Shady_Avenue_and_Ellis_Road_TTHM_Removal_System_Pr_Project Manual.pdf

Project Manual Volume 1 of 1

120 Front Street Suite 700 Worcester, MA 01608

Shady Avenue and Ellis Road TTHM Removal System Project

W-5036-005

Town of Westminster

August 2026

RICHARD G.

PROTASOWICKI

CIVIL

41885No.

08/18/2026

ERChurch Model

W5036-005_/8/17/26 TOC-1 Table of Contents

Shady Avenue and Ellis Road TTHM Removal System Project Westminster, MA Table of Contents

Section Title

Division 0 – Bidding and Contract Requirements 00100 Advertisement for Bids 00200 Instructions to Bidders 00410 Form for General Bid 00430 Bid Bond 00520 Agreement 00550 Notice to Proceed 00610 Performance Bond 00615 Payment Bond 00700 General Conditions 00800 Supplementary Conditions Attachments to Supplementary Conditions A. Massachusetts State Wage Rates B. BRP WS 32 – Distribution Modifications for Systems

Serving More than 3,300 People

C. Build America, Buy America (BABA) Requirements

Division 1 – General Requirements 01110 Summary of Work 01140 Work Restrictions 01230 Alternates 01290 Application and Certificate for Payment 01295 Schedule of Values 01310 Coordination 01320 Construction Photographs 01325 Scheduling of Construction 01330 Submittal Procedures 01350 Health and Safety Plan 01450 Quality Control 01451 Independent Testing Services 01520 Construction Facilities 01582 Project Identification 01600 Product Requirements 01630 Product Substitution During Construction 01725 Preservation and Restoration of Project Features 01770 Closeout Procedures

Division 2 – Site Construction 02315 Excavation, Backfill, Compaction and Dewatering 02317 Underground Warning Tape 02320 Borrow Material

W5036-005_/8/17/26 TOC-2 Table of Contents

Shady Avenue and Ellis Road TTHM Removal System Project Westminster, MA Table of Contents

Section Title

02920 Lawns and Grasses

Division 11 - Equipment 11229 TTHM Removal System

Division 16 – Electrical 16050 Basic Electrical Requirements 16060 Grounding and Bonding 16070 Electrical Hangers and Supports 16075 Electrical Identification 16080 Electrical Testing 16091 Minor Electrical Demolition 16120 Conductors and Cable 16131 Conduit 16136 Boxes 16137 Control Cabinets and Enclosures 16138 Duct Banks 16210 16220

Electric Service Entrance AC Motors

16410 Circuit Breakers 16411 Disconnect Switches 16440 Panelboards 16490 Components and Accessories

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DIVISION 00

BIDDING AND CONTRACT REQUIREMENTS

SECTION 00100

ADVERTISEMENT FOR BIDS

W5036-005_8/5/26 00100-1 Advertisement for Bids

SECTION 00100

ADVERTISEMENT FOR BIDS

Sealed Bids for the construction of the “Shady Avenue and Ellis Road TTHM Removal System Project” will be received by the Town of Westminster at the Department of Public Work’s Office, 2 Oakmont Avenue, Westminster, MA, 01473 until 10:00 a.m. local time on September 2, 2026 at which time the Bids received will be publicly opened and read. Sealed Bids must have outer envelope marked as “Shady Avenue and Ellis Road TTHM Removal System Project.”

The work consists of installing and placing into full operational service the IXOM GridBee SN Series THM removal system, which includes an aeration system and ventilation blower, within the 1 million gallon (MG) prestressed concrete Shady Avenue water storage tank (WST), and the 0.37 MG Glass Fused-to-Steel Bolted Ellis Road WST. Bids shall be on a lump sum and unit price basis, with additive alternate bid items as indicated in the Bid Form.

All Bids for this project are subject to the provisions of Massachusetts General Laws Chapter 30, Section 39M as amended.

Bidding Documents may be obtained electronically from the Tighe & Bond website at:

http://www.tighebond.com/Projects_Out_to_Bid.php. Prospective bidders must complete a one-time registration process on the web site in order to receive log-in credentials. Bidders must log in to the web site to download bidding documents for the project. Bidders will be added to the “planholders” or prospective bidders list upon downloading the bidding documents for the project.

This Contract contains price adjustments for diesel fuel and gasoline. See Section 01290 for payment procedures and base prices for this Project.

