec Pond Well 1B Project Procurement Summary

Primary Procurement Contact

978-772-8240 kabraham@ayer.ma.us

Quote Package Available

Wednesday, October 14, 2026

Information and details of quote requirements may be obtained online at the Town’s web site h t tps: / /www.aye r .ma.us/B ids .aspx?C atID=17

Pre-bid Meeting Not Applicable

When and where quotes are due

Friday, November 13, 2026, 2:00 PM, Via email: kabraham@ayer.ma.us

Bid/Quote Security Not Required

Contract Award

Approval of Town Manager

Procurement Law

M.G.L. c. 30 § 39M

Upon Award of Contract

Payment Bond 50% Payment Bond will be required if quote is more than $25,000

Performance Bond Will NOT be Required

Insurance Refer to Agreement

AYER DPW 27DPW05

00310-1

27DPW05

QUOTATION FORM

PROJECT IDENTIFICATION: Department of Public Works Well Cleaning and Redeveloping

Grove Pond Well 6 and Spectacle Pond Well 1B

Ayer, Massachusetts

THIS QUOTE IS SUBMITTED TO: Ayer Department of Public Works 25 Brook Street

1. BIDDER accepts all of the terms and conditions of the Request for Quotation.

This Quote will remain subject to acceptance for forty-five days after the day of Quote opening.

2. The BIDDER acknowledges that his Quote has been based on the plans and specifications included with this Request for Quotation.

3. BIDDER has familiarized itself with the nature and extent of Request for

Quotation document, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work.

4. BIDDER agrees to comply with minimum wage rates for this project, in accordance with MGL Chpt. 30 39M.

5. The Quote is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation;

BIDDER has not directly or indirectly induced or solicited any other BIDDER to submit a false or sham Quote; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other BIDDER or over

OWNER.

6. BIDDER understands that the Owner reserves the right to reject any or all

Quotes.

7. BIDDER understands that the Contract will be awarded to the BIDDER whose evaluation by Owner indicates that the award will be in the best interests of the Project and the Town of Ayer.

00310-2

QUOTATION FORM

QUOTE SCHEDULE

Well Cleaning and Redeveloping Grove Pond Well 6 and Spectacle Pond Well 1B

Grove Pond Well No. 6 - See attached well diagram

Description Quantity Unit Price Total

1 Mobilization and Demobilization

Lump Sum

2 Remove, inspect and reinstall pump

Lump Sum

3 Machine Time for Redevelopment

40 Hours

4 Chemicals: -- -- ----

4A Muriatic Acid 110 gallons

4B Polymer 2 gallons

4C Chlorine-HTH 10 lbs

TOTAL

Spectacle Pond Well No. 1B – See attached well diagram

Description Quantity Unit Price Total

1 Mobilization and Demobilization

Lump Sum

2 Remove, inspect and reinstall pump

Lump Sum

3 Machine Time for Redevelopment

40 Hours

4 Chemicals: -- -- ----

4A Muriatic Acid 165 gallons

4B Polymer 2 gallons

4C Chlorine-HTH 10 lbs

TOTAL

Total Lump Sum____________________________________________

Quote submitted by

Address_______________________________________________________

Date________________________________________________________

Special Conditions______________________________________________________

01025 - 1

SECTION 01025

MEASUREMENT AND PAYMENT

PART 1 GENERAL

1.01 SCOPE

A. The purpose of this section is to define the method of measurement and payment for each of the lump sums and unit prices listed in the Form for General Quote. The Contractor shall acquaint themselves with all work associated with each payment item and shall have no claim for their unfamiliarity with the requirement of various items.

1.02 PAYMENT ITEMS

A. ITEM DESCRIPTION

1. Mobilization and Demobilization.

2. Remove, Inspect, and Reinstall Well Pump

3. Machine Time to Clean, Surge, and Redevelop Well

4. Chemicals: Muriatic Acid

5. Chemicals: Polymer

6. Chemicals: Calcium Hypochlorite

7. Pump Repair Part Mark Up

1.03 BASIS OF MEASUREMENT AND PAYMENT

ITEM 1 - MOBILIZATION AND DEMOBILIZATION

General. The price quote under Item 1 shall be considered as fair compensation for mobilization and demobilization of all labor, equipment, tools and materials necessary to complete the work as specified.

Payment. Payment for Mobilization and Demobilization as specified shall be made at the lump sum price quote under Item 1.

