TOWN OF BARNSTABLE DEPARTMENT OF PUBLIC WORKS INVITATION FOR BID PRECAST CONCRETE BOX CULVERT ISSUED: SEPTEMBER 26, 2011

Transcription

1 TOWN OF BARNSTABLE DEPARTMENT OF PUBLIC WORKS INVITATION FOR BID PRECAST CONCRETE BOX CULVERT ISSUED: SEPTEMBER 26, 2011 BID DUE: OCTOBER 13, 2011, 2 pm All potential bidders are required to be registered on the Town of Barnstable Bid & RFP System at This document and any addenda thereto are issued electronically only. It is the responsibility of every bidder who receives this bid document and all associated documents to check the Town of Barnstable Bid & RFP System for any addenda or modification to this solicitation, if they intend to respond. The Town of Barnstable accepts no liability to provide accommodation to bidders who submit a response based upon an out of date solicitation document or documents obtained from a source other than the Town. Bidders may not alter (manually or electronically) the bid language or any bid documents. Unauthorized modifications to the body of the bid, specifications, terms or conditions, or which change the intent of this bid are prohibited and may disqualify a response. 1

2 INVITATION FOR BID TOWN OF BARNSTABLE DEPARTMENT OF PUBLIC WORKS The Department of Public Works, is soliciting bids for the following, under Chapter 30B M.G.L.: PRECAST CONCRETE BOX CULVERT Specifications and bid forms are available on the town website, Bid & RFP System at Contact: Denise Geoffrion, Department of Public Works 382 Falmouth Road, Hyannis, MA 02601, telephone number x 4935, 8:30 AM through 4:00 PM, Monday through Friday and excluding holidays or by at denise.geoffrion@town.barnstable.ma.us. Bids are due no later than 2:00 PM, October 13, 2011 and will be opened and read at the Department of Public Works, 382 Falmouth Road, Hyannis, MA immediately following. All bids must be received in the Department of Public Works, 382 Falmouth Road, Hyannis, MA 02601, in a sealed envelope marked DPW Precast Concrete Box Culvert, prior to the opening of bids. The Town of Barnstable reserves the right to reject any or all bids when deemed to be in the best interest of the Town of Barnstable. Contract award will be made by the Town Manager within 30 days of the bid opening unless time for award is extended by mutual consent of the parties. 2

3 TOWN OF BARNSTABLE DEPARTMENT OF PUBLIC WORKS INVITATION FOR BID (IFB) GENERAL SPECIFICATIONS FOR SUPPLIES AND SERVICES A. Attention of all bidders is directed to Chapter 30B of the General Law of the Commonwealth of Massachusetts and to all other applicable sections of the General Laws as most recently amended which govern the award of this contract. B. The bidder shall submit the bid upon forms (bid sheets) furnished by the awarding authority. All bids shall be in ink or typewritten and must be filled out completely. The prices shall, without exception, include all royalties and costs arising from patents, trademarks and copyrights in any way involved in the items supplied. C. All bids shall be signed correctly in ink by the individual or in case of a firm, partnership, or corporation, by a person having the legal authority from said firm, partnership, or corporation to sign the bid. D. All bids shall be submitted to the Town of Barnstable, Department of Public Works, 382 Falmouth Road, Hyannis, MA 02601, on or before the date and time stated in the "Bid Notice". Each bid shall be in sealed envelopes, clearly marked to indicate the contents, with the name and address of the bidder. E. Bid sheets shall be filled in completely. Bid forms that are incomplete, conditional, or obscure with additions not called for, may be rejected. Use the pages of this document, or copies thereof, when submitting the bid. All questions from prospective bidders must be in writing regarding this Invitation for Bid. The Town shall respond to each question in writing and provide a copy of the answers to all prospective bidders. F. Bidders may correct, modify or withdraw the original bids on or before the date and time stated in the "Bid Notice". Corrections or modifications shall be in sealed envelopes, clearly marked to indicate the contents, with the name and address of the bidder. A bidder, who wishes to withdraw a bid, prior to the bid opening, must make the request in writing. G. Any bid received after the date and time stated in the "Bid Notice" shall not be opened. Unopened bids will be returned to the bidder. H. Bids will be publicly opened and read at the date and time stated in the "Bid Notice". All interested parties are invited to be present. I. A bidder may withdraw a bid after the public opening of the bid only if a mistake is clearly evident on the face of the bid document, and the intended correct answer is not evident. 3

