TPWellCleaning-Specs-Sep2024.pdf

Resilient Civil Engineering P.O. Box 659

Marlborough, Massachusetts 01752

DOCUMENTS AND SPECIFICATIONS

FOR

CONTRACT No. 2024-02

TRACKLE POND WELL CLEANING AND PUMP REPLACEMENT

Town of Kingston Kingston, Massachusetts

SEPTEMBER 2024

JN: 3005-10-2

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DOCUMENTS AND SPECIFICATIONS

FOR

CONTRACT NO. 2024.02

TRACKLE POND WELL CLEANING AND PUMP REPLACEMENT

Town of Kingston Kin gston, Massachusetts

Resilient Civil Engineering P.O. Box 659

Marlborough, Massachusetts 017 52

September 2024

J.N.3005-10-2

ResilientCE Table of Contents Kingston – Trackle Pond Well Cleaning and Pump Replacement Document 00003-1

TABLE OF CONTENTS

NUMBER

DOCUMENTS OF PAGES

00003 Table of Contents

BIDDING REQUIREMENTS, CONTRACT FORMS AND CONDITIONS OF THE

CONTRACT

00020 Invitation to Bid 00100 Instructions to Bidders 00300 Form for General Bid 00375 Affidavit, Payment of Massachusetts Taxes C-430 Bid Bond (Penal Sum Form) 00440 Notice of Award C-451 Qualifications Statement including Schedules A, B and C 00500 Agreement C-610 Performance Bond C-615 Payment Bond C-625 Certificate of Substantial Completion 00650 Notice to Proceed 00700 Standard General Conditions of the Construction Contract 00800 Supplementary Conditions 00820 Change Order Form 00950 Waiver of Liens 00960 Certificate of Final Payment and Completion of Work Attachment A – Prevailing Wage Rates Attachment B – Figures Attachment C – Well Profile, Pump Information and Performance Test

TECHNICAL SPECIFICATIONS

DIVISION 1 - GENERAL REQUIREMENTS

Section 01010 Summary of Work Section 01025 Measurement and Payment Section 01046 Control of Work Section 01080 Definitions Section 01110 Protection of Environment Section 01200 Project Meetings Section 01250 Substitution Procedures Section 01300 Submittals Section 01310 Construction Progress Schedule

ResilientCE Table of Contents Kingston – Trackle Pond Well Cleaning and Pump Replacement Document 00003-2

TABLE OF CONTENTS

NUMBER

DOCUMENTS OF PAGES

Section 01500 Temporary Facilities Section 01610 Delivery, Storage and Handling

DIVISION 2 - SITE WORK

Section 02660 Cleaning Gravel Packed Well

DIVISIONS 3 - 8 – NOT USED

DIVISION 9 - PAINTING

Section 09941 Field Painting

DIVISIONS 10 – NOT USED

DIVISION 11 - EQUIPMENT

Section 11213 Deep Well Turbine Pumps

DIVISIONS 12 - 16 – NOT USED

NOTE: Bidders shall check the attached documents with the above list before submitting a Bid.

END OF TABLE OF CONTENTS

ResilientCE Invitation to Bid Kingston – Trackle Pond Well Cleaning and Pump Replacement Section No. 00020-1

DOCUMENT 00020

INVITATION TO BID

TOWN OF KINGSTON, MA

CONTRACT NO. 2024-02

TRACKLE POND WELL CLEANING AND PUMP REPLACEMENT

The Town of Kingston, Massachusetts will receive sealed Bids for Contract No. 2024-02, Trackle Pond Well Cleaning and Pump Replacement, until 1:00 p.m. local time on Thursday, September 19, 2024, at the Office of the Town Administrator/Chief Procurement Officer, Town House, 26 Evergreen Street, Kingston, MA 02364 at which time and place said Bids will be publicly opened and read aloud. Sealed envelopes containing bids must be clearly marked “Sealed Bid – Trackle Pond Well Cleaning and Pump Replacement.”

The Work consists of removal, inspection and replacement of the well pump; inspecting and videoing the well; cleaning and redevelopment of the well; and pump testing. This well is a 96 feet deep, 24-inch by 48-inch gravel packed well with design pumping rate of 1,000 gpm.

Each Bid shall be accompanied by a bid security in the form of a certified treasurer’s or cashier’s check, bid bond, or cash in the amount of five percent (5%) of the value of the Bid made payable to the Town of Kingston, MA.

Bid Forms and Contract Documents are available online at www.biddocs.com beginning September 4, 2024. Select Bid Listing then select this project. Next Register as an ePlan Holder at no cost to get an electronic copy of the documents. Bid Forms and Contract Documents may be viewed electronically and downloaded at no cost. Hard copies may be purchased at Nashoba Blue, Inc., 433 Main Street, Hudson, MA 01749 (Tel: 978-568-1167). The Contract Documents may be examined during business hours at Nashoba Blue, Inc. at 433 Main Street, Hudson, MA 01749 (telephone: 978-568-1167). Addenda, if issued, will be sent to registered plan holders by electronic mail (email). It is the sole responsibility of the Bidder to ascertain the existence of any and all Addenda and to review all Addenda prior to the bid opening. Hard copies of Addenda will not be mailed or faxed.