ITEM 2 – REMOVE, INSPECT, AND REINSTALL WELL PUMP

General. The price quote under Item 2 shall be considered as fair compensation for the disassembling and inspection of pump equipment in the shop, cleaning, painting, reassembly, and installation.

Payment. Payment for removing, inspection of pump equipment, and reinstallation shall be made at the lump sum price under Item 2. Additional parts and labor shall be paid for under Item 7.

ITEM 3 - MACHINE TIME TO CLEAN, SURGE, AND REDEVELOP WELL

01025 - 2

General. The price quote under Item 3 shall be considered fair compensation for all labor, equipment, tools and materials necessary for machine time required for the redevelopment of the gravel packed well.

Payment for machine time of the gravel packed well shall be made at the unit price quote per hour under Item 3.

1. Payment for machine time shall be performed after the specified 40 hours minimum of well redevelopment.

2. Machine time shall include chemical mixing and injection, pumping and surging, backflushing with clean water, and agitation of chemicals. Time shall not include chemical solution reaction times.

3. Additional time over 40 hours will be paid at the unit price hourly rate.

ITEM 4 - CHEMICALS

General. The price quote under Items 4A, 4B, and 4C shall be considered fair compensation for all labor, equipment, tools and materials necessary for muriatic acid, polymer, and calcium hypochlorite chemicals approved by the engineer for redevelopment of the well.

Payment for chemicals shall be made at the unit price quote per gallon or pound under Items 4A, 4B, and 4C.

END OF SECTION

02660-1

WELL CLEANING

SECTION 02660

PART 1 GENERAL

1.01 SCOPE OF WORK

A. The Contractor shall furnish all labor, equipment, chemicals and materials necessary to rate, clean, redevelop, disinfect and return to service one municipal gravel packed well.

Video inspection is not required for this Cleaning.

B. Grove Pond Well No 8 is a 12-inch diameter gravel well, 73 feet deep with 13-feet of screen, submersible well pumps and pit less adapters. A Well diagram is attached.

1.02 MEASUREMENT AND PAYMENT

A. Measurement and payment for work described in this section will be made in accordance with the provisions of SECTION 01025, MEASUREMENT AND PAYMENT.

1.03 CARE OF MATERIALS

A. The Contractor shall have charge of and be liable for the loss of or injury to, any materials delivered to them. The Contractor shall keep all materials trimmed up in piles, in places so as not to endanger the work, until removed, and shall not occupy private land without the approval of the Owner or their authorized agent.

1.04 EXISTING PIPING AND EQUIPMENT

A. Prior to beginning any work, the Contractor and the Engineer shall closely inspect all piping and equipment. The Contractor shall note any defects in writing before the start of construction.

B. The Contractor shall dismantle and remove the existing piping and pumping equipment, as necessary for the well cleaning. Any pipes, services, or equipment broken during the course of the work shall be promptly repaired or replaced by the Contractor at their own expense.

1.05 REMOVAL OF EXISTING EQUIPMENT

A. The Contractor shall provide the Engineer and Owner with written notice four (4) days prior to the removal of any existing equipment. Prior to disassembling and removing any existing equipment for the well cleaning operation, an examination of the existing equipment shall be conducted in the presence of the Engineer. The condition of the piping, equipment and operating irregularities shall be duly recorded by both parties.

1.06 RECORDS, ACCESS, PERFORMANCE

A. Upon completion of all work, the Contractor shall deliver to the Engineer two (2) copies of all records, measurements, pumping rates, water quality data, pumping tests, water levels, chemical treatments, equipment used and actual steps taken to clean the well to the

Engineer.

B. Prior to submitting their quote, the Contractor must inspect the job site for access to the well and to be self-informed as to site and equipment conditions.

02660-2

C. All work shall conform to the standard practices and requirements of the American Water

Works Association (AWWA) and these specifications.

1.07 SUBMITTALS

A. The following submittals shall be made in accordance with the provisions of the General

Conditions.

1. Contractor's description of proposed cleaning and redevelopment methodology.

2. Work Schedules.

3. All chemicals to be used in well cleaning.

4. Equipment and methodology for surging and pumping for well redevelopment.

B. The Contractor shall expedite submittal of shop drawings as time is of the essence for this project.

PART 2 PRODUCTS

A. The Contractor shall furnish the required amount of chemical(s) to effectively treat the water in and surrounding the well in order to remove all incrustation residue or deposits, to restore the capacity of the well to their original specific capacity. The quantity of any chemicals shall be sufficient to obtain the required results. The amounts and types of chemicals to be used shall be submitted to the Engineer for review, prior to use.

