FY27 Town of Peru Road Construction Projects

On behalf of the Town of Peru, Berkshire Regional Planning Commission is inviting bids from contractors approved by MA DOT for full-depth reclamation and paving on South Rd, and Hickingbotham Rd.

Bid packages are available on Wednesday, July 1, 2026, at BRPC’s OpenGov online procurement portal found at: https://procurement.opengov.com/portal/berkshire-planning.

Bids will be submitted through the online procurement portal no later than Friday, July 17, 2026, at 11: AM. Bids will then be opened publicly and read aloud via the Zoom link provided on Open Gov.

The Town of Peru is an Equal Opportunity/Affirmative Action Employer. All bids for services are subject to the prevailing wage rates as per Mass. General Laws Chapter 149, Sections 26 to 27F inclusive, and Chapter 30, Section 39M, and a 5% bid deposit is required, in the form of a bid bond or certified check, unless specified in the bid package.

MassDOT prequalification of contractors with the classes of work as:

Pavement – Reclamation with an estimated value of $81,352.00

Pavement – Surfacing with an estimated value of $484,935.00

will be required. 

FDR and Paving will be awarded separately

The Town of Peru, the awarding authority, reserves the right to accept or reject any or all bids in total or in part, or waive any informality in the proposals as they deem in the best interest of the public.

Justin Russell

Highway Superintendent, Town of Peru

Background

Peru, Massachusetts, is a town with a rich history and rural charm. Incorporated in 1771, it was originally known as Northern Berkshire Township Number 2 and included all of Hinsdale and part of Middlefield. The town was first settled in 1767 and was officially named Partridgefield after one of its purchasers, Oliver Partridge. In 1806, the name was changed to Peru, suggested by Rev. John Leland, because it resembled the mountainous nature of Peru in South America¹.

With a population of 814 as of the 2020 census, Peru is located on the eastern edge of Berkshire County and is known for its peaceful country setting. The town center of Peru is the highest in Massachusetts, and over half of its area is covered in woodlands, including the Dorothy Frances Rice Wildlife Sanctuary. Peru is also home to Garnet Lake and the Garnet Mountain Monument, which honors 15 soldiers who perished in a plane crash during World War II².

For those interested in outdoor activities and a tranquil lifestyle, Peru offers a serene getaway amidst the beautiful landscapes of the Berkshire Hills

Project Details

• Department: Procurement Services
• Department Head: Rebecca Slick, MCPPO (Group Purchasing Program Coordinator)

Evaluation Criteria

• Requirements of Bidders (For all materials, supplies, services and equipment) —

  Pursuant to the Commonwealth of Massachusetts General Laws, and the General By-Laws of the Town of Peru, Massachusetts, any vendor entering into a contract with the Owner is required to certify certain facts and supply the Owner with necessary documentation.  If the Select Board determines that the vendor or Contractor is not in compliance the Owner may refuse to issue, reissue, renew or extend such contract or agreement.

  1. Posting of Bid Bond
     Each Bid must be accompanied by a Bid Bond or Certified Check for not less than 5% (five percent) of the bid price, with a surety company satisfactory to the Owner, payable to the Town of Peru, MA, said Bid Bond to be returned to the Bidder unless forfeited under the conditions herein stipulated. A scanned copy of the Bid Bond should be uploaded via BID RESPONSE section and submitted with the response. Such Bid Bond will be returned to all except the three lowest responsible and eligible Bidders within ten business (10) days, Saturdays, Sundays and legal holidays excluded, after the formal award of the bids. NOTE: the Owner is not responsible for any cost associated with preparing your bid package.
  2. Certificate of Insurance Liability
     Each successful Bidder will be required to present to the Owner a Certificate of Insurance, which is to include coverage for General Liability, Automobile Liability, Excess Liability, Property Damage, and Worker Compensation and Employers Liability.  The Town of Peru, Massachusetts shall be named as a certificate holder on the company’s Certificate of Insurance. Certificates are required from each successful Bidder within ten days from the award of the bid.
     INSURANCE REQUIREMENTS
     
  3. Prevailing Wage Law/Schedule
     All wages paid for labor on the work to be performed under each service contract for a public works construction project shall not be less than those prescribed by the Commissioner of Labor and Industries in accordance with the Massachusetts General Laws; Chapter 149, Section 26 and 27, as amended.  Employers must submit weekly payroll records to the awarding authority for all employees who have worked on the project. 
  4. Equal Employment Opportunity Contractor
     Companies submitting bids for services certify that they are an Equal Opportunity Employer, as adopted by the Commonwealth of Massachusetts Supplemental Equal Employment Opportunity, Anti-Discrimination and Affirmative Action Program.
  5. Certificate as to a Corporate Bidder
     All bids submitted for all materials and services must contain a Certificate as to being a Corporate Bidder, as contained within the bid specifications and are required as part of the bid.
  6. Record Keeping
     The Contractor shall make, and keep, at least six (6) years after final payment, books, records, and accounts which, in reasonable detail, accurately and fairly reflect the transactions and dispositions of the Contractor, and until the expiration of six (6) years after final payment, the Office of the Inspector General, and the Deputy Commissioner of Capital Planning and Operations shall have the right to examine any books, documents, papers or records of the Contractor or of his/her Subcontractors that directly pertain to, and involve transactions relating to the Contractor of his/her Subcontractors.
     
     All record keeping shall be in full compliance with the Massachusetts General Law, Chapter 30, Section 39R.
  7. Out of State Bidders
     Bidders having their place of business outside the Commonwealth of Massachusetts are considered a “Foreign Corporation”, as defined in M.G.L., Chapter 156D Section 1.40.  Each “Out of State” Bidder shall furnish with their bid, certification from the Secretary of State verifying qualification to do business in the Commonwealth, in accordance with M.G.L., Chapter 30, Section 39L.
  8. Payment Bond
     A payment bond in the sum of fifty percent (50%) of the Bid/Contract Price, from a surety company qualified to do business under the Laws of the Commonwealth of Massachusetts and satisfactory to the Owner will be required of each successful Bidder for services provided to the Owner within ten days from the award of the bid for the faithful payment by the Contractor of all subcontractors, materials suppliers and other obligations of the Contractor associated with this Contract.
     All but 10 percent of the surety can be eliminated from the job within 30 days substantial completion of the job. The remaining 10 percent can be eliminated 365 days after substantial completion of the job.
  9. References
     The Owner requires a minimum of three (3) references (name, address, and telephone number) from the Bidder for the last three (3) projects of similar scope, one (1) of which must be a public entity within the Commonwealth of Massachusetts. For Bidders with more extensive experience, the Owner requires reference information for all similar projects within the last five (5) years. Experience records provided must be relevant in size and scope to the work being bid on and current.
  10. Tax Compliance
      Any company contracting with a municipality must certify that they have complied with all Tax Laws of the Commonwealth of Massachusetts, as provided with the Massachusetts General Laws, Chapter 62C, Section 49A.
• Minimum Qualifications —

   

  The Bidder must demonstrate an understanding of the needs of the Town identified in this IFB through their approach in responding to this Invitation to Bid and shows an ability to undertake and complete this work. 

