Tiverton Library Contract Documents.pdf

TIVERTON PUBLIC LIBRARY

“LEARNING LANDSCAPE PHASE I”

34 Roosevelt Ave.

Tiverton, RI 02878

CONTRACT DOCUMENTS AND SPECIFICATIONS

PREPARED BY:

Thrive Outside 19 Sunnyside Ave.

Bristol, RI 02809

With:

Eponymous Practice 183 High Street Bristol, RI 02809

“LEARNING LANDSCAPE PHASE I”

Table of Contents

Description Page

Advertisement and Notice to Bidders.....................................................................................3-4

Information for Bidders...........................................................................................................5-11

*Bid Bond…………………………………………………………………………………………….12

*Addenda Acknowledgement

*Hold Harmless Statement

*Contractor’s Current Job Commitments

*Contractor’s Staff and Equipment List

*Contractor’s Reference List

*Representations of Bidder

*Non-Collusive Bidding Certification

*Proposal ................................................................................................................................20-22

*Resolution of Authorization if Bidder is a Corporation

*Resolution of Authorization if Bidder is a Limited Liability Company…………………………..24

*Form of Contract....................................................................................................................25-26

RI Department of Labor Prevailing Wage Rates Schedule……………………………………….27

Form of Performance Bond…………………………………………………………………………..28-29

Form of Labor and Material Payment Bond..............................................................................30-31

General Conditions...................................................................................................................32-46

CONSTRUCTION DRAWINGS

● L-000 Cover Sheet

● Topographical Survey

● L-100 Site Demolition and Preparation Plan

● L-200 Site Materials and Grading Plan

● L-300 Site Planting Plan

● L-400 Site Details

NOTE: All forms marked with an asterisk (*) above must be filled out, signed and submitted to constitute a bona-fide bid. Corporate Resolution and Limited Liability Company Resolution, if applicable, must be filled out, signed and submitted to constitute a bona-fide bid.

ADVERTISEMENT AND NOTICE TO BIDDERS

Notice to Contractors: Sealed Bids for the construction of the Tiverton Public Library “Learning Landscape Phase I” will be received in the office of the Tiverton Public Library, 34 Roosevelt Avenue, Tiverton, RI 02878 until 4:00PM EST on Monday, July 28th, 2025, at which time all bids will be publicly opened and read aloud in the Library Trustees Meeting Room. Prior to the public opening of the bids, any bid submitted may be withdrawn by the bidder if said bidder discovers mathematical or clerical errors in his bid. Any such bid withdrawal may be made without penalty or prejudice. After the bids are opened, all offers will be considered firm for a period of sixty days and no bid may be withdrawn for any reason during that period except for such cause as the Tiverton Public Library in its sole discretion deems sufficient.

Scope of Work: Work consists of all labor, tools, materials and equipment necessary to install Phase I of the “Learning Landscape“ including a walkway, story walk signs, fencing, boulder retaining wall, plantings, and related work and materials.

Project Landscape Architect:

Joe James of Eponymous Practice (for Thrive Outside) 183 High Street, Bristol, RI 617-999-9345

Copies of the Plans and Specifications: Copies may be accessed from the following sources:

● Tiverton Public Library website: https://tivertonlibrary.org/

● Town of Tiverton’s website: https://www.tiverton.ri.gov/onlinedocuments/rfps.php

● Town of Tiverton’s Online Bidding System: https://www.bidnetdirect.com/rhode-island/tivertonri

Bid Submittal: All bids shall be submitted on the Bid Forms accompanying the Contract Documents and in accordance with the Instructions for Bidders and shall not be removed from the Contract Documents.

Bids shall be addressed to:

Tiverton Public Library 34 Roosevelt Ave.

Tiverton, RI 02878 Attention: Catherine Damiani, Library Director

Bids shall be in a sealed envelope marked:

Tiverton Library Learning Landscape Phase I Project ATTENTION: Catherine Damiani, Library Director

Bids shall be signed by the Bidder and if the Bidder is bidding as an individual, the Bidder shall add its business address and place of residence. In the case of a partnership, the names and residence of each partner shall be inserted. In case a bid shall be submitted by or on behalf of a corporation, the corporate name and address of the bidder shall be followed by the signature of the authorized corporate officer and its corporate office shall be set forth therein. In case a bid shall be submitted by or on behalf of a limited liability company, the limited liability company name and address of the bidder shall be followed by the signature of the authorized manager or member and its office shall be set forth therein.

Pre-Bid Conference: A mandatory pre-bid conference, including a comprehensive site visit, is scheduled for Tuesday, July 8th at 10:30am EST at the Tiverton Public Library, 34 Roosevelt Ave., Tiverton, RI 02878. No proposals will be accepted from firms who do not attend this pre-bid conference.