B. The Contractor shall provide and post at the project site Material Safety Data Sheets (MSDS) for each chemical brought to the site.

2.01 ACID

A. The acid used shall be 35% acid grade inhibited MURIATIC ACID (hydrochloric acid). If inhibited acid is unavailable, one ounce of KNOX gelatin, dissolved in warm water, shall be mixed with each gallon of acid.

2.02 POLYMER

A. Polymer shall be an aqueous solution of poly-electrolytes specifically designed for potable water well rehabilitation.

2.03 CHLORINE

A. Calcium hypochlorite and sodium hypochlorite, which meet the requirements of AWWA

B-300, shall be used for chlorine treatment of the well. A concentration of not less than

500 parts per million and not more than 1,000 parts per million of free available chlorine shall be maintained in the well during the cleaning process.

2.04 REPLACEMENT PARTS

A. Contractor shall furnish and install new discharge pipe gaskets for all disassembled joints, nuts, bolts and washers as needed. Nuts, bolts and washers shall be Type 416 stainless steel.

2.05 WATER SUPPLY

A. The Owner will supply the Contractor with water for well cleaning operations, including video inspections.

02660-3

PART 3 EXECUTION

3.01 EQUIPMENT REMOVAL AND TESTING

A. Contractor shall remove the existing pumping equipment including the column pipe, wiring, pressure transducers, pump and motor. The contractor shall inspect and clean the wiring, column piping, pump and motor and make a written summary of any observed irregularities, wear or apparent damage piping, etc. Contractor is to carefully disassemble piping, as required. Contractor shall provide necessary pump equipment and necessary apparatus for well cleaning operations.

B. Pumping Equipment - The pumping equipment, column pipe, and discharge head shall be dismantled, cleaned, inspected, and a list of recommended repair parts prepared and submitted to the Engineer. No repairs shall be made without prior authorization. Prior to reinstallation, the pumping equipment shall be reassembled, painting the inside and the outside of the column pipe and the outside of the bowls with a bitumastic enamel that is

NSF approved. This work shall be performed by factory trained personnel. All repairs shall be completed within 5 working days.

3.03 CHEMICAL FOR USE IN CLEANING

A. The Contractor shall complete the following:

1. Measure and record the static water level and the depth of the well before, during and after each cleaning treatment. The existing pump can be utilized to establish specific capacity of the well. The contractor shall provide pumps during the well cleaning and final tests capable of pumping at the above rate

2. Determine the specific capacity of the well according to the following schedule.

a. Before well cleaning. Specific capacity to be determined utilizing the existing pump after well has been pumping continuously for two (2) hours under current system operation conditions. The contractor is to coordinate with OWNER to assist in operating the well pump in advance of specific capacity measurements. A combination of discharge through fire hydrant and/or into the distribution system shall be utilized.

b. After each chemical addition and surging process, or at a minimum of once per day.

c. After well cleaning:

1. Determine the specific capacity after pumping continuously two

(2) hours at the same pumping rate performed in Section 3.02

A.2.a.

2. Determine the specific capacity after pumping continuously two

(2) hours at the maximum safe pumping rate as determined by the

Contractor.

3. Obtain water samples from well and have them analyzed by a Massachusetts DEP certified laboratory for the following water quality parameters prior to cleaning the well and at the completion of the well cleaning treatment.

02660-4

a. Color, iron, manganese, sodium, chloride, total coliform, and e-coli bacteria, alkalinity, pH, and calcium.

The laboratory shall provide a three-day turnaround of the analytical results. The

Contractor shall have the results sent via facsimile or e-mail by the laboratory to the Owner and Engineer.

4. Pump and rate well with the Contractor's pumping equipment and flow measurement equipment. Measure and record pumping water levels, test flow rate, specific capacity, rate of recovery at time of shutdown, and estimate quantity of fines removed. These measurements shall be taken and recorded before, during and after cleaning and redevelopment of the well.

5. Discharge of waste and chemicals. The Contractor shall discharge all wastes from the cleaning operations outside a 100-foot radius around the well and any other existing wells, at a location to be determined in the field acceptable to the Owner.

