Active SLED Opportunity · MASSACHUSETTS · TOWN OF HINGHAM
AI Summary
Town of Hingham seeks bids for HVAC chiller replacement at its public library. The project includes engineering studies and construction with an estimated value of $1.4M. Bidders must be DCAMM certified in HVAC and comply with Massachusetts laws. Mandatory site visit on 2026-06-24; bids due 2026-07-09 via e-Procurement Portal.
The Town of Hingham Public Library located at 66 Leavitt Street, Hingham, MA 02043, 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.
The Town has retained an engineering consultant to assist with the Project; referred to herein as the Consultant. The Consultant is Allied Consulting Engineering Services .
To be considered responsible and eligable, 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 General Contractor must be DCAMM Certified in HVAC.
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.
Questions shall be submitted via Town’s e-Procurement Portal Question & Answer feature by 11:00 am on Friday, July 3, 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.
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.
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
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.
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 9, 2026 at 11:00 am.
The Town's portal will not allow bids to be uploaded after the IFB due date and time.
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 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.
Bids shall be publicly opened automatically via Town's e-Procurement Portal on Thursday, July 9, 2026 at 11:00 am.
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.
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 of Hingham will award a contract to the LOWEST RESPONSIVE AND RESPONSIBLE BIDDER based on the BASE BID PRICE plus ADD/ALT 1 (Bid Price) which is within the Town’s budgeted amount. If the Town has sufficient funding for the Base Bid of the prospectively Awarded Contractor, but not for ADD/ALT 1, the ADD/ALT 1 will be deducted and the contract will be awarded at the Base Bid Price. 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.
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.
The award will be made to the lowest responsible and eligible bidder.
It is critical that the bidder complete all documentation that is required with this IFB for full eligibility
All vendor communications concerning this Invitation for Bid shall be directed exclusively via the Questions and Answers Section.
FURTHER EXPLANATION TO BIDDERS
The Owner will consider the bid portion of the price Bid based on the following order:
Bid Price which will include the BASE BID plus ADD-ALTERNATE 1.
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.
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.
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:
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.
In the event of any inconsistencies related to the solicitation, all applicable laws shall control.
The Owner must be listed as “additional insured” on the insurance certificate.
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.
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.
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.
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.
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.
Regardless of any notification of award to any prospective Contractor, all bids remain open and acceptable by the Owner for sixty (60) business 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.
Hingham Public Library
66 Leavitt Street
Hingham, MA 02043
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
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.
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 Bids.
General Bidders shall sign Agreement with the Town before commencement of construction
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
The c. 149 contract shall be signed by both parties (GC and Town) before the commencement of construction.
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.
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
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 contract with the Town will consist of the following:
The inspection of the work shall not relieve the Contractor of any of their 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, 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 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.
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.
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 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
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/Novemver/December 2026, Ongoing Construction
C. January 31, 2027, Completion of Project and Final Inspections, if applicable
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.
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 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 must accept full responsibility for providing licensed, qualified, experienced workers who can perform the work required.
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 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 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 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.
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.
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.
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
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 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 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.
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.
The contract requires Prevailing Wage, See updated sheets in the Attachments Section.
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.
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.
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) calendar 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.
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.
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.
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.
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 Engineer or his Consultant of the user department. This item will be used only at the discretion of the Town, Engineer or Consultant.
Any out of scope work and labor unforeseen by the Town shall be presented to the Town.
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.
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.
In the event that a change order is deemed necessary, an amended contract/agreement must be signed by the Contractor and Town.
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.
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.
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
Certain excerpts from the Massachusetts General Laws are applicable to Construction contracts. Attention is directed to the following Sections of Chapter 149 as amended.
M.G.L. Chapter 149, Section 34. Public contracts; stipulation as to hours and days of work; void contracts.
