Round Pond Complete PDF_.pdf

TOWN OF MANCHESTER-BY-THE-SEA

MASSACHUSETTS

STATEMENT OF WORK

FOR THE CONSTRUCTION OF

ROUND POND WELL NO. 1 CLEANING AND REDEVELOPMENT

CONTRACT NO. 1

TATA & HOWARD, INC.

CONSULTING ENGINEERS

67 FOREST STREET

MARLBOROUGH, MASSACHUSETTS

SEPTEMBER 2020

TOWN OF MANCHESTER-BY-THE-SEA

MASSACHUSETTS

STATEMENT OF WORK

FOR THE CONSTRUCTION OF

ROUND POND WELL NO. 1 CLEANING AND REDEVELOPMENT

CONTRACT NO. 1

TATA & HOWARD, INC.

CONSULTING ENGINEERS

67 FOREST STREET

MARLBOROUGH, MASSACHUSETTS

SEPTEMBER 2020

TABLE OF CONTENTS

Section Title

TC-1 6421

DIVISION 0 – CONTRACT DOCUMENTS

00030 Advertisement

00300 Bid Form

00411 Certificate of Non-Collusion

00412 Certificate of Tax Compliance

00610 Performance Bond

00615 Payment Bond

00820A Massachusetts Prevailing Wage Rates

00820B Insurance Requirements

DIVISION 1 – GENERAL REQUIREMENTS

01025 Measurement and Payment 01567 Environmental Protection

DIVISION 2 – SITE WORK

02665 Well Cleaning

APPENDICES

Appendix A Determination of Applicability from the Hamilton Conservation Commission

(Pending)

Appendix B Locus Map

ADVERTISEMENT

The Town of Manchester-by-the-Sea (“Owner”) is seeking a written proposals for the Round Pond Well

No. 1 Cleaning and Redevelopment, Contract No. 1, until 2:00 pm prevailing time, on Thursday, October

8, 2020.

The Work of this Contract generally consists of chemical cleaning and redevelopment of the Round

Pound Well No. 1 located approximately 250 feet north of Round Pond in Hamilton, Massachusetts. The

Work includes an evaluation of the condition of the existing well pump when it is removed to clean the well.

Additional information regarding the Statement of Work, including a PDF copy of the Statement of Work Package, may be obtained electronically through Tata & Howard, Inc. by contacting Mitchell Garon at MGaron@tataandhoward.com.

The bidding and award of the Contract will be under the provisions of “Massachusetts General Law, Chapter 30, Section 39M (MGL C.30, S.39M).”

A Performance Bond and Labor and Materials Payment Bond, each in the amount of 50-percent of the

Contract Price, will be required in the form described herein.

Minimum wage rates as determined by the Director of the Department of Labor Standards under the provisions of the Massachusetts General Laws, Chapter 149, Sections 26 to 27H, as amended, apply to this project. It is the responsibility of the bidder, before submitting its proposal, to request if necessary, any additional information on Minimum Wage Rates for those trades people and additional classifications who may be employed for the proposed work under this Contract.

BID FORM 6421

00300-1

SECTION 00300

BID FORM

The bid of (hereinafter called "Bidder"), organized and existing under the laws of the State of doing business as (Insert "a corporation,” "a partnership", or "an individual", as applicable) to the Town of Manchester-by-the-Sea, Massachusetts, (hereinafter called “Owner”)

In compliance with your Advertisement for Bids, Bidder hereby proposes to perform all work for the Round Pond Well No. 1 Cleaning and Redevelopment, Contract No. 1, in strict accordance with the Contract Documents, within the time set forth therein, and at the prices stated below.

By submission of this Bid Form, each Bidder certifies, and in the case of a joint Bid, each party thereto certifies as to his own organization, that this Bid Form has been arrived at independently, without consultation, communication, or agreement, as to any matter relating to this Bid Form with any other Bidder or with any competitor.

Bidder hereby agrees to commence work under this contract on or before a date to be specified in the Notice To Proceed and to fully complete the project within 90 consecutive calendar days thereafter. Bidder further agrees to pay as liquidated damages, the sum of $1,300 for each consecutive calendar day thereafter.

To the Awarding Authority:

1. The undersigned proposes to furnish all labor and materials required for Round Pond Well No. 1

Cleaning and Redevelopment, Contract No. 1, in accordance with the accompanying Contract Documents prepared by Tata & Howard, Inc., for the Proposed Contract Price specified below, subject to additions and deductions according to the terms of the Contract Documents.