No bid will be accepted after the time set for the opening of the bids and no Bidder may withdraw (his)(her) bid for a period of sixty (60) days after the actual date of opening thereof.

Questions: The Contractor shall submit any questions, requests for information, or clarifications regarding the scope of work, specifications, or other contract documents in writing no later than July 15, 2025. All responses to submitted questions will be issued by the Owner in writing no later than July 18, 2025. The Owner reserves the right to issue addenda as necessary based on these inquiries.

Bid Bond: Each Bid must be accompanied by a Bid Bond in the form provided in the Bid Specifications or Certified Check payable to Tiverton Public Library in an amount not less than 5% of the Bid.

Performance bond: A performance bond in an amount equal to one hundred percent (100%) of the accepted bid will be required.

Site visits: The site may be inspected by appointment only, on weekdays. Call from 10:00am to 3:00pm to make an appointment.

Grant Funding and Budget Limitation: The Contractor acknowledges and understands that this project is funded through a grant and is subject to a maximum total budget of $100,000. Any costs incurred beyond the stated budget shall be the sole responsibility of the Contractor unless prior written authorization is provided by the Owner.

The Tiverton Public Library is an equal opportunity and affirmative action purchaser and bids from all vendors, including those from enterprises owned by MBE’s, WBE’s and SBE’s are encouraged.

Non-collusive bidding certifications must be signed and attached to all bids.

The Tiverton Public Library reserves the right to reject any or all bids and to award the contract to the Bidder deemed to be for its best interest and further reserves the right to consider bids for a period of ninety (90) days from the date of receipt thereof.

Catherine Damiani Director, Tiverton Public Library director@tivertonlibrary.org

Dated at June 20, 2025 http://director@tivertonlibrary.org

INFORMATION FOR BIDDERS

Character and Location of Work

The Tiverton Public Library, (hereinafter referred to as the “Owner”), proposes the construction of facilities as stated in the “Advertisement and Notice to Bidders” for the project known as the “TIVERTON PUBLIC LIBRARY “LEARNING LANDSCAPE PHASE I” (the “Project”). The work herein described is located in the Town of Tiverton, Rhode Island.

The work under this Contract includes all the labor, tools, materials and equipment necessary to install a walkway, story walk signs, fencing, boulder retaining wall, plantings, and related work and materials. The foregoing is a general description of the work only and shall not be construed as a complete description of the work to be performed. The Contractor shall furnish all labor, equipment and materials as specified and as shown on the drawings and as necessary for a complete installation.

It is not intended that this description of work mention each particular item required, but that it give information concerning the general scope and areas of work for the convenience of the bidders.

Owner’s Representative

Eponymous Practice (for Thrive Outside) Attention: Joe James, RLA, shall be the Owner’s Representative for this Project, and shall be primarily responsible for responding to any inquiries from the bidders and the Contractor to whom the contract is awarded. The Owner’s Representative may be reached by telephone at (617) 999-9345 or via email at joe@eponymouspractice.com

Bidders

Each bidder shall be skilled and regularly engaged in the class of work bid upon. The Bidder shall carefully examine the location selected for the work and make himself familiar with the Contract Drawings before submitting its bid in order that no misunderstanding shall exist in regard to the nature and character of the work to be done. No bid will be considered from bidders who are unable to show that they have performed work of a similar character to that provided herein.

The low bidders will be required to furnish information as to its construction experience, ownership of equipment to be used, work items to be sublet, and financial resources. Such information will be utilized in formulating a report as to the bidder’s history, reputation, organization and capacity for satisfactory and faithful performance of its work and work of a similar character and will not otherwise be made public.

Organization Of Specifications

Arrangement - The specifications consist of three major parts, the Information for Bidders and the General Conditions. In addition, there is the Proposal, Form of Contract, and the Forms of Performance and Labor and Material Payment Bonds.

Conflicts - In case of conflicts between either the Information for Bidders, Special Conditions or the Technical Specifications, and the General Conditions, the former three shall always govern.

In case of conflicts between statements in the specifications which are found in parts thereof having the same apparent merit, then the problem will be resolved by considering the contract and its intent as a whole, and not by merely giving preference to one specific part.

In all cases of conflict the Owner’s Representative shall be the sole judge and shall give the final decision.

Examination Of Site, Drawings, Etc.

Each bidder shall acquaint themself fully with conditions, difficulties and restrictions attending the execution of the work under this contract. Bidders shall thoroughly examine and be familiar with the

Contract Documents. The failure or omission of any bidder to examine the Contract Documents or to acquaint himself with conditions shall in no way relieve the bidder from any obligation with respect to its bid or to the contract. The submission of a bid shall be taken as conclusive evidence of compliance with this section.

Verbal Statements Not Binding

The written terms and provisions of these documents supersede all prior verbal statements of the Owner’s Representative or other representative of the Owner, and such statements shall not be effective or be construed as entering into or forming a part of, or altering in any way whatsoever, the written agreement.