Section 34. "Every contract, except for the purchase of material or supplies, involving the employment of laborers, workmen, mechanics, foremen or inspectors, to which the commonwealth or any county or any town, subject to section thirty, is a party, shall contain a stipulation that no laborer, workman, mechanic, foreman or inspector working within the commonwealth, in the employ of the contractor, sub-contractor or other person doing or contracting to do the whole or a part of the work contemplated by the contract, shall be required or permitted to work more than eight hours in any one day or more than forty-eight hours in any one week, or more than six days in any one week, except in cases of emergency, or, in case any town subject to section thirty-one is a party to such a contract, more than eight hours in any one day, except as aforesaid..."
M.G.L. Chapter 149, Section 34A. Contracts for public works; workers’ compensation insurance; breach of contract; enforcement and violation of statute.
Section 34A. "Every contract for the construction, alteration, maintenance, repair or demolition of, or addition to, any public building or other public works for the commonwealth or any political subdivision thereof shall contain stipulations requiring that the contractor shall, before commencing performance of such contract, provide by insurance for the payment of compensation and the furnishing of other benefits under chapter one hundred and fifty-two to all persons to be employed under the contract, and that the contractor shall continue such insurance in full force and effect during the term of the contract. No officer or agent contracting in behalf of the commonwealth or any political subdivision thereof shall award such a contract until he has been furnished with sufficient proof of compliance with the aforesaid stipulations. Failure to provide and continue in force such insurance as aforesaid shall be deemed a material breach of the contract and shall operate as an immediate termination thereof. No cancellation of such insurance, whether by the insurer or by the insured, shall be valid unless written notice thereof is given by the party proposing cancellation to the other party and to the officer or agent who awarded the contract at least fifteen days prior to the intended effective date thereof, which date shall be expressed in said notice. Notice of cancellation sent by the party proposing cancellation by registered mail, postage prepaid, with a return receipt of the addressee requested, shall be a sufficient notice..."
M.G.L. Chapter 149, Section 44F. Plans and specifications; sub-bids; form; contents. First paragraph of clause I of subdivision (2) of section 44F.
Section 44F. “The undersigned hereby certifies that he is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed on the work; 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 he will comply fully with all laws and regulations applicable to awards of subcontracts subject to section 44F.”
M.G.L. Chapter 149. Section 44J. Invitations to bid; notice; contents; violations; penalty.
"(1) No public agency or authority of the commonwealth or any political subdivision thereof shall award any contract for which competitive bids are required pursuant to section forty-four A of this chapter or section thirty-nine M of chapter thirty, or for which competitive proposals are required pursuant to subsection (4) of section forty-four E of this chapter or section eleven C of chapter twenty-five A, unless a notice inviting bids or proposals therefor shall have been posted no less than one week prior to the time specified in such notice for the receipt of said bids or proposals in a conspicuous place in or near the offices of the awarding authority, and shall have remained posted until the time so specified, and unless such notice shall also have been published at least once not less than two weeks prior to the time so specified in the central register published by the secretary of state pursuant to section twenty A of chapter nine and in a newspaper of general circulation in the locality of the proposed project, and on the COMMBUYS system administered by the operational services division. Said notice shall also be published at such other times and in such other newspapers or trade periodicals as the commissioner of capital asset management and maintenance may require, having regard to the locality of the work involved.
(2) Said notice shall specify the time and place where plans and specification of the proposed work may be had; the time and place of submission of general bids; and the time and place for opening of the general bids. For contracts subject to the provisions of section forty-four A to H, inclusive, of this chapter, said notice shall also specify the time and place for submission of filed sub-bids, where required pursuant to section forty-four F; and the time and place for opening of said filed sub-bids.
Said notice shall also provide sufficient facts concerning the nature and scope of such project, the type and elements of construction, and such other information as will assist applicants in deciding to bid on such contract.
(3) No contract or preliminary plans and specifications shall be split or divided for the purpose of evading the provisions of this section.
(4) General bids and filed sub-bids for any contract subject to this section shall be in writing and shall be opened in public at the time and place specified in the posted or published notice, and after being so opened shall be open to public inspection.
