Wilkinson Replacement Well Specifications.pdf

DOCUMENTS AND SPECIFICATIONS FOR

CONTRACT NO. 19-04

CONSTRUCTION AND TESTING OF

WILKINSON WELL NO. 2

WESTBOROUGH, MASSACHUSETTS

AUGUST, 2019

PREPARED BY:

NORTHEAST GEOSCIENCE, INC.

97 Walnut Street Clinton, Massachusetts 01510 978-365-9045

PREPARED FOR:

DEPARTMENT OF PUBLIC WORKS

131 Oak Street Westborough, Massachusetts 01581 508-366-3070

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CONSTRUCTION AND TESTING OF WILKINSON WELL NO. 2 - WESTBOROUGH,

MASSACHUSETTS

TABLE OF CONTENTS

DOCUMENTS PAGES

00010 Advertisement for Bids 00100 Information for Bidders 00301 Form for General Bid 00305 Contractor Qualifications 00310 Bid Bond 00375 Affidavit – Revenue Enforcement and Protection Act Requirements 00440 Notice of Award 00501 Form for Agreement 00600 Payment Bond 00610 Performance Bond 00650 Notice to Proceed 00700 General Conditions 00800 Supplementary Conditions 00850 Special Conditions In General 00856 Special Conditions - Massachusetts (Payment, Wage Rates, etc.)

00905 Change Order Form 00950 Waiver of Liens

TECHNICAL SPECIFICATIONS

DIVISION 1 - GENERAL REQUIREMENTS

Section 01015 - Special Requirements Section 01025 - Measurement and Payment Section 01047 - Dig Safe Section 01560 - Environmental Protection and Traffic Control

DIVISION 2 - SITE WORK

Section 02050 – Description and Location of The Work Section 02100 – Sequence of Operations and Time for Completion Section 02220 – Gravel Packed Well Construction and Development Section 02570 – 48 Hour Pump Test of the Well

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APPENDIX A

FIGURE 1 Locus Plan FIGURE 2 Site Plan FIGURE 3 Schematic of Proposed Gravel Packed Well at Location TW-4-18 Well Logs

APPENDIX B

Westborough Conservation Commission Order of Conditions No. 332-899 dated June 13, 2019

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

END OF TABLE OF CONTENTS

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DOCUMENT 00010

ADVERTISEMENT FOR BIDS

The Westborough Department of Public Works - Westborough, Massachusetts will receive sealed general bids for Contract No. 180801, Construction and Testing of Wilkinson Well No. 2, until 1:00 P.M. local time, on Friday September 6, 2019 at the Department of Public Works Offices located 131 Oak Street in Westborough, Massachusetts, at which time and place all bids will be publicly opened and read aloud.

A copy of the contract documents for the work may be obtained from the office of Northeast Geoscience Inc., 97 Walnut Street, P.O. Box 655, Clinton, Massachusetts 01510 upon the deposit of $50.00 in cash or check made payable to Northeast Geoscience Inc. The deposit will be refunded if the contract documents are returned in good condition to the issuing office, postpaid if mailed, within thirty days (30) after the opening of bids. Contract documents will be mailed to prospective bidders upon request and receipt of a separate check for $20.00 for regular mail, or $50.00 for overnight mail, made payable to Northeast Geoscience Inc, which will not be refunded. Bidders may also have shipping costs for contract documents billed to their shipping company account (FedEx, UPS, DHL, etc) by calling 978-771-7369.

The contract documents may be examined and obtained during the business hours from 9:00 a.m. to 4:00 p.m. at Northeast Geoscience Inc., 97 Walnut Street, Clinton, Massachusetts 01510. Each bid shall be accompanied by a bid security in the amount of five percent of the bid price and in the form described in the Information of Bidders. Attention of bidders is particularly called to the requirements as to conditions of employment to be observed and minimum wage rates to be paid under the contract. No bidder may withdraw his bid within 30 days, Saturdays, Sundays and legal holidays, excluded, after the actual date of the bid opening. A performance bond and a payment bond each in the amount of 100 percent of the contract price will be required in the form described in the Information for Bidders. The Owner may waive any informalities or minor defects, or reject any or all bids if it is in the best interest of the Town of Westborough to do so.