Successful bidder must furnish separate one hundred percent (100%) Construction Performance Bond and one hundred percent (100%) Construction Payment Bond with a Surety company acceptable to the Owner.

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

This Contract is being bid under the provisions of Massachusetts General Laws Chapter 30, Section 39M.

Complete instructions for filing Bids are included in the Instructions to Bidders.

The Owner reserves the right to reject any or all general bids if it is in the public interest to do so.

Town of Kingston, MA

END OF DOCUMENT

ResilientCE Instructions to Bidders Kingston – Trackle Pond Well Cleaning and Pump Replacement Document 00100-1

DOCUMENT 00100

INSTRUCTIONS TO BIDDERS

1. Receipt and Opening of Bids

2. Deposit on Drawings and Documents

3. Bidders Eligibility

4. Information not Guaranteed

5. Borings

6. Easements

7. Other Contracts

8. Bidders to Investigate

9. Questions Regarding Drawings and Documents

10. Blank Form for Bid

11. Bid Security

12. Withdrawal of Bids

13. Right to Reject Bids

14. Comparison of Bids

15. Contract Bonds

16. Execution of Agreement

17. Insurance Certificates

18. Massachusetts Sales and Use Tax

19. Wage Rates

20. Manufacturer's Experience

21. Safety and Health Regulations

22. Reduction in Scope of Work

23. Access to Work

24. Change Orders

25. Utility Underground Plant Damage Prevention System

26. Competitive Bidding

27. Guarantee of Work and Services

28. Certificate for Foreign Corporations

1. RECEIPT AND OPENING OF BIDS

1.1 Sealed Bids for the work of this Contract will be received at the time and place indicated in the Invitation to Bid.

1.2 Owner may consider informal any bid not prepared and submitted in accordance with the provisions hereof.

1.3 Bidders are cautioned that it is the responsibility of each individual Bidder to assure that his Bid is in the possession of the responsible official or his designated alternate prior to the stated time and at the place of the Bid Opening. Owner is not responsible for bids delayed by mail and/or delivery services, of any nature.

2. DEPOSIT ON DRAWINGS AND DOCUMENTS

2.1 Bid Forms and Contract Documents are available online at www.biddocs.com Select

Bid Listing then select this project. Next Register as an ePlan Holder at no cost to get an electronic copy of the documents. Bid Forms and Contract Documents will be available at www.biddocs.com (may be viewed electronically and downloaded at no cost).

Kingston – Trackle Pond Well Cleaning and Pump Replacement Document 00100-2

2.2 Bidders may obtain hard copies by purchased at Nashoba Blue, Inc. at 433 Main Street, Hudson, MA 01749 (telephone: 978-568-1167).

2.3 Addenda, if issued, will be posted to the www.biddocs.com website, and shall be accompanied by e-mail notification to every individual or firm on record as having received the Contract Documents. It is the sole responsibility of the Bidder to review all Addenda prior to bid opening at the Owner’s physical location. Hard copies of Addenda will not be mailed or faxed. It shall be the sole responsibility of the Contractor to ascertain the existence of any and all Addenda.

2.4 Contract Documents may be examined during business hours at Nashoba Blue, Inc. at 433 Main Street, Hudson, MA 01749 (telephone: 978-568-1167).

3. BIDDERS ELIGIBILITY

3.1 No award will be made to any Bidder who cannot satisfy Owner that he has sufficient ability and experience in this class of work and sufficient capital and plant to enable him to prosecute and complete the Work successfully within the time named. Owner's decision or judgment on these matters shall be final, conclusive, and binding.

3.2 Owner may make such investigations as it deems necessary, and the Bidder shall furnish to Owner, under oath if so required, all such information and data for this purpose as Owner may request.

3.3 Each bid must be accompanied by Document C-451, Qualifications Statement, provided in the Contract Documents, duly executed and acknowledged by the Bidder.

4. INFORMATION NOT GUARANTEED

4.1 All information given on the Drawings or in the other Contract Documents relating to subsurface and other conditions, natural phenomena, existing pipes, and other structures is from the best sources at present available to Owner. All such information is furnished only for the information and convenience of Bidders and is not guaranteed.

4.2 It is agreed and understood that Owner does not warrant or guarantee that the subsurface or other conditions, natural phenomena, existing pipes, or other structures encountered during construction will be the same as those indicated on the Drawings or in the other Contract Documents.

4.3 It is agreed further and understood that no Bidder or contractor shall use or be entitled to use any of the information made available to him or obtained in any examination made by him in any manner as a basis of or ground for any claim or demand against Owner or Engineer, arising from or by reason of any variance which may exist between the information made available and the actual subsurface or other conditions, natural phenomena, existing pipes or other structures actually encountered during the construction Work, except as may otherwise be expressly provided for in the Contract Documents.

5. BORINGS (Not Applicable).

6. EASEMENTS (Not Applicable).

7. OTHER CONTRACTS (Not Applicable).

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8. BIDDERS TO INVESTIGATE

8.1 Bidders must satisfy themselves by personal examination of the Project Site of the Work and by such other means as they may wish, as to the actual conditions there existing, the character and requirements of the Work, the difficulties attendant upon its execution, and the accuracy of all estimated quantities stated in the Bid.