Minimum Wage Rates as determined by the Commissioner of Department of Workforce Development under the provision of the Massachusetts General Laws, Chapter 149, Section 26 to 27D, as amended, apply to this project. It is the responsibility of the Contractor, before Bid opening, to request if necessary, any additional information on Minimum Wage Rates for those trades people who may be employed for the proposed Work under this Contract.

This project is partially funded by a grant through the Water Infrastructure Improvement for the Nation (WIIN) grant. This project is subject to Build America, Buy America (BABA) requirements, which requires that all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States. Section 00800 contains the funding program construction contract requirements, all of which shall be applicable to this Contract.

TOWN OF WESTMINSTER, MASSACHUSETTS

Consulting Engineer:

Tighe & Bond, Inc.

120 Front Street, Suite 700

Worcester, MA 01608

508-754-2201

END OF SECTION

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0\00100 - ADVERTISEMENT FOR BIDS.DOCX

SECTION 00200

INSTRUCTIONS TO BIDDERS

W5036-005_4/20/26 00200-1 Instructions to Bidders

SECTION 00200

INSTRUCTIONS TO BIDDERS

TABLE OF ARTICLES

1. Defined Terms

2. Copies of Bidding Documents

3. Qualifications of Bidders

4. Site and Other Areas; Existing Site Conditions; Examination of Site; Owner’s Safety Program;

Other Work at the Site

5. Bidder’s Representations

6. Interpretations and Addenda

7. Bid Deposit

8. Contract Times

9. Liquidated Damages

10. Substitute and “Or Equal” Items

11. Subcontractors, Suppliers, and Others

12. Preparation of Bid

13. Basis of Bid

14. Submittal of Bid

15. Modification or Withdrawal of Bid

16. Opening of Bids

17. Disqualification of Bidders

18. Bids to Remain Subject to Acceptance

19. Evaluation of Bids and Award of Contract

20. Contract Securities

21. Contract Insurance

22. Signing of Agreement

23. Sales Taxes

24. Massachusetts Prevailing Wage Rates

ARTICLE 1 DEFINED TERMS

W5036-005_4/20/26 00200-2 Instructions to Bidders

1.1 Terms used in these instructions to bidders will have the meanings indicated in the general conditions and supplementary conditions.

ARTICLE 2 COPIES OF BIDDING DOCUMENTS

2.1 Refer to Advertisement for Bids for information on examination and procurement of documents.

2.2 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

2.3 Owner and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use.

ARTICLE 3 QUALIFICATIONS OF BIDDERS

3.1 Bidders shall be experienced in the kind of Work to be performed, shall have the necessary equipment, and shall possess sufficient capital to properly execute the Work within the time allowed. Bids received from Bidders who have previously failed to complete Work within the time required, or who have previously performed similar Work in an unsatisfactory manner, may be rejected. A Bid may be rejected if Bidder cannot show that he has the necessary ability, plant and equipment to commence the Work at the time prescribed and thereafter to prosecute and complete the Work at the rate or within the time specified. A Bid may be rejected if Bidder is already obligated for the performance of other Work which would delay the commencement, prosecution or completion of the Work.

3.2 Bidders shall have a minimum of 10 years of experience and shall have successfully completed

10 TTHM removal system installation projects in WSTs of similar scope within the past 10 years.

Submit with the Bid a summary of experience and representative projects to show compliance with these qualifications.

3.3 Bidders may be investigated by Owner to determine if they are qualified to perform the Work.

All Bidders shall be prepared to submit within five days of Owner’s or Engineer’s request, written evidence of such information and data necessary to make this determination. The investigation of a Bidder will seek to determine whether the organization is adequate in size, is authorized to do business in the jurisdiction where the project is located, has had previous experience and whether available equipment and financial resources are adequate to assure Owner that the Work will be completed in accordance with the terms of the Agreement. Owner reserves the right to reject any

Bid if the evidence submitted by, or investigation of such Bidder fails to satisfy Owner that such

Bidder is properly qualified to carry out the obligations of the Contract and to complete the Work contemplated therein.

A. Bidders may be required to provide a letter stating that the Bidder is in good financial standing. The letter must:

1. Be provided by a financial institution or certified public accountant having a relationship with the bidder;

2. Be on the bank or accountant’s letterhead;

3. Include name and contact information for the bank or accountant including address, email and telephone number;

W5036-005_4/20/26 00200-3 Instructions to Bidders

4. Identify the account holder(s), whose names must match the name of the bidder, the type and length of business relationship, and the historical status of the accounts (i.e.

