Active SLED Opportunity · MASSACHUSETTS · TOWN OF HINGHAM
AI Summary
Town of Hingham seeks bids for replacement of the library's aging chiller system. The project includes engineering studies and construction with an estimated value of $1.4M. Bidders must be DCAMM certified and comply with prevailing wage laws. Mandatory site visit on June 24, 2026. Bids due July 2, 2026, via OpenGov Portal.
The Town of Hingham Public Library located at 66 Leavitt Street, Hingham, MA 02042, is one of the Town’s most valued community centers and provides a variety of services to all demographics. The current building was opened in 1966 and underwent renovation and expansion in 2001. Many core components of the cooling system from the 2001 renovation (the heating system was renovated in 2016) are at the end of their useful life and are beginning to fail. Replacement parts are no longer being manufactured, which makes necessary repairs costly and difficult. Portions of the cooling system need to be replaced as soon as possible in order for the Library to provide reliable, uninterrupted capacity for the building’s daily use, as well as its critical function to the Town as a designated cooling center during the summer months.
After developing a scope of work with the Town’s Engineering Department and obtaining quotes, the Library received $80,000 in Capital Funding in FY26 for engineering studies to complete a schematic narrative suitable for preliminary budget pricing, followed by construction documents suitable for final cost estimates, bidding, and construction.
Estimated total contract value, $1,400,000.
Bids are subject to M.G.L. c. 149 §44A-J & to minimum wage rates as required by M.G.L. c. l49 §§26 to 27H inclusive.
Pursuant to the Commonwealth of Massachusetts General Laws, and the General By-Laws of the Town of Hingham, 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.
The Town of Hingham is exclusively accepting electronic bid submissions. Bidders shall create a FREE account with OpenGov Procurement by signing up at https://procurement.opengov.com/signup. Once you have completed account registration, browse back to this page, click on "Draft Response", and follow the instructions to submit the electronic bid.
By responding to this Invitation for Bid, the bidder agrees that they have read and understand this document as well as any other applicable laws related to c. 149.
All bids that are not submitted through the OpenGov Portal will be deemed not acceptable by the Town.
Filed Sub-Bidders must be DCAMM certified in Electrical. Sub-bids for the work under this Section shall be for the complete work and shall be filed with the Awarding Authority.
All Bidders are notified that they must be licensed under prevailing state and local laws and regulations governing the proposed work.
All work and materials shall comply in every respect with the building laws, state and town regulations, and the directions of the inspector of buildings and such building laws, regulations and directions are to be considered as a part of the Contract to which it relates.
To be considered responsible and responsive, Bidders shall submit all of the required documents in the Bid Response Section.
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.
The Town has retained an engineering consultant to assist with the Project; referred to herein as the Consultant. The Consultant is Allied Consulting Engineering.
Hingham Public Library
66 Leavitt Street
Hingham, MA 02043
The bid documents available for this project are located in the Attachments Section.
The Contractor shall furnish all labor, materials, equipment and insurance to perform all work required for said project in strict accordance with the Contract Documents and all related Drawings, Manuals and Specifications. The said Documents and any supplemental general conditions are incorporated herein by reference and are made part of this Agreement.
Questions shall be submitted via Town’s e-Procurement Portal Question & Answer feature by 11:00 am on Friday, June 26, 2026 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.
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 the Contractor 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. Contractor has familiarized himself or herself with the nature and extent of the Contract
Documents, work, locality, and with all local conditions and federal, state, and local laws, rules, ordinances, and regulations that in any manner may affect costs, progress, or performance of the work. Contractor has made, or has caused to be made, examinations, investigations, and tests and studies of such reports and related data in addition to those referred to in the paragraph above as he deems necessary for the performance of the work at the Contract Price, within the Contract Time, and in accordance with the other Terms and Conditions of the Contract Documents; and no additional examinations, tests, investigations, reports, and similar data are or will be required by the Contractor for such purposes. Contractor has correlated the results of all such observations, examinations, investigations, tests, reports, and data with the Contract Documents. Contractor has given the Owner written notice of all conflicts, errors, or discrepancies that he has discovered in the Contract Documents, and the resolution thereof by the Owner is acceptable to the Contractor.