Carl Balduf – Town Engineer Department of Public Works Westborough, MA

END OF DOCUMENT

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DOCUMENT 00100

INFORMATION FOR BIDDERS

1.00 Project Identification 1.06 Execution of the Agreement

1.01 Receipt of Bids 1.07 Notice to Proceed

1.02 Modifications and Withdrawal of 1.08 Wage Rates

Bids 1.09 Laws and Regulations

1.03 Examination of Contract 1.10 Inspection of the Work

Documents and Site 1.11 Sales Tax

1.04 Addenda and Interpretations 1.12 Guarantees

1.05 Bids, Bonds, and Award of 1.13 Record Keeping

Contract 1.14 Engineer

1.00 PROJECT IDENTIFICATION

A. Owner: Town of Westborough B. Awarding Authority: Department of Public Works C. Mailing Address: 131 Oak Street, Westborough, MA 01581 D. Project Name: Contract No. 19-04 Construction and Testing of Wilkinson Well No. 2

1.01 RECEIPT OF BIDS

A. General Bids for this project will be received by the Awarding Authority from General

Contractors. Receipt of general bids will be at the time and place stated in the Advertisement for Bids. An update of the filed Bidders Qualification Statement and bid security shall accompany the bid. Receipt of general bids will be at the time and place stated in the Advertisement for Bids.

B. The general bid must be submitted in a sealed envelope and addressed to the Awarding

Authority. Each sealed envelope containing a bid must be plainly marked on the outside with the project name, the name of the bidder and his address, and in the case of subbids, the specification section being bid upon. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed to the Awarding Authority at the above address.

C. All general bids must be made on the Bid Documents included in the specifications. All blank spaces for bid prices must be filled in, in ink or typewritten, and the Bid form must be fully completed and executed when submitted. Only one set of the bid documents is required.

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D. Bidders shall not remove and submit the General Bid Documents separate from the volume of Contract Documents, but shall submit their Bids bound with the complete volume of attached Contract Documents.

E. List of required Documents to be completed for General Bid submission:

1. Form for General Bid ....................................................................... Document 00301

2. Contractor Qualifications .................................................................. Document 00305

3. Bid Bond (see Article 1.05, below) ................................................... Document 00310

F. Affidavit - Revenue Enforcement and Protection Act Requirements, Document 00375, must be submitted to the Owner by the General Bidders before the award of the contract.

1.02 MODIFICATIONS AND WITHDRAWAL OF BIDS

A. The Owner may waive any informalities or minor defects or reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall not be considered. No bidder may withdraw a bid, within 30 days, Saturdays, Sundays and legal holidays excluded, after the actual date of the opening of bids. Should there be reasons why the contract cannot be awarded within the specified period; the time may be extended by mutual agreement between Owner and the Bidder.

1.03 EXAMINATION OF CONTRACT DOCUMENTS AND SITE

A. Bidders must satisfy themselves of the accuracy of the estimated quantities in the bid schedule by examination of the site and a review of the drawings and specifications including addenda. After bids have been submitted, the Bidder shall not assert that there was a misunderstanding concerning the quantities of work or of the nature of the work to be done.

B. The contract documents contain the provisions required for the construction of the project.

Information obtained from an officer, agent, or employee of the Owner or any other person shall not affect the risks or obligations assumed by the Contractor or relieve him from fulfilling any of the conditions of the contract.

1.04 ADDENDA AND INTERPRETATIONS

A. All questions by prospective bidders as to the interpretation of the Contract Documents shall be submitted in writing to the Engineer and shall be in their possession at least five (5) days before the date herein set for the receipt of bids. The Engineer will then send written answers via facsimile to Bidders who have taken out the Contract Documents, to the phone number given by them, not less than 48 hours before said date, interpretations of all questions so raised which, in their opinion, required interpretation.

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B. Each Bidder shall be responsible for determining that they have received all addenda issued.

1.05 BIDS, BONDS, AND AWARD OF CONTRACT

A. Each bid must be accompanied by a bid bond, cash, certified check, or a treasurer's or cashiers check issued by a responsible bank or trust company, payable to the Owner in the amount of five percent of the value of the bid. As soon as bid prices have been compared, the Owner will return the bid deposits of all except the three lowest responsible and eligible bidders. When the Agreement is executed, the bid deposits of the two remaining unsuccessful bidders will be returned. The bid deposit of the successful bidders will be retained until the payment bond and performance bond have been executed and approved, after which it will be returned.

B. Each bidder shall sign his name in the space provided therefore. If the bid is made by a partnership or corporation, the name and address of the partnership or corporation shall be shown, together with the names of the partners or the officers. A bid made by a partnership shall be acknowledged by one of the partners; a bid made by a corporation by one of the authorized officers thereof, and the corporate seal attached.

C. A conditional or qualified bid will not be accepted.

D. Bidding procedures and award of contract for this project are subject to the applicable provisions of Chapter 30 of the General Laws. The return of bid deposits, the substitution of bid bonds therefore, and the amount of each bid deposit which may be retained by the Owner in case of default by the bidder shall be in accordance with Massachusetts General Laws, Chapter 30, as amended. Award will be made to the lowest responsible and eligible Bidder.

E. The Owner may make such investigations as he deems necessary to determined the ability of the Bidder to perform the work and the Bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right 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 Agreement and to complete the work contemplated therein.