Good standing, timely payments, no overdrafts, etc.); and

5. Not include account numbers, account amounts, or lines of credit.

ARTICLE 4 SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF

SITE; OWNER’S SAFETY PROGRAM; OTHER WORK AT THE SITE

4.1 The Site is identified in the Bidding Documents. By definition, the Site includes rights-of-way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment are to be obtained and paid for by Contractor.

4.2 Existing Site Conditions

A. Subsurface and physical conditions; hazardous environmental conditions

1. The supplementary conditions identify:

a. those reports known to Owner of explorations and tests of subsurface conditions at or adjacent to the Site.

b. reports and drawings known to Owner relating to Hazardous Environmental

Conditions that have been identified at or adjacent to the Site.

2. If the supplementary conditions do not identify technical data, the default definition of technical data set forth in article 1 of the general conditions will apply.

B. Adequacy of Data: Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in paragraphs 5.03, 5.04, and 5.05 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the site, if any, and possible changes in the Contract Documents due to any Hazardous

Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work appear in paragraph 5.06 of the General Conditions.

4.3 Site Visit and Testing by Bidders

A. Bidder is not required to conduct any subsurface testing, or exhaustive investigations of

Site conditions.

B. On request, and to the extent Owner has control over the Site, and schedule permitting, the

Owner will provide Bidder access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on Owner’s authority regarding the Site.

C. Bidder shall comply with all applicable Laws and Regulations regarding excavation and location of utilities, obtain all permits, and comply with all terms and conditions established by Owner or by property Owners or other entities controlling the Site with respect to

W5036-005_4/20/26 00200-4 Instructions to Bidders schedule, access, existing operations, security, liability insurance, and applicable safety programs.

D. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies.

4.4 Owner’s Safety Program

A. Site visits and Work at the Site may be governed by an Owner safety program. As the

General Conditions indicate, if an Owner safety program exists, it will be noted in the

Supplementary Conditions.

ARTICLE 5 BIDDER’S REPRESENTATIONS

5.1 It is the responsibility of each Bidder before submitting a Bid to:

A. examine and carefully study the Bidding Documents, including any Addenda, data, and referenced items identified in the Bidding Documents;

B. visit the Site, conduct a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfy itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work;

C. become familiar with and satisfy itself as to all Laws and Regulations that may affect cost, progress, or performance of the Work;

D. carefully study all reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or adjacent to the Site which have been identified in the

Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and carefully study all reports and drawings relating to a Hazardous

Environmental Condition, if any, at or adjacent to the Site which have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings;

E. consider the information known to Bidder itself; information commonly known to

Contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on 1) the cost, progress, and performance of the

Work; 2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and 3) Bidder’s safety precautions and programs;

F. agree, based on the information and observations referred to in the preceding paragraph, that at the time of submitting its Bid no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the

Work at the price Bid and within the times and in accordance with the other terms and conditions of the Bidding Documents;

G. become aware of the general nature of the Work to be performed by Owner and others at the site that relates to the Work as indicated in the Bidding Documents;

H. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder;

W5036-005_4/20/26 00200-5 Instructions to Bidders

I. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and finishing of the Work;

and

J. agree that the submission of a Bid will constitute an incontrovertible representation by

Bidder that Bidder has complied with every requirement of this Article, that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

ARTICLE 6 PRE-BID CONFERENCE

6.1 None Scheduled.

ARTICLE 7 INTERPRETATIONS AND ADDENDA

7.1 All questions about the meaning or intent of the Bidding Documents shall be submitted in writing to the Engineer via the Tighe & Bond website for Bidding Document distribution at:

http://www.tighebond.com/projects_out_to_Bid.php

7.2 Prospective Bidders must be registered users of the website to submit questions regarding the project. In order to receive consideration, questions must be received by Engineer at least five days prior to the date fixed for the opening of Bids. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda to all parties recorded by Engineer as having received the Bidding Documents not later than three days prior to the date fixed for the opening of Bids. Only questions answered by Addenda will be binding.

Oral and other interpretations or clarifications will be without legal effect.