4 J No award will be made to any bidder who can not satisfy the awarding authority that he has sufficient ability and experience in this class of work and sufficient capital and plant to enable him to prosecute and complete the work successfully within the time named. The awarding authority's decision or judgment on these matters shall be final, conclusive and binding. Conditional bids will not be accepted. K. At the time of the opening of bids, each bidder shall be presumed to have inspected the site and to have read and to be thoroughly familiar with the contract documents, including any addendum thereto. The failure or omission of any bidder to examine the site, or any form, instrument, or document shall in no way relieve any bidder from any obligation in respect to his/her bid. L. Each bidder shall acknowledge receipt of any and all addendum issued to the invitation for bids by so indicating on the bid sheet. Failure to do so shall be cause to reject the bid as being nonresponsive. M. The contract will be awarded, subject to the availability of funds, to the responsive, responsible bidder who offers the lowest price for the supply or service bid provided it complies with all conditions and requirements set forth in the bid document and further provided that the bid, in the opinion of the awarding authority, is reasonable and is in the best interest of the Town of Barnstable to accept it. The Town reserves the right to reject any and all bids. N. In the event there are tied lowest bid prices from responsive and responsible bidders, the following methods of breaking the tie shall be employed unless otherwise provided for in these bid documents: (1) The award shall be made to the bidder previously awarded the same contract; or (2) If the first method fails to break the tie by reason of none having previously been awarded the same contract, the award shall be made to the bidder whose principal place of business is located closest to the ordering agency s principal office; or (3) If the first and second methods fail to break the tie then the bidder s names shall be entered on a slip of paper and placed in a hat. The award shall then be made to the bidder whose slip is drawn from the hat. The drawing of the slip from the hat shall be performed in the presence of the tied bidders unless they waive the right to be present in writing. O. All deliveries shall be made to the Construction Contractor at the Barnstable Rushy Marsh Culvert work site located in Cotuit. SEE MATERIAL SPECIFICATION. P. If at any time the bidder is unable to furnish materials or services as ordered by the awarding authority, the Town may order such materials or services from such places as are available and the bidder shall pay to the Town all expenses incurred above the contract price. Q. The Bidder will bill each Town agency separately for its purchases. Payments for purchases will be processed after the using Town agency receives the original statement and a signed delivery slip. The bidder will receive payment within a 30 day period after the agency receives the statement. 4

5 R. If services of the Bidder are subsequently deemed to be unsatisfactory to the Town and are in violation of these specifications, the Town shall notify the said bidder in writing. If mutually agreeable arrangements can not be achieved between the Town and the Contractor, the contract will be terminated. Notice of termination shall be in writing and notification will be sent by registered or certified mail. Termination will become effective three days after mailing said notification. S. The bidder's attention is directed to the fact that all applicable State laws, Municipal ordinances, and the rules and regulations of all authorities having jurisdiction over bid/purchase materials shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written out in full. T. Certificate of Non-collusion - The bidders MUST sign and submit a Certificate of Non-collusion with the Bid sheet. Submit with bid. U. State Taxes Certification Clause - The bidders MUST sign and submit a State Taxes Certification clause with the Bid Sheet. Submit with bid. V. Small Quantity and Emergency Purchases Small quantity purchases of contract items, for emergency or other reasons may be made from other sources. W. Right-to-Know - The firm/individual receiving a bid award from the Town of Barnstable will, at no expense to the Town of Barnstable, adhere to the Massachusetts General Laws, Chapter 111F, "Right-to-Know Law" as it shall apply to the items contained in the award notice. X. Maximum Quantities - Except for certain commodities such as gasoline, fuel oil and road salt, the maximum quantity to be purchased under the contract may not exceed twenty-five (25) percent of the amount specified in the contract. INSURANCE REQUIREMENTS 1. Indemnification - Contractor will indemnify and hold harmless the Town of Barnstable and its employees against any and all claims for damages on account of bodily injury, including death, property damage, personal injury, and advertising injury by any act or omission due to negligence of the Contractor, subcontracts, its agents, or employees during the term or any extension of the resultant agreement, and in case of any action or actions or other legal proceedings shall be brought or instituted against the Town of Barnstable on account of any such claims, Contractor shall indemnify and hold harmless the Town of Barnstable. 2. General Insurance - The Contractor shall, before commencing performance of the contract, be responsible for providing and maintaining insurance coverage in force for the life of the contract of the kind and in adequate amounts to secure all of the obligations under the contract and with insurance companies acceptable to the Town of Barnstable. All such insurance carried should not be less than the kinds and amounts designated herein, and the Contractor agrees that the stipulation herein of the kinds and limits of coverage shall in no way limit the liability of the 5