F. The low Bidder shall supply the names and addresses of major material Suppliers and

Subcontractors when required to do so by the Owner.

G. A performance bond and a payment bond, each in the amount of 100 percent of the contract price, with a corporate surety approved by the Owner, will be required of the General Contractor for the faithful performance of the contract, and may be required by the General Contractor of Sub-contractors. If bonds are required of sub-contractors, the General Contractor will pay the premiums therefore.

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H. Attorneys-in-fact who sign bid bonds or payment bonds and performance bonds must file with each bond a certified and effective dated copy of their power of attorney.

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1.06 EXECUTION OF THE AGREEMENT

A. The party to whom the contact is awarded will be required to execute the Agreement and obtain the performance bond and payment bond within five (5) calendar days (Saturdays, Sundays, and legal holidays excluded) from the date when notice of award is delivered to the Bidder. The notice of award shall be accompanied by the necessary agreement and bond forms. If any bidder fails to perform his Agreement to execute a contract and furnish a performance bond and a labor and materials or payment bond as stated in his bid, his bid deposit shall become and be the property of the Owner as liquidated damages, to the extent allowed by Statute previously cited.

B. The Owner within ten (10) days of acceptable performance bond, payment bond and

Agreement signed by the party to whom the Agreement was awarded shall sign the Agreement and return to such party an executed duplicate of the Agreement. Should the Owner not execute the Agreement within such period, the Bidder may by written notice withdraw his signed Agreement. Such notice of withdrawal shall be effective upon receipt of the notice by the Owner.

1.07 NOTICE TO PROCEED

A. The Notice to Proceed shall be issued within ten (10) days of the execution of the

Agreement by the Owner. Should there be reasons why the Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between the Owner and Contractor. If the Notice to Proceed has not been issued within the ten (10) day period or within the period mutually agreed upon, the Contractor may terminate the Agreement without further liability on the part of either party.

1.08 WAGE RATES

A. Minimum wage rates, as determined by the Commissioner of the Department of Labor and

Industries, under the provision of the Massachusetts General Laws, Chapter 30 apply to this project. It is the responsibility of the Contractor, before bid opening, to request, if necessary, any additional information on Massachusetts Wage Rates for those tradespeople who are not covered by the applicable Massachusetts Wage Decision, but who may be employed for the proposed work under this contract.

1.09 LAWS AND REGULATIONS

A. All applicable laws, ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout.

B. This project is subject to all of the OSHA Safety and Health Regulations (see 29 CFR Part

1926/1910 and all subsequent amendments) as promulgated by the United States Department of Labor on June 24, 1974 and Mass. Chapter 454 CMR 10.00 et. seq.: The Prevention of Accidents and Illnesses in Construction Operations.

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C. This contract is being bid on under the provisions of Massachusetts General Laws Chapter

30, Section 39M.

1.10 INSPECTION OF THE WORK

A. The Contractor shall provide at all times proper facilities for access and inspection by

Representatives of the Owner, Federal, State or other agencies having jurisdiction over the work of this project.

1.11 SALES TAX

A. This project is exempt from State Sales and Use or Excise Taxes to the extent allowed by law.

1.12 GUARANTEES

A. In addition to other guarantees due the Owner, the Contractor guarantees that the Work and services to be performed under the contract, and all workmanship, materials and equipment performed, furnished, used or installed 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 performance test requirements of the Contract shall be fulfilled. This guarantee shall be for a period of one year from and after the date of completion and acceptance of the Work unless otherwise specified herein. The Performance Bond shall remain in full force and effect through the Guarantee Period.

B. If at any time within the said period of guarantee any part of the Work requires repairing, correction or replacement, the Owner may notify the Contractor in writing to make the required repairs, corrections, or replacements. If the Contractor neglects to commence making such repairs, corrections, or replacements to the satisfaction of the Owner within three (3) days from the date of receipt of such notice, or having commenced fails to prosecute such Work with diligence, the Owner may employ other persons to make the same, and all direct and indirect costs of making said repairs, corrections or replacements, including compensation for additional professional services, shall be paid by the Contractor.

1.13 RECORD KEEPING

A. The Contractor is reminded that the provisions of Chapter 30, Section 39R relative to record keeping apply to this contract. A copy of c.30, s.39R is included in this Project Manual. A brief summary of the requirements is as follows:

1. The Contractor and all subcontractors shall maintain books, records, and accounts at least six (6) years after the final payment. They will be subject to inspection by the

00100-7 awarding authority, officers of the Inspector General, or the Deputy Commissioner of Capital Asset Management.

2. Any changes in record keeping or recording transactions which affect the awarding authority shall be explained along with a letter from the Contractor's independent certified public accountant approving or otherwise commenting on the changes.

3. The Contractor shall file with the awarding authority a statement of management as to whether the system of internal accounting controls has been established.