7.3 Addenda may be issued to clarify, correct, supplement or change the Bidding Documents. Such

Addenda, if any, will be issued in the manner and within the time period stated in paragraph 7.2.

7.4 The Bidder must acknowledge receipt of each Addendum, if any, in the space provided on the

Bid form.

ARTICLE 8 BID DEPOSIT

8.1 In the Bidding Documents, the terms “Bid security” and “Bid deposit” shall have the same meaning.

8.2 A Bid must be accompanied by Bid security made payable to Owner in an amount of 5% of

Bidder’s maximum Bid price (including any additive alternates) and in the form of a certified check, bank money order, or a Bid bond (on the form included in the Bidding Documents) issued by a surety meeting the requirements of Paragraphs 6.01 and 6.02 of the General Conditions.

8.3 All Bid deposits of General Bidders, except those under consideration by Owner, will be returned within 5 days, excluding Saturdays, Sundays and legal holidays, after the opening of General

Bids. Other Bid deposits will be returned upon the execution and delivery of the Agreement. The

Bid deposit of the Successful Bidder will be retained until such Bidder has furnished the required

Contract security and executed the Agreement, whereupon the Bid deposit shall be returned. If the Successful Bidder fails to furnish the required Contract security within 15 days after the

Notice of Award and execute the Agreement within 5 days after receipt from Owner, Owner may annul the Notice of Award and the Bid deposit of that Bidder will be forfeited to Owner as liquidated damages for such failure.

ARTICLE 9 CONTRACT TIMES

http://www.tighebond.com/projects_out_to_bid.php

W5036-005_4/20/26 00200-6 Instructions to Bidders

9.1 The number of days within which, or the dates by which, the Work is to be:

A. substantially completed, and/or

B. completed and ready for final payment are set forth in the Agreement.

ARTICLE 10 LIQUIDATED DAMAGES

10.1 Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial

Completion, or completion of the Work in readiness for final payment, are set forth in the

Agreement.

ARTICLE 11 SUBSTITUTE AND “OR EQUAL” ITEMS

11.1 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration during the Bidding and Contract award process of possible substitute or “or equal” items. In cases in which the Contract allows the Contractor to request that Engineer authorize the use of a substitute or “or equal” item of material or equipment, application for such acceptance may not be made to and will not be considered by Engineer until after the effective date of the Contract.

ARTICLE 12 SUBCONTRACTORS, SUPPLIERS, AND OTHERS (NOT USED)

ARTICLE 13 PREPARATION OF BID

13.1 A Bid must be made on the Bid form included with the Project Manual. The Bid form shall not be altered in any way.

13.2 The Bid form must be completed in ink. Blank spaces in the Bid form must be filled in correctly where indicated, and the Bidder must state, both in words and numerals, the prices for which he proposes to complete each and every item of Work. Ditto marks shall not be used.

13.3 A Bidder shall execute his Bid as stated below.

A. A Bid by an individual shall show the Bidder’s name and official address.

B. A Bid by a partnership must be executed in the partnership name and signed by a partner

(whose title must appear under the signature) accompanied by evidence of authority to sign. The official address of the partnership shall be shown.

C. A Bid by a corporation must be executed in the corporate name by a corporate officer

(whose title must appear under the signature) and must be accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the corporate secretary.

The state of incorporation and the official corporate address shall be shown.

D. A Bid by a limited liability company shall be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown.

E. A Bid by a joint venture shall be executed by an authorized representative of each joint venturer in the manner indicated on the Bid form. The official address of the joint venture shall be shown.

F. All names must be printed in ink below the signature.

W5036-005_4/20/26 00200-7 Instructions to Bidders

13.4 The Bid shall contain an acknowledgment of the receipt of all addenda in the space provided on the Bid form.

13.5 Postal and email addresses and telephone number to which communications regarding the Bid are to be directed shall be shown.

13.6 The Bid shall contain evidence of Bidder’s authority and qualification to do business in the state where the project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. Bidder’s state

Contractor license number, if any, shall also be shown on the Bid form.

13.7 In order to be considered for selection, the Bidder must submit a complete Bid package in accordance with these Bidding documents. Partial Bids will not be accepted. Refer to the Bid form for a list of documents that shall be submitted in addition to the Bid form.

13.8 Any deviations in completion of the Bid form and accompanying documents from the instructions provided in this article may be cause for rejection of the Bid.