Interpretation Of Documents

If any person who contemplates submitting a bid for the proposed contract is in doubt as to the meaning of any part of the Contract Documents, the Bidder may submit to the Owner’s Representative, a written request for an interpretation thereof not less than ten (10) days prior to the day of opening bids.

Interpretation of the proposed documents will be made only on addenda issued before bidding, and a copy of such addenda will be mailed or delivered to each person known to have acquired a set of such Contract Documents.

Addenda

Any addenda details, or supplemental drawings issued during the preparation of bids shall be taken into account in the proposal and attached thereto, and shall become part of the Contract Documents. The attention of prospective subcontractors must be called to these changes as well as to the effect addenda may have on its work.

Subsurface

Other subsurface data relative to existing utilities, storm drains, underground structures, and the like, have been shown on the Contract Drawings wherever such information was available and considered to have a bearing on the work at hand. These have been shown for informational purposes only and the Owner makes no representation or guarantee as to the accuracy of the character, conditions, sizes, locations or depths of these structures or pipe lines shown or to the completeness of this information.

Bids Received

The Owner invites bids on the forms attached hereto. All blanks on these forms must be appropriately filled with ink. Bid sheets shall not be removed from these Contract Documents and submitted separately.

Bids will be received at the office of the Library Director, Tiverton Public Library, 34 Roosevelt Ave., Tiverton, RI 02878, until 4:00 P.M. on Monday, July 28th. Bids will be publicly opened and read aloud on Monday, July 28th at 4:15pm.

Bids shall be signed by the Bidder, and if the Bidder is bidding as an individual, the Bidder shall add its business address and place of residence. In the case of a partnership, the names and residence of each partner shall be inserted. In case a bid shall be submitted by or in behalf of a corporation, the corporate name and address of the bidder shall be followed by the signature of the authorized corporate officer and its corporate office shall be set forth. In case a bid shall be submitted by or in behalf of a limited liability company, the limited liability company name and address of the bidder shall be followed by the signature of the authorized manager or member and its office shall be set forth therein.

Proposals shall be enclosed in opaque sealed envelopes, addressed to the Library Director, Tiverton Public Library, 34 Roosevelt Ave., Tiverton, RI 02878. To insure proper identification, bid envelopes must indicate the name and address of the bidder, and the project name. If forwarded by mail, the opaque sealed envelope containing the proposal marked as directed, must be enclosed in another envelope addressed as specified herein before.

The Owner may consider informal any bid not prepared and submitted in accordance with the provisions hereof or reject any and all bids. Prior to the public opening of the bids, any bid submitted may be withdrawn by the bidder if said bidder discovers mathematical or clerical errors in his bid. Any such bid withdrawal may be made without penalty or prejudice. After the bids are opened, all offers will be considered firm for a period of ninety days and no bid may be withdrawn for any reason during that period except for such cause as the Owner, in its sole discretion deems sufficient.

Bid Security

Each bidder shall deliver a bid security with its bid as stated in the Advertisement and Notice to Bidders and substantially in the form provided herein.

The General Conditions of the contract require the Contractor to furnish an acceptable Performance and Payment Bond before commencing work under the contract. If the successful bidder shall fail or neglect to sign and execute said contract and bond within ten (10) calendar days after notice that the contract has been awarded him, such failure or neglect will be deemed by the Owner to be abandonment of the contract by the bidder, and upon declaration of abandonment of the Contract by the Bidder, security accompanying the bid or proposal shall be claimed and retained by the Owner for its own account. The Owner shall have the authority to award the contract to another bidder or re-advertise the proposal.

Nothing stated heretofore shall prevent the Owner from making a legal claim for liquidated damages against the bidder equal to the differential between the bid security claimed and received and the actual costs incurred by reason of the bidder’s abandonment. The bid securities will be returned to all except the three lowest formal bidders within three (3) days after the opening of bids, and the remaining securities will be returned to the three lowest bidders within forty-eight hours after the Owner and the accepted bidder have executed the Contract, or if no contract has been so executed within ninety (90) days after the date of the opening of bids upon demand of the bidder at any time thereafter so long as the Bidder had not been notified of the acceptance of its bid.

Special Notice To Bidders

Attention is directed to the fact that a complete set of bidding and contract forms is bound in with these Contract Documents. These forms are not to be detached and shall be used for the submission of the bid and the execution of the contract.

Proposal

Each proposal must be made on the blank sheets provided, attached to and forming part of the specifications. All blank spaces in said proposal must be filled in as noted and no change shall be made in the phraseology nor in the items contained therein. Proposals that contain any omissions, erasures, alterations, errors, additions, or irregularities of any kind may be rejected as informal.

Every proposal must be in writing and signed by the bidder and must be accompanied by certified check or Bid Bond in the amount specified, payable to the Owner.