It is further agreed and understood that the Contractor shall not use or be entitled to use any of the information made available to him/her or obtained in any examination made by him/her in anymanner as a basis of or ground for any claim or demand against the Owner, arising from or by reason of any variance which may exist between the information made available and the actual subsurface conditions or other conditions or structures actually encountered during the construction work, except as may otherwise be expressly provided for in the Contract Documents.
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 David Sequeira, Procurement and Contracts manager. 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.
Failure to acknowledge any addenda may result in disqualification
The Bidder has full responsibility to ensure the Bid is submitted at the Hingham Town’s e-Procurement Portal within the deadline. The Town of Hingham assumes no responsibility for any delays in bid submission. Bids will be opened automatically on the portal on Thursday, July 2, 2026 at 11:00 am.
The Town's portal will not allow bids to be uploaded after the IFB due date and time.
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.
Bids for the Work are subject to the provisions of General Laws Chapter 149, Sections 44A- 44J inclusive, as amended and Section 39M through 39R of Chapter 30 as amended. Regulations governing bidding procedure as set forth in above mentioned General Laws must be followed.
In the event of any inconsistencies between any of the provisions of these Bidding Documents and of the cited statute, anything herein to the contrary notwithstanding, the provisions of the said statute shall control.
No claims for immunity or exceptions predicated upon misunderstanding or failure to correctly interpret the “Invitation for Bid” or the contract Documents will be allowed.
A 5% bid security (bond or certified check) is required with each bid. For fully executed bid bonds, scan and upload them as part of your electronic bid submission. Treasurer's, cashier's or certified checks may be scanned and uploaded also, then the original must be mailed or delivered to: Hingham Department of Public Works located at 25 Bare Cove Park Drive, Hingham, MA 02043, Attn: David Sequeira. If the scanned check is uploaded prior to bid due date and time, it will be considered as received.
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.
The Awarding Authority reserves the right to reject any and/or all bids, waive minor informalities and award the contract in the best interest of the Town.
Bids shall be publicly opened automatically via Town's e-Procurement Portal on Thursday, July 2, 2026 at 11:00 am.
Qualified sub bidders and a tabulation sheet will be forwarded to the General Contractors.
The Owner reserves the right to terminate this contract at any time, or for any reason deemed in the best interest of the Owner.
Bidders requiring additional information, or interpretation of the specification and bid documents, must make request for such information through the question section of the electronic bid portal. Should the bidder find discrepancies in, or omissions from, the plans, specifications, or other contract documents, or should the bidder be in doubt as to their meaning, it should be submitted through the portal prior to the submission deadline.
Answers to all requests will be published on the project portal and registered bidders will be notified when answers are published. No other explanation or interpretation will be considered official or binding.
As a registered bidder, you will also receive addenda notifications to your email by clicking “Follow” on this project.
The Town may, during the bidding period, advise the Bidders by posted and published addenda of additions, omissions, or alterations in the Specifications and drawings. All such changes shall become a part of the contract and shall be included in the work covered by the bid.
Failure to acknowledge any addenda may result in disqualification.
Qualified Sub Bids will be submitted to GC
Qualified Sub Bids will be submitted to GC
All vendor communications concerning this Invitation for Bid shall be directed exclusively via the Questions and Answers Section.
FURTHER EXPLANATION TO BIDDERS
The Town of Hingham and all of its departments are exempt from Massachusetts Sales Tax. A copy of the Certificate of Exemption is available upon request.
This contract requires Bidders to bid on additional contract work that will be considered for award contingent upon available funds. The award of this project does not guarantee work for add alternate(s) section(s). The Bidder shall submit a bid for each add alternate(s) on the bid form sheet provided. The Owner shall award the contract on the value of the BASE BID plus Add Alternate 1. Add Alternate 2 will be added to the awarded contract if Owner has available budget. Add Alternate 1 will be deducted from the awarded contract if Owner has available budget for the Base Bid only.
See section QUALIFICATIONS, SPECIFICATIONS and SCOPE OF WORK for information regarding the alternates. Bid on the alternates in section BID PRICE.
A “Certificate of Insurance” demonstrating the following requirements are in effect must be provided with this bid response:
Where the term Owner and/or Awarding Authority is used in these Specifications, and other Contract Documents, same refers to the ("Town") Town of Hingham, Massachusetts.