6 Contractor to any such kinds and amounts of insurance coverage. Under all insurance coverage, required or not required by the Town, the Contractor shall indemnify, and hold harmless the Town of Barnstable, its elected or duly appointed offices, directors and employees against any claim based upon negligent, accidental or intentional acts or omissions of the contractor, its employees or its agents in providing its services to employees of the municipality or their dependants pursuant to the agreement. With the exception of Professional Services Liability for architects, designers and engineers, and Worker s Compensation, the Town of Barnstable and its employees must be named as an additional insured and a certificate of insurance will be provided indicating such for each of the insurance policies or surety bonds obtained pursuant to the requirements established by the issuance of the contract. Upon execution of the contract the Contractor will provide copies of certificates of insurance to the Town of Barnstable, Procurement & Risk Management. Failure to provide and continue in force such insurance as aforesaid may be deemed a material breach of this contract, and may constitute sufficient grounds for immediate termination of the same. All insurance maintained as provided for in the above shall be taken out and maintained at the sole expense of the Contractor. Annually, at time of vendor s policy renewal, updated insurance certificates shall be sent to the Town of Barnstable. No cancellations of such insurance, whether by the insurer or by the insured party shall be valid unless written notice thereof is given by the parties proposing cancellation to the other party and to the Town of Barnstable at least thirty (30) days prior to the intended effective date thereof, which date shall be expressed in said notice, and which shall be sent out by registered mail, return receipt requested. These provisions shall apply to the legal representatives, trustees in bankruptcy, receiver, assignee, and/or the successor in interest of the Contractor. All insurance coverage shall be placed with such company as may be acceptable to the Town of Barnstable and shall constitute a material part of the contract documents. 3. Comprehensive General Liability Insurance The Contractor shall carry Commercial General Liability Insurance with an each occurrence limit of liability no less than One Million Dollars ($1,000,000.00) and a general aggregate limit of liability no less than Two Million Dollars ($2,000,000.00); and a Products/Completed Operations (as may be required) Aggregate limit no less that Two Million Dollars ($2,000,000.00) for all injury and damages to or destruction of property during the policy period. 4. Automobile Liability and Property Damage Insurance The Contractor shall carry business Automobile Liability Insurance covering all owned vehicles with a combined single limit no less than One Million Dollars ($1,000,000.00) to cover all damage caused by contracted employees of the awarded Contractor. Level of insurance must adequately cover the liability exposure of project site and is subject to Town of Barnstable Risk Manager approval. 6