Said certified check or Bid Bond will be considered as a guarantee that the bidder will enter into the proposed contract if awarded to him and the Bidder will forfeit the same if the Bidder fails to execute said contract within ten (10) days after being notified to do so. The certified check will be returned to the successful bidder after the contract has been executed. Deposits of unsuccessful bidders will be returned as soon as the contract has been awarded.

The price bid shall include the cost of all labor, material, transportation, equipment, tools, appliances, royalties, license fees, taxes and other incidental expenses necessary to properly complete the work.

Minor details not usually shown or specified, but necessary for proper work and acceptable construction shall be included in work as if specified or indicated.

No bids will be received after the time set for opening bids.

Addenda And Interpretation Of Documents

If any person who contemplates submitting a bid for the proposed contract is in doubt as to the meaning of any part of the plans, specifications or other contract documents, the Bidder may submit to the Owner’s

Representative a written request for an interpretation thereof not less than ten (10) days prior to the day of the opening of the bids. Any and all such interpretations and supplemental instructions will be in the form of a written addenda to the specifications which, if issued, will be mailed by certified mail with return receipt requested to all prospective bidders (at the respective addresses furnished for such purposes) not later than five (5) days prior to the date fixed for the opening of bids.

Failure of any bidder to receive any such addenda or interpretation or any other form, instrument or document shall not relieve any bidder from any obligation under its bid as submitted. All addenda so issued shall become part of the contract documents.

Non-Collusive Bidding Certification

Pursuant to the State of Rhode Island Procurement Regulations.

By submission of this bid, each Bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief:

1. The price of this bid has been arrived at independently without collusion, consultation, communications, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other Bidder or with any competitor;

2. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to opening, directly or indirectly, to any other Bidder or to any competitor; and

3. No attempt has been made or will be made by the Bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition.

Withdrawal of Bids

No bid will be allowed to be withdrawn for any reason whatsoever for a period of ninety (90) days after the opening of bids. No bid will be allowed to be withdrawn for any reason whatsoever by the bidder who has been notified that the Bidder has been awarded the Contract.

Award of Contract

The Owner reserves the right to reject any or all bids or to accept any bid it deems to be in the best interest of the Owner, and further reserves the right to consider bids for a period of ninety (90) days from the date of receipt thereof.

Pre-construction Conference And Notice To Proceed

After the actual award of the Contract (and prior to the start of construction), the Contractor or his representative shall attend a Pre-Construction Conference with Representatives from the School Department. The Conference will serve to acquaint the participants with the general plan of Contract administration and requirements under which the construction operation is to proceed. The date, time and place of the Conference will be furnished to the Contractor by the School Department.

Rejection Of Bids

The Owner reserves the right to reject any or all bids and to reject any bid if the evidence submitted by or investigation of such bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein, or is otherwise not a responsible bidder. Any bid which is not accompanied by a bid deposit as prescribed herein or is on a form which is not completely filled in or which is incomplete, conditional or obscure or which contains any addition not called for shall be deemed non-responsive; and the awarding authority shall have the authority to reject every such bid.

Execution Of Contract

The successful bidder will be required to furnish the necessary insurance and bonds (performance bond and payment bond) and to execute the contract in the form attached hereto within ten (10) days of the notice of award. In the case of failure or refusal by the successful bidder to do so, the amount of the deposit (bid bond), shall be forfeited to the Owner as liquidated damages.

Insurance

The Contractor who is awarded the contract is required to carry during the continuance of this contract the following minimum insurance:

Minimum Insurance Required By The Owner From Contractors

Contractor shall furnish a certificate of insurance prior to commencing work evidencing:

1. Worker's Compensation and Employers Liability Policy, covering operations in Rhode Island.

2. Comprehensive General Liability Policy, with limits of no less than $1,000,000/$2,000,000 Bodily Injury and Property Damage, and including coverage for:

A. Products/Completed Operations;

B. Independent Contractors;

C. Explosive, collapse and underground losses (x.c.u.);

D. Broad Form Property Damage liability (including completed operations);

E. Personal Injury including hazards a, b, and c above;

F. Owner and the Owner’s Representative shall be named as an "Additional Insured" on the policy and the certificate of insurance should show this as to the liability coverage on the certificate.

3. Comprehensive Automobile Policy, with limits no less than $1,000,000 Bodily Injury and Injury and Property Damage liability including coverage for owned, non-owned, and hired private passenger and commercial vehicles.

4. Owner's Protective Liability Policy with limits no less than $1,000,000 shall be taken out and maintained during the life of this contract which will protect the owner from claims for damages for personal injury, liability, accidental or wrongful death, as well as property damage which may arise from operations under this contract whether such operations be by himself or by any subcontractor or by anyone directly or indirectly employed by either party.