2. Bidder acknowledges receipt of the following Addenda:

Addendum # Dated: ______ Addendum # Dated: ______ Addendum # Dated: ______

Bidder understands that the Owner reserves the right to reject any or all bids, to waive any informalities in the bidding or to reduce the scope of the Work to stay within budget restraints.

Upon receipt of written notice of the acceptance of this bid, Bidder will execute the formal Contract within 5 days (Saturdays, Sundays and legal holidays excluded) and deliver a Surety Bond or Bonds as required by the Contract Documents.

The undersigned further certifies under the penalties of perjury that this bid is in all respects bona fide, fair and made without collusion or fraud with any other person. As used in this subsection the word “person” shall mean any natural person, joint venture, partnership, corporation or other business or legal entity.

The undersigned further certifies under penalty of perjury that the said undersigned is not presently debarred from doing public construction work in the Commonwealth under the provisions of Section twenty-nine

00300-2

(29) F of Chapter twenty-nine (29) or any other applicable debarment provisions of any other Chapter of the General Law or any rule or regulation promulgated thereunder M.G.L. c.149, ss. 44E(2) and 44F(2).

Pursuant to MGL 62C, Section 49A, I certify under the penalties of perjury that I, to my best knowledge and belief, have filed all State Tax Returns and paid all State Taxes required under Massachusetts General Laws.

Date_____________________________

If the Bidder is a corporation, indicate State of incorporation, and affix corporate seal.

(Name of General Bidder)

By___________________________________ (Name of Person Signing Bid and Title)

(Business Address)

(City and State)

Amounts are to be shown in both words and figures. In cases of discrepancy, the amount shown in words will govern.

The unit and lump sum prices shall include all labor, equipment, materials, overhead, profit, insurance, bond, etc. to cover the finished work of the several kinds called for.

The Contractor's attention is directed to the fact that information relative to existing structures, piping or buried cables, apparent and latent conditions and natural phenomena as furnished to him in the Contract Documents, carries no guarantee expressed or implied as to its completeness or accuracy and he has made all due allowance therefore.

The Bidder also understands that the quantities of work tabulated in this Bid Form or indicated in the Contract Documents are only approximate and are subject to increase or decrease.

The following schedule of bid items shall be completed in ink or typewritten. All unit prices must be entered in both words and figures and extended by the Bidder. In case there is a discrepancy between the total amount of bid and the correct extension and sum of the amounts for each bid item, the unit prices and their correct extension will govern.

The total bid price for the contract, correctly calculated in this Section, is to be used for the comparison of bids to determine the apparent low Bidder.

00300-3

The following unit prices as defined in the Contract Documents are designated for items of work on the basis of quantities estimated by the Engineer. The unit or lump sum price shall be entered in both words and figures in the appropriate space for each item description. Actual payment for unit price items will be for actual quantity of each item, approved by the Engineer, at the unit price bid.

ITEM

NO

ESTIMATED

QUANTITY

ITEM DESCRIPTION AND

UNIT AND LUMP SUM

PRICES IN WORDS

UNIT PRICES

DOLLARS/CENTS

IN FIGURES

EXTENDED

AMOUNT

DOLLARS/CENTS

IN FIGURES

1 L.S. Round Pond Well No. 1

Cleaning and Redevelopment

Per Lump Sum in Words

TOTAL AMOUNT OF BID ITEM 1 FOR COMPARISON OF BIDS

(In Words)

Dollars ($___________________) (In Figures)

Respectfully Submitted:

Signature Address

Title Date

License No. (If Applicable)

Seal - (If Bid is By Corporation)

Bidders shall submit the following completed forms with their bid:

1. Certificate of Non-Collusion

2. Certificate of Tax Compliance

END OF SECTION

CERTIFICATE OF NON-COLLUSION 6421

00411-1

SECTION 00411

CERTIFICATE OF NON-COLLUSION

The undersigned certifies under penalties of perjury that this 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 Individual

Signature of Individual (Represent Company)

Name of Company

Date

CERTIFICATE OF TAX COMPLIANCE 6421

00412-1

SECTION 00412

CERTIFICATE OF TAX COMPLIANCE

I certify under the pains and penalties of perjury that _____________________________

Name of individual/Company has complied with all the laws of the Commonwealth of Massachusetts relating to taxes.