  The Town requires that the Contractor has performed similar work in the Commonwealth of Massachusetts.

  Any bidder, if requested, shall submit a financial statement, experience records, and an equipment schedule. Financial statements shall reflect the true financial conditions of the bidder within three months prior to the date of bid opening and shall be validated by a Certified Public Accountant.

  A bidder, in order to be eligible for the contract must, if requested, be able to show their financial ability to carry on the work until the project is complete and accepted by the Town of Peru.

  Documented experience information provided must be relevant in size and scope to the work being bid on and current. A minimum of 3 similar public project(s) is required.

• Communications Regarding this IFB —

  All vendor communications concerning this Invitation for Bid shall be directed via Town’s e-Procurement Portal Question & Answer feature by NO VALUE on TBD.

• Bid Submission Requirements —

  To be considered responsible and responsive, Bidders shall submit the following:  

  1. Price Bid Table
     The Price Bid Table entries by the Bidder shall include a price with the Bidder’s overhead that includes the furnishing of all payments, insurance, and other costs incurred in the performance under the Contract and submitted by an individual authorized to bind the Bidder contractually.
  2. Bidder Scope of Services & Project Schedule
     Each Bidder shall submit a written narrative that explains in detail the scope of services to be provided by that Bidder including a schedule of completion (project schedule) for those services.
  3. Other Documents
     Each Bidder shall submit the following:
     1. The identity of the individual, partnership, or corporation applying for contract award and credentials. If the Bidder intends to sub-contract or any work required in the scope of services, the sub-contractor shall be identified. 
     2. An applicant qualifications statement, including professional qualifications and work experience attesting to capacity to perform the required work program. 
     3. A client reference list, with names, addresses, telephone numbers, and e-mail addresses of three (30) clients for whom the Bidder has performed similar services within the past five (5) years.
     4. Any other information deemed relevant to the work, for use by the Owner during the execution of the work. 
     5. A statement of any legal proceedings pending or concluded within the past five (5) years relating to the performance of services by the Bidder.
     6. The Bidder shall include as part of the Bid the product information and any other information that may assist in substantiating its quality. This should include the submission of typical renderings, details, plans, specifications and cut sheets.
     7. All costs incurred, directly or indirectly, in responding to the IFB shall be the sole responsibility of the Bidder. All material and documents submitted by the Bidder will become the property of the Owner and will not be returned.  

  The Owner reserves the right to award the contract to the most responsive and responsible low Bidder.

  Minor omissions, informalities or irregularities may, at the sole option and discretion of the Owner, be corrected subsequent to the Bid due date. 

   

• Scope of Work - South Road and Hickingbotham Road —

  South Road

  Full Depth Reclamation and Paving of South Rd from Middlefield Rd extending roughly 1 mile and including a large intersection with South Rd Ext.  This will include road widening and paving driveway aprons and 4 small intersections with 2 private rds. 

  Reclaiming will be 5,880’ x 23’= 15,027 SY

  Paving will be 5,880’ x 22’= 14,373 SY 

  Binder Course 2.5” estimated 2,012 tons

  Top Course 1.5” estimated 1,207 tons

  Tack Coat .05g/SY estimated 719 gallons

  Road Widening 11,760’

   

  Hickingbotham Road 

  Full Depth Reclamation and Paving of Hickingbotham Rd from the Peru/Hinsdale town line where it intersects with Smith Rd in Hinsdale extending roughly a half mile on Hickingbotham Rd.  This will include paving a small parking / plow truck turnaround area near the town line, road widening, and paving driveway aprons 

  Reclaiming will be 2,440’ x 22’= 5,964 SY

  Paving will be 2,440’ x 22’= 5,964 SY 

  Binder Course 2.5” estimated 835 tons  

  Top Course 1.5” estimated 501 tons

  Tack Coat .05g/SY estimated 298 gallons

  Road Widening 4,880’ x2/ft

   

  Full Depth Reclamation 

  • Must follow all MassDOT specifications for Full Depth Reclamation with finish grade, vibratory compaction, and calcium stabilizer.
  • The awarded bidder will supply triaxle dump trucks to haul 1.5” Dense grade from the Peru Highway Department yard to each location to be added during the reclamation and grading process as needed.
  • Awarded bidder will be responsible for contacting the Peru Police Department for detail officers. 2 detail officers will be required each day. 

  Paving

  Paving shall begin immediately following the completion of the full-depth reclamation.                                          

  • South Rd and Hickingbotham Rd will be paved at a width of 22’ wide.    
  • MassDOT Binder will be installed at 2.5” with a tapered wedge joint.  
  • MassDOT Top will be installed at 1.5” with a tapered wedge joint.                
  • Tack coat must be applied at a rate of .05g/SY between Binder and Top.      
  • Driveway aprons will be paved with MassDOT HMA Top with an estimated 50 tons for aprons.     
  • Road Widening will be done after the installation of the top course with a road widener and roller for compaction.                                                                    
  •  Awarded bidder will supply triaxle dump trucks to haul ¾” dense grade from the Town of Peru Highway Department yard to the road widener.  
  • Depth and width will vary.                                                                                                              
  • Awarded bidder will be responsible for contacting the Peru Police Department for detail officers. 2 detail officers will be required each day. 

  Duration: The period of completion is between September 1, 2026 - September 30, 2026.