7 5. Workers Compensation Insurance The Contractor shall carry Workers Compensation Insurance as required by Massachusetts General Law, c. 152, and Section 25, with a minimum limit of Employer s Liability as per Massachusetts General Law requirements. 6. Excess Liability Insurance The Contractor shall carry excess liability insurance of not less than One Million Dollars ($1,000,000.00) covering over general liability, automobile, and worker s compensation insurance. 7. Pollution Liability Insurance (Reserved) 8. Professional Services Liability/Errors and Omissions Insurance (Reserved) 9. Other Liability (as may be necessary) The Town of Barnstable reserves the right to request proof of other insurance coverage depending upon the job for which the Contractor is hired. The aforementioned insurance coverages shall remain in full force and effect throughout the period of the contract. Similar insurance coverage shall be provided by or in behalf of any subcontractor to cover their operations with the same minimum limits as required of the Contractor. Contractor s insurance shall be primary insurance to all insurance carried by Owner. MINORITY OR WOMAN BUSINESS ENTERPRISE PARTICIPATION Minority-Owned Business Enterprises (MBE) or Woman-Owned Business Enterprises (WBE) are strongly encouraged to submit proposals in response to the Invitation for Bids (IFB). For the purposes of this IFB, the term MBE or WBE shall mean a vendor who is certified as a minority business enterprise by the State Office of Minority and Women-Owned Business Assistance (SOMWBA), and who is certified at the time the vendor s proposal is submitted. All minority owned businesses are encouraged to apply for SOMWBA certification. For further information on SOMWBA qualifications, or access to SOMWBA vendor lists, contact the State Office of Minority and Women-Owned Business Assistance at (617) The Town of Barnstable will require contractors and subcontractors involved in local municipal projects to abide by the Equal Opportunity Anti-Discrimination Program guidelines below, which form a part of the contract generating from this Invitation for Bids (IFB). 7

8 EQUAL EMPLOYMENT OPPORTUNITY ANTI-DISCRIMINATION PROGRAM During the performance of this contract, the Contractor and all of (his/her) Sub-Contractors (wherein after collectively referred to as the Contractor), for him/herself, his/her assignees, and successors in interest, agree as follows: The Contractor, in the performance of all work after award and prior to completion of the contract work, will not discriminate on grounds of race, color, religious creed, national origin, age or sex in employment practices, in the selection or retention of subcontractors, or in the procurement of materials and rentals of equipment. Fair Employment Practices Law of the Commonwealth (M.G.L. Chapter 151B). The Contractor, by signing the Contract offered by the Town, agrees to abide by the above paragraph to the best of his/her ability. 8

9 TOWN OF BARNSTABLE DEPARTMENT OF PUBLIC WORKS MATERIAL SPECIFICATION -PRE CAST CONCRETE BOX CULVERT GENERAL REFERENCES The publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by the basic designation only. 1. AMERICAN ASSOCIATION OF STATE HIGHWAY AND TRANSPORTATION OFFICIALS (AASHTO) AASHTO M284 (2009) AASHTO M 284M/M 284 Standard Specification for Epoxy- Coated Reinforcing Bars: Materials and Coating Requirements AASHTO (2002) AASHTO Specifications AASHTO M259 (2002) Standard Specification for Precast Reinforced Concrete Box Sections for Culverts, Storm Drains, and Sewers AASHTO M273 (2007) Standard Specification for Precast Reinforced Concrete Box Sections for Culverts, Storm Drains, and Sewers with Less Than 2 ft of Cover Subjected to Highway Loading 2. MASS HIGHWAY DEPARTMENT (MHD) Massachusetts Highway Department Standard Specifications for Highways and Bridges (1988) MHD Supplemental Specifications (2006) MHD Standard Special Provisions (2007) MHD Construction Standards (2010) MHD 2005 Bridge Manual Parts I and II Provisions (2007) PRODUCTS PRECAST CONCRETE BOX CULVERTS AND HEADWALLS Design shall meet the requirements specified herein and outlined on the Proposed Box Culvert Sketch attached hereto as Exhibit G. 9