Name of Individual

Signature of Individual (Represent Company)

Name of Company

EJCDC® C-610, Performance Bond

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 1 of 3

PERFORMANCE BOND

CONTRACTOR (name and address):

SURETY (name and address of principal place of business):

OWNER (name and address):

Town of Manchester-by-the-Sea

10 Central Street

Manchester-by-the-Sea 01944

CONSTRUCTION CONTRACT

Effective Date of the Agreement:

Amount:

Description (name and location):

BOND

Bond Number:

Date (not earlier than the Effective Date of the Agreement of the Construction Contract):

Amount:

Modifications to this Bond Form: None See Paragraph 16

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

Title Title

Attest: Attest:

Signature Signature

Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to

Contractor, Surety, Owner, or other party shall be considered plural where applicable.

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1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the

Owner for the performance of the Construction Contract, which is incorporated herein by reference.

2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in

Paragraph 3.

3. If there is no Owner Default under the Construction Contract, the

Surety’s obligation under this Bond shall arise after:

3.1 The Owner first provides notice to the Contractor and

the Surety that the Owner is considering declaring a Contractor

Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor, and

Surety to discuss the Contractor’s performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner’s notice, request such a conference. If the Surety timely requests a conference, the

Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Paragraph 3.1 shall be held within ten (10) business days of the Surety’s receipt of the

Owner’s notice. If the Owner, the Contractor, and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner’s right, if any, subsequently to declare a

Contractor Default;

3.2 The Owner declares a Contractor Default, terminates

the Construction Contract and notifies the Surety; and

3.3 The Owner has agreed to pay the Balance of the

Contract Price in accordance with the terms of the Construction

Contract to the Surety or to a contractor selected to perform the

Construction Contract.

4. Failure on the part of the Owner to comply with the notice requirement in Paragraph 3.1 shall not constitute a failure to comply with a condition precedent to the Surety’s obligations, or release the

Surety from its obligations, except to the extent the Surety demonstrates actual prejudice.

5. When the Owner has satisfied the conditions of Paragraph 3, the

Surety shall promptly and at the Surety’s expense take one of the following actions:

5.1 Arrange for the Contractor, with the consent of the

Owner, to perform and complete the Construction Contract;

5.2 Undertake to perform and complete the Construction

Contract itself, through its agents or independent contractors;

5.3 Obtain bids or negotiated proposals from qualified

contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the

Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the

Contractor Default; or

5.4 Waive its right to perform and complete, arrange for

completion, or obtain a new contractor, and with reasonable promptness under the circumstances:

5.4.1 After investigation, determine the amount for

which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or

5.4.2 Deny liability in whole or in part and notify the

Owner, citing the reasons for denial.

6. If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Paragraph 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner.

7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication for:

7.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract;

7.2 additional legal, design professional, and delay costs resulting from the Contractor’s Default, and resulting from the actions or failure to act of the Surety under Paragraph 5; and

7.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor.

8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the

Surety’s liability is limited to the amount of this Bond.

9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction

Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors, and assigns.

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

11. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the

Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum periods of limitations available to sureties as a defense in the jurisdiction of the suit shall be applicable.

12. Notice to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears.

13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this

Bond shall be construed as a statutory bond and not as a common law bond.

14. Definitions

14.1 Balance of the Contract Price: The total amount payable

by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made including allowance for the Contractor for any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the

Construction Contract.

14.2 Construction Contract: The agreement between the

Owner and Contractor identified on the cover page, including all

Contract Documents and changes made to the agreement and the

Contract Documents.

14.3 Contractor Default: Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract.

14.4 Owner Default: Failure of the Owner, which has not

been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction

Contract.

14.5 Contract Documents: All the documents that comprise

the agreement between the Owner and Contractor.

15. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be

Subcontractor and the term Owner shall be deemed to be Contractor.

16. Modifications to this Bond are as follows:

EJCDC® C-615, Payment Bond

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PAYMENT BOND

CONTRACTOR (name and address): SURETY (name and address of principal place of business):

OWNER (name and address):

Town of Manchester-by-the-Sea

Manchester-by-the-Sea 01944

CONSTRUCTION CONTRACT

Effective Date of the Agreement:

Description (name and location):

BOND

Bond Number:

Date (not earlier than the Effective Date of the Agreement of the Construction Contract):

Modifications to this Bond Form: None See Paragraph 18

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

Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.