   
   

  Awarded Bidder must follow all MassDOT specifications attached therein to this bid and can be found here: https://www.mass.gov/lists/construction-specifications .

  Current Price of liquid asphalt per ton as of April 2025: $712.50

  https://www.mass.gov/info-details/massdot-current-contract-price-adjustments

• Questions —

  Questions shall be submitted via Town’s e-Procurement Portal Question & Answer feature by NO VALUE on TBD in order to allow all bidders time to incorporate answers into their bids. Note that oral communications are not binding on the Town and only written responses by the Town will be considered. No response will be made for any questions received after the question due date and time, unless the Town determines it necessary. Failure to request clarification of any inadequacy, omission, or conflict will not relieve the Bidder of any responsibilities under this Bid or subsequent contract.  

• Billing Address —

  3 East Main Road, Suite 110

  Peru, MA 01235

• Changes to the Scheduling Addenda —

  A change may be made by the Procurement Officer if, in the sole judgment of the Town, the change will not compromise the objectives of this procurement.  A change to this schedule will be made by a formal addendum issued by Rebecca Slick, Group Purchasing Coordinator. Addenda issued shall become part of this specification and will be included as part of the final Contract. It is the responsibility of the interested Bidder to assure that they have received any Addenda. All Addenda must be acknowledged via Town’s e-Procurement Portal. 

• Bid Response Date and Submittal —
  1. Completed bids must be received no later than Friday, July 17, 2026 at11:00 am  via Town’s eProcurement Portal. Respond to the bid by clicking on “Draft Response” on the bid’s public page. LATE BIDS WILL NOT BE CONSIDERED. The Town of Hingham requires the bid to be submitted by an official authorized to legally bind the Bidder.
  2. The official time will be the Eastern Time Zone as displayed at http://time.gov on the bid open date.
  3. Bids must be submitted via Town’s e-Procurement Portal. No E-mail or Hard copies will be accepted.

  The Bidder has full responsibility to ensure the Bid is submitted at the Peru's Town’s e-Procurement Portal within the deadline. The Town of Peru assumes no responsibility for any delays in bid submission. Bids will be opened automatically on the portal on Friday, July 17, 2026 at 11:00 am. The Town's portal will not allow bids to be uploaded after the IFB due date and time. 

• Pay Item Format/Invoicing/Final Schedule of Values —

  The Contractor shall once in each month, make an estimate of the total amount of the work done to the first of the month, and the amount earned by the Contractor. The Owner shall make monthly payments to the Contractor of the balance not retained as previously stated, except that payment may be withheld at any time, if the work is not proceeding in accordance with the Contract.  The Owner may, if it is deemed expedient to do so, cause estimates and payments to be made more frequently than once in each month.

  Contractor will be responsible to follow the Town’s invoicing procedures and MGL requirements. The Contractor will be paid based on a percent complete as submitted by the Contractor’s pre-approved schedule of values. 

  • Schedule Of Values
    
    Estimates for lump sum items shall be based on a schedule dividing each such item into its appropriate component parts, together with a quantity and a unit price for each part such that the sum of the products of prices and quantities will equal the Contract price for the item.  This schedule shall be submitted by the Contractor for the approval of the Town Engineer before the first estimate becomes due.

  Requisitions for payment will not be processed unless the required information is enclosed with invoicing. The schedule of values will be reviewed and approved by the Town Engineer. The Contractor will modify the schedule of values to represent an allocation that is acceptable to Town Engineer. The requisition will be submitted in an AIA G 702 format or as acceptable to the Town Engineer. A 5% retainage will be held for all work completed and stored. Certified payrolls will be submitted with each requisition to initiate payment.  Payment will not be made for any materials not incorporated in the work.

• MassDOT Specifications —

  Please review the MassDOT Highway Specification attached to the end of this bid.

• Changing Bids —

  Bids may be changed at any time prior to the bid open date and time. To change a bid, log in to your vendor account: https://procurement.opengov.com/login, and go to your submitted proposal. Click on “Unsubmit Proposal”, make the required changes, and submit the proposal again.

• Final Payment —

  The Town shall, as soon as practicable after the completion of this Contract, make a final estimate in writing of the amount of work done and the amount earned by the Contractor.  The Town shall also fix the date of completion of the work and incorporate the same into the final estimate, as provided by General Law, Chapter 30, Section 39G, as amended by Chapter 506, of the Acts of 1976, a copy of which will be furnished on request.

  All prior progress estimates and payments shall be subject to correction in the final estimate and payment.

  All liens for labor and materials agreed to be furnished to the Contractor must meet the procedural requirements set forth in General Laws, Chapter 30, Section 39F and 39G respectively.

   

• Withdrawing Bids —

  Bids may be withdrawn any time before the bid open date and time. To withdraw a bid, login to your vendor account: https://procurement.opengov.com/login, go to your submitted proposal. Click on “Unsubmit Proposal."

• Money may be Retained —

  The Owner may at any time keep any monies, which would otherwise be payable, and apply the same or as much as may be necessary to the payment of any expenses, losses or damages, incurred by the Owner and in accordance with provisions of Massachusetts General Law, Chapter 30, Section 39G, as amended by Chapter 506 of the Acts of 1976.

  A 5% retainage will be held for all work completed and stored. 

  Retainage Release. Upon substantial completion in accordance with the Owner-Contractor agreement, applicable law, and the Town’s procedures on contract close-out, the Owner shall release retainage to the Contractor, provided that the Owner, pursuant to advice of the architect, engineer and/or project manager shall reserve sufficient funds for completion of all incomplete and unsatisfactory work, and payment of any direct payment demands and other claims against the Contractor.

   

• Award —

  The Town of Peru is issuing 2 separate awards for Full Depth Reclamation and Paving.

• Bid Opening —

  Bids shall be publicly opened automatically via Town's e-Procurement Portal on Friday, July 17, 2026 at 11:00 am. 

• Exclusivity —

  This contract will be non-exclusive.  The Owner reserves the right to do work of the type covered by this contract with Owner forces or with other contracts.

• Contract Award —

  The Town of Peru will award a contract to the LOWEST RESPONSIVE AND RESPONSIBLE BIDDER based on the BASE BID PRICE which is within the Town’s budgeted amount.  Bidder must meet the terms of the specifications. The Town reserves to itself the right to accept or reject any and all bids, or to allow or deny variations from these specifications.   FDR and Paving will be awarded separately.