10 The culverts shall be designed in accordance with 2002 AASHTO specifications and MHD Bridge Manual 2005 Edition Part I and II (2007). Sections shall be designed to accommodate AASHTO HS25 live loading. The concrete shall have a minimum compressive strength of 5,000 psi. The culvert will be constantly exposed to salt water therefore the concrete mix shall be resistant to salt water emersion. All reinforcement shall be epoxy coated deformed steel conforming to ASTM Designation A615 Grade 60. In accordance with Section 1605 of the American Recovery and Reinvestment Act, all steel, iron and manufactured goods used in the project must be produced in the United States. Each culvert section shall be monolithically cast as a four-sided box section with open ends. The inside surfaces of the culvert shall be smooth with 45-degree chamfered fillets monolithically cast in all four inside corners. Precast concrete box culverts shall be designed using the Strength Design Method (Load Factor Design) of the AASHTO specifications. Culvert internal dimensions of 10-0 width and 5-0 height shall be maintained. Total running length of the culvert shall be 40 feet overall including the end sections. Roof and sidewalls shall be adequately sized in accordance with AASHTO material specifications M259 and M273 for loading data. Each culvert section shall have a male and female shiplap joint with no less than 1-1/2 inch concrete overlaps with factory installed neoprene gasket fastened to the shiplap joint surface. Each section shall also be provided with holes or inserts for lifting hardware and with recessed inserts for attachments of assembly pulling irons, in addition to temporary closure hardware for drawing joints together during assembly. The two end sections shall be eight (8 ) ft. long each with sidewalls slopes of 2:1 as shown in Exhibit G. Head walls shall be 2 feet in height, 9 inches wide with chamfered edges set on a 2 foot wide base cantilever 6 inches thick. The headwall shall run the width of the culvert, 11 feet 6 inches and set along both end sections for a total running length of 23 feet (two runs of 11 6 each). Head walls to be connected to the outer edge of each culvert end section and provided with 3 inch diameter holes 24 inches on center. Connection details and gasket materials shall be provided in the shop drawings submitted to the engineer. All connection hardware shall be hot dipped galvanized. Total number of precast culvert sections shall be limited to five (5) sections totally the required 40 feet. 10

11 The notation 2011 shall be cast into the southeast end section on the south side of the culvert and the northwest on the north side of the culvert. The location shall be above the Mean High Water Mark. The numbers shall be no less than 4 and no more than 12 in height. The location, height and font of the numbers shall be subject to approval by the Owner prior to casting. The minimum specified concrete cover over the rebar shall be maintained in the area of the casting. Epoxy coated reinforcement shall have a minimum of 4 of concrete cover along the entire bottom bearing surface and a minimum of 3 in all other locations. Bituminous damp-proofing shall be provided along the exterior culvert walls a distance of 2 from the top of the culvert in accordance with Section 970 of the Massachusetts Highway Department Standard Specifications for Highways and Bridges (2009). The quality of materials, the process of manufacture and the finished culvert sections shall be subject to inspection by the Town Engineer, Town of Barnstable and purchaser prior to transport to site. Contractor shall demonstrate evidence of experience with similar culvert projects (Exhibit B). PRODUCTS: A. Any and all products, materials and workmanship shall be warranted by the Contractor for a period of not less than two (2) full years from the date of completion of the project. Completion shall be deemed as acceptance by the Owner of the final payment application prepared by the Contractor. SUBMITTALS: Submit the following reports directly to Project Engineer: 1. Submittal Schedule 2. Project Schedule 3. Shop Drawing of culvert sections; standard details; and weatherproofing options 4. Shop Drawing of all anchors and connections and gaskets. 5. Shop Drawing for Imprinting of Date on end sections 6. Structural calculations stamped by a Professional Engineer registered in the Commonwealth of Massachusetts for the culvert and head wall design. 7. Concrete mix design and material testing reports B. Administrative submittals: Refer to other Sections and other Contract Documents for requirements for administrative submittals. Such submittals include, but are not limited to: 11

12 1. Contract Agreement 2. Payment and Performance Bonds 3. Certificate of Insurance C. As soon as practicable but not to exceed five (5) calendar days after award of the contract and before any materials or equipment are purchased, the Contractor shall submit to the Town Engineer a complete list, in triplicate, of materials and equipment to be incorporated in the work. Materials that are incorporated into the project that have not been expressly approved by the Town Engineer will be subject to removal, replacement and or verification by the Town Engineer on behalf of the Owner and shall be solely at the Contractor s expense and peril. DELIVERY Delivery of the concrete box culvert to the project site shall be made no later than December 12, 2011; the Owner will not consider proposals that stipulate delivery after this date. Selected bidder shall coordinate delivery with the Town of Barnstable, and the site contractor with respect to assuring the unloading equipment and crew are on site when delivery arrives. Deliver culvert and head walls by flat bed truck, F.O.B. Destination located adjacent to Rushy Marsh Pond at Oregon Beach Parking Lot off Main Street, Cotuit, MA. BILL OF MATERIALS FOR PURCHASE ORDER: The bid shall be lump sum for the entire package, and shall include coordination and delivery to the jobsite adjacent to Rushy Marsh Pond at Oregon Beach Parking Lot off Main Street, Cotuit, MA, for off loading by and use within a schedule as dictated by the site Contractor. Material suppliers shall specify the exact number of precast sections that they are supplying, and the length of each section. All sections shall be constructed with identical mix designs, consistent processes, and to the specifications outlined above. 12