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

2. If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies, and holds harmless the Owner from claims, demands, liens, or suits by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the

Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond.

3. If there is no Owner Default under the Construction

Contract, the Surety’s obligation to the Owner under this

Bond shall arise after the Owner has promptly notified the

Contractor and the Surety (at the address described in

Paragraph 13) of claims, demands, liens, or suits against the

Owner or the Owner’s property by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction

Contract, and tendered defense of such claims, demands, liens, or suits to the Contractor and the Surety.

4. When the Owner has satisfied the conditions in Paragraph

3, the Surety shall promptly and at the Surety’s expense defend, indemnify, and hold harmless the Owner against a duly tendered claim, demand, lien, or suit.

5. The Surety’s obligations to a Claimant under this Bond shall arise after the following:

5.1 Claimants who do not have a direct contract with

the Contractor,

5.1.1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and

5.1.2 have sent a Claim to the Surety (at the address described in Paragraph 13).

5.2 Claimants who are employed by or have a direct

contract with the Contractor have sent a Claim to the Surety (at the address described in Paragraph

13).

6. If a notice of non-payment required by Paragraph 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant’s obligation to furnish a written notice of non-payment under Paragraph 5.1.1.

7. When a Claimant has satisfied the conditions of Paragraph

5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety’s expense take the following actions:

7.1 Send an answer to the Claimant, with a copy to the

Owner, within sixty (60) days after receipt of the

Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and

7.2 Pay or arrange for payment of any undisputed

amounts.

7.3 The Surety’s failure to discharge its obligations

under Paragraph 7.1 or 7.2 shall not be deemed to constitute a waiver of defenses the Surety or

Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and

Claimant have reached agreement. If, however, the

Surety fails to discharge its obligations under

Paragraph 7.1 or 7.2, the Surety shall indemnify the

Claimant for the reasonable attorney’s fees the

Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant.

8. The Surety’s total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney’s fees provided under Paragraph 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety.

9. Amounts owed by the Owner to the Contractor under the

Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the

Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this

Bond, subject to the Owner’s priority to use the funds for the completion of the work.

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

Claimants, or otherwise have any obligations to Claimants under this Bond.

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

12. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the

Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a

Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, or

(2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished

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(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.

13. Notice and Claims to the Surety, the Owner, or the

Contractor shall be mailed or delivered to the address shown on the page on which their signature appears.

Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received.

14. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this

Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond.

15. Upon requests by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and

Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made.

16. Definitions

16.1 Claim: A written statement by the Claimant

including at a minimum:

1. The name of the Claimant;

2. The name of the person for whom the labor was done, or materials or equipment furnished;

3. A copy of the agreement or purchase order pursuant to which labor, materials, or equipment was furnished for use in the performance of the Construction Contract;

4. A brief description of the labor, materials, or equipment furnished;

5. The date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction

Contract;

6. The total amount earned by the Claimant for labor, materials, or equipment furnished as of the date of the Claim;

7. The total amount of previous payments received by the Claimant; and

8. The total amount due and unpaid to the

Claimant for labor, materials, or equipment furnished as of the date of the Claim.

16.2 Claimant: An individual or entity having a direct

contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials, or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic’s lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms of “labor, materials, or equipment” that part of the water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the

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.

16.3 Construction Contract: The agreement between the

Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract

Documents.

16.4 Owner Default: Failure of the Owner, which has not

been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract.

16.5 Contract Documents: All the documents that

comprise the agreement between the Owner and

Contractor.

17. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this

Bond shall be deemed to be Subcontractor and the term

Owner shall be deemed to be Contractor.

18. Modifications to this Bond are as follows:

MASSACHUSETTS PREVAILING WAGE RATES

00820A-1

SECTION 00820A

MASSACHUSETTS PREVAILING WAGE RATES

SUPPLEMENTARY CONDITIONS 6421

00820B-1

SECTION 00820B

INSURANCE REQUIREMENTS

INSURANCE

The limits of liability for the insurance shall provide the following coverage’s for not less than the following amounts or greater where required by Laws or Regulations:

No. Coverage Amounts

6.03.A Worker’s Compensation

(1) Worker’s Compensation in accordance with M.G.L. c.149, Sect 34A

(2) Employer’s Liability $1,000,000

6.03.B and C Commercial General Liability

(1) Bodily Injury

$5,000,000 Each Occurrence $5,000,000 Annual Aggregate

(2) Property Damage $5,000,000 Each Occurrence $5,000,000 Annual Aggregate

6.03.D Automobile Liability

(1) Bodily Injury

$1,000,000 Each Occurrence $1,000,000 Annual Aggregate

(2) Property Damage $1,000,000 Each Occurrence

6.03.E Umbrella or Excess Liability

(1) Combined Single Limit $5,000,000 Each Occurrence $5,000,000 Annual Aggregate

6.03.F Contractor’s Pollution Liability

(1) Combined Single Limit $3,000,000 Each Occurrence $3,000,000 Annual Aggregate

6.03.G Separate Owner’s Protective

Liability

(1) Bodily Injury $1,000,000 Each Occurrence

(2) Property Damage $1,000,000 Each Occurrence $1,000,000 Annual Aggregate

6.03.H Professional Liability (if required)

(1) Combined Single Limit $3,000,000 Per Claim $3,000,000 Annual Aggregate

MEASUREMENT AND PAYMENT 6421

01025-1

SECTION 01025

MEASUREMENT AND PAYMENT

PART 1 GENERAL

1.01 DESCRIPTION

A. The purpose of this Section is to define the method of measurement and payment for each of the unit prices or lump sums listed in the Bid Form. If no bid item appears in the Bid Form for any of the following described items, no work of that description is anticipated on the project.

1. The Contractor shall thoroughly review the work required for each payment item.

2. The Contractor shall have included in his various bid items an amount to cover costs for additional work which may be necessary.

3. The discovery of an underground facility during the construction not shown on the Contract Drawings shall not constitute automatic initiation of a change order.

The additional work to cross or pass this underground facility must be substantial for consideration for additional payment.

a. The word “substantial” as used above shall mean that an additional amount of work is required beyond the work that is normally required in the crossing or paralleling of an underground facility.

B. There will be no separate payment for compliance with the Commonwealth of

Massachusetts COVID-19 Guidelines and Procedures for All Construction Site and Workers at All Public Work document. The costs associated with compliance shall be included in the various unit price or lump sum bid prices in the contract.

1.02 RELATED WORK

A. Documents affecting the work of this Section include all Divisions of these Specifications.

1.03 TEMPORARY CONSTRUCTION FENCE

A. All costs for temporary construction fence as required by the Owner and Engineer shall be included in the lump sum price under Item No. 1.

1.04 RESTORATION OF DAMAGED AREAS

A. All costs for restoration of damaged areas, including but not necessarily limited, to existing sidewalks, curbs, shrubs, trees, stone walls, lawns, loam and seed shall be included in the lump sum price under Item No. 1.

B. All public or private monuments, iron pipes or other types of property line and geodetic markers damaged or disturbed by operations under this Contract shall be reset by a licensed land surveyor - all at no additional cost to the Owner. All other work, under this Section, shall not be paid separately, but shall be considered incidental to the work and included in the lump sum items.

MEASUREMENT AND PAYMENT 6421

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1.05 MEASUREMENT OF QUANTITIES

A. The quantities of the various items of work performed shall be determined, for purposes of progress and final payment, by the Contractor and reviewed by the Engineer.

B. The method of measurements to be used in the determination of quantities of the work of this Contract shall be as specified in this Section.

1. Lump Sum: The term “lump sum” when used as a unit of payment shall mean complete payment for the work described in the Contract Documents.

1.06 PAYMENT

ITEM NO DESCRIPTION

1 Round Pond Well No. 1 Cleaning and Redevelopment

Item No. 1 Round Pond Well No. 1 Cleaning and Redevelopment

Payment shall be made at the lump sum price bid under Item No. 1 in the Bid Form.

Payment shall be full compensation for furnishing all labor, materials, tools, and equipment necessary to complete the Round Pond Well No. 1 Cleaning and Redevelopment, complete, as required by the Contract Documents. Work shall include, but not be limited to, mobilization, environmental controls including straw bales and silt fence as required, support and protection of facilities, pump tests, removal of the existing pump, chemical cleaning, redevelopment, and disinfection of the well, video inspection of the well before and after well cleaning, evaluation of the condition of the existing pump, cleaning and coating the existing pump, reinstallation of the pump, return to service of Round Pond Well No. 1, and surface restoration, all as required by the Contract Documents. Item No. 1 shall include any other work which is not specified or shown, but is necessary to complete the Work. Payment of the lump sum will be based on physical progress for each activity in accordance with the approved Schedule of Values. The bid price shall include 40 hours of redevelopment time. The price shall be adjusted by $150 per hour for more or less redevelopment time.

After the Round Pond Well No. 1 pump evaluation is completed by the Contractor, the costs associated with any needed repairs or the replacement of the pump may be included as a change order to the Contract if the Owner has sufficient funds available.

PART 2 PRODUCTS (Not Applicable)

PART 3 EXECUTION (Not Applicable)

ENVIRONMENTAL PROTECTION 6421

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SECTION 01567

ENVIRONMENTAL PROTECTION

A. The work covered by this section of the specifications consists of furnishing all labor, materials, equipment and services, and performing all work required for the prevention of environmental pollution during and as a result of construction operations under this contract.

B. The requirements set forth in this section of the specifications apply where indicated on the

Contract Documents and to any areas adjacent to wetlands, unless otherwise specifically stated.

C. All work under this Contract shall be in accordance with the conditions stated herein and in the Contract Documents. The Determination of Applicability for Round Pond Well No.

1 to be issued by the Hamilton Conservation Commissions apply to this Contract, and all conditions and requirements shall be met by the Contractor.

D. All erosion control devices shall be constructed or installed prior to beginning any form of excavation, grading, placement of materials, or general construction.

E. All land resources within the project shall be preserved in their present condition or be restored to a condition after completion of construction at least equal to that which existed prior to work.

F. The location of storage areas for equipment and/or materials shall be upon cleared portions of the job site or areas to be cleared, as approved by the Conservation Commission, Owner, and/or the Engineer prior to commencement of construction activities.

G. Adequate measures for erosion and sediment control such as the placement of baled straw around the downstream perimeter of stockpiles shall be employed to protect any downstream areas from siltation.

H. Any water that is pumped and discharged from an excavation shall be filtered by an approved method prior to its discharge into a receiving water or drainage system.

I. The pumped water shall be filtered through a baled straw sedimentation basin to trap sediment occurring as a result of the construction operations. The sedimentation basin shall be constructed such that the discharge flow rate shall not exceed a velocity of more than one foot per second. The sediment shall be cleared from the sedimentation basin periodically.

J. Where material or debris has washed or flowed into or has been placed in existing watercourses, ditches, drains, pipes or structures, such material or debris shall be entirely removed and satisfactorily disposed of during progress of the work, and the ditches, 01567-2 channels, drains, pipes, structures, and work shall, upon completion of the work, be left in a clean and neat condition.

PART 2 PRODUCTS

2.01 STRAW BALES

A. Bales shall be made of straw with a minimum weight of forty pounds and a maximum weight of one hundred and twenty pounds. Wood stakes shall be a minimum of one-inch by one-inch nominal size and of a length sufficient to pass through the entire height of the bale and provide one foot of bury depth.

2.02 SILT FENCE

A. The silt fence shall consist of a 3-foot wide continuous length sediment control fabric, stitched to a 25-foot wide continuous length support netting, and stapled to pre-weathered oak posts spaced at a maximum of 4-feet. The oak posts shall be 1.5-inches by 1.5-inches by 5-feet and shall be tapered. The support netting shall be industrial strength polypropylene. The sediment control fabric should conform to the following properties:

1. Minimum weight: 2.5 oz/sy (ASTM D3776)

2. Minimum thickness: 17 mils (ASTM D1777)

3. Minimum tear strength: 65 lbs (ASTM D1117)

4. Minimum burst strength: 210 psi (ASTM D3786)

5. Minimum coefficient of permeability: 0.0009 cm/sec

6. Equivalent opening size (EOS): 20 (U.S. Standard Sieve)

7. Allowable water flow rate: 40 gal/min/sf

B. Sediment control fabric shall be non-rotting, acid and alkali resistant and have sufficient strength and permeability for the purpose intended, including handling and backfilling operations. Fibers shall be low water absorbent. The fiber network must be dimensionally stable and resistant to delamination. The fabric shall be free of any chemical treatment or coating that will reduce its permeability. The fabric shall also be free of any flaws or defects which will alter its physical properties. Torn or punctured fabrics shall not be used.

For each specific use, only commercially available fabric which is certified in writing by the manufacturer for the purpose intended shall be used. The Contractor shall submit a technical data sheet and certified test reports for each type of fabric to be used. The Owner reserves the right to reject any fabric which he deems unsatisfactory for a specific use. The brand name shall be labeled on the fabric or the fabric container.

C. Fabrics which are susceptible to damage from sunlight or heat shall be so identified by suitable warning information on the packaging material. Fabrics susceptible to sunlight damage shall not be used in any installations where exposure to light will exceed 30 days, unless specifically authorized in writing by the Owner.

2.03 CONSTRUCTION FENCE

A. Construction fence shall have the following properties:

1. Height: 4 feet

2. Color: Orange

3. Tensile Yield: 3,200 psi

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4. Ultimate Tensile Strength: 2,600 psi

5. Nominal Mesh Opening: 2-1/2-inch

B. Construction fence shall be installed in accordance with the manufacturer’s recommendations.

2.04 SPILL CONTAINMENT KIT

A. Contractor shall maintain a spill containment kit on site throughout the duration of construction. Spill containment kit shall be sized to contain a volume greater than the largest fuel tank on site.

PART 3 EXECUTION

3.01 NOTIFICATION

A. The Owner will notify the Contractor in writing of any non-compliance with the foregoing provisions. The Contractor shall, after receipt of such notice, immediately take corrective action. Such notice, when delivered to the Contractor or his authorized representative at the site of the work, shall be deemed sufficient for the purpose. If the Contractor fails to act promptly, the Owner may order stoppage of all or part of the work until satisfactorily corrective action has been taken. No claim for an extension of time or for excess costs or damage incurred by the Contractor as a result of time lost due to any stop orders shall be made unless it was later determined that the Contractor was in compliance.

3.02 AREAS OF CONSTRUCTION ACTIVITY

A. Insofar as possible, the Contractor shall confine his construction activities to those areas defined by the Contract Documents. All land resources within the project boundaries under this contract shall be preserved in their present condition or be restored to a condition after completion of construction at least equal to that which existed prior to work under this contract.

3.03 PROTECTION OF WATER RESOURCES

A. The Contractor shall not pollute streams, wetlands, or ponds with fuels, oils, bitumens, calcium chloride, acids or harmful materials. It is the Contractor’s responsibility to comply with all applicable Federal, State, County and Municipal laws regarding pollution of rivers, wetlands and streams.

B. Special measures should be taken to insure against spillage of any pollutants into public waters.

C. The work area is located within the 100-foot buffer zone of wetlands and within the Zone

I of drinking water supplies. Refueling and/or maintenance of construction equipment shall only take place on paved areas off site not located within any of the following:

1. Wetland resource area or water body;

2. 100 feet of a wetland resource area or water body.

3. Within the Zone I of the Round Pond Well No. 1.

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3.04 LOCATION OF STORAGE AREAS

A. The location of the Contractor’s storage areas for equipment and/or materials shall be upon cleared portions of the job site or areas to be cleared, as approved by the Conservation

Commission, Owner, and/or the Engineer prior to commencement of construction activities. Plans showing storage facilities for equipment and materials shall be submitted for approval of the Owner.

B. Adequate measures for erosion and sediment control, such as the placement of baled straw around the downstream perimeter of stockpiles, shall be employed to protect any downstream areas from siltation.

C. The Owner may designate a particular area or areas where the Contractor may store materials used in his operations.

3.05 DISCHARGE OF DEWATERING OPERATIONS

A. Any water that is pumped and discharged from an excavation as part of the Contractor’s water handling shall be filtered by an approved method prior to its discharge into a receiving water or drainage system.

B. The pumped water shall be filtered through baled straw, a vegetative filter strip or a vegetated channel to trap sediment occurring as a result of the construction operations. The vegetated channel shall be constructed such that the discharge flow rate shall not exceed a velocity of more than 1 foot per second. The sediment shall be cleared from the channel periodically.

3.06 PROTECTION OF AIR RESOURCES

A. During the progress of work, the Contractor shall conduct his operations and maintain the area of his activities, including sweeping and sprinkling of water as necessary, so as to minimize the creation and dispersion of dust.

1. If the Engineer decides that it is necessary to use calcium chloride for more effective dust control, then the Contractor shall furnish and apply the material as directed.

2. Calcium chloride shall be commercial grade, furnished in 100-pound, 5-ply bags, stored under weatherproof cover and stacked alternately for ventilation.

3. Application for dust control shall be at the rate of about 1/2 pound per square yard per application.

B. Burning of rubbish and waste material on the site shall not be permitted.

3.07 BALED STRAW

A. Bales shall be maintained or replaced until they are no longer necessary for the program intended, the requirements Determination of Applicability have been met, or are ordered removed by the Owner.

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3.08 SILT FENCE

A. Where directed by the Owner, the Contractor shall erect and maintain a temporary silt fence. The silt fence shall be used specifically to contain sediment from runoff water and to minimize environmental damage caused by construction.

B. The 5-foot oak posts shall be driven so that 2-1/2-feet remain above the ground. A 6-inch by 6-inch trench shall then be excavated at the base of the fence for the purpose of laying, backfilling and tamping a minimum of 6-inches of the filter fabric.

C. The Contractor shall remove the trapped sediment as soon as it reaches a depth of 1-foot or when directed by the Owner.

D. The silt fence systems will be completely removed from the project at the completion of the project, unless specifically authorized by the Owner to be left in place.

3.09 INSPECTION OF CONSTRUCTION PERIOD BEST MANAGEMENT PRACTICES (BMPs)

A. Construction Period BMPs shall be inspected and maintained routinely throughout the duration of the project and after every storm event producing a 1/2-inch of precipitation or more.

WELL CLEANING 6421

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SECTION 02665

WELL CLEANING

A. The Contractor shall furnish all labor, equipment, chemicals and materials necessary to pump test, clean, redevelop, disinfect and return to service the Round Pond Well No. 1 located in Hamilton, Massachusetts.

1. Round Pond Well No. 1 is an 8-inch diameter gravel packed well, 35 feet in depth with 10 feet long screen placed from 25 to 35 feet. The latest capacity measured after cleaning was 270 gpm with a total drawdown of 8.0 feet in September 2014.

The design pumping rate of the existing well pump is 300 gpm.

1.02 EXISTING WELL

A. The Contractor shall protect the existing well and piping, as necessary during the well cleaning. Any pipes or equipment broken or damaged during the course of the work shall be promptly repaired or replaced by the Contractor at his own expense.

B. Prior to beginning any work, the Contractor and Owner’s Representative shall closely inspect all piping and equipment. Any defects shall be noted in writing before construction begins.

1.03 SUBMITTALS

A. The following submittals shall be provided:

1. Work schedules.

2. All chemicals to be used.

3. Methodology for acid waste lime bed neutralization.

4. Methodology for dechlorination of waste water after chlorination.

5. Methodology for bacteriological testing.

6. Methodology for pump testing.

7. Equipment and methodology for surging and pumping during well redevelopment.

1.04 COMMENCEMENT OF THE WORK

A. The Contractor shall notify in writing the Owner’s Representative and Owner within seven days prior to commencement of the work. The Owner shall approve the scheduled dates for the cleaning of the well.

1.05 ACCESS TO WELL CLEANING AREA

A. The Owner shall provide and maintain adequate access for truck-mounted equipment prior to the Contractor moving its equipment on site; it will be the Contractor’s responsibility to notify the Owner in sufficient time so that the Owner or his representative may obtain

02665-2 necessary permission and arrange for any site work necessary. This includes overhead clearance to any structures.

1.06 EROSION CONTROL

A. Sufficient precautions shall be taken during the work to minimize the runoff of polluting substances such as silt, clay, fuels, oils, bitumens, calcium chloride, or other polluting materials harmful to humans, fish or other life, into the surface water of the State. Control measures must be adequate to assure that turbidity in the receiving water will not be increased more than 10 Nephelometric Turbidity Units (NTU), or as otherwise required by the State or other controlling body, in waters used for public water supply or fishing unless limits have been established for the particular water. In surface water used for other purposes, the turbidity must not exceed 25 NTU unless otherwise permitted. Special precautions shall be taken to prevent operations which promote erosion.

PART 2 PRODUCTS

2.01 GENERAL

A. All chemicals shall be NSF 61 approved for use with potable water.

2.02 ACID TREATMENT

A. The acid used to treat the well shall be 27.92% acid grade inhibited MURIATIC ACID

(hydrochloric acid), or approved…