5. Certificates shall provide that thirty (30) days written notice, by registered mail with return receipt requested, prior to cancellation or expiration be given to the Owner. Policies that lapse and/or expire during term of work shall be recertified and received by the Owner no less than thirty (30) days prior to expiration or cancellation.

The Contractor shall furnish to the Owner Certificates of Insurance for 1, 2a, 2b, 2c, 2e, and 4 above, as evidence of coverage prior to commencement of work and naming the Owner as an additional insured.

The cost of furnishing the above insurance shall be borne by the Contractor; there will be no direct payment for this work. Cost will be deemed to have been included in the price bid for all scheduled items.

Rhode Island Sales And Compensating Use Taxes

The Owner is exempt from payment of sales and compensating use taxes of Rhode Island State, cities, and counties on all materials to be incorporated into the project. These taxes shall not be included in the bid prices.

The Owner will furnish the required certificates of tax exemption to the Contractor for use in the purchase of supplies and materials to be incorporated into the project.

The Owner’s exemption does not apply to construction tools, machinery, equipment or other property purchased by or leased by the Contractor and subcontractors, or to supplies or materials not incorporated into the project. The Contractor shall be responsible for and shall pay any and all applicable taxes, including sales and compensating use taxes, on such tools, machinery, equipment or other property, or such supplies or materials not incorporated into the project.

Contract Time

The contractor guarantees that he can and will complete all work under this project, Tiverton Public Library “Learning Landscape Phase I”, within 30 calendar days. Charges to contract time are to begin as of the date of the Notice to Proceed and shall include Sundays and Holidays. Charges to contract time will end on the day the work is accepted by the Owner.

State Law Compliance

All Contractors are required to comply with applicable provisions of Rhode Island state law. Foreign Contractors—defined as individuals who are legal residents of another state or country, or business entities (such as corporations or partnerships) with a principal place of business outside of Rhode Island—must comply with the provisions of R.I. Gen. Laws § 44-11-1 et seq. (pertaining to taxation of corporations) and any other applicable tax laws prior to the submission of a proposal for the performance of work.

As a condition of contract award, Foreign Contractors shall provide a Certificate of Good Standing or equivalent documentation from the Rhode Island Division of Taxation indicating that all applicable taxes have been paid. This certificate shall be considered conclusive evidence of compliance with state tax obligations.

Further, attention is directed to the provisions of R.I. Gen. Laws § 34-28-19, which establishes that funds received by a Contractor for a public works project are deemed trust funds and must be applied first to the payment of laborers, subcontractors, and material suppliers, as required by law. Failure to comply with these requirements may result in legal liability, including civil and/or criminal penalties.

Labor

The attention of the Contractor is called to the necessity of compliance with the provisions of Section 37-13-13 of the Rhode Island General Law, as amended.

MINIMUM LABOR RATES, PUBLISHED BY THE RHODE ISLAND DEPARTMENT OF LABOR

AND TRAINING, SHALL BE THOSE IN EFFECT ON THE DATE OF THE SIGNING OF THE

CONTRACT, AND SHALL BE MADE A PART THEREOF.

Consent Of Surety

The attention of the Contractor is called to the Consent of Surety attached to the itemized proposal sheets in these Specifications. This must be properly filled out by its Surety and submitted with its bid. The Owner reserves the right to reject all bids that do not contain this Consent of Surety properly filled out and attached to its proposal on the actual date of the opening of sealed bids.

Completion Of Work By Owner

If the work to be done under this contract shall be abandoned by the Contractor, or if this contract shall be assigned, or the work sublet by him, otherwise than as herein specified; or if at any time the Owner’s Representative shall be of the opinion and shall so certify in writing to the Owner that the Contractor is willfully violating any of the conditions or covenants or this contract, or of the specifications, or is executing the same in bad faith or not accordance with the terms thereof; or if the work be not fully completed within the time named in this contract for its completion, or within the time to which the completion of the contract may be extended by the Owner, the Owner may notify the Contractor, as herein provided; and the Contractor shall within five (5) days of the service of said written notice, discontinue the work, or such part thereof, and the Owner shall thereupon have the power to contract for the completion of the contract in the manner prescribed by law, or to place such and so many persons as it may deem advisable, by contract or otherwise, to work, and complete the work herein described, or such part thereof, to take possession of and use any of the materials, plant, tools, equipment, supplies and property of every kind provided by the Contractor for the purpose of its work, and to procure other materials and equipment for the completion of the same, and to charge the expense of said labor and materials to the Contractor. The expense so charged shall be deducted and paid by the Owner out of such monies as may be due to, or may at any time thereafter grow due to the Contractor under and by virtue of this contract, or any part thereof. In case such expense shall exceed the amount which would have been payable under the contract if the same had been completed by the Contractor, the Contractor or his surety shall pay the amount of such excess to the Owner; and in case such expense shall be less than the amount which would have been payable under this contract if the same had been completed by the Contractor, the Owner shall pay such difference to the Contractor.

Contractors Storage Area:

The Owner will provide a staging-storage area for the storage of materials and other miscellaneous equipment on the Owner's property. The Owner will assume no responsibility for safety of equipment if so stored. The area will be cleaned on a daily basis in order to maintain a clean and orderly site. Access to all Owner facilities shall be maintained at all times.

BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we (Here insert full name and address or legal title of Contractor) ______________________________________________________________________ ______________________________________________________________________as Principal, hereinafter called the Principal, and (Here insert full name and address or legal title of Surety)__________________________________________________________________________ a corporation duly organized under the laws of the State of_________________________________ as Surety, hereinafter called the Surety, are held and firmly bound unto Tiverton Public Library and the Town of Tiverton, 34 Roosevelt Ave., Tiverton, RI 02878, as Obligee, hereinafter called the Obligee, in the sum of _________________ _________________________________________________Dollars ($_____________) for the payment of which sum well and truly to be made, the Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal has submitted a bid for Tiverton Public Library “Outdoor Learning Landscape Phase I”, 34 Roosevelt Ave., Tiverton, RI 02878, Attention: Catherine Damiani, Library Director, for installation of an Learning Landscape, including a walkway, story walk signs, fencing, boulder retaining wall, plantings, and related work and materials, including all the labor, tools, materials and equipment necessary to install the project.

NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for prompt payment of labor and material furnished in the prosecution therefore, or in the event of the failure of the principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect.

SIGNATURE PAGE FOLLOWS

Signed and sealed this ______________ day of _________________, 2025.

(__________________________(SEAL)

( (Principal)

(Witness) (__________________________(SEAL)

( (Title)

(__________________________(SEAL)

( (Surety)

(Witness) (__________________________(SEAL) (Title)

ADDENDA ACKNOWLEDGEMENT

Should Addenda to this contract be issued the undersigned bidder hereby acknowledges the receipt of such Addenda, if issued; and further, acknowledges that the Bidder has read and understood the content of said Addenda.

Addendum No. One _________________________________________________________ Bidder’s Signature Date

Addendum No. Two _________________________________________________________ Bidder’s Signature Date

Addendum No. Three _________________________________________________________ Bidder’s Signature Date

HOLD HARMLESS STATEMENT

The Contractor (and all subcontractors) shall, during the performance of this work, take all necessary precautions and place proper safeguards for the prevention of accident, and shall indemnify and save harmless, the TIVERTON PUBLIC LIBRARY AND THE TOWN OF TIVERTON, its employees, officers, and agents, the TIVERTON PUBLIC LIBRARY AND THE TOWN OF TIVERTON’S Representative from all claims, suits and actions and all damages and costs to which they may put by reason of death or injury to all persons or property of another resulting from unskillfulness, willfulness, negligence or carelessness in the performance of the work, or in guarding and protecting the same, or from any improper methods, materials, implements or appliances used in its performance or construction, and regardless of whether such claim is by or on account of any direct or indirect act or omission of passive or concurrent negligent act or omission by the TIVERTON PUBLIC LIBRARY AND THE TOWN OF TIVERTON, the TIVERTON PUBLIC LIBRARY AND THE TOWN OF TIVERTON’S Representative or any of its employees, officers, or agents that may have directly or indirectly caused or contributed thereto.

BIDDER: _____________________________

Address: _____________________________

By: _____________________________________ Name: ________________________________ Title: _________________________________

Date: __________________, 2025

Subscribed and sworn to before me this ___ day of _______, 2025

Notary Public

CONTRACTOR'S CURRENT JOB COMMITMENTS

List current job commitments - including owner or engineer's telephone number:

Project-name/location Owner Engineer Bid Amount % Complete

CONTRACTOR'S STAFF AND EQUIPMENT LIST

List key personnel that might be used in the performance of this Contract:

Name Trade/Profession

List and describe equipment that might be used in the work of this Contract:

Quantity Name Size/Type-Use Own, Rent or Lease (circle one)

__________________________________________________________ O R L __________________________________________________________ O R L __________________________________________________________ O R L __________________________________________________________ O R L __________________________________________________________ O R L __________________________________________________________ O R L __________________________________________________________ O R L __________________________________________________________ O R L __________________________________________________________ O R L __________________________________________________________ O R L

CONTRACTOR'S REFERENCE LIST

List at least three (3) in each category. Telephone numbers and addresses must be included.