ARTICLE 14 BASIS OF BID

14.1 Lump Sum

A. Bidders shall submit a Bid on a lump sum basis as set forth in the Bid form and include a separate price for each alternate described in the Bidding Documents as provided for in the

Bid form.

B. The price for alternates included in the Bid form will be the amount added to the base Bid if Owner selects the alternate. In the evaluation of Bids, alternates will be applied in the same order as listed in the Bid form. The award will be based on the lowest eligible Bid including all selected alternates.

14.2 Allowances

A. For cash allowances the Bid price shall include such amounts as the Bidder deems proper for Contractor’s overhead, costs, profit, and other expenses on account of cash allowances, if any, named in the Contract Documents in accordance with paragraph 13.02 of the

General Conditions.

ARTICLE 15 SUBMITTAL OF BID

15.1 A Bid shall be received no later than the date and time prescribed and at the place indicated in the

Advertisement for Bids and shall be enclosed in an opaque sealed envelope plainly marked with the Project title, the name and address of Bidder, and shall be accompanied by the Bid deposit and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on the outside with the notation “BID ENCLOSED”. When using the mail or other delivery system, the

Bidder is totally responsible for the mail or other delivery system delivering the Bid at the place and prior to the time indicated in the Advertisement for Bids. A mailed Bid shall be addressed to

Owner at the address in the Advertisement for Bids.

15.2 Bids received after the date and time prescribed for the opening of Bids, or not submitted at the correct location or in the designated manner, will not be accepted and will be returned to the

Bidder unopened.

ARTICLE 16 MODIFICATION OR WITHDRAWAL OF BID

W5036-005_4/20/26 00200-8 Instructions to Bidders

16.1 Withdrawal Prior to Bid Opening

A. A Bid may be withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. Upon receipt of such notice, the unopened Bid will be returned to the Bidder.

16.2 Modification Prior to Bid Opening

A. If a Bidder wishes to modify its Bid prior to the Bid opening, Bidder must withdraw its initial Bid in the manner specified in paragraph 16.1.A and submit a new Bid prior to the date and time for the opening of Bids.

ARTICLE 17 OPENING OF BIDS

17.1 Bids will be opened as indicated in the Advertisement for Bids and publicly read aloud.

17.2 In order to be considered for selection, Bids must arrive at the designated location on or before the date and time specified in the Advertisement for Bids. Bidders mailing their Bids should allow for normal mail delivery time to ensure timely receipt of their Bids by Owner.

17.3 Bids received by mail or otherwise after the time specified for the opening of Bids will not be accepted and will be returned to the Bidder unopened.

17.4 No responsibility will attach to Owner, its employees or the Engineer for premature opening of a

Bid not properly addressed and identified in accordance with the Bidding Documents.

ARTICLE 18 DISQUALIFICATION OF BIDDERS

18.1 More than one Bid for the same Work from an individual, or a firm, partnership, corporation or an association under the same or different names will not be considered. Reasonable grounds for believing that any Bidder is interested in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder is interested.

ARTICLE 19 BIDS TO REMAIN SUBJECT TO ACCEPTANCE

19.1 All Bids will remain subject to acceptance for the period of time stated in the Bid form, but Owner may, in its sole discretion, release any Bid and return the Bid deposit prior to the end of this period.

ARTICLE 20 EVALUATION OF BIDS AND AWARD OF CONTRACT

20.1 Owner reserves the right to reject any and all Bids, to waive any and all informalities, and the right to disregard all nonconforming, nonresponsive or conditional Bids.

20.2 Owner reserves the right to reject any Bid not accompanied by specified documentation and Bid deposit.

20.3 Owner reserves the right to reject any Bid if it shows any omissions, alterations of form, additions not called for, conditions or qualifications, or irregularities of any kind.

20.4 Owner reserves the right to reject any Bid that, in his sole discretion, is considered to be unbalanced or unreasonable as to the amount Bid for any lump sum or unit price item.

20.5 In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid form or prior to the Notice of Award.

W5036-005_4/20/26 00200-9 Instructions to Bidders

20.6 In evaluating whether a Bidder is responsible, Owner will consider the qualifications the Bidder and may consider the qualifications and experience of Subcontractors and Suppliers proposed for those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Bidding Documents.

20.7 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders and any proposed Subcontractors or Suppliers.