The Owner will not allow escalation of prices during the contract term for fuel adjustment.
Failure to submit required documents shall result in disqualification of the bid per M.G.L.
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.
A change may be made by the Procurement and Contracts Manager 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 David Sequeira, Procurement and Contracts manager. 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.
In the event of any inconsistencies related to the solicitation, all applicable laws shall control.
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.
The Owner must be listed as “additional insured” on the insurance certificate if awarded the contract.
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.
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."
Bidders may withdraw a bid, without penalty, between the close of the bid due date up to the time of Award, and upon demonstrating, to the satisfaction of the Awarding Authority, that a bona fide clerical error was made during the preparation of the bid. Failure to conclusively demonstrate a bona fide clerical error may result in forfeiture of the bid deposit.
In the event of a General Bid Withdrawal after Opening of Bids, the Awarding Authority shall consider the bid from the next lowest eligible and responsible bidder.
Pursuant to the provision of MGL Chapter 149, as amended, the Contractor (and 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.
Completed bids must be received prior to the submission deadline 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 a official authorized personnel to legally bind the Bidder.
The Bidder has full responsibility to ensure the Bid is submitted at the Hingham Town’s e-Procurement Portal within the deadline. The Town of Hingham assumes no responsibility for any delays in bid submission. Bids will be opened automatically on the portal on the submission date. The Awarding Authority will review all submittals from each bidder.
Bids will only be accepted through the OpenGov Portal ONLY
This contract shall be awarded to the lowest responsible and eligible bidder based upon the base bid amount. Such a bidder must possess the skill, ability and integrity necessary for the faithful performance of the work and shall establish his ability to comply with the schedule of work outlined in the Contract section. The term “lowest responsible and eligible bidder” as used herein shall mean the bidder whose bid is the lowest of those bidders possessing the skill, ability and integrity necessary for the faithful performance of the work within the time limit allowed.
Action on the award will be taken within thirty (30) business days after the opening of the General Bids.
All qualified Filed Sub Bids will be submitted to the General Bidders
Hingham Public Library
66 Leavitt Street
Hingham MA 02043
Regardless of any notification of award to any prospective Contractor, all bids remain open and acceptable by the Town for sixty (60) business 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.
The awarded contractor will be notified by the Procurement and Contracts Manager via OpenGov.
The Awarded General Bidder shall sign and acknowledge the Notice of Award before the commencement of construction
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.
It is the duty of Contractor to promptly notify the Town 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 the Town 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. The Town on receipt of any such notice, will promptly investigate the circumstances and give appropriate instructions to the Contractor.
The c. 149 contract shall be signed by both parties (GC and Town) before the commencement of construction.
Once final authorization is granted by the Town, the Contractor will receive an official Notice to Proceed ("NTP"). This NTP will allow the awarded Contractor to begin the permitting process.
The Awarded General Bidder shall sign and acknowledge the Notice to Proceed before the commencement of construction
The contract with the Town will consist of the following:
Each bidder shall carefully examine the Contract Documents, shall visit the site, and fully inform themselves as to all existing and controlling conditions and limitations. The submission of a bid shall be conclusive evidence that the Bidder is familiar with all such conditions, including the nature, amount, and location of the work, the type of facilities needed preliminary to and during the execution of the work, the general and local conditions, labor conditions, and all other matters which might in any way affect or have a bearing on the work or its cost.
The Contractor shall include all charges for labor, work, material, tools, staging, equipment and supervision that Contractor deems necessary in order to complete, in a thoroughly professional and expeditious manner, all the work described hereafter. All work shall be according to code and approved by the proper authority. Material having salvage value shall become the property of the Town. All other material and debris accumulated as a result of this operation shall become the property of the contractor and shall be removed from the premises by the Contractor.
Prior to the Contractor invoicing the Town, the premises must be cleaned from all debris to the satisfaction of the Town of Hingham.
The successful bidder shall secure all permits and licenses necessary for the proper execution and completion of the work.
The Town will waive or pay for, as applicable, fees for all necessary permits
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 and unavoidable increase of time for the completion of the contract, a suitable extension of the time of completion shall be made.
The Contractor shall start the work under this Contract on written notice from and on date set by the Town. The Contractor shall start the work at the building on the date set by the Town and shall continue, without interruption through completion.