Acid and chlorine shall be neutralized in an approved tank prior to discharge into the environment. The Contractor shall discharge the water from the neutralizing tank into a sedimentation basin. Water and sediment being pumped during development shall be discharged through an approved orifice to the erosion control settling systems and constructed as detailed on the sedimentation schematic at the end of this section. The contractor is responsible for connecting development discharge hose to a sediment settlement tank or basin. The erosion control systems shall be located outside of all wetland buffer zones and on property owned or controlled by the Owner. The Contractor shall check the pH and chlorine residual of the neutralized water frequently. No discharge water, chemicals or waste shall be discharged directly into any surface water.

B. Cleaning the Well. The procedure to be used by the Contractor to clean the well shall be generally as outlined below. The Contractor may submit a method other than that outlined below; however, the method must be reviewed and approved by the Engineer prior to start of work.

1. Mix the required amount of each chemical, according to the manufacturer's recommendations, and pour (inject) it into the well by means of a plastic pipe extending from the top of the well to within three (3) feet of the bottom of the well.

Raise the pipe slowly as the pouring continues, thus preventing excessive dilution of the chemicals.

2. Insert surge blocks and surge the well casing (not the screen section) lightly (16 strokes per minute) for 20 minutes, then gradually increase the surging action for the specified time. During surging, the surge block apparatus must be capable of being lowered, at the direction of the engineer, into the well screen

3. During the first day of well cleaning, muriatic acid shall be injected in the well using the method described above. The acid concentration in the entire screen and gravel pack shall be 15 percent. The chemical solution shall be agitated as described in Paragraph B.2 for about four (4) hours. After agitation, the solution shall be allowed to react overnight for at least twelve (12) hours and then be pumped the next day to the neutralizing tank. The pH of the solution pumped shall be determined by the Contractor. If the solution pH is less than three (3), the

Contractor shall proceed to the next step of cleaning. The next day the well shall

02660-5 be pumped at the specified rate and duration and specific capacity determined. If the pH is greater than three (3), acid shall be reintroduced into the well.

4. After acid treatment is complete, the third day of well cleaning shall consist of well chlorination. The Contractor shall provide a chlorine concentration of one (1) pound of calcium hypochlorite per 100 gallons of water in the screen and gravel pack. The total volume of chlorine solution shall be three (3) times the volume of the water in the screen and gravel pack. Immediately following injection of chlorine solution, clean water shall be injected to purge the pump, pump column and screen. The solution shall be allowed to react overnight for at least 12 hours.

The well shall then be surged for six (6) hours the next day and the solution pumped to waste.

6. The Contractor shall then surge the well with clean water for four (4) hours during the remainder of the fourth day of cleaning. Surge water shall then be pumped to waste to the sedimentation basin. Following pumping to waste, the well shall be pumped at the specified rate and duration and specific capacity determined.

7. At an informal pre-construction conference, the amount of chemicals to be initially used shall be determined.

8. The Contractor shall place chemicals of the quantities specified and should anticipate placing more than one initial application of chemical(s) during the 32-hour stage and development period. An appropriate amount of chemicals shall be provided to neutralize the acid and chlorine.

9. Safety equipment, as required by OSHA for working in confined space conditions, shall be worn and applied by workmen while working with acid, polymer and chlorine. The Contractor shall insure that there is adequate ventilation during acid, polymer and chlorine treatment and shall be responsible for the safety of all personnel involved in the work and protection of equipment.

3.05 REDEVELOPMENT

A. Redevelopment of the well shall include surging and pumping until no traces of gravel, silt, clay or chemicals remain in the pump discharge water. A Rossum centrifugal sand tester shall be installed in the discharge head to measure the sand concentration during final development and test pumping. The limit shall not exceed 3 ppm as measured by the

Rossum sand filter after 15 minutes of pumping. Surging shall be by a method approved by the Engineer using the Contractor's pumping equipment.

B. The method must insure that reversal of flow takes place through the well screen area without any contact between the surge block and the screen section.

C. The Contractor shall anticipate spending a minimum of 20 hours of actual redevelopment time per well (does not include the time for removal of equipment, installation of

Contractor's equipment, rating the well before, during and after treatment, final disinfection of well and pump equipment, and installation of new pumping equipment and bacteriological and chemical testing). Redevelopment time shall include the time for mixing and injecting chemicals, backflushing chemicals with clean water, agitation of chemicals, and surging and pumping the well. Redevelopment time does not include the overnight (12 hours) chlorine solution reaction time.