4. The Contractor shall file with the awarding authority a statement prepared and signed by an independent certified public accountant that an examination has been made of internal accounting controls.

1.14 ENGINEER

A. The Engineer for this project is Northeast Geoscience Inc., P.O. Box 655, 97 Walnut Street, Clinton, Massachusetts 01510.

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DOCUMENT 00301

FORM FOR GENERAL BID

PROPOSAL OF:

(HEREINAFTER CALLED "BIDDER") ORGANIZED AND EXISTING UNDER THE LAWS OF

THE STATE OF _______________________________, DOING BUSINESS

AS________________________ ________________________________ (A CORPORATION; A

PARTNERSHIP OR AN INDIVIDUAL).

TO: THE TOWN OF WESTBOROUGH, MASSACHUSETTS (thereinafter the Town of

Westborough shall be called "Owner").

A. The BIDDER proposes to furnish all labor and materials required for Contract No. 050602, Construction and Testing of Wilkinson Well No. 2, in accordance with the accompanying drawings and specifications for the contract price specified below, subject to additions and deductions according to the terms of the specifications.

B. This bid includes addenda numbered ________________.

C. BID ITEMS

ESTIMATED TOTAL

ITEM QUANTITY COST OF ITEM

1. Mobilization and demobilization for installation of gravel packed well at test well site TW-4-18.

_____________________________ L.S. ____________ Dollar ($ ) lump sum.

2. The work of the general contractor for construction and rating of a 12-inch by 18-inch gravel packed well at test well site TW-4-18.

____________________________ 62 ____________ Dollar ($ ) per lin. ft.

CONTINUED ON NEXT PAGE

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ESTIMATED TOTAL

ITEM QUANTITY COST OF ITEM

3. For Furnishing and installing well screen at well site TW-4-18.

_____________________________ 10 ____________

4. For furnishing and placing concrete sanitary well seal as specified at site

TW-10-03.

_____________________________ 30 ____________

5. For developing a 12-inch x 18-inch diameter gravel packed well at site

TW-4-18.

_____________________________ 60 ____________ Dollar ($ ) per hour

6. For furnishing, installing and operating all equipment and materials necessary for conducting a 48-hour pump test including the recording of water level readings.

_____________________________ 2 ____________ Dollar ($ ) per day

7. For installing discharge line with orfice meter as shown on Figure 2

– Site Plan.

_____________________________ 200 ____________

CONTINUED ON NEXT PAGE

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ESTIMATED TOTAL

ITEM QUANTITY COST OF ITEM

8. For furnishing labor to record water level water level recovery readings following the pump test.

_____________________________ 12 ____________ Dollar ($ ) per hour

TOTAL AMOUNT OF BID FOR ALL ITEMS BASED ON ENGINEERS ESTIMATED QUANTITIES

(Amount in Words)

(Amount in Figures)

NOTE: 1. The amounts in Article C shall be shown in both words and figures and in the case of discrepancy the amount shown in words shall govern; also in the event of a discrepancy between the total of the items and the total stated, the total of the items shall govern.

2. Interlineation, alteration or erasure may void the bid. The prices shall be typewritten or written by hand in ink.

This bid must be accompanied by a bid bond, cash, certified check, treasurer's check or cashier's check issued by a responsible bank or trust company, payable to the Town of Westborough, in the amount of five percent of the value of the bid.

D. The BIDDER agrees that, if he is selected as general contractor, he will within five days, Saturdays, Sundays and legal holidays excluded, after presentation thereof by the awarding authority, execute a contract in accordance with the terms of this general bid and furnish a performance bond and a payment bond, each of a surety company qualified to do business under the laws of the Commonwealth of Massachusetts and satisfactory to the Owner and each in the sum of one hundred percent of the contract price, the premiums for which are to be paid by the general contractor and are included in the contract price.

E. BIDDER further certifies under penalties of perjury that the said undersigned is not presently debarred from public construction work in the Commonwealth under the provisions of section twenty-nine F of Chapter twenty-nine, or any other applicable debarment provisions of any other chapter of the General Laws or any rule or regulation promulgated thereunder.

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F. The BIDDER hereby certifies that he is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed on the work and that he will comply fully with all laws and regulations applicable to awards made in the Commonwealth of Massachusetts.

G. The 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 work "person" shall mean any natural person, joint venture, partnership, corporation or other business or legal entity.

H. The BIDDER also certifies that he has visited the site and received and reviewed the plans and project manual (Bidding Documents, Conditions and Technical Specifications) dated August, 20197, identified with the Engineer's Project No. 19-04 titled "Contract No. 19-04 Construction and Testing of Wilkinson Well No. 2, Westborough, Massachusetts".