   

• Additional Items —

  The Owner reserves the right to add related items to this contract during the contract term upon agreement by both parties as to the price. Approval must be given in writing by the Town Engineer or his Consultant.

   

• Notice of Award —

  Regardless of any notification of award to any prospective Contractor, all bids remain open and acceptable by the Town for sixty (60) days from the bid opening date. Nothing in this paragraph is to be considered a waiver of the Town’s rights against a prospective Contractor who fails to execute a contract once it is awarded.

• Rights Reserved by the Owner —

  The Owner reserves the right to terminate this contract at any time, or for any reason deemed in the best interest of the Owner. A calendar year shall be defined as January 1st thru December 31st.

   

• Sales Tax —

  The Town of Peru and all of its departments are exempt from Massachusetts Sales Tax.  A copy of the Certificate of Exemption is available upon request.

   

• Method of Award - Lowest Responsible, Responsive Bid —

  The award will be made to the responsible, responsive bidder submitting the lowest base bid price. 

• Insurance Requirements —

  A “Certificate of Insurance” demonstrating the following requirements are in effect must be provided with this bid response:

  1. The Contractor shall agree to hold harmless and indemnify the Town of Peru, and save each from any and all costs, loss, expense, liability, damages or claims for damages, including costs for defending any action on account of any injury or damages done to buildings, property or any person, firm, corporation or association, and on account of an injury, including death to any person or persons arising or resulting from the services provided under this contract or from any act, omission or negligence of the Contractor, their agents or employees.  The foregoing provisions shall not be deemed to be released, waived or modified in any respect by reason of any surety or insurance provided by the Contractor under this contract.
  2. All insurance coverage on the vehicles used in this contract must be with insurance companies licensed in Massachusetts and approved by the State Insurance Commissioner.  No self-insurance by posting of bonds will be allowed under this contract.
  3. The Contractor shall keep in force at all times during the life of the contract, liability insurance in the amount of at least one (1) million dollars ($1,000,000) combined single limit, including bodily injury and property damage with the Town of  Peru,  named as Additional Insured. In the event of policy cancellation or non-renewal (for other than non-payment of premium), thirty (30) days’ notice to the Town of Peru is required. For cancellation by reason of non-payment of premium, ten (10) day notification is required.  A binding letter from the insurance company stating that this coverage will be in effect must be submitted as a part of the bid as well as at any point in time during the duration of this contract and when any given insurance policy is modified and/or renewed.  Upon execution of the contract, the contractor shall submit a copy of the coverage selections page and a copy of the policy when issued.
  4. The Contractor shall keep in force at all times during the life of the contract proper Worker Compensation coverage.  A binding letter from the insurance company stating that this coverage will be in effect must be submitted as a part of the bid. Upon execution of the contract, the contractor shall submit a copy of the coverage selections page.
  5. The Contractor shall immediately report all accidents to the Board of Selectmen or his designee, and to their insurance company.
• Compliance —
  1. The contractor selected shall be expected to comply with all applicable federal and state and local laws in the performance of its services.
  2. The consideration of all Bids and subsequent selection of the successful applicant shall be made without regard to race, color, religious creed, national origin, sex, sexual orientation, age, ancestry, or handicap.
  3. The successful applicant shall adhere to the provisions of the Fair Employment Practices Law of the Commonwealth of Massachusetts, M.G.L. Chapter 151B.
  4. The provisions relating to nondiscrimination and affirmative action in employment shall flow through all contracts and subcontracts that the successful applicant may receive or award as a result of this contract.
  5. The following items are required in conjunction with all bids submitted. Failure to submit them will result is disqualification of the bid.
     1. The signed Tax Compliance Certification must be included with the bid response.
     2. The signed Certificate of Non-Collusion must be submitted with the bid response. 
     3. The bid must be submitted by the authorized individual(s).
     4. Bidders must submit a bid deposit of five percent (5%) of the amount of the base bid.  Bid deposit may be in the form of a certified check; a bank, treasurers or cashier's check; or a bid bond from a surety company.
     5.  Current Certificate(s) of Insurance.
     6. Reference list
• Method of Award —

  The Town of Peru is issuing two separate contracts - one for FDR and one for Paving 

• Fuel Escalation —

  The Owner will not allow escalation of prices during the contract term for fuel adjustment.

• Changes not to Affect Bond —

  It is distinctly agreed and understood that any changes made in the drawings and specifications for this work, whether such changes increase or decrease the amount of work required, or any change in the manner or time of payments made by the Owner to the Contractor, shall in no way void, release or affect the liability and surety on the bond given by the Contractor.

• Insurance —

  The Owner and Consultant must be listed as “additional insured” on the insurance certificate.

• Indemnification —

  The Contractor agrees to defend, indemnify and save harmless the Owner, its officers, agents, servants and employees from and against any and all liability, damages, costs or expenses, causes of action, suits, judgments, losses and claims of every name not described, including attorneys’ fees and disbursements, brought against the Owner which may arise, be sustained, or occasioned directly or indirectly by any person, firm or corporation arising out of or resulting from the performance of the services by the Contractor, arising from any act, omission or negligence of the Contractor, its agents and employees, or arising from any breach or default by the Contractor under this Agreement. Any damages found by the Owner to be the direct result of the Contractor’s performance under this contract will be the responsibility of the Contractor.

• Wage Rates —

  Pursuant to the provision of MGL Chapter 149, as amended, the Contractor (and his Sub-Contractors), will be obligated to pay all workers in the covered classes the applicable prevailing wage rates and supplements. The minimum hourly wage rate to be paid the various classes of labor performing work under this contract shall be in accordance with schedules which have been established by the Massachusetts Department of Labor during the contract term.

• Notice of Award —

  Regardless of any notification of award to any prospective Contractor, all bids remain open and acceptable by the Owner for sixty (60) days from the bid opening date.  Nothing in this paragraph is to be considered a waiver of the Owner's rights against a prospective Contractor who fails to execute a contract once it is awarded.

• Location of Work —

  South Rd.

  Hickingbotham Rd.