02660-6

D. The Contractor shall measure and determine that the well is clean to its original depth. The

Contractor shall remove any accumulations of sand and silt in the well to make the well clean to its original design depth.

3.06 CHLORINATION

A. Final disinfection of the well (chlorination) of the well shall be done in accordance with

AWWA C654-13, Section 4 and 5.

3.07 PUMPING TESTS

A. The Contractor shall furnish all necessary labor, equipment and materials for testing the well for a period of time of not less than two (2) hours. The well shall be pumped at rates determined by the Engineer.

B. The well shall be pumped without interruption throughout the testing period. If the pumping test is interrupted for any reason during the test period, the Owner may declare the test a failure and may order the Contractor to repeat the test without additional compensation. Water levels shall be recorded throughout the test at the well and at the observation well outside the station.

C. No pumping tests shall be conducted without prior approval by the Engineer.

D. Upon completion of all work, the Contractor shall submit to the Engineer two (2) copies of all records, measurements, pumping rates, water levels, water quality data, etc., and documented procedures used to clean the well.

3.08 CLEAN-UP AND BASIS OF ACCEPTANCE

A. Upon completion of all specified work at the well site, the pump station and surrounding area shall be left in a condition equal to or better than that existing prior to the work. All materials used in the work, but not permanently installed, shall be removed from the site.

B. Final acceptance of the specified work for the gravel wells will be made by the Owner based upon the well meeting the following specific capacity goal and pumping criteria:

Well ID Pumping Rate (2 hours) Specific Capacity gpm

The Contractor shall provide a written report on the quantities of chemicals used, redevelopment performance data, equipment replacement and cleaning and recommendations.

3.09 BACTERIOLOGICAL AND CHEMICAL TESTS

A. After final flushing and before the station is placed in service, samples of water that has stood in the well for at least 24 hours after final flushing shall be collected, shall be tested for bacteriological quality in accordance with Standard Methods, and shall show the absence of coliform and background organisms. Upon notification of successful bacteriological test results, a second sample shall be taken and analyzed for bacteriological quality. A minimum of 24 hours shall pass between each bacteriological test. A standard plate count will be required.

02660-7

B. A sample shall also be collected and tested for general chemistry with the same parameters to the general chemistry samples taken prior to the well cleaning.

C. Upon receipt of one successful bacteriological tests, and a general chemistry test which does not show general chemical parameters in excess of those prior to treatment, the station and well shall be acceptable for pumping water into the distribution system.

D. In the event that positive reports of contamination or excessive chemical parameters are received, the well and discharge line shall be flushed and chlorinated as may times as may be necessary to obtain approved (negative) results.

E. The Contractor shall obtain water samples from the well and deliver them to a

Massachusetts DEP certified laboratory. The laboratory shall provide a three-day turnaround of the analytical results. The Contractor shall have copies of the bacteriological and general chemical analyses results FAXED or e-mailed to the Owner and Engineer directly by the laboratory.

3.10 WORK OBSERVATION

A. An Engineer's and/or Owner's representative shall be on-site to witness the work relative to this specification section. Contractor shall give a minimum of four (4) days notice to

Engineer and Owner prior to performing any work for this project.

END OF SECTION

OWNER – CONTRACTOR AGREEMENT

WELL CLEANING AND REDEVELOPMENT: GROVE POND WELL 6 AND SPEC POND WELL 1B

PROJECT

THIS AGREEMENT made this ___ day of _____________, 2026 by and between the

Town of Ayer, a municipal corporation duly organized under the laws of Massachusetts and having a usual place of business at Ayer Town Hall, One Main Street, Ayer, MA 01432, herein-after referred to as the “TOWN”, and ___________________________, a corporation with a business address at ____________________________________ , hereinafter referred to as the

“CONTRACTOR”.

WITNESSETH:

WHEREAS, the Contractor has submitted a quote for construction of the Well Cleaning and

Redevelopment: Grove Pond Well 6 and Spec Pond Well 1B Project.