13 Town of Barnstable CERTIFICATE OF NON COLLUSION The undersigned certifies under penalties of perjury that this bid proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification the word person shall mean any natural person, business, partnership, corporation, union, committee, club or other organization, entity, or group of individuals. FIRM ADDRESS SIGNATURE NAME (print) TITLE TELEPHONE ( ) DATE NOTE: This certificate must be signed by the individual submitting the bid or proposal. ************************************************************************* STATE TAXES CERTIFICATION CLAUSE I certify under the penalties of perjury that, I, to my best knowledge and belief, have filed all state tax returns and paid all state taxes under law. *Signature of individual or Corporate Name (Mandatory) By: Corporate Officer (Mandatory, if applicable) **Social Security Number (Voluntary) Or Federal Identification Number * Approval of a contract or other agreement will not be granted unless this certification clause is signed by the applicant. ** Your Social Security Number will be furnished to the Massachusetts Department of Revenue to determine whether you have met tax filing or tax payment obligations. Providers who fail to correct their non-filing or delinquency will not have a contract or other agreement issued, renewed, or extended. This request is made under the authority of Mass. G.L..62C s. 49.A. 13

14 TOWN OF BARNSTABLE DEPARTMENT OF PUBLIC WORKS BID SHEET BID ITEM: PRECAST BOX CULVERT PRICE PER CULVERT $ BID EVALUATION CRITERIA: A contract will be awarded to the responsive and responsible bidder who submits the lowest price for the Precast Box Culvert. CERTIFICATION OF PRODUCT: The bidder certifies that the product meets the Detailed Specifications contained herein, which are a part of the bid package. RECEIPT OF ADDENDUM NUMBER(S): is hereby acknowledged and reflected in the bid price(s) shown above. BIDDER IDENTIFICATION AND SIGNATURE: FIRM ADDRESS SIGNATURE NAME(print) TITLE TELEPHONE DATE Required Attachments: (1) Certification of Non-collusion. (2) State Taxes Certification Clause. (3) Material Safety Data Sheet(s). (4) Reserved (5) Reserved (6) Copies of all applicable insurance policies before commencing performance of the contract. (7) All necessary licenses, permits, vehicle registrations, and certificates required. NOTE: The Town of Barnstable reserves the right to reject any and all bids when it deems it to be in the best interest of the Town. All bid prices submitted in response to this IFB must remain firm for 45 days following the bid opening. All bids must be received in the office of the Department of Public Works, 382 Falmouth Road, Hyannis, MA prior to 2:00 PM, October 13, 2011 All questions from prospective bidders must be in writing regarding this Invitation for Bid. The Town shall respond to each question in writing and provide a copy of the answers to all prospective bidders. 14