• Existing Conditions —

  Bidders are required to submit their bids upon the following express conditions, which shall apply to and become a part of every Bid received, by way of:

  Bidders must satisfy themselves by personal examination of the location of the proposed work and by such other means as they may desire, as to actual conditions and requirements of the work.

  The locations of existing equipment and/or structures within the project area are shown on the drawings in accordance with the best available information in the Owner's possession. The completeness and accuracy of said information is not guaranteed and the Contractor shall have no grounds for additional compensation because of excessive expense due to encountering any existing conditions.

• Errors or Discrepancies noted by Contractor —

  It is the duty of Contractor to promptly notify Town Engineer in writing of any design, materials, or specified method that Contractor believes may prove defective or insufficient. If Contractor knows or should have known that a defect or insufficiency exists in design, materials, or specified method and fails to promptly notify Town Engineer in writing of this belief, the Contractor waives any right to assert that defect or insufficiency in design, materials, or specified method at any later date in any legal or equitable proceeding against the Owner or in any subsequent arbitration or settlement conference between the Owner and the Contractor. Town Engineer, on receipt of any such notice, will promptly investigate the circumstances and give appropriate instructions to the Contractor.

• Addenda —

  No interpretation of the meaning of the plans, specifications or other pre-Bid documents will be made to any Bidder orally. All information given to Bidders other than by means of the plans, specifications, or by addenda, as described below, is given informally and shall not be used as the basis of a claim against the Owner.

  Documents which, when issued, will be posted on the Town’s e-Procurement Portal no later than 48 hours before Friday, July 17, 2026 11:00 am. Notification of a newly posted document will be emailed to all registered bidders who are following the bid by clicking on “Follow” on the bid posting. Failure of any Bidder to receive any such addendum or interpretation shall not relieve such Bidder from any obligation under this bid as submitted. All addenda so issued shall become part of the Contract Documents.

   

• Alterations —

  The Owner may make alterations in the line, grade, plan, form, dimensions or materials of the work or any part thereof, either before or after the commencement of construction.  If such alterations increase or diminish the quantity of work to be done, adjustment for such increase or decrease shall be made at the unit price stipulated for such work under this Contract.  If unit prices are not stipulated for such additional work, compensation shall be made under the item for Extra Work.  If such alterations diminish the quantity or work to be done, they shall not warrant any claim for damages or for anticipated profits on the work that is eliminated.

• Extra Work —

  Payment of Change Orders:
  Payment of all change orders shall be in accordance with the relevant provisions of Massachusetts General Laws, Chapter 30; Section 39G for non‐building construction and Section 39K for building construction as amended from time to time.

  Payment of change orders shall be made in accordance with one of the following three methods:

  1. Existing unit prices as set forth in the contract; or
  2. Agreed upon lump sum or unit prices; or
  3. Time and materials

  The Contractor shall do any work incidental to the proper completion of the Contract which may not be otherwise provided for in these specifications when ordered in writing by the Town Engineer, either (a) at the price agreed upon before the work is commenced, and stated in the order for the work, or (b) if the Owner so elects, for the reasonable cost of said work, as determined by the Town Engineer, plus fifteen percent of such cost.  No extra work will be paid for unless specifically ordered as extra work by the Town Engineer in writing.

  • Direct Labor Cost Plus 15%
  • Direct Material Costs Plus 15%

  The Contractor shall, upon request by the Town Engineer, furnish itemized statements of the cost of the work ordered and give the Town Engineer access to the related accounts, bills and vouchers.

  The Town Engineer shall include in the cost of extra work under (b) above, the reasonable cost to the Contractor of all materials used; of all labor, common and skilled; of foremen; and the fair rental of all machinery used for the extra work for the period of such use.

  The fair rental for all machinery shall be based upon the most recent edition of "Compilation of Rental Rates for Construction Equipment", as published by the Associated Equipment Distributors, or similar publication approved by the Town Engineer.  Rental for machinery already present on the work or which shall be required or used on the work after the extra work is done, shall be based upon an appropriate fraction of the approved monthly rate schedule.  If said work requires the use of machinery not already present or to be later used on the work, then the cost of transportation, not exceeding a distance of 100 miles of such machinery to and from the work shall be added to the fair rental as accepted by the Town Engineer in writing prior to the rental of the machine.

  The Town Engineer shall include, in the cost of extra work, the cost to the Contractor of satisfactory insurance covering public liability and bodily injuries to his employees engaged in the extra work and the cost of Social Security, or other direct assessment upon the Contractor's payroll by Federal or other properly authorized public agencies.  The Town Engineer shall not include in the cost for extra work any cost or rental of small tools, buildings or any portion of the time for the Contractor or his Superintendent, or any allowance for use of capital or the premium on the bond as assessed upon the amount of extra work.  These items are considered to be covered by the fifteen percent added to the reasonable cost.

   

• Extension of Time on Account of Extra Work —

  When extra work is ordered near the completion of the contract, or when extra work is ordered at any time during the progress of the work, which requires, in the opinion of the Town Engineer, and unavoidable increase of time for the completion of the contract, a suitable extension of the time of completion shall be made.

   

• Quality of Work/Defective Work —

  The inspection of the work shall not relieve the Contractor of any of his obligations to fulfill his/her/its Contract as herein prescribed.  Any defective work shall be made good and unsuitable materials shall be rejected and replaced, even though such work and materials have been previously overlooked by the Town Engineer and accepted or estimated for payment.  If the work or any part thereof shall be found defective at any time before the final acceptance of the whole work, the Contractor shall immediately make good such defect, in a manner satisfactory to the Town Engineer.  If any material brought to the site for use in the work or selected for the same, shall be condemned by the Town Engineer as unsuitable or not in conformance with the specifications, the Contractor shall immediately remove such materials from the vicinity of the work.  Any material, furnished by the Owner, which is damaged or rendered defective by the handling or improper installation by the Contractor, his agents or employees, shall be made good and replaced at the Contractor's own expense.

  The inspection of the work shall not relieve the Contractor of any of his/her/its obligations to fulfill the Contract as herein prescribed.  Any defective work shall be made good and unsuitable materials shall be rejected and replaced, even though such work and materials have been previously overlooked by the Town Engineer and accepted or estimated for payment.  If the work or any part thereof shall be found defective at any time before the final acceptance of the whole work, the Contractor shall immediately make good such defect, in a manner satisfactory to the Town Engineer.  If any material brought to the site for use in the work or selected for the same, shall be condemned by the Town Engineer as unsuitable or not in conformance with the specifications, the Contractor shall immediately remove such materials from the vicinity of the work.  Any material, furnished by the Owner, which is damaged or rendered defective by the handling or improper installation by the Contractor, his/her/its agents or employees, shall be made good and replaced at the Contractor's own expense.