NOW, THEREFORE, The Town and the Contractor agree as follows:

1. Contract Documents

The Contract Documents consist of

(a) This Agreement;

(b) The Contractor’s Quote submitted by the Contractor to the Town on

, a copy of which is attached hereto and incorporated herein as ATTACHMENT

‘A’;

(c) The Request for Quotes, including Specifications and Plans; and

(d) Prevailing Wage Rate sheet.

The Contract Documents constitute the entire Agreement between the parties concerning the work, and are as fully a part of this Agreement as if attached hereto.

2. Scope of Work

The Contractor shall furnish all labor, materials, equipment and insurance to perform all work required for the project known as the Wastewater Pump Impeller and Volute

Replacement: Central Ave Pump Station Project.

3. Changes in the Work

No changes in the work covered by the approved Contract shall be made without prior written approval of the Town Water and Sewer Superintendent. Charges or credits for the work covered by the approved change shall be determined by one or more, or a combination of the following methods:

(a) Unit bid prices previously approved.

(b) An agreed lump sum.

(c) The actual cost of:

a. Labor.

b. Materials entering permanently into the work.

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

d. Power and consumable supplies for the operation of power and equipment.

e. Wages to be paid.

4. Claims for Additional Costs

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

5. Term of Contract

This Agreement shall be in effect for 60 days from the agreement date unless terminated earlier pursuant to the terms hereof. The Work shall be substantially completed by April 1, 2027.

6. Compensation

The Town shall pay, as full compensation for the services furnished and delivered in carrying out this Agreement. Total Bid Price shall not exceed $ _____________________ in accordance with the attached quote from the Contractor.

7. Payment of Compensation

The Town shall make payments within thirty (30) days after receipt of invoice to be submitted as a lump sum at the completion of the project.

8. Liability of the Town

The Town’s liability hereunder shall be to make all payments when they shall become due, and the Town shall be under no further obligation or liability. Nothing in this Agreement shall be construed to render the Town or any elected or appointed official or employee of the Town, or their successors in office, personally liable for any obligation under this agreement.

9. Independent Contractor

The Contractor acknowledges and agrees that it is acting as an independent contractor for all work and services rendered pursuant to this Agreement, and shall not be considered and employee or agent of the Town for any purpose.

10. Indemnification

The Contractor shall indemnify, defend, and hold the Town harmless from and against any and all claims, demands, liabilities, actions, causes of actions, costs and expenses, including attorney’s fees, arising out of the contractor’s breach of this Agreement or the negligence or misconduct of the contractor, or the contractor’s agents or employees.

11. Insurance

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

(a) Claims under workers' or workers' compensation, disability benefit and other applicable employee benefit acts - Statutory;

(b) Claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees - $1,000,000;

(c) Claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees - $1,000,000 occurrence;

(d) Claims for damages insured by usual personal injury liability coverage which are sustained (1) by any person as a result of an offense directly or indirectly related to the employment of such person by the Contractor, or (2) by any other person - $1,000,000;

(e) Claims for damages, including damages to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom - $1,000,000 occurrence;

(f) Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle - $1,000,000 occurrence, $1,000,000 aggregate;

(g) Claims involving contractual liability applicable to the Contractor's obligations under

Article 13.

(h) Excess or umbrella liability - $1,000,000 occurrence, $1,000,000 aggregate.

The limits of liability for coverage required under the preceding paragraph shall be as required by the Owner.

Except for Worker's Compensation, all liability coverage shall name the Town of Ayer as an additional insured and shall provide for 30 days prior written notice to the Town of any modification or termination of coverage provided thereby. The Contractor shall provide the Owner with appropriate certificate(s) of insurance evidencing compliance with this provision prior to the commencement of any work under this Agreement. Each such certificate shall specifically refer to this Agreement and shall state that such insurance is as required by this Agreement. Failure to provide or to continue in force such insurance shall be deemed a material breach of this Agreement and shall be grounds for immediate termination.

12. Indemnification

The Contractor shall indemnify and hold harmless the Owner from and against any and all claims, damages, losses, and expenses, including attorney's fees, arising out of the performance of this Agreement when such claims, damages, losses, and expenses are caused, in whole or in part, by the acts, errors, or omissions of the Contractor or his employees, agents, subcontractors or representatives.

13. Assignment

The Contractor shall not assign, sublet or otherwise transfer this Agreement, in whole or in part, without the prior written consent of the Town, and shall not assign any of the moneys payable under this Agreement, except by and with the written consent of the Town.