20.8 If the Owner awards the Contract for the Work, such award shall be to the responsible Bidder

(who has neither been disqualified nor rejected pursuant to Article 18 or this Article 20) submitting the lowest responsive Bid.

20.9 Contents of the Bid of the Successful Bidder will become part of any Contract awarded.

ARTICLE 21 CONTRACT SECURITIES

21.1 Performance and Payment Bonds shall be furnished by the Successful Bidder. The amounts of and other requirements for Performance and Payment Bonds are stated in article 6 of the General

Conditions. Performance and Payment Bonds submitted shall be posted by a recognized surety company having a place of business in the commonwealth of Massachusetts. All Performance and Payment Bonds signed by an agent must be accompanied by a certified copy of the authority to act. Performance Bonds and Payment Bonds shall be submitted on the forms included in

Sections 00610 and 00615, respectively, of the Contract Documents. Additional requirements may be stated in the General or Supplementary Conditions.

21.2 Within 15 days from the date of the Notice of Award, the Successful Bidder shall deliver to Owner and Engineer, for review and approval, the Performance Bond and the Payment Bond he proposes to furnish at the time of the execution of the Agreement.

21.3 The required contract securities will become part of the Contract Documents.

ARTICLE 22 CONTRACT INSURANCE

22.1 The requirements for insurance to be provided by the Successful Bidder are stated in Article 6 of the General Conditions and in the Supplementary Conditions.

22.2 Within 15 days from the date of the Notice of Award, the Successful Bidder shall deliver evidence of required insurance to Owner and Engineer.

22.3 The required insurance certificates will become part of the Contract Documents.

ARTICLE 23 SIGNING OF AGREEMENT

23.1 The Owner will transmit the required number of unsigned agreements to the successful Bidder with the Notice of Award. Within 15 days of the date of the Notice of Award, the successful

Bidder shall sign the agreements and return them to the Owner. The Owner will return one executed Contract to the successful Bidder.

ARTICLE 24 SALES TAXES

24.1 Owner is exempt from Massachusetts State sales and use taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Bid. The tax exemption number or exemption certificate will be provided to the Successful Bidder.

ARTICLE 25 MASSACHUSETTS PREVAILING WAGE RATES

W5036-005_4/20/26 00200-10 Instructions to Bidders

25.1 Minimum Wage Rates as determined by the Commissioner of Department of Workforce

Development under the provision of the Massachusetts General Laws, Chapter 149, Sections 26 to 27D, as amended, apply to this project. The Wage Rate Determination is included in Part II of the Supplementary Conditions.

25.2 It is the responsibility of the Contractor, before Bid opening, to request if necessary, any additional information on Minimum Wage Rates for those trades people who may be employed for the project Work under this Contract. Federal Minimum Wage Rates as determined by the

United States Department of Labor and under the Davis-Bacon Act also apply to this project.

END OF SECTION

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SECTION 00410

BID FORM

W5036-005_8/11/26 00410-1 Form for General Bid

SECTION 00410

FORM FOR GENERAL BID

PROJECT IDENTIFICATION:

Shady Avenue and Ellis Road TTHM Removal System Project

TABLE OF ARTICLES

1. Bid Recipient

2. Bidder’s Acknowledgements

3. Bidder’s Representations

4. Bidder’s Certifications

5. Basis of Bid

6. Time of Completion

7. Attachments to This Bid

8. Bid Submittal

ARTICLE 1 BID RECIPIENT

1.1 This Bid is submitted to:

Town of Westminster, Department of Public Works

2 Oakmont Avenue

Westminster, MA 01473

1.2 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

ARTICLE 2 BIDDER’S ACKNOWLEDGEMENTS

2.1 Bidder accepts all of the terms and conditions of the Advertisement for Bids and Instructions to Bidders, including without limitation, those dealing with the disposition of Bid deposit. The Bid will remain subject to acceptance for 30 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

2.2 All furnished products shall comply with BABA requirements, refer to Section 00800 for further description of BABA requirements.

ARTICLE 3 BIDDER’S REPRESENTATIONS

3.1 In submitting this Bid, Bidder represents, as set forth in the Agreement, that:

A. Bidder has examined and carefully studied the Bidding Documents, and any data and reference items identified in the Bidding Documents and hereby acknowledges the receipt of all Addenda.

W5036-005_8/11/26 00410-2 Form for General Bid

B. Bidder has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfied itself as to the general, local and Site conditions that may affect cost, progress, and performance of the Work.