  
  The Contractor shall complete the work as directed by the Town Engineer and/or Consultant in a workman like manner in accordance with the requirements set forth in this document and specifications.

  If work is not completed in a workmanlike manner that is satisfactory to the Town Engineer and/or Consultant, then the Owner can terminate the remaining period of the contract without obligation or recourse. 

• Personnel and Equipment —

  Principals, project managers, superintendents, estimators, expeditors, clerical and all other office personnel will be considered overhead.  Time spent in preparation of an estimate for each project will be considered overhead.  Time spent preparing and securing permits, drawings required thereof, shop drawings, submittals, schedules, reports and invoices will also be considered overhead costs.

  Hauling or delivery of personnel, to/from/within the job site(s) will not be considered as billable. Mobilization of equipment and manpower should be included as part of the base bid and will not be paid under a separate item. 

  The Owner reserves the right to research the ability of Bidder to perform work under this contract.  If, in the opinion of the Town Engineer, the lowest responsible Bidder does not have adequate facilities and/or proper equipment to service this contract, the Bidder may be subject to rejection. At which point the next lowest Bidder may be used or the work may be re-bid. 

  The Contractor must perform work in a safe manner. Failure to do so may result in termination of the contract, at which point the cost associated with completing the project will be deducted from the contract.

• Construction Documents: Drawings and Technical Specification —

  The Contractor will be required to comply with all drawings and technical specifications, which may be associated with each particular project.  Failure to comply may result in delay of payments, back charging for corrective remedial work, and/or cancellation of the contract.

  Where Standards, Specifications, and Codes are referred to herein, it will be understood, that such reference is to the issue in effect as of the date of the Bid, including all revisions and addenda, if any.

  ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT should any of the General Conditions, Special Conditions and Technical Specifications, or special notes on the drawings conflict with the any of the provisions of the Massachusetts Building Code, the Building Code will prevail. 

• Night Work, Town Holidays, and Weekend Work —

  Unless permission is given by the Owner work hours will be Monday – Friday 7:00 am to 6:00 pm. Holidays will be defined by the Town.

   

• Supervision and Inspection —

  The Contractor further agrees that the work shall be at all times under the immediate supervision of the Highway Superintendent, Town Engineer, or Consultant, who shall at all times have free access to all parts of the work and all places where materials for the same are prepared, and shall have every facility made available for the proper inspection of (a) all materials used in, and (b) workmanship executed for the work under this contract.  It is expressly understood and agreed that the inspection of the work and materials by the Highway Superintendent, Town Engineer or his Consultant will in no way diminish the responsibility of the Contractor or release him/her/it from the Contractor’s obligation to perform and deliver to the Owner sound and satisfactory work.  It is further agreed that the Contractor shall obey orders of the Highway Superintendent, Town Engineer or Consultant and by all persons employed on the work.

   

• Staffing Responsibility —

  The Contractor must accept full responsibility for providing licensed, qualified, experienced workers who can perform the work required. 

• Condition of Work —

  Each Bidder must familiarize themselves fully with the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful Bidder of their obligation to furnish all material and labor necessary to carry out the provisions of their Contract. Insofar as possible the Contractor, in carrying out their work, must employ such methods or means as will not cause any interruption of or interference with the work of any other Contractor.

• Protection against Water and Storm —

  The Contractor shall take all precautions to prevent damage to the work, the building structure or its contents by storms or water entering the site of the work.  In case of damage by storm or water, the Contractor shall make such repairs or replacements or rebuild such parts of the work as the Town Engineer may require assuring that the finished work is completed as required by the drawings and specifications.

  The Town Engineer may, at any time, prohibit the carrying out of any work when, in his/her judgment, the conditions are not suitable or the proper precautions are not being taken, whatever the weather may be and in any season.

• Time of Beginning of Work —

  The Contractor shall provide all necessary paperwork (insurance certification, bonds, etc.) within 10 days of the award notice.

  The Contractor shall commence work, at such points as the Town Engineer may approve, within 60 days after the notice to proceed.

  The time of starting may be postponed by written agreement between the Owner and the Contractor because of expected delays in receipt of materials and equipment, or if the season is unsuitable for commencement of the work, or because of other contingencies clearly beyond the control or responsibility of the Contractor. Legitimacy of allowable delays will be validated by the Owner solely.

• Time of Completion —

  The rate of progress shall be such that the whole work shall be performed in accordance with the terms of this Contract within the number of calendar days after the date of execution of the Contract as stipulated herein 80 calendar days, unless and except as any part may be delayed under the provisions of this Contract.

  It is agreed that the rate of progress herein required has been conservatively adjusted to allow for ordinary delays incidental to construction work of this character.  No extension of time will be allowed for ordinary delays, inclement weather and accidents, and the occurrence of such will not relieve the Contractor from the necessity of maintaining this rate of progress.

  If delays are caused by acts of God, acts of Government or State, strikes, extra work, floods or other contingencies clearly beyond the control or responsibility of the Contractor, the Contractor shall be entitled to as much additional time to perform and complete this Contract on his part as the Town Engineer shall certify in writing to be equitable. The time in which this Contract is to be performed and the work is to be completed is of the essence of this Agreement. Legitimacy of allowable delays will be validated by the Owner solely. 

• Delay by Owner —

  The Owner may delay the beginning of all or any part of the work if the necessary.  The Contractor shall have no claim for damages on account of such delay, but shall be entitled to as much additional time in which to perform and complete this Contract on his part as the Town Engineer shall certify in writing to be equitable.

• Substantial Completion —

  Substantial completion shall be defined when less than 1% of work remains, or a public work is open for public use (M.G.L. c.30, 39G), or owner has taken possession of a building for occupancy (M.G.L. c.30, 39K)

• Discrepancies, Error and Omissions —

  The drawings and specifications are intended to be explanatory of each other.  Should any discrepancy appear, or any misunderstanding arise as to the import of anything contained in either, the interpretation and decision of the Town Engineer shall be final and binding on both parties to this Contract.