(5) The provisions of this section shall not apply to any transaction between the commonwealth and any public service corporation.
(6) The provisions of this section may be waived in cases of extreme emergency involving the health and safety of the people and their property, upon the written approval of said commissioner. The written approval shall contain a description of the circumstances and the reasons for the commissioner's determination. 12/12/2019 00 73.43-B-5
(7) Whoever violates any provision of this section shall be punished by a fine of not more than ten thousand dollars or by imprisonment in the state prison for not more than three years or in a jail or house of correction for not more than two and one-half years, or by both said fine and imprisonment; and in the event of final conviction, said person shall be incapable of holding any office of honor, trust or profit under the commonwealth or under any county, district of municipal agency. Each and every person who shall cause or conspire to cause any contract or preliminary plans and specifications to be split or divided for the purpose of evading the provisions of this section shall forfeit and pay to the commonwealth, a political subdivision thereof or other awarding authority subject to this section, the sum of not more than five thousand dollars and, in addition, such person or persons shall pay, apportioned among them, double the amount of damages which the commonwealth or political subdivision thereof or other awarding authority may have sustained by reason of the doing of such act, together with the costs of the action.
(8) If an awarding authority rejects all general bids or does not receive any general bids, and advertises for a second opening of general bids with the original filed sub-bids as set forth in subsection (1) of section forty-four E the notice for receipt of such general bids may be published in the central register and elsewhere as required not less than one week prior to the time specified for such second opening of general bids.
(9) No request for proposals or invitation for bids issued under sections 38A ½ to 38O, inclusive, of chapter 7, section 11C of chapter 25A, section 39M of chapter 30, this section and sections 44A to 44H, inclusive, shall be advertised if the awarding authority’s cost estimate is greater than 1 year old.”
M.G.L. Chapter 30, Section 39F. Construction contracts; assignment and subrogation; subcontractor defined; enforcement of claim for direct payment; deposit; reduction of disputed amounts.
"(1) Every contract awarded pursuant to sections forty-four A to L, inclusive, of chapter one hundred and forty-nine shall contain the following subparagraphs (a) through (i) and every contract awarded pursuant to section thirty-nine M of chapter thirty shall contain the following subparagraphs (a) through (h) and in each case those subparagraphs shall be binding between the general contractor and each subcontractor.
(a) Forthwith after the general contractor receives payment on account of a periodic estimate, the general contractor shall pay to each subcontractor the amount paid for the labor performed and the materials furnished by that subcontractor, less any amount specified in any court proceedings barring such payment and also less any amount claimed due from the subcontractor by the general contractor.
(b) Not later than the sixty-fifth day after each subcontractor substantially completes his work in accordance with the plans and specifications, the entire balance due under the subcontract less amounts retained by the awarding authority as the estimated cost of completing the incomplete and unsatisfactory items of work, shall be due the subcontractor; and the awarding authority shall pay that amount to the general contractor. The general contractor shall forthwith pay to the subcontractor the full amount received from the awarding authority less any amount specified in any court proceedings barring such payment and also less any amount claimed due from the subcontractor by the general contractor.
(c) Each payment made by the awarding authority to the general contractor pursuant to subparagraphs (a) and (b) of this paragraph for the labor performed and the materials furnished by a subcontractor shall be made to the general contractor for the account of that subcontractor; and the awarding authority shall take reasonable steps to compel the general contractor to make each such payment to each such subcontractor. If the awarding authority has received a demand for direct payment from a subcontractor for any amount which has already been included in a payment to the general contractor or which is to be included in a payment to the general contractor for payment to the subcontractor as provided in subparagraphs (a) and (b), the awarding authority shall act upon the demand as provided in this section.