I. The BIDDER hereby agrees to commence work under this contract within 10 consecutive calendar days after a date to be specified in the Notice to Proceed and to fully complete the entire project by within 120 days of the contract date, unless the time for completion is extended otherwise by the Contract documents. Work performed beyond the CONTRACT TIME period (COMPLETION) will be subject to liquidated damages. The BIDDER further agrees to pay as liquidated damages, the sum of $600.00 for each consecutive calendar day thereafter as provided in Article 15 of the General Conditions.

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This bid must bear the written signature of the BIDDER or an authorized agent of the BIDDER.

If the 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.

Respectfully submitted: Date: _________________________

By _____________________________________________________________ (Signature and Title of Person Authorized to Sign Bid)

(Name of General Bidder)

(Business Street Address)

(City and State)

Business Phone: ( )

(SEAL - If bid is by a corporation)

ATTEST ________________________________________________________

180801 00310-1

DOCUMENT 00310

BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, ________________ ___________________________________________________ as Principal, and ___________________________________________________ as Surety, are hereby held in the penal sum of ___________________________________________________________ firmly bound unto __________________________________________________ as OWNER for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns.

Signed, this _______________ day of ___________________________, 20 ___.

The Condition of the above obligation is such that whereas the Principal has submitted to ________________________________________________________ a certain BID, attached hereto and hereby made a part hereof to enter into a contract in writing, for the

NOW, THEREFORE,

(a) If said BID shall be rejected, or

(b) If said BID shall be accepted and the Principal shall execute and deliver a contract in the

Form of Contract attached hereto (property completed in accordance with said BID) and shall furnish a BOND for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing material in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said bid, then this obligation, shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated.

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The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such BID and said Surety does hereby waive notice of any such extension.

IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above.

____________________________________________ (L.S.)

Principal

Surety

By: _______________________________________

IMPORTANT - Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located.

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DOCUMENT 00375

AFFIDAVIT

REVENUE ENFORCEMENT AND

PROTECTION ACT REQUIREMENTS

Prior to being awarded a contract for the subject project, the bidder shall furnish the 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 ________, 20___.

By: _________________________________ Signature

180801 00440-1

DOCUMENT 00440

NOTICE OF AWARD

TO:

PROJECT DESCRIPTION: Contract No. 19-04

Construction and Testing of Wilkinson Well No. 2, Westborough, Massachusetts

The OWNER has considered the BID submitted by you for the above described WORK in response to its Advertisement for Bids dated , 20___, and Information for Bidders.

You are hereby notified that your BID has been accepted for items in the amount of $ .

You are required by the Information for Bidders to execute the Agreement and furnish the required CONTRACTOR'S Performance BOND, Payment BOND and certificates of insurance within five (5) calendar days (Saturdays, Sundays and legal holidays excluded) from the date of this Notice to you.

If you fail to execute said Agreement and to furnish said BONDS within five (5) days (Saturdays, Sundays and legal holidays, excluded) from the date of this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER's acceptance of your BID as abandoned and as a forfeiture of your BID BOND. The 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 the OWNER.

Dated this day of , 20___ .

(OWNER)

By Title

ACCEPTANCE OF NOTICE

Receipt of the above NOTICE OF AWARD is hereby acknowledged by , this day of , 20___.

By Title

180801 00501-1

DOCUMENT 00501

FORM FOR AGREEMENT

THIS AGREEMENT, made this _________ day of ____________, 20___ by and between the Town of Westborough, hereinafter called "OWNER", acting by and through the Department of Public Works, and ___________________________________, hereinafter called "CONTRACTOR", doing business as (a corporation, or a partnership, or an individual).

WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned:

1. The CONTRACTOR will commence and complete the work for Contract No. 050602, Construction and Testing of Andrews Well No. 1 Replacement Well, Westborough, Massachusetts.

2. The CONTRACTOR will furnish all of the material, supplies, tools, equipment, labor and other services necessary for the construction and completion of the PROJECT described herein.

3. The CONTRACTOR will commence the work required by the CONTRACT DOCUMENTS within 10 calendar days after a date to be specified in the NOTICE TO PROCEED and to fully complete the entire project within 120 days of the contract date unless the period for completion is extended otherwise by the CONTRACT DOCUMENTS. Work performed beyond the CONTRACT TIME period (COMPLETION) will be subject to liquidated damages. The CONTRACTOR agrees to pay as liquidated damages the sum of $600.00 for each consecutive calendar day thereafter as provided in Article 15 of the GENERAL

CONDITIONS.

4. The CONTRACTOR agrees to perform all of the WORK described in the CONTRACT DOCUMENTS and comply with the terms therein for the sums shown in the BID

SCHEDULE.

5. The term "CONTRACT DOCUMENTS" means and includes the following:

(A) ADVERTISEMENT FOR BIDS

(B) INFORMATION FOR BIDDERS

(C) FORM FOR GENERAL BID

(D) CONTRACTOR QUALIFICATIONS

(E) BID BOND

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(F) AFFIDAVIT – REVENUE ENFORCEMENT AND PROTECTION ACT

REQUIREMENTS

(G) NOTICE OF AWARD

(H) FORM FOR AGREEMENT

(I) PAYMENT BOND

(J) PERFORMANCE BOND

(K) NOTICE TO PROCEED

(L) GENERAL CONDITIONS

(M) SUPPLEMENTAL CONDITIONS

(N) SPECIAL CONDITIONS - GENERAL

(O) SPECIAL CONDITIONS - MASSACHUSETTS (W/WAGE RATES)

(P) CHANGE ORDER

(Q) WAIVER OF LIENS

(R) SPECIFICATIONS PREPARED OR ISSUED BY NORTHEAST

GEOSCIENCE INC. DATED AUGUST, 2019.

(S) ADDENDA NO. ______________

6. The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth in the Contract Conditions such amounts as required by the CONTRACT DOCUMENTS.

7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns.

180801 00501-3

IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in five copies, each of which shall be deemed an original on the date first above written.

OWNER: TOWN OF WESTBOROUGH

BY THE BOARD OF SELECTMEN

Board of Selectmen

(SEAL)

ATTEST:

Name__________________________________ Title____________________________________

CONTRACTOR:

By________________________________________ Title________________________________________ Address________________________________________

(SEAL)

ATTEST:

Name__________________________________

The undersigned, in compliance with the Commonwealth of Massachusetts General Laws (Ter. Ed) Chapter 44, Section 31C, certifies that an appropriation in the amount required for this contract is available.

MUNICIPAL ACCOUNTANT DATE

180801 00600-1

DOCUMENT 00600

PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS: that

(Name of Contractor)

(Address of Contractor) a , hereinafter called Principal, (Corporation, Partnership or Individual) and (Name of Surety)

(Address of Surety) hereinafter called Surety, are held and firmly bound unto

(Name of Owner)

(Address of Owner) hereinafter called OWNER, in the penal sum of:

Dollars ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of 20 , a copy of which is hereto attached and made a part hereof for the construction of:

NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void, otherwise to remain in full force and effect.

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PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS.

PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

IN WITNESS WHEREOF, this instrument is executed in __________ counterparts, each (number) one of which shall be deemed an original, this the _________ day of __________, 20__.

ATTEST:

Principal Principal's Secretary

[SEAL] By_____________________________________(s)

(Address) Witness as to Principal (Address) Surety By_______________________________________ ATTEST: Attorney-in-Fact

Witness as to Surety (Address) (Address)

NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND.

IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the PROJECT is located.

180801 00610-1

DOCUMENT 00610

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS: that (Name of Contractor) (Address of Contractor) a ________________________________________, hereinafter called Principal, (Corporation, Partnership or Individual) and ________________________________________________________________________ (Name of Surety) (Address of Surety) hereinafter called Surety, are held and firmly bound unto __________________________

(Name of Owner) (Address of Owner) hereinafter called OWNER, in the penal sum of:

Dollars ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the ______ day of _____________ 20___, a copy of which is hereto attached and made a part hereof for the construction of:

NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect.

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PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS.

PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

IN WITNESS WHEREOF, this instrument is executed in __________ counterparts, each (number) one of which shall be deemed an original, this the _______ day of ____________, 20___.

ATTEST:

Principal Principal's Secretary By___________________________

[SEAL] _____________________________

(Address) Witness as to Principal _____________________________

(Address) Surety

ATTEST:

Surety Secretary

[SEAL]

________________________________ By___________________________ Witness to Surety Attorney-in-Fact

(Address) (Address)

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NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND.

IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the PROJECT is located.

180801 00650-1

DOCUMENT 00650

NOTICE TO PROCEED

TO: ______________________________ Date: _____________________________ ______________________________ Project: Contract No. 19-04 ______________________________ Construction and Testing of Wilkinson

Well No. 2 Westborough, Massachusetts

You are hereby notified to commence WORK in accordance with the Agreement dated ____________________, 20___, on or before __________________, 20___, and you are to complete the WORK within ___________ consecutive calendar days thereafter. The date of completion of all WORK is therefore ____________________, 20___.

(OWNER)

By____________________________________________

Title____________________________________________

ACCEPTANCE OF NOTICE

Receipt of the above NOTICE TO PROCEED is hereby acknowledged by ______________________________________, this _________ day of ____________________, 20___ By_________________________________________ Title________________________________________

This docwnent has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This docwnent should be adapted to the particular circumstances of the contemplated Project and the Controlling Law.

STANDARD

GENERAL CONDITIONS

OF THE

CONSTRUCTION CONTRACT

Prepared by

ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE

and

Issued and Published Jointly By

PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE

a practice division ofthe

NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS

AMERICAN CONSULTING ENGINEERS COUNCIL

AMERICAN SOCIETY OF CIVIL ENGINEERS

This document has been approved and endorsed by

The Associated General Contractors of America

Construction Specifications Institute

These General Conditions have been prepared for use with the Owner-Contractor Agreements (No. 1910-8-A-1 or 1910-8-A-2) (1996 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other.

Comments concerning their usage are contained in the ElCnC User's Guide (No. 1910-50). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. 1910-17) (1996 Edition).

EJCDC No. 1910-8 (1996 Edition)

02/18/05

Copyright ©1996

National Society ofProfessional Engineers

1420 King Street, Alexandria, VA 22314

American Consulting Engineers Council

10 15 15th Street N.W., Washington, DC 20005

American Society of Civil Engineers

345 East 47th Street, New York, NY 10017

02/18/05 00700-2

TABLE OF CONTENTS

ARTICLE 1 - DEFINlTIONS AND TER1v11NOLOGY

1.01 Defined Terms

1.02 Tenninology

ARTICLE 2 - PRELIMIN"ARY MATTERS

2.01 Delivery ofBonds

2.02 Copies ofDocuments

2.03 Commencement of Contract Times; Notice to Proceed

2.04 Starting the Work

2.05 Before Starting Construction

2.06 Preconstruction Conference

2.07 Initial Acceptance ofSchedules

ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE

3.01 Intent

3.02 Reference Standards

3.03 Reporting and Resolving Discrepancies .................................................................................................. 1 0

3.04 Amending and Supplementing Contract Documents

3.05 Reuse of Documents

ARTICLE 4 - A V AU,ABll,lTY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;

REFERENCE POINTS

4.01 Availability ofLands

4.02 Subsurface and Physical Conditions

4.03 Differing Subsurface or Physical Conditions

4.04 Underground Facilities

4.05 Reference Points

4.06 Hazardous Environmental Condition at Site

ARTICLE 5 - BONDS AND INSURANCE

5.01 Performance, Payment, and Other Bonds

5.02 Licensed Sureties and Insurers................................................................................................... .-

5.03 Certificates of Insurance

5.04 Contractor's Liability Insurance

5.05 Owner's Liability Insurance

5.06 Property Insurance

5.07 Waiver ofRights

5.08 Receipt and Application of Insurance Proceeds

5.09 Acceptance of Bonds and Insurance; Option to Replace

5.10 Partial Utilization, Acknowledgment ofProperty Insurer

ARTICLE 6 - CONTRACTOR'S RESPONSrnu,ITIES

6.01 Supervision and Superintendence

6.02 Labor; Working Hours

6.03 Services, Materials, and Equipment

6.04 Progress Schedule

6.05 Substitutes and "Or-Equals"

6.06 Concerning Subcontractors, Suppliers, and Others ... ;

6.07 Patent Fees and Royalties..................................................................................................................... : ...21

6.08 Permits

6.09 Laws and Regulations

6.10 Taxes

6.11 Use of Site and Other Areas

6.12 Record Documents

6.13 Safety and Protection

6.14 Safety Representative

6.15 Hazard Communication Programs

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6.16 Emergencies

6.17 Shop Drawings and Samples

6.18 Continuing the Work

6.19 Contractor's General Warranty and Guarantee

6.20 Indemnification

ARTICLE 7 - OTHER WORK

7.01 Related Work at Site

7.02 Coordination

ARTICLE 8 - OWNER'S RESPONSIBILITIES

8.01 Communications to Contractor

8.02 Replacement ofEngineer

8.03 Furnish Data

8.04 Pay Promptly When Due

8.05 Lands and Easements; Reports and Tests

8.06 Insurance

8.07 Change Orders

8.08 Inspections, Tests, and Approvals

8.09 Limitations On OWNER's Responsibilities

8.10 Undisc10sed Hazardous Environmental Condition

8.11 Evidence ofFinancial Arrangements

ARTICLE 9 - ENGINEER'S STA11JS DURING CONS1RUCTION

9.01 Owner's Representative

9.02 Visits to Site

9.03 Project Representative

9.04 Clarifications and Interpretations

9.05 Authorized Variations in Work

9.06 Rejecting Defective Work

9.07 Shop Drawings, Change Orders and Payments

9.08 Determ.inations for Unit Price Work

9.09 Decisions on Requirements of Contract Documents and Acceptability of Work

9.10 Limitations on Engineer's Authority and Responsibilities

ARTICLE 10 - CHANGES IN THE WORK; CLAIMS

10.0 I Authorized Changes in the Work

10.02 Unauthorized Changes in the Work

10.03 Execution ofChange Orders

10.04 Notification to Surety

10.05 Claims and Disputes

ARTICLE II - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK

11.01 Cost ofthe Work

11.02 Cash Allowances

11.03 Unit Price Work

ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES

12.01 Change ofContract Price

12.02 Change ofContract Times

12.03 Delays Beyond Contractor's Control

12.04 Delays Within Contractor's Control

12.05 Delays Beyond Owner's And Contractor's Control

12.06 Delay Damages

ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF

DEFECTNE WORK

13.01 Notice ofDefects

13.02 Access to Work

13.03 Tests and Inspections

13.04 Uncovering Work

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13.05 Owner May Stop the Work

13.06 Correction or Removal ofDefective Work

13.07 Correction Period

13.08 Acceptance ofDefective Work

13.09 Owner May Correct Defective Work

ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION

14.01 Schedule ofValues................................................................................................................... :

14.02 Progress Payments

14.03 Contractor's Warranty of Title

14.04 Substantial Completion

14.05 Partial Utilization ........................................................................................................................ :

14.06 Finallnspection

14.07 Final Payment

14.08 Final Completion Delayed

14.09 Waiver of Claims

ARTICLE 15 • SUSPENSION OF WORK AND 1ERMINATION

15.01 Owner May Suspend Work

15.02 Owner May Terminate For Cause

15.03 Owner May Terminate For Convenience

15.04 Contractor May Stop Work or Terminate

ARTICLE 16 - DISPUTE RESOLUTION

16.01 Methods and Procedures

ARTICLE 17 - MISCELLANEOUS

17.01 Giving Notice

17.02 Computation ofTimes

17.03 Cumulative Remedies

17.04 Survival ofObligations

17.05 Controlling Law

02/18;05 00700-5

GENERAL CONDITIONS

ARTICLE 1 - DEFINITIONS AND TERMINOLOGY

1.01 Defined Tenns

A. Wherever used in the Contract Documents and printed with initial or an capital letters, the tenns listed below will have the meanings indicated which are applicable to both the singular and plural thereof.

1. Addenda--Written or graphic instruments issued prior to the opening of Bids which clarity, correct, or change the Bidding Requirements or the Contract Documents.

2. Agreement--The written instrument which is evidence of the agreement between OWNER and CONTRACTOR covering the Work.

3. Application for Payment--The fonn acceptable to ENGlNEER which is to be used by CON TRACTOR during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents.

4. Asbestos--Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration.

5. Bid--The offer or proposal of a bidder submit ted on the prescribed fonn setting forth the prices for the Work to be perfonned.

6. Bidding Documents--The Bidding Requirements and the proposed Contract Documents (in cluding all Addenda issued prior to receipt ofBids).

7. Bidding Requirements--The Advertisement or Invitation to Bid, Instructions to Bidders, Bid security fonn, ifany, and the Bid fonn with any supplements.

8. Bondl"--Perfonnance and payment bonds and other instruments of security.

9. Change Order--A document recommended by ENGlNEER which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement.

lO. Claim--A demand or assertion by OWNER or CONTRACTOR seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the

* See Supplementary Conditions tenns of the Contract. A demand for money or services by a third party is not a Claim.

11. Contract--The entire and integrated written agreement between the OWNER and CONTRACT<?R concerning the Work. The Contract supersedes ~nor negotiations, representations, or agreements, whether wntten or oral.

* 12. Contract Documents--The Contract Docu ments establish the rights and obligations of the parties and include the Agreement, Addenda (which pertain to the Con tract Documents), CONTRACTOR's Bid (including doc~ mentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders Work Change Directives, Field Orders, and ENGINEER's written interpretations and clarifications issued on or after the Effective Date of the Agreement.

Approved Shop Drawings and the reports and drawings of subsurface and physical conditions are not Contract Documents. Only printed or hard copies of the items listed in this paragraph are Contract Documents. Files in electronic media fonnat of text, data, graphics, and the like that may be furnished by OWNER to CONTRACTOR are not Contract Documents.

13. Contract Price--The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.03 in the case of Unit Price Work).

14. Contract Times--The number of days or the dates stated in the Agreement to: (i) achieve Substantial Completion; and (ii) complete the Work so that i,t is r:ady for final payment as evidenced by ENGlNEER s wntten recommendation of final payment.

15. CONTRACTOR--The individual or entity with whom OWNER has entered into the Agreement.

16. Cost of the Work--See paragraph ll.01.A for definition.

17. Drawings--That part of the Contract Documents prepared or approved by ENGlNEER which graphically shows the scope, extent, and character of the Work to be perfonned by CONTRACTOR. Shop Drawings and other CONTRACTOR submittals are not Drawings as so defined.

00700 - 6

18. Effective Date of the Agreement--The date indicated in the Agreement on which it becomes effective but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver.

* 19. ENGINEER--The individual or entity named as such in the Agreement.

20. ENGINEER's Consultant--An individual or* entity having a contract with ENGINEER to furnish services as ENGINEER's independent professional associate or…