  Any correction of errors or omissions in drawings and specifications may be made by the Town Engineer when such correction is necessary for the proper fulfillment of their intention as interpreted by the Town Engineer.  Where said correction of errors or omissions, except as provided in the next two paragraphs below, adds to the amount of work to be done by the Contractor, compensation for said additional work shall be made under the item for Extra Work except where the additional work may be classified under some item of work for which a unit price is included in the bid.

  The fact that specific mention of a fixture, or of any part of the work, is omitted in the specifications, whether intentionally or otherwise, when the same is clearly shown or indicated on the drawings, or is usually and customarily required to fully complete such work as is specified herein, will not entitle the Contractor to consideration in the matter of any claim for extra compensation, but the said fixtures or-work, or both, must be installed or done the same as if called for by both the drawings and specifications.

  All work indicated on the drawings and not mentioned in the specifications, or vice-versa, and all work and material usual and necessary to make the work complete in all its parts, whether or not they are indicated on the drawings or mentioned in the specifications, shall be furnished and executed the same as if they were called for by both the drawings and specifications.

• Information not Guaranteed —

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

  It is agreed and understood that the 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 in the Contract Documents.

  If is further agreed and understood that no Bidder or Contractor shall use or be entitled to use any of the information made available to or obtained in any examination made by him/her/it in any manner as a basis of or ground for any claim or demand against the Owner or the Town Engineer, arising from or by reason of any variance which may exist between the information made available and the actual subsurface or other structures actually encountered during the construction work, except as may otherwise be expressly provided for in the Contract Documents.

• Use of Electricity —

  Where connections are feasible through an existing electrical source, at no charge to the Contractor, electricity will be made available for short-term use where the facilities exist to supply electricity. Conduits (extension cords etc.) for the electricity shall be supplied by the Contractor. If the facilities are not accessible it will be the Contractor’s responsibility to supply their own electrical source.

• Notification to Utility Companies —

  It is the Contractor’s responsibility to contact DIG SAFE or any other utility company not notified per Dig Safe.

• Warranty —

  The Contractor warrantees to the Owner that all materials and equipment furnished under this Contract will be new and of recent manufacture unless otherwise permitted in writing by the Owner and that all Work will be of good quality, free from faults and defects and in conformance with the Contract Documents. All Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective and, promptly after written notification of non-conformance, shall be repaired or replaced by the Contractor with Work conforming to such requirements at the Contractor’s expense. If required by the Owner, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. The Contractor will warranty all aspects of the work for a minimum of one (1) year for labor and a minimum two (2) years for material, or as may be provided for under the Bidder’s Bid submission, whichever is greater. Any remedial work and/or repairs performed under the warrantee will be warranted for an additional year from the date or the remedial work and/or repair. The warranty shall start upon final acceptance as submitted in writing by the Owner. Any warranties listed in the specification or offered by the manufacture shall be extended to their full extent to the owner. 

• Police Details —

  If required for traffic control will be paid for by the Contractor directly to the Town of Peru.  Police Detail (2 officers x 40hrs) x $65/HR 

• Storage of Materials and Equipment —

  The Contractor will be required to store his/her/its material and equipment in a location, which will not interfere with the normal operations of other Contractors or employees of the Owner, and in a manner which will afford them maximum protection.  The Owner will not guaranty the security nor be responsible for loss, damage or theft of stored materials or equipment at the Owner’s facility or on a Town street.  Security of materials and equipment is the Contractor's responsibility.  The Contractor will replace such items, as required, at his/her/its own expense.

• Protection of Property —

  The Contractor will pay the cost at his/her/its sole expense of any such work or materials required in the repairing or replacement of said items or facilities.  This restoration work must be entirely completed, to the satisfaction of the Town Engineer and/or his consultant, before final payment to the Contractor is approved by said Town Engineer or his Consultant.  It will be the Contractor's responsibility to protect and secure their own property and equipment at all times. 

• Safety and Code Requirements —

  Due to the nature of the work, Contractor will be familiar with recent modifications to the OSHA regulations.  Conduct operations as required by OSHA regulations at all times.

  The Contractor will immediately advise the Owner of inspections conducted by OSHA at the work site. Immediately provide copies of citations and violations to the Owner. All areas of this project are hard-hat areas.  All persons within the project limits are required to wear protective headgear.

• Cleanup of Premises and Equipment —

  The Contractor will not allow waste material or rubbish caused by work under this contract to accumulate in or about the premises but will promptly and thoroughly remove rubbish and excess tools from the site including immediate work area. Upon Final Completion, the Contractor will leave the site thoroughly cleaned and ready for use. Clean all spilled equipment fluids to the satisfaction of the Owner.  In case of a dispute, the Owner may remove the rubbish and do such cleanup as required and back charge the cost thereof to the Contractor responsible.

• Contractor Responsible until Work is Completed —

  The Contractor further agrees to assume charge of and be responsible for the entire work until completed and accepted by final payment; and that they will personally supervise the faithful performance of the work, and that they will keep it under Contractor’s exclusive control.  In case of absence, the Contractor will designate a competent representative to continue such supervision of the work uninterrupted, and such representative shall receive orders and instruction as appropriate from the Town Engineer or Consultant and enjoy full authority to execute any such Town Engineer’s or Consultant’s orders and to supply materials, tools and labor without delay.

• Engineer —

  There is no engineer contracted for this project. Where "Engineer" is used throughout this notice, "Town Designee" shall take precedent.

Submission Requirements

• Respondent Submittals (without cost) (required)
• References (required) —

  List three (3) recent contracts, preferably with municipalities, with names of towns/cities/owners on which you served as Contractor or provided service or materials of the same nature as requesting:

  Project/Job Type

  Person Contact

  Phone

  City/Town/Owner/Locations

  Prior to award, the Town will conduct reference checks, which may include direct contact with provided references,
  database searches, independent reviews, and first-hand experience of the Town where applicable.

  The bidder may be required to produce other information to support its qualifications to do the work and to make sure it is financially qualified to carry out the contract.

• Binding Letter from Insurance (COI) (required) —

   A binding letter from the insurance company stating that Worker’s Compensation coverage will be in effect.