A. September 2026, Required Permitting and Commence Construction
B. October 2026, Ongoing Construction
C. January 31, 2027, Completion of Project and Final Inspections, if applicable
The inspection of the work shall not relieve the Contractor of any 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 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. If any material brought to the site for use in the work or selected for the same, shall be condemned by the Town 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, their 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 in accordance with the requirements set forth in this document and specifications.
Failure to complete the any work that is deemed satisfactory by the Town may result in the Owner terminating the remaining period of the contract without obligation or recourse.
Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work, and to discuss the schedule procedures for handling Shop Drawings, Samples, and other Submittals, processing Applications for Payment, electronic or digital transmittals, and maintaining required records.
At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit and receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party.
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, 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.
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.
See the Attachments Section Project Specifications
The library will be occupied during normally scheduled days. All noise control measures, including equipment and vehicular use that may interfere with the operations of the library, shall be fully coordinated in advance with the Library Building Maintenance Supervisor and/or Library Director.
Contractor parking, staging, dumpster placement and all other daily fundamental operations are to be coordinated through the Library Building Maintenance Supervisor and/or the Library Director.
The Contractor shall notify the Library Building Maintenance Supervisor and/or the Library Director within at least 24 hours when/if the Contractor is in need of coordination with personnel, deliveries or other related work associated with the bid.
The Contractor further agrees that the work shall be at all times under the immediate supervision of the 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 Town, Engineer or Consultant will in no way diminish the responsibility of the Contractor or release 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 Town, Engineer or Consultant and by all persons employed on the work.
The Contractor must accept full responsibility for providing licensed, qualified, experienced workers who can perform the work required.
The Town of Hingham and all of its departments are exempt from Massachusetts Sales Tax. A copy of the Certificate of Exemption is available upon request.
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.
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 to no additional cost to the Town as the Town may require assuring that the finished work is completed as required by the drawings and specifications.
The Town 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.
7:00AM - 6:00PM Monday-Friday
8:00AM - 5:00PM Saturday
No Work on Sundays
This includes mobilization of all construction vehicles.
Construction outside of the Hours of Operation must be approved by the Chief of Police, the Board of Health, the Building Department the Town Administrator and/or Select Board.
The contractor is responsible and liable for any damages that is done to/on the property with machinery and/or related tools. All Town property must be handled with care.
The Contractor shall provide all necessary paperwork (insurance certification, bonds, etc.) within 10 business days of the award notice.
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.
The contract requires Prevailing Wage, See updated sheets in the Attachments Section.
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.
The Owner may delay the beginning of all or any part of the work if deemed 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 shall certify in writing to be equitable.
Notwithstanding anything to the contrary in any of the Contract Documents, the Contractor hereby agrees that the Contractor shall have no claim for damages of any kind against the Owner or the Designer on account of any delay in the commencement or performance of any of the work or any delay or suspension of any portion of the work, whether such delay is caused by the Owner, the Designer, or otherwise. The Contractor acknowledges that the Contractor's sole remedy for any such delay and/or suspension will be an extension of time as provided hereunder.
The Owner may delay the commencement of the work, or any part thereof, due to unforeseen circumstances or conditions which have a bearing on the work required under the Contract or for any other reason, if it is deemed to be in the best interest of the Owner to do so. The Contractor shall have no claim for damages on account of such delay, but shall be entitled to so much additional time in which to complete the whole or any portion of the work as provided hereunder
Substantial completion shall be defined by statute M.G.L. c.30, 39G, or owner has taken possession of a building for occupancy M.G.L. c.30, 39K
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 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 when such correction is necessary for the proper fulfillment of their intention as interpreted by the Town. 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.
Each successful bidder will be required to present to the Town a Certificate of Insurance, which is to include coverage for General Liability, Automobile Liability, Property Damage, and Worker Compensation and Employer’s Liability. The Town of Hingham, Massachusetts shall be named as additional insured on the company’s Certificate of Insurance. Certificates are required within ten (10) business days from the award.
Insurance Requirements:
Commercial Liability: General Aggregate: $2,000,000;
Products Completed Operations Aggregate $2,000,000;
Personal Injury & Advertising Limit $1,000,000; Each Occurrence $1,000,000
Owner’s Commercial Liability: General Aggregate: $2,000,000;
Protective Liability: Each Occurrence/Aggregate $1,000,000/$1,000,000;
Automobile Liability-For All Owned, Non-Owned, Hired & Leased Vehicles:
Bodily Injury: Each Person/Each Accident $1,000,000;
Property Damage: Each Occurrence $1,000,000;
Pollution coverage: $1,000,000;
Excess Liability: Each Occurrence/Aggregate – Umbrella Form $3,000,000;
Workers Compensation: Statutory.
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 the Contractor in any manner as a basis of or ground for any claim or demand against the Owner or the Town, 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.
The Contractor hereby assumes the entire responsibility and liability for any and all injury to or death of any and all persons, including the Contractor’s employees, and for any and all damage to property caused by, resulting from or arising out of any act, omission, or neglect on the part of the Contractor or of any subcontractor or of anyone directly or indirectly employed by any of them, or of anyone for whose acts any of them may be liable in connection with operations under the Contract.
The Contractor further agrees to indemnify and hold harmless the Owner including the agents, employees, and representatives from and against all claims, damages, losses and expenses, including attorneys’ fees, arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting there from, and (2) is caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder.
In any and all claims against the Owner or any of their agents or employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under Workmen’s Compensation Acts, disability benefit acts or other employee benefit acts.
The intent of the specifications regarding insurance is to specify minimum coverages and minimum limits of liability acceptable under the Contract. However, it shall be the Contractor’s responsibility to purchase and maintain insurance of such character and in such amounts as will adequately protect him and the Owner from and against all claims, damages, losses and expenses resulting from exposure to any casualty liability in the performance of the work, except for exclusions defined herein before.
Where connections are feasible through an existing water source, at no charge to the Contractor, within reason, water will be made available for short-term use where the facilities exist to supply water. Conduits (pipe, hoses etc.) for the water shall be supplied by the Contractor. If the facilities are not accessible it will be the Contractor’s responsibility to supply their own water source.
If an additional water source is needed, the Contractor must notify the Town prior to the commencement of construction.
The proposed water source must be approved by the Town.
Where connections are feasible through an existing electrical source, at no charge to the Contractor, within reason, 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.
If an additional electrical source is needed, the Contractor must notify the Town prior to the commencement of construction.
The proposed electrical source must be approved by the Town.
Any out of scope work and labor unforeseen by the Town shall be presented to the Town in writing.
It is the Contractor’s responsibility to contact DIG SAFE or any other utility company not notified per Dig Safe such as the Weir River Water System, Hingham Sewer Department and the Hingham Municipal Light Plant.
Any and all requested change orders by the Contractor must be approved by the Town. In addition, a new quote must be submitted with a description and justification of change order that requires Town Administrator final signature authorization.
The requirements for authorized change orders would fall under the categories of 1. Unforeseen Site Conditions, 2. Suspension and/or Delay of Project by the Town, and 3. Changes to Plans and/or Specifications.
In the event that a change order is deemed necessary, an amended contract/agreement must be signed by the Contractor and Town.
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 warranty will be warranted for one (1) 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.
Off-duty police officers: if required by the Owner for traffic control will be paid for by the Owner directly. If Town of Hingham police officers (hereinafter police officers) are to direct and control traffic during construction, as instructed and directed by the Town of the user department. This item will be used only at the discretion of the Town, Engineer or Consultant.
The Town’s liability for payments are subject to the appropriation of sufficient funds.
The acceptance of final payment by the Contractor shall constitute a waiver of any and all claims against the Town by the Contractor arising under this Agreement.
The Contractor will be required to store material and equipment in a location, which will not interfere with the normal operations of the library, 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 the Contractor's own expense.
The Contractor will pay the cost 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, before final payment to the Contractor is approved by the Town. It will be the Contractor's responsibility to protect and secure their own property and equipment at all times.
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.
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.
Final payment will not be made until the premises is properly cleaned by the Contractor that is deemed satisfactory by the Town
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 and enjoy full authority to execute any such Town orders and to supply materials, tools and labor without delay.
The Contractor shall possess all the necessary permits to complete this project applicable by law.
Furthermore, by responding to this bid, the Contractor agrees to a professional working manner with other Town Departments that may be involved with this project.
In the event of any inconsistencies related to the solicitation, all applicable laws shall control.
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.
Please indicate how long the bidder has been in business under present entity.
Contractor shall briefly list and describe the qualifications of the entity to complete the project.
Bidder shall highlight the minimum qualifications that are required for this project.
Listing the Town as additional insured
Bid security must be a bid bond, a treasurer's, certified or cashier's check payable to the Town of Hingham. Fully executed bid bonds must be scanned and uploaded. If submitting a check, it can be scanned and uploaded, followed up by submitting by mail or deliver to: Hingham Town DPW located at 25 Bare Cove Park Drive, Hingham, MA 02043 Attn: David Sequeira, checks scanned and uploaded before the date and time bids are due will be considered received.
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.
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)
Required Documents for Bidder.
Failure to upload may result in automatic disqualification and may not be uploaded after bid opening. (BOTH FORMS)
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.
Required Document for Bidder.
Failure to upload shall result in automatic disqualification and may not be uploaded after bid opening.
Required Document for Bidder.
Failure to upload shall result in automatic disqualification and may not be uploaded after bid opening.
A COMPLETE UPDATE STATEMENT IS REQUIRED. The first page will not be sufficient.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Required Document for Bidder.
Failure to upload shall result in automatic disqualification and may not be uploaded after bid opening.
Required Document for Bidder.
Failure to upload shall result in automatic disqualification and may not be uploaded after bid opening.
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.
Required Document for Bidder.
Failure to upload may result in automatic disqualification
By submitting this bid and confirming below, the bidder affirms the following:
To the Town of Hingham, Massachusetts (hereinafter called the "Town”):
In compliance with your invitation for bids for the “Library Chiller Replacement Project: Filed Sub-Bidders LCRPATM26ART16”, 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. 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.
By confirming, the bidder acknowledges the Sample Agreement in the Attachments Section
The undersigned bidder hereby certifies, under pains and penalties of perjury, that the foregoing bid is based upon the payment to laborers to be employed on the project of wages in an amount no less that the applicable prevailing wage rates established for the project by the Massachusetts Department of Labor and Workforce Development. The undersigned bidder agrees to indemnify the awarding authority for, from and against any loss, expense, damages, actions or claims, including any expense incurred in connection with any delay or stoppage of the project work arising out of or as a result of (1) the failure of the said bid to be based upon the payment of the said applicable prevailing wage rates or (2) the failure of the bidder, if selected as the contractor, to pay laborers employed on the project the said applicable prevailing wage rates.
The Contractor certifies that it is qualified and certified to provide the labor, work and materials hereunder and that the person executing this Agreement on behalf of the Contractor is duly authorized to execute this Agreement.
By confirming, the Contractor shall comply with all federal, state and local laws, regulations, bylaws and rules applicable to this Agreement and shall obtain all necessary bonds, licenses, permits and approvals applicable to this Agreement.
By confirming, the Contractor certifies that the execution of this Agreement and the providing of labor, work and materials hereunder by the Contractor and any third party or subcontractor is and shall be in full compliance with the applicable conflict of interest laws including M.G.L. c. 268A and that there are no existing conflicts of interest which would prohibit the Contractor from providing labor, work and materials hereunder.
By confirming, the Contractor has acknowledged on the bid form and is aware, has received and fully understands any and all posted addendum, notices and questions during this IFB posting.
Failure to acknowledge may result in disqualification.
By confirming, the bidder acknowledges that their business entity is in current good standing with the Secretary of State's Office at the time of submission.
Failure to acknowledge may result in disqualification.
By confirming, the Contractor has reviewed any and all bid documents in the Attachments Section and fully understands the assigned work by the Town;
and,
the Contractor agrees to the terms in this solicitation and is authorized to submit this bid response on behalf of my company
A minimum of 3 similar public projects is required. Provide the information below:
Contractor shall upload a PDF with at least 3 refences of similar work with 1 being a Massachusetts municipality within the last 2 years. The information must include the following:
Failure to acknowledge may result in disqualification.
Is a consultant collaborating with you on this project?
Consultant Name, Contact Person, Email
Select the payment method below:
Please select from the permit options below:
SLED stands for State, Local, and Education. These are solicitations issued by state governments, counties, cities, school districts, utilities, and higher education institutions — as opposed to federal agencies.
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