Name Address Telephone Client ____________________________________________________________ or ____________________________________________________________ Owner ____________________________________________________________

Engineer ____________________________________________________________

Bank ____________________________________________________________

Material ____________________________________________________________ Supplier ____________________________________________________________

REPRESENTATIONS OF BIDDER

The undersigned as Bidder hereby declares and warrants:

A. That the Bidder is financially solvent and that the Bidder is experienced and competent to perform the type of work or to furnish the plant, materials supplies or equipment, to be so performed or furnished by him; and

B. That the Bidder is familiar with all federal, state, municipal, Owner and department laws, ordinances and regulations which may in any way affect the work of those employed therein, including, but not limited to any special acts relating to the work or to the project of which it is a part; and

C. That the Bidder has carefully examined the plans, the specifications, and the site of the work, and that from its own investigations, the Bidder has satisfied himself as to the nature and location of the work, the character, quantity of surface materials, and subsurface conditions likely to be encountered, the character of equipment and other facilities needed for the performance of the work, the general and local conditions, and all other materials which may in any way affect the work or its performance; and

D. That the Bidder is not disqualified from bidding on this contract by reason of the provisions set forth in Chapter 605, Laws of 1959 (Section 103-A, General Municipal Law of the State of New York) which are outlined in the General Conditions of the contract;

and

If this proposal shall be accepted by the Owner, and the undersigned bidder shall fail to contract as aforesaid within ten (10) days from the date of the award of the contract, then the bidder acknowledges that the Bidder shall have abandoned the contract, and the bid security shall be forfeited to, and become the property of the Owner.

1. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and, in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief:

a. The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; and

b. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor; and

c. No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition.

Bidder

By: ___________________________ Name:

Title:

CERTIFICATE OF NON-COLLUSION FOR:

The Tiverton Public Library “Learning Landscape Phase I” Project for the Tiverton Public Library and Town of Tiverton

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

___________________________________________, duly authorized ________________________ Signature of individual submitting bid or proposal Date

Name of business

Address

City/Town State Zip Telephone

PROPOSAL

TO: Library Director, Tiverton Public Library, Tiverton, Rhode Island

FOR: Tiverton Public Library “Learning Landscape Phase I” 34 Roosevelt Ave., Tiverton, Rhode Island 02878

MADE BY: ____________________________________________________________________

(Firm Name)

Pursuant to and in compliance with your Advertisement For Bids and the Information for Bidders relating thereto, the undersigned states that they have examined the Contract Documents and the site of the work, and that they understand the purport and magnitude of the work intended, and has examined all laws, ordinances and regulations governing the work. The undersigned hereby offers to furnish all plant, materials, supplies, equipment, labor, traffic control including police officers if needed and other facilities and things necessary or proper for or incidental to, the proper construction of the work, and to construct the said work in strict accordance with the Contract Documents and such detailed directions, plans, and drawings as may be furnished from time to time during the progress of construction by the Landscape Architect at the following lump sum price, which price includes all incidental work:

A. CONTRACT PRICE The undersigned agrees to furnish all labor and materials to be incorporated into the project for the Contract Price (Lump Sum Complete) of:

(words) ______________________________________________________Dollars

(words) and______________________________________ Cents. ($__________________)

(words) (figures)

The owner has requested that the Lump Sum Bid price be broken down into the following categories:

General Conditions: $____________________ Site Preparation: $____________________ Earthwork: $____________________ Site Improvements

i. Split Rail Fence: $____________________

ii. Storywalk Sign Installation: $____________________

iii. Storywalk Pathway Paving: $____________________

iv. Mulch Seating Area $____________________

v. Boulder Retaining Wall $____________________ Planting:

i. Seeded lawn: $____________________

ii. Planting bed preparation: $____________________

B. ALTERNATES: Should any or all alternates specified be elected by the Owner, add the following amounts to the Contract Price listed above:

Alternate 1: Transplant Existing Tree: $____________________ Alternate 2: Plant Proposed Shrubs: $____________________ Alternate 3: Plant Proposed Meadow: $____________________

C. UNIT PRICES AND ALLOWANCES

1. The Undersigned further agrees that the following unit prices shall apply in connection with additions to or deductions from, the work of this Contract as may be directed. All work shall be done in accordance with applicable Specifications sections. Unit Prices include allowance for all labor, materials, overhead and profit

2. Unit Prices Same unit price shall be used for extra work or credit on unused portion of allowances

UNIT PRICES - EARTH AND ROCK EXCAVATION (Basis for Payment)

Prices include backfill with excavated material if it is suitable. Prices also include all excavation and disposal of all surplus or unsuitable material. Where replacement with the excavated material is prohibited or a particular backfill measurement is specified, the cost of the delivered replacement material in a volume equal to the above excavation pay limits minus the volume of the items installed in the trench shall be paid for a prior negotiated price. Prices do not include costs of shoring and dewatering, but do include sloping for sides of excavation. Payment and credit amounts shall be determined in the following manner Widths and depths of trench excavation as indicated. The total quantity of earth or rock excavation encountered in each depth payment category shall be paid for at its respective unit price as shown below. For example, in a 15 foot trench, the first 6 feet will be paid for at the 0 foot - 6 foot price;

the next 4 feet will be paid for at the over 6 foot - 10 foot price, and the next 5 feet will be paid for at the over 10 foot - 15 foot price. Thus, three different price brackets will prevail.

a. EARTH EXCAVATION - HAND UNIT $ ADD $ DEDUCT

. (1) In trenches - 0' - 6' C.Y.

. (2) In trenches greater than 6' C.Y.

deep, prices must be . negotiated before work is started.

b. EARTH EXCAVATION - MACHINE

. (1) Open Area - All Depths C.Y.

. (2) In Trenches 0'-6' deep C.Y.

6' - 10' deep C.Y.

10'- 15' deep C.Y.

c. ROCK EXCAVATION UNIT $ ADD $ DEDUCT

(1) Open areas, rock C.Y.

removed by ripping (any amount) net rock

The bidder further declares that he/she is/they are the only person/persons interested in the Proposals and that it is made without any connection with any other person or persons making proposals for the same work and that it is in all respects fair and without collusion or fraud.

This proposal is made by:

Contractor: __________________________________________________________

Address: __________________________________________________________

Bidder

By: ___________________________

Subscribed and sworn to before me this ____ day of ____________, 2025.

RESOLUTION OF AUTHORIZATION IF BIDDER IS A CORPORATION:

RESOLVED that _____________________________________ be authorized to sign and submit the bid or proposal of this corporation for this project, and to include in such bid or proposal the certificate as to non-collusion as the act and deed of such corporation, and for any inaccuracies or misstatements in such certificate this corporate bidder shall be liable under the penalties of perjury.

The foregoing is a true and correct copy of the resolution adopted by ____________________________ at a meeting of its Board of Directors held on the _______ day of ______________________, 2025.

SEAL OF CORPORATION

Secretary

RESOLUTION OF AUTHORIZATION IF BIDDER IS A

LIMITED LIABILITY COMPANY:

RESOLVED that _____________________________________ be authorized to sign and submit the bid or proposal of this limited liability company for this project, and to include in such bid or proposal the certificate as to non-collusion as the act and deed of such limited liability company, and for any inaccuracies or misstatements in such certificate this limited liability company bidder shall be liable under the penalties of perjury.

The foregoing is a true and correct copy of the resolution adopted by the managers or members of the limited liability company in accordance with its Operating Agreement the ____ day of ________, 2025.

Member/Manager

Member/Manager

Subscribed and sworn to before me this ____ day of ____________, 2025.

CONTRACT

Tiverton Public Library and Town of Tiverton

TIVERTON PUBLIC LIBRARY “LEARNING LANDSCAPE PHASE I”

This agreement, made this ________________day of______________, 2025, by and between the Tiverton Public Library and Town of Tiverton, 34 Roosevelt Ave., Tiverton, RI 02878 acting by and through the Tiverton Public Library and Town of Tiverton under the laws of the State of Rhode Island, hereinafter called the Owner, and _____________________________ with an address at _____________________________________________________________ hereinafter called the Contractor.

WITNESSETH: That the Owner and the Contractor, for the considerations hereinafter named, agree as follows:

1. Scope of Work - The Contractor shall furnish all of the equipment, labor and materials and perform all of the work shown on the portion of plans and described in the specifications for “TIVERTON PUBLIC LIBRARY LEARNING LANDSCAPE PHASE I” prepared by the Owner, all in accordance with the terms of the Contract Documents.

2. Time of Completion - Work shall commence within ten (10) days of the signing of this contract.

The work to be done under this contract shall be completed within thirty (30) consecutive calendar days from commencement of the work. In default of not completing the work within said thirty (30) days, the Contractor shall be liable for liquidated damages in the amount of Five Hundred dollars ($500.00) per calendar day of delinquency.

3. Payments - The Owner shall make partial payments on account of the contract, if applicable, in accordance with the provisions of the Contract Documents.

4. Contract Documents - The Advertisement, Information for Bidders, Proposal, Form of Contract, General Conditions, Special Conditions, Special Specifications, Plans, Addenda and Change Orders from the Contract Documents, are deemed to be a part of this contract.

IN WITNESS WHEREOF the respective parties hereto have hereunto set their hands and seals the day and year first written above.

AND TOWN OF TIVERTON

By:________________________ Name: Catherine Damiani Title: Library Director

Signed, Sealed, and Delivered in the presence of:

Contractor

By:________________________

Name: _____________________ Title: ______________________

Signed, Sealed, and Delivered in the presence of:

STATE OF RHODE ISLAND )

COUNTY OF NEWPORT ) ss.:

On the _____ day of ___________, in the year 2025, before me, the undersigned, a Notary Public in and for said State, personally appeared _____________________, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument.

____________________ Notary Public

STATE OF RHODE ISLAND )

COUNTY…