14. Termination

(a) Termination for Cause If at any time during the term of this Agreement the Town determines that the Contractor has breached the terms of this Agreement by negligently or incompetently performing the work, or any part thereof, or by failing to perform the work in a timely fashion, or by failing to perform the work to the satisfaction of the

Town, or by not complying with the direction of the Town or its agents, or by otherwise failing to perform this Agreement in accordance with all of its terms and provisions, the

Town shall notify the Contractor in writing stating therein the nature of the alleged breach and directing the Contractor in writing stating therein the nature of the alleged breach directing the Contractor to cure such breach within ten (10) days. The

Contractor specifically agrees that it shall indemnify and hold the Town harmless from any loss, damage, cost, charge, expense or claim arising out of our resulting from such breach regardless of its knowledge or authorization of the actions resulting in the breach. If the Contractor fails to cure said breach within ten (10) days, the Town may, at its election at any time after the expiration of said ten (10) days, terminate this

Agreement by giving written notice thereof to the Contractor specifying the effective date of the termination. Upon receipt of said notice, the Contractor shall cease to incur additional expenses in connection with this Agreement. Upon the date specified in said notice, this Agreement shall terminate. Such termination shall not prejudice or waive any rights or action which the Town may have against the Contractor up to the date of such termination, and the Contractor shall be liable to the Town for any amount which it may be required to pay in excess of the compensation provided herein in order to complete the work specified herein in a timely manner. Upon such termination, the

Contractor shall be entitled to compensation for all satisfactory work completed prior to the termination date, as determined by the Town.

(b) Termination of Convenience

The Town may terminate this Agreement at any time for convenience by providing the

Contractor written notice specifying therein the termination date which shall not be sooner then ten days from the issuance of said notice. Upon receipt of said notice, the

Contractor shall cease to incur additional expenses in connection with this Agreement.

Upon such termination, the contractor shall be entitled to compensation for all satisfactory work completed prior to the termination date, as determined by the Town, such payment not to exceed the fair value of the services provided hereunder.

15. Inspection and Reports

The Town shall have the right at any time to inspect the work of the Contractor, including the right to enter upon any property owned or occupied by Contractor, whether situated within or beyond the limits of the Town. Whenever requested, the Contractor shall immediately furnish to the Town full and complete written reports of its operation under this Contract in such detail and with such information as the Town may request.

16. Successor and Assigns

This Agreement is binding upon the parties hereto, their successors, assigns, and legal representatives. Neither the Town nor the Contractor shall assign or transfer any interest in the Agreement without written consent of the other.

17. Compliance with Laws

The Contractor shall comply with all Federal, State, and local laws, rules, regulations, and orders applicable to the work provided pursuant to this Agreement, such provisions being incorporated herein by reference, shall be responsible for obtaining licenses, permits, and approvals required for the performance of the work.

18. Notice

Any and all notices, or other communications required or permitted under this Agreement, shall be in writing and delivered by hand or mailed postage prepaid, return receipt requested, by registered or certified mail or by other reputable delivery service, to the parties at the addresses set forth on Page 1 or furnished from time to time in writing hereafter by one party to the other party. Any such notice or correspondence shall be deemed given when so delivered by hand, if so mailed, when deposited with the U.S. Postal

Service or, if sent overnight or other delivery service, when deposited with such delivery service.

19. Severability

If any term or condition of this Agreement or any application thereof shall to any extent be held invalid, illegal or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining terms and conditions of this Agreement shall not be deemed affected thereby unless one or both parties would be substantially or materially prejudiced.

20. Governing Law

This Agreement shall be governed by, construed and enforced in accordance with the laws of the Commonwealth of Massachusetts and the Contractor submits to the jurisdiction of any of its appropriate courts for the adjudication of disputes arising out of this Agreement.

21. Entire Agreement

This Agreement, including all documents incorporated herein by reference, constitutes the entire integrated agreement between the parties with respect to the matters described. This

Agreement supersedes all prior agreements, negotiations and representations, either written or oral, and shall not be modified or amended except by a written document executed by the parties hereto.

IN WITNESS HEREOF, the parties hereto have executed this Agreement on this day and year first above written.

TOWN OF AYER, MA CONTRACTOR

By: Town Manager Authorized Representative

Signature Signature

Printed Name Printed Name

Town Manager Title Title

{MW001504;1} EJCDC C-615(A) Payment Bond March 2008

Prepared by the Engineers Joint Contract Documents Committee.