9. QUESTIONS REGARDING DRAWINGS AND DOCUMENTS

9.1 In general, no answer will be given to prospective Bidders in reply to an oral question if the question involves an interpretation of the intent or meaning of the Drawings or other Contract Documents, or the equality or use of products or methods other than those designated or described on the Drawings or in the Specifications. Any information given to Bidders other than by means of the Drawings and other Contract Documents, including Addenda, as described below, is given informally, for information and the convenience of Bidder only and is not guaranteed. Bidder agrees that such information shall not be used as the basis of, nor shall the giving of any such information entitle Bidder to assert any claim or demand against Owner or Engineer on account thereof.

9.2 To receive consideration, such questions shall be submitted in writing to Engineer at least five (5) business days before the established date for receipt of bids. If the question involves the equality or use of products or methods, it must be accompanied by drawings, specifications, or other data in sufficient detail to enable Engineer to determine the equality or suitability of the product or method. In general, Engineer will neither approve nor disapprove particular products prior to the opening of bids; such products will be considered when offered by Contractor for incorporation into the Work.

9.3 Engineer will set forth as Addenda, which shall become a part of the Contract Documents, such questions received as above provided as in his sole judgment are appropriate or necessary and his decision regarding each. At least two (2) business days prior to the receipt of Bids, Addenda, if issued, will be emailed to every individual or firm that has Registered as a Plan Holder.

9.4 Contractor agrees to use the products and methods designated or described in the Specifications as amended by the Addenda.

9.5 Questions shall be submitted in writing to kberger@resilientce.com.

10. BLANK FORM FOR BID

10.1 All bids must be upon the blank Form for General Bid annexed hereto, state the proposed price of each item of the Work, both in words and in figures, and be signed by the Bidder with his business address, business telephone number and business email address.

11. BID SECURITY

11.1 Each bid must be accompanied by a certified check on, or a treasurer's or cashier's check issued by, a responsible bank or trust company and payable to the order of Owner or by a bid bond prepared on the form of Bid Bond (see Document C-430) attached hereto duly executed and acknowledged by the Bidder, as Principal, and by a Surety company qualified to do business in the Commonwealth of Massachusetts and satisfactory to Owner, as Surety. The check or bid bond shall be in the sum of five percent (5%) of the Bid and shall be enclosed in a sealed envelope with the Bid.

mailto:kberger@resilientce.com

Kingston – Trackle Pond Well Cleaning and Pump Replacement Document 00100-4

11.2 Each such check or bid bond may be held by Owner as security for the fulfillment of Bidder's agreements as hereinabove set forth and as set forth in the bid. Should the Bidder fail to fulfill such agreements his bid check shall become the property of Owner or if a bid bond was furnished the bid bond shall become payable to Owner, as liquidated damages; otherwise, the bid check shall be returned to the Bidder as hereinafter provided, or if the security is a bid bond, the bid bond shall become null and void.

11.3 Bid checks will be returned to all except the three (3) lowest Bidders within five (5) days, Sundays and legal holidays excluded, after the opening of bids, and to the three (3) lowest Bidders within five (5) days, Sundays and legal holidays excluded, after Owner and the accepted Bidder have executed the Agreement. In the event that the Agreement has not been executed by both the accepted Bidder and Owner within 30 consecutive days after the opening of Bids, the bid check will be returned promptly upon demand of any Bidder who has not been notified of the acceptance of his Bid.

11.4 Bid checks accompanying bids which are rejected will be returned within five (5) days, Sundays and legal holidays excluded, after rejection.

11.5 None of the three (3) lowest bids shall be deemed rejected, notwithstanding acceptance of any bid, until the Agreement has been executed by both Owner and the accepted Bidder.

12. WITHDRAWAL OF BIDS

12.1 Except as hereinafter in this subsection or otherwise expressly provided, once his Bid is submitted and received by Owner for consideration and comparison with other bids similarly submitted, the Bidder agrees that he may not and will not withdraw it within 60-calendar days, Saturdays, Sundays and legal holidays excluded, after the actual date of the Bid opening.

12.2 Upon proper written request and identification, bids may be withdrawn only at any time prior to the designated time for the opening of bids provided the bid has not therefore been accepted by Owner, at any time subsequent to the expiration of the period during which the Bidder has agreed not to withdraw his Bid.

12.3 Unless a bid is withdrawn as provided above, the Bidder agrees that it shall be deemed open for acceptance until the Agreement has been executed by both parties thereto or until Owner notifies a Bidder in writing that his Bid is rejected or that Owner does not intend to accept it or returns his Bid deposit. Notice of acceptance of a bid shall not constitute rejection of any other bid.

13. RIGHT TO REJECT BIDS

13.1 Owner (Awarding Authority) reserves the right to reject any or all bids should Owner deem it to be in the public interest to do so.

13.2 If the Project is bid under the provisions of MGL c149 s44A through J Owner reserves the right to reject any subbid on any subtrade, if it is determined that such subbid does not represent the subbid of a person competent to perform the Work specified, or that less than three (3) such subbids were received and the prices are not reasonable for acceptance without further competition.

13.3 Owner must, by law, reject every bid which is not accompanied by the required bid deposit, or which does not otherwise conform to Sections 44A to 44H, inclusive, of

Kingston – Trackle Pond Well Cleaning and Pump Replacement Document 00100-5

Chapter 149 or Section 39M of Chapter 30 of the General Laws of Massachusetts (as applicable), or which is on a form not completely filled in, which is incomplete, conditional, obscure, or which contains any addition not called for.

14. COMPARISON OF BIDS

14.1 Owner agrees to examine and consider each bid submitted in consideration of the

Bidder's agreements, as hereinabove set forth and as set forth in the bid.

14.2 In the event that there is a discrepancy in the bid between the price written in words and figures, the price written in words shall govern.

14.3 Bids will be compared on the basis of the quantities and unit and lump-sum prices stated in the bid. The Contract will be awarded to the lowest eligible and responsible bidder on the basis of competitive bids in accordance with the procedure set forth in MGL c149 s44A through J or MGL c30 s39M as applicable.

15. CONTRACT BONDS

15.1 Bidder whose Bid is accepted agrees to furnish the Contract Bonds in the forms included as Document C-610 Performance Bond and Document C-615 Payment Bond, each in the sum of the full amount of the Contract and duly executed by the said Bidder as Principal and by a Surety company qualified to do business under the laws of the Commonwealth of Massachusetts and satisfactory to Owner, as Surety, for the faithful performance of the Contract and payment for labor and materials. The premiums for such Bonds shall be paid by Contractor.

16. EXECUTION OF AGREEMENT

16.1 Bidder to whom the Contract is awarded shall comply with the provision of Chapter 30, Section 39R of the General Laws of Massachusetts; and as provided therein shall, prior to execution of the Contract, file a statement of management on internal accounting controls and an audited financial statement for the most recent completed fiscal year.

16.2 Bidder to whom the Contract is awarded will be required and agrees to duly execute the Agreement and furnish the required Contract Bonds within the time limit stated in the bid after notification that the Agreement is ready for signature.

17. INSURANCE CERTIFICATES

17.1 Contractor will not be permitted to start any construction Work until he has submitted certificates covering all insurances called for under DOCUMENT 00800, SUPPLEMENTARY CONDITION, ARTICLE 6, BONDS AND INSURANCE.

18. MASSACHUSETTS SALES AND USE TAX

18.1 Materials and equipment purchased for permanent installation in this Project will be exempt from the Massachusetts Sales and Use Tax. The exemption certificate number will be furnished to Contractor. Each Bidder shall take this exemption into account in calculating his Bid for the Work.

19. WAGE RATES

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

Development under the provision of the Massachusetts General Laws, Chapter 149, Sections 26 to 27D, as amended, apply to this Project. It is the responsibility of Contractor, before bid opening, to request, if necessary, any additional information on

Kingston – Trackle Pond Well Cleaning and Pump Replacement Document 00100-6

Minimum Wage Rates for those trades people who may be employed for the proposed work under this Contract. Prevailing wage rates are included in Attachment C of the Contract Documents.

20. MANUFACTURER'S EXPERIENCE

20.1 Wherever it is written that an equipment manufacturer must have a specified period of experience with his product, equipment which does not meet the specified experience period can be considered if the equipment supplier or manufacturer is willing to provide a bond or cash deposit for the duration of the specified time period which will guarantee replacement of that equipment in the event of failure. Such bond shall be an Efficiency Bond executed on a form to be approved by Owner.

21. SAFETY AND HEALTH REGULATIONS

21.1 This Project is subject to the Safety and Health regulations of the U.S. Department of

Labor set forth in 29 CFR, Part 1926, and to the Massachusetts Department of Labor and Industries, Division of Industrial Safety "Rules and Regulations for the Prevention of Accidents in Construction Operations (Chapter 454 CMR 10.00 et seq.) Contractors shall be familiar with the requirements of these regulations.

21.2 The Successful Bidder shall comply with the Department of Labor Safety and Health Regulations for Construction promulgated under the Occupational Safety and Health Act of 1970 (PL-91-596) and under Section 107 of the Contract Wok Hours and Safety Standards Act (PL-91-54).

21.3 The Successful Bidder shall have a competent person or persons, as required under the Occupational Safety and Health Act on the Project Site to inspect the Work and to supervise the conformance of the Work with the regulations of the Act.

22. REDUCTION IN SCOPE OF WORK

22.1 Owner reserves the right to decrease the scope of the Work to be done under this

Contract and to omit any Work in order to bring the cost within available funds. To this end, Owner reserves the right to reduce the quantity of any items or omit all of any items as set forth in the Bid, either prior to executing the Contract or at any time during the progress of the Work. Owner further reserves the right, at any time during the progress of the Work, to restore all or part of any items previously omitted or reduced. Exercise by Owner of the above rights shall not constitute any ground or basis of claim for damages or for anticipated profits on the Work omitted.

23. ACCESS TO WORK

23.1 Representative of the Commonwealth and any local agencies having a direct interest in the Work shall have access to the Work under this Contract wherever it is in preparation or progress and which requires Contractor to provide proper facilities for such access and inspection.

24. CHANGE ORDERS

24.1 Change Orders will be as stated in Article 11 of the Standard General Conditions of the

Construction Contract as modified in DOCUMENT 00800, SUPPLEMENTARY

CONDITIONS.

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25. UTILITY UNDERGROUND PLANT DAMAGE PREVENTION SYSTEM

25.1 All excavations within public or private ways are subject to the requirements of

Massachusetts General Law, Chapter 82, Section 40.

26. COMPETITIVE BIDDING

26.1 Applicable provisions of Massachusetts General Laws and Regulations and/or the United States Code and Code of Federal Regulations govern this Contract and any provision in violation of the foregoing shall be deemed null, void and of no effect.

Where conflict between Code of Federal Regulations and State Laws and Regulations exist, the more stringent requirement shall apply.

26.2 The bidding and award of the Contract and Subcontracts (if applicable) shall be in full compliance with Chapter 149, Section 44A to 44J inclusive or Chapter 30, Section 39M of the General Laws of the Commonwealth of Massachusetts as last revised (as applicable). Bids from General Contractors shall be for the complete Project as specified and shall include the names of all Subcontractors designated in the Bid Form, and the General Contractor shall be selected on the basis of such Bid.

26.3 Successful Bidder shall certify that all employees to be employed at the Project Site will have successfully completed a course in construction safety and health approved by the United States Occupational Safety and health Administration that is a 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.

27. GUARANTEE OF WORK AND SERVICES

27.1 Contractor guarantees that the Work and services to be performed under the Contract, and all workmanship, materials and equipment performed, furnished, used or installed in the construction of the same shall be free from defects and flaws, and shall be performed and furnished in strict accordance with the Drawings, Specifications, and other Contract Documents, that the strength of all parts of all manufactured equipment shall be adequate and as specified and that the strength of all parts of all manufactured equipment shall be adequate and as specified and that the performance test requirements of the Contract shall be fulfilled. This guarantee shall be for a period of one (1) year from and after the date of substantial completion and acceptance of the Work as stated in the final estimate. If part of the Work is accepted in accordance with that subsection of the General Conditions titled “Partial Utilization”, the guarantee for that part of the Work shall be for a period of one (1) year from the date fixed for such acceptance.

27.2 If at any time within the said period of guarantee any part of the Work requires repairing, correction or replacement, Owner may notify Contractor in writing to make the required repairs, correction, or replacements. If Contractor neglects to commence making such repairs, corrections or replacements to the satisfaction of Owner within seven (7) days from the date of receipt of such notice or having commenced fails to prosecute such Work with diligence, Owner may employ other persons to make said repairs, correction or replacements, and charge the costs, including compensation for additional professional services, to Contractor.

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28. CERTIFICATE FOR FOREIGN CORPORATIONS

28.1 Bidder whose Bid is accepted shall be required to submit, prior to award of the Contract, a Certificate of Good Standing from the Executive Office for Administration and Finance under whose laws the corporation is duly organized. If the Bidder whose Bid is accepted is a foreign (outside of the Commonwealth of Massachusetts) corporation, he shall also be required to submit, prior to award of the Contract, a certificate issued by the Executive Office for Administration and Finance duly authorizing the corporation to transact business in the Commonwealth of Massachusetts. Form is to be submitted after bid period and prior to award of Contract.

END OF SECTION

ResilientCE Form for General Bid Kingston – Trackle Pond Well Cleaning and Pump Replacement Document 00300-1

DOCUMENT 00300

FORM FOR GENERAL BID

Proposal of:____________________________________________________________________, (hereinafter called "Bidder"), organized and existing under the laws of the State of doing business as (a corporation, or a partnership, or an individual), with its principal place of business at .

To: Office of the Town Administrator/Chief Procurement Officer, Town House, 26 Evergreen Street, Kingston, MA 02364 (Awarding Authority).

In compliance with DOCUMENT 00020, INVITATION TO BID, Bidder proposes to furnish all labor, provide all materials and perform all Work required for the construction of Contract No. 2024-02, Trackle Pond Well Cleaning and Pump Replacement in strict accordance with the Contract Documents, within the time set forth therein and for the Contract Price stated below, in accordance with the provisions of M.G.L., c30, §39M.

The time period for holding Bids is 60 days, Saturdays, Sundays and legal holidays excluded, after the opening of Bids.

Bidder hereby agrees to commence Work under this Contract within 10 consecutive calendar days after a date to be specified in DOCUMENT 00650, NOTICE TO PROCEED and fully complete the Project within 45 consecutive calendar days thereafter, unless the time for completion is extended otherwise by the Contract Documents. Work performed beyond this Contract time period (Completion) shall be subject to liquidated damages. Bidder further agrees to pay liquidated damages as provided in Article 15 of DOCUMENT 00700, GENERAL CONDITIONS and Article 3 of the Agreement.

No Bidder may withdraw its Bid within 60-calendar days, Saturdays, Sundays and legal holidays excluded, after the actual date of the Bid opening.

Bidder acknowledges receipt of Addenda No. _____ through _____.

Bidder agrees that, if selected as Contractor, it will within ten (10) days, Saturdays, Sundays and legal holidays excluded, after written notification thereof by the Awarding Authority of a contract award and presentation thereof for signature, execute a Contract in accordance with the terms of this Bid and furnish a performance bond and also a labor and materials or payment bond, each of a Surety company qualified to do business under the laws of the Commonwealth of Massachusetts and satisfactory to the Awarding Authority and each in the sum of one hundred percent (100%) of the Contract Price, the premiums for which are to be paid by the Contractor and are included in the Contract Price; provided, however, that if there is more than one (1) Surety company, the Surety companies shall be jointly and severally liable.

Should the undersigned fail to fulfill any of the obligations as hereinbefore set forth, the Owner shall have the right to retain as liquidated damages the amount of the bid security, which shall become the Owner’s property, and the Surety shall be notified as provided in the Bid Bond.

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SCHEDULE OF BID ITEMS

TRACKLE POND WELL CLEANING AND PUMP REPLACEMENT

CONTRACT NO. 2024-02

Bidder agrees to perform all Work, including all incidental labor, materials and equipment necessary for the satisfactory completion of the Work and in full compliance with the contents and intent of the Contract Documents of the Work, for the following prices listed below.

All prices, except item totals, shall be stated in both words and figures. In the event of a discrepancy between the price in words and the price in figures, the words shall govern. In the event of a discrepancy between the total of the Items and the total stated, the total of the Items shall govern.

Interlineations, alteration or erasure may void the Bid. All prices shall be typewritten or written by hand in ink.

Refer to SECTION 01025, MEASUREMENT AND PAYMENT for a description of work included in the Bid Items.

BID

Item Description Quantity Extended Total

1. For mobilization, demobilization and completion of the project including all work not covered by another Bid Item, as specified, the lump sum of

Dollars ($ ) lump sum

2. For cleaning and re-developing gravel packed well, as specified, the lump sum of

Dollars ($ ) lump sum

3. For additional hours for cleaning and redevelopment of well, as specified, the sum of

Dollars ($ ) per hour

4a. For additional well cleaning chemicals (Acid), as specified, the sum of

Dollars ($ ) per gallon

4b. For additional well cleaning chemicals (Chlorine), as specified, the sum of

Dollars ($ ) per gallon

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Item

Description

Quantity

Extended Total

5. For video inspections of well, as specified, the sum of

Dollars ($ ) per lump sum

6. For furnishing and installing new well pump, as specified, the sum of

Dollars ($ ) per lump sum

TOTAL AMOUNT OF BID (BASIS OF AWARD)

BASED ON ENGINEER'S ESTIMATE OF QUANTITIES (Items 1 through 6, inclusive)

Dollars ($ )

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

Bidder further certifies under penalty of perjury that the said undersigned is not presently debarred from doing public construction work in the Commonwealth of Massachusetts under the provisions of M.G.L.c.29, s29F, or any other applicable debarment provisions of any other chapter of the General Laws or any rule or regulation promulgated thereunder.

Bidder also certifies that it has visited the Project Site, received and reviewed the Drawings and Project Manual (Bidding Documents, Conditions and Technical Specifications) September 2024, and titled, Contract No. 2024-02, Trackle Pond Well Cleaning and Pump Replacement.

Bidder hereby certifies, in accordance with M.G.L. c. 30, §39M(c), as amended, and any other state and federal labor standards and regulations, that it is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed on the Work; that all employees to be employed at the Project Site will have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health Administration (OSHA) that is at least ten (10) hours in duration at the time the employee begins work and who shall furnish documentation of successful completion of said course with the first certified payroll report for each employee; and that he will comply fully with all laws and regulations applicable to awards made subject to M.G.L. c. 149, §44A.

The successful Bidder agrees that, within the time period for holding bids and prior to the execution of Document 00500, Agreement, the Bidder shall submit for review by Owner documentation to establish a “direct labor mark-up” for change orders which may be executed.

This Bid must bear the written signature of Bidder or an authorized agent of Bidder. If Bidder is a corporation or a partnership, the Bid must be signed by a duly authorized officer of such corporation or by a partner and the title of such officer must be stated.

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Bidder pursuant to M.G.L.c.62C, s49A certifies under the penalties of perjury that it, to its best knowledge and belief, complied with all laws of the Commonwealth relating to taxes, reporting of employees and contractors and withholding and remitting of child support.

Documents to be submitted with the Bid:

1. 00375 Affidavit.

2. C-430 Bid Bond (Penal Sum Form).

3. C-451 Qualifications Statement.

Respectfully submitted:

By

Signature and Title of Person Authorized to Sign Bid

Name of Bidder Date

Business Street Address

Town/City, State and Zip Code

Business Telephone Number

Business Email Address

(SEAL - If bid is by a corporation) Attest:

The proposed surety company on the bond to be given as follows:

Name:

Address of Home Office:

Massachusetts Address:

Kingston – Trackle Pond Well Cleaning and Pump Replacement Document 00300-5

At a duly authorized meeting of the Board of of the held on

Name of Corporation Date at which all the Directors were present or waived notice, it was Voted, that

Name Officer of this company, be and be hereby is authorized to execute contracts and bonds in the name and behalf of said company, and affix its corporate seal thereto; and such execution of any contract or obligation in this company's name on its behalf by such

Officer under seal of the company, shall be valid and binding upon this company.

A true copy, Attest:

Place of Business:

Date of this contract:

I hereby certify that I am the clerk of the that is the duly elected of said company, and that the above vote has not been amended or rescinded and remains in full force and effect as of the date of this Contract.

Corporate Seal

Kingston – Trackle Pond Well Cleaning and Pump Replacement Document 00300-6

CERTIFICATE OF NON-COLLUSION

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 work “person” shall mean any natural person, business, partnership, corporation, union, committee, club, or other organization, entity, or group of individuals.

(Name of person signing bid or proposal)

(Name of business)

END OF SECTION

ResilientCE Affidavit Kingston – Trackle Pond Well Cleaning and Pump Replacement Document 00375-1

DOCUMENT 00375

AFFIDAVIT

REVENUE ENFORCEMENT AND

PROTECTION ACT REQUIREMENTS

PAYMENT OF MASSACHUSETTS TAXES

Prior to being awarded a Contract for the subject Project, Bidder shall furnish Owner a certificate of compliance in the following form.

I, ________________________________________________________________________, representing ________________________________________________________________, (Legal Name of Bidder) do hereby state that all laws of the Commonwealth of Massachusetts relative to taxation have been complied with. This statement is in compliance with Chapter 62C, Section 49A(b) as added by Chapter 233, Section 36 of the Acts of 1983, and made under the penalties of perjury this _____________________ day of _________________________________, 2024.

By: ___________________________________ (Signature)

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

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

C-430 BID BOND (PENAL SUM FORM)

Bidder Surety

Name: Name:

Address (principal place of business): Address (principal place of business):

Owner Bid

Name: Town of Kingston Project (name and location):

Address (principal place of business): CONTRACT NO. 2024-02

TRACKLE POND WELL CLEANING AND PUMP

REPLACEMENT

26 Evergreen Street, Kingston, MA 02364

Bid Due Date:

Bond

Penal Sum:

Date of Bond:

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

Bidder Surety

(Full formal name of Bidder) (Full formal name of Surety) (corporate seal)

By: By:

(Signature) (Signature) (Attach Power of Attorney)

Name: Name:

(Printed or typed) (Printed or typed)

Title: Title:

Attest: Attest:

(Signature) (Signature) Name: Name:

(Printed or typed) (Printed or typed)

Title: Title:

Notes: (1) Note: Addresses are to be used for giving any required notice. (2) Provide execution by any additional parties, such as joint venturers, if necessary.

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

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond.

Payment of the penal sum is the extent of Bidder’s and Surety’s liability. Recovery of such penal sum under the terms of this Bond will be Owner’s sole and exclusive remedy upon default of Bidder.

2. Default of Bidder occurs upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents.

3. This obligation will be null and void if:

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

3.2. All Bids are rejected by Owner, or

3.3. Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof).

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

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

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

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

8. Notices required hereunder must be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Postal Service registered or certified mail, return receipt requested, postage pre-paid, and will be deemed to be effective upon receipt by the party concerned.

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

10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond will be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute governs and the remainder of this Bond that is not in conflict therewith continues in full force and effect.

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

ResilientCE Notice of Award Kingston – Trackle Pond Well Cleaning and Pump Replacement Section No. 00440-1

DOCUMENT 00440

NOTICE OF AWARD

To:

Project Description: Contract No. 2024-02, Trackle Pond Well Cleaning and Pump Replacement, Town of Kingston, Massachusetts.

Owner has considered the Bid submitted by you for the above described Work in response to its DOCUMENT 00020, INVITATION TO BID dated and DOCUMENT 00100, INSTRUCTIONS TO BIDDERS. You are hereby notified that your Bid has been accepted in the amount of $ .

You are required by DOCUMENT 00100, INSTRUCTIONS TO BIDDERS to execute DOCUMENT 00500, AGREEMENT and furnish the required Contractor’s Performance Bond, Payment Bond and Certificates of Insurance within 10 calendar days from the date of this Notice of Award. If you fail to execute said Agreement and to furnish said Bonds within 10 days from the date of this Notice of Award, said Owner will be entitled to consider all your rights arising out of Owner’s acceptance of your Bid as abandoned and as a forfeiture of your Bid Bond. Owner will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award to Owner, dated this day of , 2024.

OWNER (Awarding Authority) Town of Kingston, Massachusetts By its Board of Water Commissioners

Chief Procurement Officer

Acceptance of Notice:

Receipt of the above Notice of Award is hereby acknowledged by this day of , 2024

By:

(Authorized Signature)

Print Name:

Title:

EJCDC C-451, Qualifications Statement.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

C-451, QUALIFICATIONS STATEMENT

ARTICLE 1—GENERAL INFORMATION

1.01 Provide contact information for the Business:

Legal Name of Business:

Corporate Office

Name: Phone number:

Title: Email address:

Business address of corporate office:

Local Office

Name: Phone number:

Title: Email address:

Business address of local office:

1.02 Provide information on the Business’s organizational structure:

Form of Business: ☐ Sole Proprietorship ☐ Partnership ☐ Corporation

☐ Limited Liability Company ☐ Joint Venture comprised of the following companies:

1.

2.

3.

Provide a separate Qualification Statement for each Joint Venturer.

Date Business was formed: State in which Business was formed:

Is this Business authorized to operate in the Project location? ☐ Yes ☐ No ☐ Pending

1.03 Identify all businesses that own Business in whole or in part (25% or greater), or that are wholly or partly (25% or greater) owned by Business:

Name of business: Affiliation:

Address:

Name of business: Affiliation:

Address:

Name of business:

Affiliation:

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

1.04 Provide information regarding the Business’s officers, partners, and limits of authority.

Name: Title:

Authorized to sign contracts: ☐ Yes ☐ No Limit of Authority: $

Name: Title:

Authorized to sign contracts: ☐ Yes ☐ No Limit of Authority: $

Name: Title:

Authorized to sign contracts: ☐ Yes ☐ No Limit of Authority: $

Name: Title:

ARTICLE 2—LICENSING

2.01 Provide information regarding licensure for Business:

Name of License:

Licensing Agency:

License No: Expiration Date:

Name of License:

Licensing Agency:

License No: Expiration Date:

ARTICLE 3—DIVERSE BUSINESS CERTIFICATIONS

3.01 Provide information regarding Business’s Diverse Business Certification, if any. Provide evidence of current certification.

Certification Certifying Agency Certification Date

☐ Disadvantaged Business Enterprise

☐ Minority Business Enterprise

☐ Woman-Owned Business Enterprise

☐ Small Business Enterprise

☐ Disabled Business Enterprise

☐ Veteran-Owned Business Enterprise

☐ Service-Disabled Veteran-Owned Business ☐ HUBZone Business (Historically Underutilized) Business

☐ Other

☐ None

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

ARTICLE 4—SAFETY

4.01 Provide information regarding Business’s safety organization and safety performance.

Name of Business’s Safety Officer:

Safety Certifications

Certification Name Issuing Agency Expiration

4.02 Provide Worker’s Compensation Insurance Experience Modification Rate (EMR), Total Recordable Frequency Rate (TRFR) for incidents, and Total Number of Recorded Manhours (MH) for the last 3 years and the EMR, TRFR, and MH history for the last 3 years of any proposed Subcontractor(s) that will provide Work valued at 10% or more of the Contract Price. Provide documentation of the EMR history for Business and Subcontractor(s).

Year

Company EMR TRFR MH EMR TRFR MH EMR TRFR MH

ARTICLE 5—FINANCIAL – NOT REQUIRED

ARTICLE 6—SURETY INFORMATION

6.01 Provide information regarding the surety company that will issue required bonds on behalf of the Business, including but not limited to performance and payment bonds.

Surety Name:

Surety is a corporation organized and existing under the laws of the state of:

Is surety authorized to provide surety bonds in the Project location? ☐ Yes ☐ No Is surety listed in “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” published in Department Circular 570 (as amended) by the Bureau of the Fiscal Service, U.S. Department of the Treasury?

☐ Yes ☐ No Mailing Address (principal place of business):

Physical Address

Phone (main): Phone (claims):

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

ARTICLE 7—INSURANCE

7.01 Provide information regarding Business’s insurance company(s), including but not limited to its Commercial General Liability carrier. Provide information for each provider.

Name of insurance provider, and type of policy (CLE, auto, etc.):

Insurance Provider Type of Policy (Coverage Provided)

Are providers licensed or authorized to issue policies in the Project location? ☐ Yes ☐ No Does provider have an A.M. Best Rating of A-VII or better? ☐ Yes ☐ No Mailing Address

Physical Address

Phone (main):

Phone (claims):

ARTICLE 8—CONSTRUCTION EXPERIENCE

8.01 Provide information that will identify the overall size and capacity of the Business.

Average number of current full-time employees:

Estimate of revenue for the current year:

Estimate of revenue for the previous year:

8.02 Provide information regarding the Business’s previous contracting experience.

Years of experience with projects like the proposed project:

As a general contractor: As a joint venturer:

Has Business, or a predecessor in interest, or an affiliate identified in Paragraph 1.03:

Been disqualified as a bidder by any local, state, or federal agency within the last 5 years?

☐ Yes ☐ No Been barred from contracting by any local, state, or federal agency within the last 5 years?

☐ Yes ☐ No Been released from a bid in the past 5 years? ☐ Yes ☐ No

Defaulted on a project or failed to complete any contract awarded to it? ☐ Yes ☐ No Refused to construct or refused to provide materials defined in the contract documents or in a change order? ☐ Yes ☐ No Been a party to any currently pending litigation or arbitration? ☐ Yes ☐ No

Provide full details in a separate attachment if the response to any of these questions is Yes.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

8.03 List all projects currently under contract in Schedule A and provide indicated information.

8.04 List a minimum of…