(d) If, within seventy days after the subcontractor has substantially completed the subcontract work, the subcontractor has not received from the general contractor the balance due under the subcontract including any amount due for extra labor and materials furnished to the general contractor, less any amount retained by the awarding authority as the estimated cost of completing the incomplete and unsatisfactory items of work, the subcontractor may demand direct payment of that balance from the awarding authority. The demand shall be by a sworn statement delivered to or sent by certified mail to the awarding authority, and a copy shall be delivered to or sent by certified mail to the general contractor at the same time. The demand shall contain a detailed breakdown of the balance due under the subcontract and also a statement of the status of completion of the subcontract work. Any demand made after substantial completion of the subcontract work shall be valid even if delivered or mailed prior to the seventieth day after the subcontractor has substantially completed the subcontract work. Within ten days after the subcontractor has delivered or so mailed the demand to the awarding authority and delivered or so mailed a copy to the general contractor, the general contractor may reply to the demand. The reply shall be by a sworn statement delivered to or sent by certified mail to the awarding authority and a copy shall be delivered to or sent by certified mail to the subcontractor at the same time. The reply shall contain a detailed breakdown of the balance due under the subcontract including any amount due for extra labor and materials furnished to the general contractor and of the amount due for each claim made by the general contractor against the subcontractor.
(e) Within fifteen days after receipt of the demand by the awarding authority, but in no event prior to the seventieth day after substantial completion of the subcontract work, the awarding authority shall make direct payment to the subcontractor of the balance due under the subcontract including any amount due for extra labor and materials furnished to the general contractor, less any amount (i) retained by the awarding authority as the estimated cost of completing the incomplete or unsatisfactory items of work, (ii) specified in any court proceedings barring such payment, or (iii) disputed by the general contractor in the sworn reply; provided, that the awarding authority shall not deduct from a direct payment any amount as provided in part (iii) if the reply is not sworn to, or for which the sworn reply does not contain the detailed breakdown required by subparagraph (d). The awarding authority shall make further direct payments to the subcontractor forthwith after the removal of the basis for deductions from direct payments made as provided in parts (i) and (ii) of this subparagraph.
(f) The awarding authority shall forthwith deposit the amount deducted from a direct payment as provided in part (iii) of subparagraph (e) in an interest-bearing joint account in the names of the general contractor and the subcontractor in a bank in Massachusetts selected by the awarding authority or agreed upon by the general contractor and the subcontractor and shall notify the general contractor and the subcontractor of the date of the deposit and the bank receiving the deposit. The bank shall pay the amount in the account, including accrued interest, as provided in an agreement between the general contractor and the subcontractor or as determined by decree of a court of competent jurisdiction.
(g) All direct payments and all deductions from demands for direct payments deposited in an interest-bearing account or accounts in a bank pursuant to subparagraph (f) shall be made out of amounts payable to the general contractor at the time of receipt of a demand for direct payment from a subcontractor and out of amounts which later become payable to the general contractor and in the order of receipt of such demands from subcontractors. All direct payments shall discharge the obligation of the awarding authority to the general contractor to the extent of such payment.
(h) The awarding authority shall deduct from payments to a general contractor amounts which, together with the deposits in interest-bearing accounts pursuant to subparagraph (f), are sufficient to satisfy all unpaid balances of demands for direct payment received from subcontractors. All such amounts shall be earmarked for such direct payments, and the subcontractors shall have a right in such deductions prior to any claims against such amounts by creditors of the general contractor.
(i) If the subcontractor does not receive payment as provided in subparagraph (a) or if the general contractor does not submit a periodic estimate for the value of the labor or materials performed or furnished by the subcontractor and the subcontractor does not receive payment for same when due less the deductions provided for in subparagraph (a), the subcontractor may demand direct payment by following the procedure in subparagraph (d) and the general contractor may file a sworn reply as provided in that same subparagraph. A demand made after the first day of the month following that for which the subcontractor performed or furnished the labor and materials for which the subcontractor seeks payment shall be valid even if delivered or mailed prior to the time payment was due on a periodic estimate from the general contractor. Thereafter the awarding authority shall proceed as provided in subparagraph (e), (f), (g) and (h).