PAYMENT BOND

Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.

CONTRACTOR (Name and Address): SURETY (Name, and Address of Principal Place of Business):

OWNER (Name and Address):

Town of Ayer

1 Main Street

CONTRACT

Effective Date of Agreement:

Amount:

Description (Name and Location):

BOND

Bond Number:

Date (Not earlier than Effective Date of

Agreement):

Amount:

Modifications to this Bond Form:

Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment

Bond to be duly executed by an authorized officer, agent, or representative.

CONTRACTOR AS PRINCIPAL SURETY

(Seal) (Seal)

Contractor's Name and Corporate Seal Surety’s Name and Corporate Seal

By: By:

Signature Signature (Attach Power of Attorney)

Print Name Print Name

Attest: Attest:

Signature Signature

Note: Provide execution by additional parties, such as joint venturers, if necessary.

{MW001504;1} EJCDC C-615(A) Payment Bond March 2008

Prepared by the Engineers Joint Contract Documents Committee.

1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract, which is incorporated herein by reference.

2. With respect to Owner, this obligation shall be null and void if

Contractor:

2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and

2.2 Defends, indemnifies, and holds harmless Owner from all

claims, demands, liens, or suits alleging non-payment by

Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the

Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default.

3. With respect to Claimants, this obligation shall be null and void if

Contractor promptly makes payment, directly or indirectly, for all sums due.

4. Surety shall have no obligation to Claimants under this Bond until:

4.1 Claimants who are employed by or have a direct contract with

Contractor have given notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim.

4.2 Claimants who do not have a direct contract with Contractor:

1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed; and

2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which

Contractor had indicated the claim will be paid directly or indirectly; and

3. Not having been paid within the above 30 days, have sent a written notice to Surety (at the address described in

Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to

Contractor.

5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is enough compliance.

6. Reserved.

7. Surety’s total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety.

8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this

Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner’s priority to use the funds for the completion of the Work.

9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond.

10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders, and other obligations.

11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the

Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the

Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.

12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by

Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page.

13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond.

14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this

Bond or shall permit a copy to be made.

15. Definitions

15.1 Claimant: An individual or entity having a direct contract with

Contractor, or with a first-tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms “labor, materials or equipment” that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the

Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor’s subcontractors, and all other items for which a mechanic’s lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished.

15.2 Contract: The agreement between Owner and Contractor

identified on the signature page, including all Contract

Documents and changes thereto.

15.3 Owner Default: Failure of Owner, which has neither been

remedied nor waived, to pay Contractor as required by the

Contract, or to perform and complete or otherwise comply with the other terms thereof.

FOR INFORMATION ONLY – (Name, Address, and Telephone)

Surety Agency or Broker:

Owner’s Representative (Engineer or other):

Attachment A

Well Diagrams

Attachment B

Prevailing Wage Rates

THE COMMONWEALTH OF MASSACHUSETTS

EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT

DEPARTMENT OF LABOR STANDARDS

Prevailing Wage Rates

MAURA HEALEY

Governor

KIM DRISCOLL

Lt. Governor

As determined by the Director under the provisions of the Massachusetts General Laws, Chapter 149, Sections 26 to 27H

LAUREN JONES

Secretary

MICHAEL FLANAGAN

Director

Awarding Authority: Ayer - Department of Public Works City/Town: AYER

Wage Request No: 20260908162930 Job Location: Various

Description of Work: Well Cleaning and Redevelopment of two Drinking Water Wells at various locations

Contract Number: 27DPW05

§§ 26-27D Construction Project

This Prevailing Wage Schedule establishes the minimum wage rates that employees on this public works construction project must be paid. The project’s Wage Request Number is listed above and on all pages of this Schedule. This schedule applies only to this specific project.

Awarding Authority Responsibilities Contractor Responsibilities

You must include this Prevailing Wage Schedule (PWS) or an appropriate reference to it in all advertisements and calls for bids.

The PWS must be incorporated in its entirety into all contracts for this project (G.L. c. 149, § 27).

The wage rates on this PWS will remain in effect for the duration of the project. Exception: You must request an updated schedule for any multi-year construction project no later than 2 weeks before the project’s yearly anniversary date.

For CM AT RISK projects, the anniversary date is the earlier of the signing date of: (a) the GMP Amendment; or (b)…