   

• Certificate of Authority (required) —

  Please download the below documents, complete, and upload.

• Bid Guaranty (required) —

  Upload a scanned copy of your fully executed bid bond here if Contractor is submitting a bid bond. If securing the bid by a treasurer's, certified or cashier's check, upload a scanned copy of the completed check. Original check must also be mailed to the Awarding Authority.

• Acknowledgments
• Signatory and Contract Manager Information (required) —

  Provide the full contact name, title, and e-mail of the signatory for your firm. Provide contact information for the Contract Manager or admin for your firm in order to distribute Contract Documents, if awarded. 

  Signatory: (name, title, email)

  Contract manager/admin staff: (name, email)

• Bid Validity (required) —

  By confirming, the bidder affirms that the Bid is effective for at least sixty (60) calendar days from the deadline date for receipt of sealed Bids, or from the date upon which this IFB is cancelled, whichever occurs first. 

• OSHA 10 Certification & Labor Harmony Certification —

  By confirming, the bidder hereby certifies 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 worksite will have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health Administration that is at least 10 hours in duration at the time the employee begins work and who shall furnish documentation of successful completion of said course with the first certified payroll report for each employee; and that it will comply fully with all laws and regulations applicable to awards made subject to section 44A. As required by M.G.L. c. 62c, Sec. 49A, the undersigned certifies that the bidder has complied with all laws of the Commonwealth relating to taxes, reporting of employees and contractors, and withholding and remitting of child support.
   

• Disbarment —

  By confirming, the 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. Chapter 29, Section 29F, or any other applicable Debarment provisions of any other Chapter of the General Laws or any rule or regulations promulgated there under.

• Non-Collusion (required) —

  By confirming, 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 in this paragraph the word “person” shall mean any natural person, joint venture, partnership, corporation or other business or legal entity. The bidder further certifies under penalty of perjury that the said undersigned is not presently debarred from doing public construction work in the commonwealth under the provisions of M.G.L. Chapter 29, Section 29F or any other applicable debarment provisions of any other chapter of the General Laws or any rule or regulation promulgated hereunder. 

• Certificate of Tax Compliance (required) —

  Pursuant to M.G.L. Chapter 62C, Section 49A (b), by confirming, the bidder further certifies under the pains and penalties of perjury that said Contractor has complied with all laws of the Commonwealth of Massachusetts relating to taxes, reporting of employees and Contractors, and withholding and remitting child support.

  The bidder certifies that the person signing this bid on behalf of the Bidder has been authorized by the company to submit bids on its behalf.

   

• By confirming, the bidder is certifying to the following: (required) —

  The bidder agrees that upon notice of award as the Contractor, they will within ten (10) business days Saturday, Sunday, and legal Holidays excluded execute a contract in accordance with the terms of this bid and furnish sureties and insurance certificates as outlined in the conditions of this contract. 

  As set forth herein in accordance with these specifications, plans, and conditions, the undersigned agrees to enter into a standard contract form with the Owner’s awarding authority. 

  Subsequent to the award notice and prior to commencement of work, a compulsory contract agreement form with a place for signatures for the Owner authorized awarding agent and the awarded will be signed ratifying and finalizing the contract.

  The Bidder understands that all bids are subject to the applicable laws of the Commonwealth of Massachusetts and Town Bylaws. General Laws. The terms of this contract have been read and fully understood by the person whose signature appears below. By endorsing this contract the Bidder agrees to adhere to the general conditions, plans, and specifications of this contract. The parties agree to comply with the terms and conditions set forth on the preceding pages along with any addenda that may be issued. 

   

• Bid Form (required) —

  By submitting this bid and confirming below, the bidder affirms the following: 

  To the Town of Peru, Massachusetts (hereinafter called the "Town”): 

  In compliance with your invitation for bids for the “FY27 Town of Peru Road Construction Projects TBD”, having examined the specifications and the related documents, hereby proposes to furnish all labor and materials, in accordance with the contract documents, within the time set forth therein, and at the prices stated in the Pricing Table. These prices are to cover all expenses incurred in performing the work required under the contract documents, of which this bid is a part. Bidder agrees to perform all of the work described in the specifications and shown on the plans for the proposed contract prices submitted with the bid.  

  The bidder agrees that upon notice of award as the Contractor, they will within ten (10) business days Saturday, Sunday and legal Holidays excluded execute a contract in accordance with the terms of this bid and furnish sureties qualified to do business under the laws of the Commonwealth and insurance certificates as outlined in the conditions of this contract and; as set forth herein in accordance with these specifications, plans and conditions, the undersigned agrees to enter into a standard contract form with the Town Awarding Authority. The bidder agrees that upon notice of award by the Town's authorized awarding agent, a compulsory contract agreement form will be provided to the awardee by the Town. This contract will serve as a signatory page for the Owner’s authorized awarding agent and the awarded.  (A sample is enclosed; do not fill out the sample page(s)).

  
  The bidder understands that all bids are subject to the applicable laws of the Commonwealth of Massachusetts and Municipal Ordinances including General Laws. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of sixty (60) days after the opening of Bids. The terms of this contract have been read and fully understood by the person whose signature appears below. By endorsing this contract the Bidder agrees to adhere to the general conditions, plans and specifications of this contract. The parties agree to comply with the terms and conditions set forth on the preceding pages along with any addenda that may be issued. 

   

• Out of State Bidder
• Are you an out of state bidder? (required)
• By confirming, I, an out of state bidder, certifies the following: —

  The out-of-state bidder certifies under the penalties of perjury they shall not enter into a contract with a foreign corporation which has not received a certificate from the state secretary stating that such a corporation has complied with sections three and five of Chapter 156D Section 1.40 of  Massachusetts  General Law and the date with which compliance was obtained and shall report to the state secretary and the department of corporations and taxation any foreign corporation performing work under contract, and residing or having a principal place of business outside the Commonwealth.

• If out-of-state bidder, upload certification from the MA Secretary of State's office verifying qualification to do business in the Commonwealth.
• Consultant Collaborating (required) —

  Is a consultant collaborating with you on this project? 

• Consultant Information (required) —

  Consultant Name, Contact Person, Email 

• Payment (required) —

  Select the payment method below: 

• Permits (required) —

  Please select from the permit options below: