South Brook Trails Project Invitation for Bids~1.pdf

Town of Shutesbury Conservation Commission

Invitation for Bids

SOUTH BROOK/LAKE WYOLA CONSERVATION AREA

TRAIL REPAIR

BIDS DUE:

June 10, 2026, 12:00 PM

Matteo Pangallo Land Use Clerk

1 Cooleyville Road Shutesbury, MA 01072 landuseclerk@shutesbury.org 413-259-3792 mailto:landuseclerk@shutesbury.org

TABLE OF CONTENTS

INVITATION FOR BIDS 3

SECTION I INSTRUCTIONS FOR BIDDERS 4

SECTION II REQUIRED FORMS 15

SECTION III GENERAL TERMS AND CONDITIONS 25

SECTION IV SCOPE OF WORK 38

SECTION V SAMPLE CONTRACT AGREEMENT 46

APPENDIX A PARCEL MAPS 73

APPENDIX B FY25 CPA GRANT APPLICATION 75

APPENDIX C PREVAILING WAGE SCHEDULE 105

SHUTESBURY CONSERVATION COMMISSION

SHUTESBURY TOWN HALL

1 COOLEYVILLE ROAD

SHUTESBURY, MA 01072

INVITATION FOR BIDS (IFB)

The Town of Shutesbury, Massachusetts invites Bids for the following Community Preservation

Act funded project:

SOUTH BROOK/LAKE WYOLA CONSERVATION AREA TRAIL REPAIR

The Proposal, Specifications, and Bid Forms for the contract may be examined and copies obtained through the Conservation Commission’s website: https://shutesbury.org/concom. An optional site visit and information session will be held on June 4, 2026 at 4:00pm, meeting at the Lake Wyola boat ramp on Randall Road in Shutesbury, MA. No RSVP is required.

All bids shall be submitted to the following address by June 10, 2026 at 12:00 p.m.

Town of Shutesbury Land Use Clerk 1 Cooleyville Road Shutesbury, MA 01072

It is the responsibility of the prospective proposers and bidders to check https://shutesbury.org/concom for new information or any addenda or modifications to the Invitation to Bid or other documents relevant to the project. The Bids and award of this contract will be under the provisions of M.G.L. c. Chapter 30, Section 39M, as amended, to the lowest cost responsible and responsive Bidder. Awarding of the contract will be made by the Shutesbury Conservation Commission. Bids will be unsealed by the Chair of the Shutesbury Conservation Commission at the Commission’s June 11, 2026 public meeting. The Town of Shutesbury and the Shutesbury Conservation Commission reserves the right to reject any and all Bids, or to award or not to award the contract for any reason the Conservation Commission determines to be in the Town’s and/or the public’s best interest.

https://shutesbury.org/concom https://shutesbury.org/concom

SECTION I: INSTRUCTIONS TO BIDDERS

This contract is being awarded under provisions of M.G.L. c. 30 § 39M. Attention of all Bidders is directed to all applicable Sections of the General Laws of the Commonwealth of Massachusetts, and Municipal Ordinances and By-Laws, as most recently amended, which govern this contract. They will be deemed to be included in the contract the same as though written out in full. No Bid received after the closing time and date established in the INVITATION FOR BIDS for the receipt of Bids will be considered regardless of the cause for delay in the receipts of such Bids. The Shutesbury Conservation Commission reserves the right to waive minor informalities in or to reject any or all Bids if it be in the public interest to do so.

NOTE: THE SPECIFIED QUANTITIES ARE ESTIMATES OF REQUIREMENTS FOR USE

IN COMPARING BIDS: THE TOWN OF SHUTESBURY DOES NOT GUARANTEE THAT

THESE QUANTITIES WILL ULTIMATELY BE REQUIRED.

ARTICLE 1 - BID’S REPRESENTATION

1. Each General Bidder (hereinafter called the “Bidder”) by making a Bid (hereinafter called “Bid”) represents that:

a. The Bidder has read and understands the Documents, Contract Forms, General Conditions, Conditions of the Contract, General Requirements and Project Specifications, and Appendices (collectively, referred to as the “Contract Documents”) and the Bid is made in accordance therewith.

b. The Bidder has visited the work site and is familiar with the local conditions under which the work has to be performed.

2. Failure of any Bidder to acquaint themselves with the Bid, work sites, and contract documents shall in no way release that Bidder from the obligations with respect to their Bid.

ARTICLE 2 - REQUEST FOR INTERPRETATION/ADDENDA

1. Bidders shall promptly notify the Town of any ambiguity, inconsistency, or error which they may discover upon examination of the Contract Documents, the site, and local conditions.

2. Questions concerning this invitation for Bids must be submitted in writing to:

Shutesbury Conservation Commission Attn: Matteo Pangallo, Land Use Clerk

1 Cooleyville Road Shutesbury, MA 01072 or by email to: landuseclerk@shutesbury.org

Written responses will be emailed to all Bidders on record as having picked up the IFB.

3. Interpretation, correction, or change in the Contract Documents will be made by addendum which will become part of the Contract Documents. The Town and the Conservation Commission will not be held accountable for any oral communication.

4. Addenda will be emailed to every individual or firm on record as having taken a set of Contract Documents.

5. Bidders or proposers contacting ANY TOWN EMPLOYEE regarding an Invitation for Bids (IFB) or a Request for Proposal (RFP), once an IFB or RFP has been released may be disqualified from the procurement process.

6. It is the responsibility of the prospective Bidder to keep current the email address or phone number of the Bid’s contact person and to monitor that email inbox or voicemail for communications from the Town of Shutesbury or the Conservation Commission, including requests for clarification. If any changes are made to this IFB, an addendum will be issued. Addenda will be emailed or faxed to all Bidders on record as having picked up the IFB. The Town assumes no responsibility if a prospective Bid’s designated email address or phone number is not current, or if technical problems, including those with the prospective Bid’s computer, network or internet service provider (ISP) cause email communications sent to/from the prospective Bidder to be lost or rejected by any means including email or spam filtering.

7. The Town of Shutesbury and Shutesbury Conservation Commission accept no responsibility and will provide no accommodation to Bidders who submit a response and or Bid based on an out-of-date solicitation or on information received from a source other than the Town of Shutesbury.

ARTICLE 3 - PREPARATION AND SUBMISSION OF BIDS

1. Bids shall be submitted on the “BID FORM” as appropriate, furnished by the Town. Bids that are not submitted using the “BID FORM” will not be considered by the Conservation Commission.

2. All Bid forms shall be completely filled in and signed by the Contractor.

3. Each Bid must be submitted on the prescribed forms which are included as pages of this document. All blank spaces Bid prices must be filled in, in ink or typewritten, and must be legible. Forms that are incomplete or obscure, or that contain work not in accordance with the specifications, will be rejected.

4. Where so indicated on the Bid Form, sums shall be expressed in both words and figures.

Where there is a discrepancy between the Bid sum expressed in words and the Bid sum expressed in figures, the words shall control.

5. By submitting a Bid, the Bidder agrees to execute the contract, to provide insurance certificates, and to commence work within the time limits stated in the Contract Documents. If the successful Bidder does not meet this requirement, the Conservation Commission may then, at its option, award the contract to the next lowest Bidder, or rebid the contract if determined by the Conservation Commission to be in the public interest to do so. The Chair of the Conservation Commission will then sign for the Town, after which the contract will become effective.

6. Each bid package must contain all of the following materials:

(a.) Contractor’s Price Proposal (Bid Form), signed by an authorized person. A Bid must be signed as follows:

1) if the Bidder is an individual, by her/him personally;

2) if the Bidder is a partnership, by the name of the partnership, followed by the signature of each general partner;

3) if the Bidder is a corporation, by an authorized officer, whose signature must be attested to by the Clerk/Secretary of the corporation and the corporate seal affixed and a Certificate As To Corporate Bidder form attached.

(b.) Certificate of Non Collusion and Tax Compliance Form (c.) Labor Harmony and OSHA Training Certification Form (d.) Debarment Letter (e.) Contractor Certification (Executive Order 481) (f.) Bidder Qualification and Reference Forms (g.) Bid Deposit (5% of Bid)

ARTICLE 4 - ALTERNATES

1. Each Bidder shall acknowledge alternates (if any) in Bid Form.

2. In the event an alternate does not involve a change in the amount of the base Bid, the Bidder shall so indicate by writing “No Change” or “0” in the space provided for that alternate.

3. Bidders shall enter on the Bid Form a single amount for each alternate which shall consist of the amount for work performed by the Contractor.

4. The low Bidder will be determined on the basis of the sum of the base Bid and the accepted alternates.

ARTICLE 5 – WITHDRAWAL OF BIDS

1. Any Bid may be withdrawn prior to the time designated for receipt of Bids on written or emailed request. Emailed withdrawal of Bids must be confirmed over the Bid’s signature by written notice postmarked on or before the date and time set for receipt of Bids.

2. Any Bidder may modify their Bid at any time prior to the scheduled closing time for receipt of Bids provided such is received by the Land Use Clerk’s Office prior to the closing time, and provided further that the final prices or terms will not be disclosed to the Town of Shutesbury or Conservation Commission until the sealed Bid is opened.

3. Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids.

4. No Bids may be withdrawn within thirty (30) days (Saturdays, Sundays and legal holidays excluded) after the opening of the Bids.

ARTICLE 6 - CONTRACT AWARD

1. The contract will be awarded to the responsive and responsible Bidder offering the lowest contract price as the GRAND TOTAL on the “Bid Form”.

2. The Conservation Commission will award the contract to the lowest responsible and eligible Bidder within sixty (60) days (Saturdays, Sundays, and legal holidays excluded) after the opening of Bids.

3. The Conservation Commission reserves the right to waive minor informalities in any Bid or to reject any or all Bids if it determines it is in the public interest to do so.

4. The Conservation Commission reserves the right to reject any Bidder who has failed to pay any local taxes, fees, assessments, betterments, or any other municipal charge, unless the Bidder has a pending abatement application or has entered into a payment agreement with the collector-treasurer.

5. As used herein, the term “lowest responsible and eligible Bidder” shall mean the Bidder

(1) whose Bid is the lowest of those Bidders possessing the skill, ability, and integrity necessary for the faithful performance of the work;

(2) who has met all the requirements of the invitation for Bids;

(3) who shall certify that they are able to furnish labor that can work in harmony with all other elements of labor employed or to be employed in the work; and

(4) shall have been determined to be qualified thereunder.

6. Subsequent to the award and within seven (7) days (Saturday, Sundays and legal holidays excluded) after the prescribed forms are presented for signature, the successful Bidder shall execute and deliver to the Conservation Commission a contract in the form included in the Contract Documents in such number of counterparts as the Town may require.

7. In the event that the Conservation Commission receives low Bids in identical amounts from two or more responsive and responsible Bidders, the Conservation Commission shall select the successful Bidder by a blind selection process chosen by the Chair of the Conservation Commission, such as flipping a coin or drawing names. The low Bidders who are under consideration will be invited to attend and observe the selection process.

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

9. The Shutesbury Conservation Commission reserves the right to award the contract, or to reject any and all Bids if the Commission determines it is in the public interest to do so.

ARTICLE 7 - TAXES

1. The Bidder shall not include in this Bid any tax imposed upon the sale or rental of tangible personal property in this Commonwealth, such as any and all building materials, supplies, services and equipment required to complete the work.

2. The Town is exempt from payment of the Massachusetts Sales Tax, and the Bidder shall not include any sales tax in its Bid. The Town’s exemption Number is 046-001-301.

ARTICLE 8 - WORKFORCE PARTICIPATION GOALS PURSUANT TO M.G.L.

c. 149, section 44A(2)(G)

1. Definitions

For purposes of this contract, “Minority” means a person who meets one or more of the following definitions:

1. American Indian or Native American means: all persons having origins in any of the original peoples of North America and who are recognized as an Indian by a tribe or tribal organization.

2. Asian means: All persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian sub-continent, or the Pacific Islands, including, but not limited to China, Japan, Korea, Samoa, India, and the Philippine Islands.

3. Black means: All persons having origins in any of the Black racial groups of Africa, including, but not limited to, African-Americans and all persons having origins in any of the original peoples of the Cape Verdean Islands.

4. Eskimo or Aleut means: All persons having origins in any of the peoples of Northern Canada, Greenland, Alaska, and Eastern Siberia.

5. Hispanic means: All persons having their origins in any of the Spanish-speaking peoples of Mexico, Puerto Rico, Cuba, Central or South America, or the Caribbean Islands.

“State construction contract” means a contract for the construction, reconstruction, installation, demolition, maintenance, or repair of a building or capital facility, or a contract for the construction, reconstruction, alteration, remodeling, or repair of a public work undertaken by a department, agency, board, or commission of the Commonwealth.

“State assisted construction contract” means a contract for the construction, reconstruction, installation, demolition, maintenance, or repair of a building or capital facility undertaken by a political subdivision of the Commonwealth, or two or more political subdivisions thereof, an authority, or other instrumentality and whose costs of the contract are paid for, reimbursed, grant funded, or otherwise supported, in whole or in part, by the Commonwealth.

2. Equal Opportunity, Non-Discrimination, and Affirmative Action

During the performance of this Contract, the Contractor and all subcontractors (hereinafter collectively referred to as “the Contractor”), for him/herself, his/her assignees and successors in interest, agree to comply with all applicable equal employment opportunity, non-discrimination and affirmative action requirements, including but not limited to the following:

In connection with the performance of work under this contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, religious creed, national origin, sex, sexual orientation, genetic information, military service, age, ancestry, or disability, shall not discriminate in the selection or retention of subcontractors, and shall not discriminate in the procurement of materials and rentals of equipment.

The aforesaid provision shall include, but not be limited to, the following: employment upgrading, demotion, or transfer; recruitment advertising, layoff or termination; rates of pay or other forms of compensation; conditions or privileges of employment; and selection for apprenticeship or on-the-job training opportunity. The Contractor shall comply with the provisions of chapter 151B of the Massachusetts General Laws, as amended, and all other applicable anti-discrimination and equal opportunity laws, all of which are herein incorporated by reference and made a part of this Contract.

The Contractor shall post hereafter in conspicuous places, available for employees and applicants for employment, notices to be provided by the Massachusetts Commission Against Discrimination setting forth the provisions of the Fair Employment Practices Law of the Commonwealth (Massachusetts General Laws Chapter 151B).

In connection with the performance of work under this contract, the Contractor shall undertake, in good faith, affirmative action measures to eliminate any discriminatory barriers in the terms and conditions of employment on the grounds of race, color, religious creed, national origin, sex, sexual orientation, genetic information, military service, age, ancestry, or disability. Such affirmative action measures shall entail positive and aggressive measures to ensure non-discrimination and to promote equal opportunity in the areas of hiring, upgrading, demotion or transfer, recruitment, layoff or termination, rate of compensation, apprenticeship, and on-the-job training programs. A list of positive and aggressive measures shall include, but not be limited to, advertising employment opportunities in minority and other community news media; notifying minority, women, and other community-based organizations of employment opportunities; validating all job specifications, selection requirements, and tests; maintaining a file of names and addresses of each worker referred to the Contractor and what action was taken concerning such worker; and notifying the administering agency in writing when a union with whom the Contractor has a collective bargaining agreement has failed to refer a minority or woman worker. These and other affirmative action measures shall include all actions required to guarantee equal employment opportunity for all persons, regardless of race, color, religious creed, national origin, sex, sexual orientation, genetic information, military service, age, ancestry or disability. One purpose of this provision is to ensure to the fullest extent possible an adequate supply of skilled tradesmen for this and future Commonwealth public construction projects.

3. Minority and Women Workforce Participation

Pursuant to his/her obligations under the preceding section, the Contractor shall strive to achieve on this project the labor participation goals contained herein. Said participation goals shall apply in each job category on this project including but not limited to bricklayers, carpenters, cement masons, electricians, ironworkers, operating engineers, and those classes of work enumerated in Section 44F of Chapter 149 of the Massachusetts General Laws. The participation goals for this project shall be 15.3% for minorities and 6.9% for women. The participation goals, as set forth herein, shall not be construed as quotas or set-asides; rather, such participation goals will be used to measure the progress of the Commonwealth’s equal opportunity, non-discrimination, and affirmative action program. Additionally, the participation goals contained herein should not be seen or treated as a floor or as a ceiling for the employment of particular individuals or group of individuals.

4. Liaison Committee

At the discretion of the agency that administers the contract for the construction project there may be established for the life of the contract a body to be known as the Liaison Committee. The Liaison Committee shall be composed of one representative each from the agency or agencies administering the contract for the construction project, hereinafter called the administering agency, a representative from the Office of Affirmative Action, and such other representatives as may be designated by the administering agency.

The Contractor (or his/her agent, if any, designated by him/her as the on-site equal employment opportunity officer) shall recognize the Liaison Committee as an affirmative action body, and shall establish a continuing working relationship with the Liaison Committee, consulting with the Liaison Committee on all matters related to minority recruitment, referral, employment and training.

5. Reports and Records

The Contractor shall prepare projected workforce tables on a quarterly basis when required by the administering agency. These shall be broken down into projections, by week, of workers required in each trade. Copies shall be furnished one week in advance of the commencement of the period covered, and also, when updated, to the administering agency and the Liaison Committee when required.

The Contractor shall prepare weekly reports in a form approved by the administering agency, unless information required is required to be reported electronically by the administering agency, the number of hours worked in each trade by each employee, identified as woman, minority, or non-minority. Copies of these shall be provided at the end of each such week to the administering agency and the Liaison Committee.

Records of employment referral orders, prepared by the Contractor, shall be made available to the administering agency on request.

The Contractor will provide all information and reports required by the administering agency on instructions issued by the administering agency and will permit access to its facilities and any books, records, accounts, and other sources of information which may be determined by the administering agency to affect the employment of personnel. This provision shall apply only to information pertinent to the Commonwealth's supplementary non-discrimination, equal opportunity, and access and opportunity contract requirements. Where information required is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the administering agency and shall set forth what efforts he has made to obtain the information.

6. Access to Work Site

A designee of the administering agency and a designee of the Liaison Committee shall each have a right to access the work site.

7. Solicitations for Subcontracts and for the Procurement of Materials and Equipment

In all solicitations either by competitive bidding or negotiation made by the Contractor either for work to be performed under a subcontract or for the procurement of materials or equipment, each potential subcontractor or supplier shall be notified in writing by the Contractor of the Contractor’s obligations under this contract relative to non-discrimination and equal opportunity.

8. Sanctions

Whenever the administering agency believes the General or Prime Contractor or any subcontractor may not be operating in compliance with the provisions of the Fair Employment Practices Law of the Commonwealth (Massachusetts General Laws Chapter 151B), the administering agency may refer the matter to the Massachusetts Commission Against Discrimination (“Commission”) for investigation.

Following the referral of a matter by the administering agency to the Massachusetts Commission Against Discrimination, and while the matter is pending before the MCAD, the administering agency may withhold payments from contractors and subcontractors when it has documentation that the contractor or subcontractor has violated the Fair Employment Practices Law with respect to its activities on the Project, or if the administering agency determines that the contractor has materially failed to comply with its obligations and the requirements of this Section. The amount withheld shall not exceed a withhold of payment to the General or Prime Contractor of 1/100 or 1% of the contract award price or $5,000, whichever sum is greater, or, if a subcontractor is in non-compliance, a withhold by the administering agency from the General Contractor, to be assessed by the General Contractor as a charge against the subcontractor, of 1/100 or 1% of the subcontractor price, or $1,000 whichever sum is greater, for each violation of the applicable law or contract requirements. The total withheld from any one General or Prime Contractor or subcontractor on a Project shall not exceed $20,000 overall. No withhold of payments or investigation by the Commission or its agent shall be initiated without the administering agency providing prior notice to the Contractor.

If, after investigation, the Massachusetts Commission Against Discrimination finds that a General or Prime Contractor or subcontractor, in commission of a state construction contract or state-assisted construction contract, violated the provisions of the Fair Employment Practices Law, the administering agency may convert the amount withheld as set forth above into a permanent sanction, as a permanent deduct from payments to the General or Prime Contractor or subcontractor, which sanction will be in addition to any such sanctions, fines, or penalties imposed by the Massachusetts Commission Against Discrimination.

No sanction enumerated under this Section shall be imposed by the administering agency except after notice to the General or Prime Contractor or subcontractor and an adjudicatory proceeding, as that term is used, under Massachusetts General Laws Chapter 30A, has been conducted.

9. Severability

The provisions of this section are severable, and if any of these provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.

10. Contractor’s Certification

A bidder for a state construction contract or state assisted construction contract will not be eligible for award of the contract unless such bidder has submitted to the administering agency the following certification, which will be incorporated into the resulting contract:

Contractor’s Certification

______________________________________________________________certifies that they:

(Contractor Name)

1. Will not discriminate in their employment practices; and

2. Intend to use the following listed construction trades in the work under the contract

____________________________________________________________________; and

3. Will make good faith efforts to comply with the minority employee and women employee workforce participation ratio goals and specific affirmative action steps contained herein;

and

4. Are in compliance with all applicable federal and state laws, rules, and regulations governing fair labor and employment practices; and

5. Will provide the provisions of the “Supplemental Equal Employment Opportunity, Non-Discrimination and Affirmative Action Program” to each and every subcontractor employed on the Project and will incorporate the terms of this Section into all subcontracts and work orders entered into on the Project; and

6. Agree to comply with all provisions contained herein.

(Signature of authorized representative of Contractor)

Date

(Printed name of authorized representative of Contractor)

11. Subcontractor Requirements

Prior to the award of any subcontract for a state construction contract or a state assisted construction contract, regardless of tier, the Prime or General Contractor shall provide all prospective subcontractors with a complete copy of this Section entitled “Supplemental Equal Employment Opportunity, Non-Discrimination, and Affirmative Action Program” and will incorporate the provisions of this Section by reference into any and all contracts or work orders for all subcontractors providing work on the Project. In order to ensure that the said subcontractor’s certification becomes a part of all subcontracts under the prime contract, the Prime or General Contractor shall certify in writing to the administering agency that it has complied with the requirements as set forth in the proceeding paragraph.

ARTICLE 9 - PREVAILING WAGES

1. Pursuant to M.G.L.c. 149, section 27, the Contractor shall agree to comply with all provisions of the Prevailing Wage schedule in Appendix C, including the instructions contained in the “Information about Prevailing Wage Schedules for Awarding Authorities and Contractors.”

SECTION II: REQUIRED FORMS

BID FORM

The undersigned proposes to furnish all labor and materials as is required for this contract for property owned and operated by the Town of Shutesbury in accordance with the accompanying specifications, requirements, terms and conditions contained herein for the contract price specified. The Contractor is required to review any related plans, conduct a full site review, and read all the provisions in the document before inserting prices. The contract will be awarded to the responsive and responsible Bidder offering the lowest contract price for the GRAND TOTAL and in compliance with the Instructions in the IFB.

The undersigned agrees that they will within seven (7) days (Sundays and holidays excluded), after receipt of a notice of award by the Conservation Commission, execute the contract in triplicate and furnish the required insurance certificates and performance bond, plus a labor and materials bond, as required by the contract, the premiums for which are to be paid by the contractor and included in the contract price. The undersigned certifies under penalties of perjury that all information contained in the required Bid forms is accurate and complete. By signing this Bid Form, the Bidder confirms compliance with applicable state and federal employment laws or regulations, including Worker’s Compensation Insurance as required by M.G.L. Chapter 152.

BIDDER INFORMATION

Business Name: ________________________________________________________________

Business Address: ______________________________________________________________

Town/State/Zip: ________________________________________________________________

Signed: _______________________________________________________________________

Date: _________________________________________________________________________

Printed Name: _________________________________________________________________

EIN: _________________________________________________________________________

Telephone: ____________________________________________________________________

Email address: _________________________________________________________________

PROPOSED SCHEDULE

Proposed start of work date: ______________________________________________________

Proposed completion date: ________________________________________________________

COSTS (if additional rows are required, please attach a separate sheet)

Description of Item/Work Cost in Words Cost in Dollars and Cents

GRAND TOTAL IN WORDS: ____________________________________________________

GRAND TOTAL IN DOLLARS AND CENTS: ______________________________________

CERTIFICATE OF NON-COLLUSION

The undersigned certifies under penalties of perjury that this Bid or proposal is in all respects bona fide, fair, and made without collusion or fraud with any other person. As used in this certification, the word “person” shall mean any natural person, joint venture, partnership, corporation, union, committee, club, or other organization, entity, business, group of individuals, or legal entity.

SIGNATURE: _________________________________________________________________

WRITTEN NAME: _____________________________________________________________

NAME OF BUSINESS:__________________________________________________________

DATE: _______________________________________________________________________

CERTIFICATE OF TAX COMPLIANCE

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

SIGNATURE: _________________________________________________________________

WRITTEN NAME: _____________________________________________________________

NAME OF BUSINESS:__________________________________________________________

DATE: _______________________________________________________________________

EIN: _________________________________________________________________________

Your EIN may be furnished to the Massachusetts Department of Revenue to determine whether you have met tax filing or tax payment obligations. Providers who fail to correct their non-filing or delinquency will not have a contract or other agreement issued, renewed, or extended.

LABOR HARMONY AND OSHA TRAINING CERTIFICATION

Pursuant to M.G.L. c. 30, § 39 S (a), I certify under the penalties of perjury that:

(1) I am able to furnish labor that can work in harmony with all other elements of labor employed or to be employed in the work;

(2) that all employees to be employed at the worksite will have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health Administration that is at least 10 hours in duration at the time the employee begins work and who shall furnish documentation of successful completion of said course with the first certified payroll report for each employee; and

(3) that all employees to be employed in the work subject to this Bid have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health Administration that is at least 10 hours in duration.

SIGNATURE: _________________________________________________________________

WRITTEN NAME: _____________________________________________________________

NAME OF BUSINESS:__________________________________________________________

DATE: _______________________________________________________________________

DEBARMENT LETTER

As a potential vendor for the contract described in the IFB, the Town requires that you provide a debarment/suspension certification indicating that you are in compliance with the below Federal Executive Order. Certification can be done by completing and signing this form.

Debarment:

Federal Executive Order (E.O.) 12549 “Debarment and Suspension“ requires that all contractors receiving individual awards, using federal funds, and all sub-recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government.

I hereby certify under pains and penalties of perjury that neither I nor any principal(s) of the Company identified below is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency.

Name: ________________________________________________________________________

Company: _____________________________________________________________________

Address: ______________________________________________________________________

City, State, Zip: ________________________________________________________________

Phone: _______________________________________________________________________

Email: ________________________________________________________________________

Signature: _____________________________________________________________________

Date: _________________________________________________________________________

CERTIFICATE AS TO CORPORATE BIDDER

I, ____________________________________________________________, certify that I am the ____________________________________________ of the Corporation named as Bidder in the within the Bid Form: that __________________________________ who signed said Bid Form on behalf of the Bidder was then ________________________________________ of said Corporation, that I know his signature and that his signature thereto is genuine and that said Bid Form was duly signed, sealed and executed for and in behalf of said Corporation by authority of its governing body.

(Corporate Seal)

Signature: _____________________________________________________________________

Title: _________________________________________________________________________

Date: _________________________________________________________________________

COMMONWEALTH OF MASSACHUSETTS

EXECUTIVE ORDER 481 - CONTRACTOR CERTIFICATION

PROHIBITING THE USE OF UNDOCUMENTED WORKERS ON STATE

CONTRACTS

CONTRACTOR LEGAL NAME:________________________________________________

INSTRUCTIONS: Executive Order 481 applies to all state agencies in the Executive Branch, including all executive offices, boards, commissions, agencies, departments, divisions, councils, bureaus, and offices, now existing and hereafter established. As it is the policy of the Executive Branch to prohibit the use of undocumented workers in connection with the performance of state contracts, all contracts entered into after February 23, 2007 require that contractors, as a condition of receiving Commonwealth funds under any Executive Branch contract, make the following certification.

CONTRACTOR CERTIFICATION: As evidenced by the signature of the Contractor’s Authorized Signatory below, the Contractor certifies under the pains and penalties of perjury that the Contractor shall not knowingly use undocumented workers in connection with the performance of all Executive Branch contracts; that pursuant to federal requirements, the Contractor shall verify the immigration status of all workers assigned to such contracts without engaging in unlawful discrimination; and that the Contractor shall not knowingly or recklessly alter, falsify, or accept altered or falsified documents from any such worker(s). The Contractor understands and agrees that breach of any of these terms during the period of each contract may be regarded as a material breach, subjecting the Contractor to sanctions, including but not limited to monetary penalties, withholding of payments, contract suspension or termination.

Date: _________________________________________________________________________

Contractor Authorizing Signature: __________________________________________________

Print Name: ___________________________________________________________________

Title: _________________________________________________________________________

Telephone: ____________________________________________________________________

Email: ________________________________________________________________________

The Contractor is required to sign this Certification only once and may provide a copy of the signed Certification for any contract executed with an Executive Branch Department. A copy of this signed Certification must be attached to the “record copy” of all contracts with this Contractor that are filed with the contracting Department.

QUALIFICATION FORM

All questions must be answered, and the data given must be clear and comprehensive. Please type or print legibly. If necessary, add an additional sheet. This information will be utilized by the Conservation Commission for purposes of determining Bidder responsiveness and responsibility with regard to the requirements and specifications of the Contract.

1. Firm Name: _________________________________________________________________

2. When organized:______________________________________________________________

3. Date and State of incorporation (if incorporated): ____________________________________

4. All contracts currently on hand, including contract amount and anticipated date of completion:

5. Do you have at least five (5) years demonstrated experience performing similar services for municipalities or school districts? ________ Yes ________ No

6. Do you possess adequate labor, equipment, engineering, and management capabilities to effectively service this contract over the anticipated term, including all renewal options?

________ Yes ________ No

7. Have you or your firm ever been terminated on an awarded contract or have you ever otherwise failed to complete any work awarded? ________ Yes ________ No

If “yes”, describe the circumstances (attach an additional sheet if necessary):

REFERENCE FORM

Provide information for three (3) clients for whom you have provided similar services within the last five (5) years and describe those projects. You may attach additional information (for example, photographs, letters of recommendation, etc.) if desired.

1) Client: _____________________________________________________________________ Contact Name: _________________________________________________________________ Phone: _______________________________________________________________________ Email: ________________________________________________________________________ Contract Term (e.g. 2016-2021): ________________ Total Value: $_______________________ Description of project: ___________________________________________________________

2) Client: _____________________________________________________________________ Contact Name: _________________________________________________________________ Phone: _______________________________________________________________________ Email: ________________________________________________________________________ Contract Term (e.g. 2016-2021): ________________ Total Value: $_______________________ Description of project: ___________________________________________________________

3) Client: _____________________________________________________________________ Contact Name: _________________________________________________________________ Phone: _______________________________________________________________________ Email: ________________________________________________________________________ Contract Term (e.g. 2016-2021): ________________ Total Value: $_______________________ Description of project: ___________________________________________________________

SECTION III: GENERAL TERMS AND CONDITIONS

ARTICLE 1 - DEFINITION OF TERMS

Wherever in these specifications or other contractual documents the following terms, or pronouns in place of them, are used, the intent and meaning shall be interpreted as follows:

ALTERATION Change in the form or character of any of the work done or to be done.

A.S.T.M. The American Society For Testing Materials.

BIDDER Any individual, firm or corporation submitting a proposal for the work contemplated, acting directly or through a duly authorized representative.

COMMISSION The Shutesbury Conservation Commission.

CONTRACT The Written agreement executed between the Town and the Contractor setting forth the obligations of the parties thereunder, including, but not limited to, the performance of the work, the furnishing of labor, and materials, and the basis of payment. The Contract includes the Invitation to Bid, Instructions for Bidders, Proposal, Contract Agreement, General Conditions, Bidder’s Qualification Forms, Wage Rates, Specifications, Special Provisions, Performance Bonds, General and Detailed plans, any extra work orders and agreements that are required to complete the Construction of the work in an acceptable manner, including authorized extensions thereof, all of which constitute one instrument.

EXTRA WORK Work which:

a. was not originally anticipated and/or contained in the contract; and therefore

b. is determined by the Commission to be necessary for the completion of the project; and

c. bears a reasonable subsidiary relation to the full execution of the work originally described in the contract.

LAYOUT See Right-of-Way.

LOCATION See Right-of-Way.

MATERIAL Any substance proposed to be used in connection with the construction of any integral part and/or any appurtenant part and/or any incidental part of the proposed project.

OWNER The Town of Shutesbury, Massachusetts, acting by and through its Town Administrator.

PLANS The contract drawings, Town Standards, Detail sheets, or exact reproductions thereof, which show the location, character, dimension and details of the work including any alterations thereof permissible under the contract and authorized by duly approved written orders.

PREMISES Town property and anything left on it.

PROJECT AREA The South Brook Conservation Area and Lake Wyola Town Beach area, being respectively Parcels E-3 and B-800 in the Town of Shutesbury, Massachusetts.

PROPOSAL The written offer of the Bidder submitted in approved form to perform the work contemplated.

REFERENCE Where reference is made in the Contractual documents, Publications and Standards issued by associations or Societies, the intent shall be to specify the current edition of such Publications or Standards (including tentative revisions) in effect on the date of the contract advertisement, notwithstanding any reference to a particular date.

RIGHT-OF-WAY That area which has been laid out or acquired for the purposes of the proposed contractual project.

SHALL “Shall” is mandatory; “may” is permissive.

SPECIAL PROVISIONS The special directions, provisions and requirements prepared to cover proposed work not satisfactorily provided for by the specifications. These special provisions shall be included within the general term “Specifications” and shall be made a part of the contract with the express purpose that they shall prevail over all other specifications.

SPECIFICATION The directions, provisions and requirements contained herein, together with all written agreements made or to be made pertaining to the method and manner of performing the work, or the quantities and quantities of materials to be furnished under the contract.

THE WORDS “As directed”, “as permitted”, “as required” or words of like effect shall mean that the direction, permission, or requirement of the Commission is intended, and similarly the words “approved”, “acceptable”, “satisfactory”, or words of like import shall mean approved by or acceptable or satisfactory to the Commission, unless otherwise provided herein. The words “necessary”, “suitable”, “equal” or words of like import shall mean necessary, suitable or equal in the opinion of the Commission.

TOWN The Town of Shutesbury, Massachusetts.

WORK All performance, including the furnishing of materials, labor, tools, equipment and incidentals, required of the Contractor under the terms of the contract. The words “complete in place” shall mean the inclusion of all work, including incidentals, mentioned or implied in the Specifications and on the plans, or work that may reasonably be inferred as necessary to the proper execution of the item, unless payment for any portion of the work is otherwise specifically provided for.

ARTICLE 2 - INSPECTION AND TESTING

The Commission and its agents will keep close watch over the progress of the work. They shall have access to the work, and be allowed to inspect it.

The Commission and its agents reserve the right to inspect or check any of the work, and the Contractor shall not claim added compensation for any delay occasioned by the Commission exercising this right, nor for any corrective work which the Commission orders as the result of the Contractor's errors.

All materials and equipment used in the project shall be subject to adequate inspection and testing in accordance with accepted standards. The laboratory or inspection agency shall be selected by the Owner. The Owner will pay for all laboratory inspection service directly, and not as part of the contract, unless otherwise expressly provided for in the General Conditions or in the Special Provisions.

Materials of construction, particularly those upon which the strength and durability of the structure may depend, shall be subject to inspection and testing to establish for uses intended.

ARTICLE 3 - PROTECTION OF ABUTTING PROPERTIES

The Contractor shall be responsible for protecting their own work and all nearby abutting properties from damage resulting from their performance of the contact. They shall pay particular attention to trees, shrubs, lawns, steps, walks, etc. abutting the work and shall save them from damage and harm. If, through negligence or carelessness, the Contractor damages such trees, shrubs, etc., an amount equal to the damage done shall be deducted from their payment. Such reduction shall be determined by the Commission and shall be final and binding.

The Contractor is responsible to see that their equipment, tools, materials, and workers shall not be placed on or allowed to overrun onto abutting private properties.

ARTICLE 4 - PERMITS

Unless specifically excluded from the contract documents, the Contractor shall obtain all required permits, licenses, certificates, and inspections, both permanent and temporary, and shall make all necessary arrangements with Utility Companies to properly prosecute the work, and shall send all notices to Utilities as are required by the General Laws of Massachusetts.

ARTICLE 5 - CHANGES IN THE WORK

The Commission, without invalidating the contract, may order extra work or make changes by altering, adding to, or deducting from the work and the contract sum shall be adjusted accordingly. All such work shall be executed under conditions of the original contract except that any claim for extension of time caused thereby shall be adjusted at the time of ordering such change. In giving instruction, the Commission shall have authority to make minor changes in the work not involving extra cost and not inconsistent with the purposes of the work, but otherwise no extra work or change shall be made unless in pursuance of written order signed by the Chair of the Commission and no claim for an addition to the contract sum shall be valid unless so ordered.

ARTICLE 6 - CORRECTION OF WORK AFTER FINAL PAYMENTS

Neither the final certificate, nor payments, nor any provision in the contract shall relieve the Contractor of responsibility for faulty materials or workmanship, any defects, omissions or mistake of the Contractor or their employees, and they shall remedy any defects due thereto, and pay for any damage to any work resulting therefrom, which shall appear within a period of one

(1) year from the date of successful completion.

ARTICLE 7 - MATERIAL HANDLING, STORAGE, AND CLEANUP

Th…