C. Bidder is familiar with and has satisfied itself as to all federal, state and local Laws and Regulations that may affect cost, progress and performance of the Work.

D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings.

E. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and any Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder’s safety precautions and programs.

F. Bidder agrees, based on the information and observations referred to in the preceding paragraph, that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price bid and within the times required and in accordance with the other terms and conditions of the Bidding Documents.

G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents.

H. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and confirms that the written resolution thereof by Engineer is acceptable to Bidder.

I. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work.

J. The submission of this Bid constitutes an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, and that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

ARTICLE 4 BIDDER’S CERTIFICATION

4.1 Bidder certifies that Bidder is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed on the work, that all employees to be employed at the worksite will have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health Administration that is at least 10 hours in duration at the time the employee begins work and who shall furnish documentation of successful completion of said course with the first certified payroll report for each employee, and that Bidder will comply fully with all laws and regulations applicable to awards made subject to MGL Chapter 30, Section 39M.

W5036-005_8/11/26 00410-3 Form for General Bid

4.2 Bidder certifies that, under penalty of perjury, Bidder is not presently debarred from doing public construction work in the Commonwealth under the provisions of MGL Chapter 29, Section 29F or any other applicable debarment provisions of any other chapter of the General Laws or any rule or regulation promulgated thereunder; and is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency.

4.3 Pursuant to MGL.c.62C, s49A, Bidder hereby certifies under the penalties of perjury, to the best of Bidder’s knowledge and belief, that Bidder has complied with all laws of the Commonwealth related to taxes, reporting of employees and contractors, and withholding and remitting of child support.

4.4 Bidder hereby certifies under the penalties of perjury, to the best of Bidder’s knowledge and belief, that Bidder has filed all state tax returns and paid all state taxes required by law.

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

4.6 Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation.

4.7 Bidder certifies that Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid.

4.8 Bidder certifies that Bidder has not solicited or induced any individual or entity to refrain from bidding.

4.9 Bidder certifies that Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this paragraph:

A. “corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process;

B. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of the Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition;

C. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and

D. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.

Article 5 BASIS OF BID

5.1 Bidder proposes to furnish all labor and materials required for construction of the SHADY

AVENUE AND ELLIS ROAD TTHM REMOVAL SYSTEM PROJECT, WESTMINSTER,

MASSACHUSETTS in accordance with the accompanying Bidding Documents prepared by TIGHE & BOND, INC., for the Contract Price specified below, subject to additions and deductions according to the terms of the Bidding Documents.

W5036-005_8/11/26 00410-4 Form for General Bid

5.2 This Bid includes Addenda numbered __________________________.

5.3 The subdivision of the proposed Contract Price (base bid) is as follows:

Item 1 – Shady Avenue Water Storage Tank TTHM Removal System: The work of the General Contractor, being all Work other than that covered by Items 2, 3, 4, and 5.

dollars (Bid in words)

(figures)

Item 2 – Ellis Road Water Storage Tank TTHM Removal System: The work of the General Contractor, being all Work other than that covered by Items 1, 3, 4, and 5.

dollars (Bid in words)

(figures)

Item Number

Item Name and Unit Bid Prices Written in Words and Figures

Estimated Quantity Total Amount of Item (in figures)

Monthly price adjustment for diesel fuel, the price of:

Five Hundred Dollars and Zero Cents ($500.00 )

Allowance =

$ 500.00

4 Monthly price adjustment for gasoline, the price of:

Five Hundred Dollars and Zero Cents ($500.00 )

$ 500.00

5 Electric utility allowance, the price of:

Fifteen Thousand Dollars and Zero Cents

($15,000.00 )

$ 15,000.00

The Total Base Bid Amount proposed for the Shady Avenue and Ellis Road TTHM Removal System Project (Item Nos. 1 through 5) is:

dollars (words)

(figures)

W5036-005_8/11/26 00410-5 Form for General Bid

Add Alternate No.1 – Manufacturer Service Plan for TTHM Removal Equipment

The additional cost to provide a manufacturer service plan for two (2) years for the TTHM Removal Equipment as specified for the additional lump sum price of:

dollars (words)

(figures)

Article 6 TIME OF COMPLETION

6.1 Bidder agrees that the Work will be substantially completed and ready for final payment in accordance with paragraph 15.06 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement.

6.2 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times as stated in the Agreement.

Article 7 ATTACHMENTS TO THIS BID

7.1 The following documents are attached to and made a condition of this Bid:

A. Bid deposit in the amount of dollars ($ ), consisting of a bid bond in the amount of five percent of the total amount of Bid

B. Evidence of authority to sign

C. List of Project References

D. Evidence of authority to do business in the state of the Project; or a written covenant to obtain such license within the time for acceptance of Bids

E. A list of adversarial proceedings in which the bidder is or was a party within the past 5 years that relate to the procurement or performance of any public or private construction contract together with a brief statement as to outcome if concluded or status if pending.

F. A list of any projects on which the firm was terminated or failed to complete the work within the past 5 years, including a brief explanation for each instance listed.

G. Evidence of Bidder’s qualifications in accordance with Article 3 of Section 00200.

W5036-005_8/11/26 00410-6 Form for General Bid

ARTICLE 8 BID SUBMITTAL

BIDDER: [Indicate correct name of bidding entity]

By:

[Signature]

[Printed name] (If Bidder is a corporation, a limited liability company, a partnership, or a joint venture, attach evidence of authority to sign.)

Attest:

[Signature]

[Printed name]

Title:

Submittal Date:

Address for giving notices:

Telephone Number:

Fax Number:

Contact Name and e-mail address:

Bidder’s License No.:

(where applicable)

\\TIGHEBOND.COM\DATA\DATA\PROJECTS\W\W5036 TOWN OF WESTMINSTER\005A WATER STORAGE TANK TTHM REMOVAL\SPECIFICATIONS\DIV

0\00410 - FORM FOR GENERAL BID.DOCX

SECTION 00430

BID BOND

PENAL SUM FORM

EJCDC® C-430, Bid Bond (Penal Sum Form). Published 2013.

Prepared by the Engineers Joint Contract Documents Committee.

BID BOND

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

BIDDER (Name and Address):

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

OWNER (Name and Address):

BID

Bid Due Date:

Description (Project Name— Include Location):

BOND

Bond Number:

Date:

Penal sum $

(Words) (Figures)

Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative.

BIDDER SURETY

(Seal) (Seal)

Bidder’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

Note: Addresses are to be used for giving any required notice.

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

PENAL SUM FORM

EJCDC® C-430, Bid Bond (Penal Sum Form). Published 2013.

Prepared by the Engineers Joint Contract Documents Committee.

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder’s and Surety’s liability. Recovery of such penal sum under the terms of this Bond shall be Owner’s sole and exclusive remedy upon default of Bidder.

2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding

Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding

Documents and any performance and payment bonds required by the Bidding Documents.

3. This obligation shall be null and void if:

3.1 Owner accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding

Documents and any performance and payment bonds required by the Bidding Documents, or

3.2 All Bids are rejected by Owner, or

3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by

Paragraph 5 hereof).

4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due.

5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from the Bid due date without Surety’s written consent.

6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after the Bid due date.

7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located.

8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States

Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned.

9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such

Bond and bind the Surety thereby.

10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length.

If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect.

11. The term “Bid” as used herein includes a Bid, offer, or proposal as applicable.

SECTION 00520

AGREEMENT

W5036-005_8/17/2026 00520-1 Agreement

SECTION 00520

AGREEMENT

This Agreement is by and between the Town of Westminster Department of Public Works, hereinafter called Owner, and _______________, hereinafter called Contractor.

Owner and Contractor hereby agree as follows:

ARTICLE 1 WORK

1.1 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described with the following title: “Shady Avenue and Ellis Road TTHM Removal System Project”.

ARTICLE 2 ENGINEER

2.1 The part of the Project that pertains to the Work has been designed by Tighe & Bond, Inc.

2.2 The Owner has retained Tighe & Bond (“Engineer”) to act as Owner’s representative, assuming all duties and responsibilities, rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents.

ARTICLE 3 CONTRACT TIMES

3.1 Time of the Essence

A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract.

3.2 Substantial Completion and Final Payment

A. The Work will be substantially completed on or before April 30, 2027, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before June 30, 2027.

B. Parts of the Work shall be substantially completed on or before the following Milestone(s):

1. Milestone 1: All work related to the Shady Avenue WST including final testing, MassDEP activation approval, and placing the TTHM…