(2) Any assignment by a subcontractor of the rights under this section to a surety company furnishing a bond under the provisions of section twenty-nine of chapter one hundred forty-nine shall be invalid. The assignment and subrogation rights of the surety to amounts included in a demand for direct payment which are in the possession of the awarding authority or which are on deposit pursuant to subparagraph (f) of paragraph (1) shall be subordinate to the rights of all subcontractors who are entitled to be paid under this section and who have not been paid in full.
(3) ''Subcontractor'' as used in this section (i) for contracts awarded as provided in sections forty-four A to forty-four H, inclusive, of chapter one hundred forty-nine shall mean a person who files a sub-bid and receives a subcontract as a result of that filed sub-bid or who is approved by the awarding authority in writing as a person performing labor or both performing labor and furnishing materials pursuant to a contract with the general contractor, (ii) for contracts awarded as provided in paragraph (a) of section thirty-nine M of chapter thirty shall mean a person approved by the awarding authority in writing as a person performing labor or both performing labor and furnishing materials pursuant to a contract with the general contractor, and (iii) for contracts with the commonwealth not awarded as provided in forty-four A to forty-four H, inclusive, of chapter one hundred forty-nine shall also mean a person contracting with the general contractor to supply materials used or employed in a public works project for a price in excess of five thousand dollars.
(4) A general contractor or a subcontractor shall enforce a claim to any portion of the amount of a demand for direct payment deposited as provided in subparagraph (f) of paragraph 1 by a petition in equity in the superior court against the other and the bank shall not be a necessary party. A subcontractor shall enforce a claim for direct payment or a right to require a deposit as provided in subparagraph (f) of paragraph 1 by a petition in equity in the superior court against the awarding authority and the general contractor shall not be a necessary party. Upon motion of any party the court shall advance for speedy trial any petition filed as provided in this paragraph. Sections fifty-nine and fifty-nine B of chapter two hundred thirty-one shall apply to such petitions. The court shall enter an interlocutory decree upon which execution shall issue for any part of a claim found due pursuant to sections fifty-nine and fifty-nine B and, upon motion of any party, shall advance for speedy trial the petition to collect the remainder of the claim. Any party aggrieved by such interlocutory decree shall have the right to appeal therefrom as from a final decree. The court shall not consolidate for trial the petition of any subcontractor with the petition of one or more subcontractors or the same general contract unless the court finds that a substantial portion of the evidence of the same events during the course of construction (other than the fact that the claims sought to be consolidated arise under the same general contract) is applicable to the petitions sought to be consolidated and that such consolidation will prevent unnecessary duplication of evidence. A decree in any such proceeding shall not include interest on the disputed amount deposited in excess of the interest earned for the period of any such deposit. No person except a subcontractor filing a demand for direct payment for which no funds due the general contractor are available for direct payment shall have a right to file a petition in court of equity against the awarding authority claiming a demand for direct payment is premature and such subcontractor must file the petition before the awarding authority has made a direct payment to the subcontractor and has made a deposit of the disputed portion as provided in part (iii) of subparagraph (e) and in subparagraph (f) of paragraph (1).
(5) In any petition to collect any claim for which a subcontractor has filed a demand for direct payment the court shall, upon motion of the general contractor, reduce by the amount of any deposit of a disputed amount by the awarding authority as provided in part (iii) of subparagraph (e) and in subparagraph (f) of paragraph (1) any amount held under a trustee writ or pursuant to a restraining order or injunction."
M.G.L. Chapter 30, Section 39I. Deviations from plans and specifications.
"Every contractor having a contract for the construction, alteration, maintenance, repair or demolition of, or addition to, any public building or public works for the commonwealth, or of any political subdivision thereof, shall perform all the work required by such contract in conformity with the plans and specifications contained therein. No wilful and substantial deviation from said plans and specifications shall be made unless authorized in writing by the awarding authority or by the engineer or architect in charge of the work who is duly authorized by the awarding authority to approve such deviations. In order to avoid delays in the prosecution of the work required by such contract such deviation from the plans or specifications may be authorized by a written order of the awarding authority or such engineer or architect so authorized to approve such deviation. Within thirty days thereafter, such written order shall be confirmed by a certificate of the awarding authority stating: (1) If such deviation involves any substitution or elimination of materials, fixtures or equipment, the reasons why such materials, fixtures or equipment were included in the first instance and the reasons for substitution or elimination, and, if the deviation is of any other nature, the reasons for such deviation, giving justification therefor; (2) that the specified deviation does not materially injure the project as a whole; (3) that either the work substituted for the work specified is of the same cost and quality, or that an equitable adjustment has been agreed upon between the contracting agency and the contractor and the amount in dollars of said adjustment; and (4) that the deviation is in the best interest of the contracting authority.
Such certificate shall be signed under the penalties of perjury and shall be a permanent part of the file record of the work contracted for.
Whoever violates any provision of this section willfully and with intent to defraud shall be punished by a fine of not more than five thousand dollars or by imprisonment for not more than six months, or both."
M.G.L. Chapter 30, Section 39J. Public construction contracts; effect of decisions of contracting body or administration board.
"Notwithstanding any contrary provision of any contract for the construction, reconstruction, alteration, remodeling, repair or demolition of any public building or public works by the commonwealth, or by any county, city, town, district, board, commission or other public body, when the amount of the contract is more than five thousand dollars in the case of the commonwealth and more than two thousand dollars in the case of any county, city, town, district, board, commission or other public body, a decision, by the contracting body or by any administrative board, official or agency, or by any architect or engineer, on a dispute, whether of fact or of law, arising under said contract shall not be final or conclusive if such decision is made in bad faith, fraudulently, capriciously, or arbitrarily is unsupported by substantial evidence, or is based upon error of law."
M.G.L. Chapter 30, Section 39K. Public building construction contracts; payments.
"Every contract for the construction, reconstruction, alteration, remodeling, repair or demolition of any public building by the commonwealth, or by any county, city, town, district, board, commission or other public body, when the amount is more than five thousand dollars in the case of the commonwealth and more than two thousand dollars in the case of any county, city, town, district, board, commission or other public body, shall contain the following paragraph:— Within fifteen days (30 days in the case of the commonwealth, including local housing authorities) after receipt from the contractor, at the place designated by the awarding authority if such a place is so designated, of a periodic estimate requesting payment of the amount due for the preceding month, the awarding authority will make a periodic payment to the contractor for the work performed during the preceding month and for the materials not incorporated in the work but delivered and suitably stored at the site (or at some location agreed upon in writing) to which the contractor has title or to which a subcontractor has title and has authorized the contractor to transfer title to the awarding authority, upon certification by the contractor that he is the lawful owner and that the materials are free from all encumbrances, but less (1) a retention based on its estimate of the fair value of its claims against the contractor and less (2) a retention for direct payments to subcontractors based on demands for same in accordance with the provisions of section thirty-nine F, and less (3) a retention not exceeding five per cent of the approved amount of the periodic payment. After the receipt of a periodic estimate requesting final payment and within sixty-five days after (a) the contractor fully completes the work or substantially completes the work so that the value of the work remaining to be done is, in the estimate of the awarding authority, less than one per cent of the original contract price, or (b) the contractor substantially completes the work and the awarding authority takes possession for occupancy, whichever occurs first, the awarding authority shall pay the contractor the entire balance due on the contract less (1) a retention based on its estimate of the fair value of its claims against the contractor and of the cost of completing the incomplete and unsatisfactory items of work and less (2) a retention for direct payments to subcontractors based on demands for same in accordance with the provisions of section thirty-nine F, or based on the record of payments by the contractor to the subcontractors under this contract if such record of payment indicates that the contractor has not paid subcontractors as provided in section thirty-nine F. If the awarding authority fails to make payment as herein provided, there shall be added to each such payment daily interest at the rate of three percentage points above the rediscount rate than charged by the Federal Reserve Bank of Boston commencing on the first day after said payment is due and continuing until the payment is delivered or mailed to the contractor; provided, that no interest shall be due, in any event, on the amount due on a periodic estimate for final payment until fifteen days (twenty-four days in the case of the commonwealth) after receipt of such a periodic estimate from the contractor, at the place designated by the awarding authority if such a place is so designated. The contractor agrees to pay to each subcontractor a portion of any such interest paid in accordance with the amount due each subcontractor.
The awarding authority may make changes in any periodic estimate submitted by the contractor and the payment due on said periodic estimate shall be computed in accordance with the changes so made, but such changes or any requirement for a corrected periodic estimate shall not affect the due date for the periodic payment or the date for the commencement of interest charges on the amount of the periodic payment computed in accordance with the changes made, as provided herein; provided, that the awarding authority may, within seven days after receipt, return to the contractor for correction, any periodic estimate which is not in the required form or which contains computations not arithmetically correct and, in that event, the date of receipt of such periodic estimate shall be the date of receipt of the corrected periodic estimate in proper form and with arithmetically correct computations. The date of receipt of a periodic estimate received on a Saturday shall be the first working day thereafter. The provisions of section thirty-nine G shall not apply to any contract for the construction, reconstruction, alteration, remodeling, repair or demolition of any public building to which this section applies.
All periodic estimates shall be submitted to the awarding authority, or to its designee as set forth in writing to the contractor, and the date of receipt by the awarding authority or its designee shall be marked on the estimate. All periodic estimates shall contain a separate item for each filed subtrade and each sub-subtrade listed in sub-bid form as required by specifications and a column listing the amount paid to each subcontractor and sub-subcontractor as of the date the periodic estimate is filed. The person making payment for the awarding authority shall add the daily interest provided for herein to each payment for each day beyond the due date based on the date of receipt marked on the estimate.
A certificate of the architect to the effect that the contractor has fully or substantially completed the work shall, subject to the provisions of section thirty-nine J, be conclusive for the purposes of this section.
Notwithstanding the provisions of this section, at any time after the value of the work remaining to be done is, in the estimation of the awarding authority, less than 1 per cent of the adjusted contract price, or the awarding authority has determined that the contractor has substantially completed the work and the awarding authority has taken possession for occupancy, the awarding authority may send to the general contractor by certified mail, return receipt requested, a complete and final list of all incomplete and unsatisfactory work items, including, for each item on the list, a good faith estimate of the fair and reasonable cost of completing such item. The general contractor shall then complete all such work items within 30 days of receipt of such list or before the contract completion date, whichever is later. If the general contractor fails to complete all incomplete and unsatisfactory work items within 45 days after receipt of such items furnished by the awarding authority or before the contract completion date, whichever is later, subsequent to an additional 14 days' written notice to the general contractor by certified mail, return receipt requested, the awarding authority may terminate the contract and complete the incomplete and unsatisfactory work items and charge the cost of same to the general contractor and such termination shall be without prejudice to any other rights or remedies the awarding authority may have under the contract. The awarding authority shall note any such termination in the evaluation form to be filed by the awarding authority pursuant to the provisions of section 44D of chapter 149."
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 the Town of Hingham Department of Public Works, located at 25 Bare Cove 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 the 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.
Bidder shall upload an anticipated construction scheduled that is consistent with the Project Schedule stated in 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 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 ATM26ART16”, 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 bidder acknowledges that their business entity is in current good standing with the Secretary of State's Office at the time of submission.
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.
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:
Q (Prime Contractor Inquiry): I am reaching out to you to inquire if the above project requires that the HVAC Subcontractor is the Prime Contractor. Please advise when you have moment.. Kind Regards, Michele A Sutton Harold Brothers Estimating Coordinator
A: To confirm, the Prime Contractor shall be DCAMM certified in HVAC and act as the General Contractor for this project.
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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