15 TOWN OF BARNSTABLE AGREEMENT BETWEEN CONTRACTOR AND OWNER CONTRACT THIS AGREEMENT, made this of, 2011 by and between the TOWN OF BARNSTABLE, Massachusetts, hereinafter called the OWNER, and with legal address and principal place of business at hereinafter called CONTRACTOR. WITNESSETH - That for and in consideration of payments and agreements hereinafter mentioned, to be made and performed by the OWNER, the CONTRACTOR hereby agrees with the OWNER to supply the OWNER a PRECAST CONCRETE BOX CULVERT hereinafter called the product, upon demand of the OWNER, made as hereinafter provided at a price of $, delivered to the Project Work Site as specified. The contractor shall at his/her own cost and expense furnish all materials, supplies, machinery, equipment, tools, supervision, labor, insurance, and other accessories and services necessary to complete the said work in accordance with the conditions and procedures stated in the Bid and in accordance with the following requirements. 1. Notice to Deliver and Delivery of Product. The OWNER will notify the CONTRACTOR by mail, telephone, or facsimile of the times and quantities of deliveries to be made under this Agreement. All deliveries shall be made as specified in the MATERIAL SPECIFICATION - PRE CAST CONCRETE BOX CULVERT, unless otherwise directed. The delivery shall be in the presence of and receipted for by an authorized employee of the Department of Public Works. 2. Billings. The CONTRACTOR shall bill the Department of Public Works, 382 Falmouth Road, Hyannis, MA for delivery of the product. 3. Availability of Product. If at any time the CONTRACTOR is unable to furnish the product within two (2) working days of receiving an order, the OWNER may order the product from such supplier who can supply the product and the CONTRACTOR shall pay to the OWNER all expenses incurred which exceed the CONTRACTOR'S bid price. 4. Force Majeure - The Contract shall be subject to Force Majeure considerations and in the event that either party hereto shall be prevented from the performance of any act required there under by reasons of strikes, lockouts, labor trouble, inability to procure materials, failure of power, fire, winds, Acts of God, riots, insurrections, war or other reason of a like nature not reasonable within the control of the party in performing any obligations shall be excused for the period of nonperformance, and the period for the performance of such obligation shall be extended for an equivalent period for no additional cost to the Owner. Continued failure to perform for periods aggregating sixty (60) or more days, even for causes beyond the control of the Contractor, shall be deemed to render performance impossible, and the Owner shall thereafter have the right to terminate this agreement in accordance with the provisions of the section entitled Termination of Contract. 5. Termination of Contract - Subject to the provisions of the section explaining Force Majeure, if the Contractor shall fail to fulfill in a timely and satisfactory manner its obligations under this agreement, or if the Contractor shall violate any of the covenants, conditions, or stipulations of this agreement, which failure or violation shall continue for seven (7) business days after written notice 15

16 of such failure or violation is received by the contractor, then the municipality shall thereupon have the right to terminate this agreement by giving written notice to the contractor of such termination and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Additionally, the Town, by written notice, may terminate this contract, in whole or in part, when it is in the Town s best interest. If this contract is terminated, the Town shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. 6. Insurance - The Contractor shall maintain insurance with minimum limits as defined in the Invitation for Bid, Section 4, Special Conditions for the entire duration of the project work to be performed, and provide a certificate of insurance with the Town of Barnstable named as an additional insured. Renewal certificates of insurance must be submitted to the Town of Barnstable, Risk Management, 230 South St., Hyannis, MA on a yearly basis. 7. Governing Law This contract is governed by the laws of the Commonwealth of the State of Massachusetts. The Contractor/Consultant shall indemnify, defend and hold harmless the Owner, its elected or duly appointed officers, directors and employees against liability, losses, damages or expenses (including legal expenses) resulting from any claim based upon negligent or intentional misdeeds or omission of the Contractor/Consultant, its employees or its agents in providing its service to employees of the municipality or their dependants pursuant to the Agreement. The Bid Specifications entitled "GENERAL SPECIFICATIONS FOR SUPPLIES AND SERVICES" and "MATERIAL SPECIFICATION - PRE CAST CONCRETE BOX CULVERT", both of which are contained herein, and the BID, are made a part hereof and collectively evidence and constitute the Contract. The OWNER agrees to pay the CONTRACTOR for the performance of the contract and to make payments in the amount of $, delivered. The total contract amount shall not exceed $, if the estimated full quantity is ordered and received, without written authorization of the OWNER. This Agreement constitutes the entire Contract and there are no other agreements than those incorporated herein. This Agreement may not be changed, altered, amended, modified, or terminated orally and any such change, alteration, amendment, or modification must be in writing executed by the parties hereto. 16

17 IN WITNESS WHEREOF, the parties to these presents have executed this Contract in the year and day first above mentioned. By Approved as to form OWNER'S ATTORNEY CONTRACTOR By OWNER This is to certify that the Town of Barnstable, Massachusetts, has an appropriation which is adequate to cover the cost for this contract for Fiscal Year OWNER'S ACCOUNTANT 17

18 The Town of Barnstable Office of Town Manager 367 Main Street, Hyannis MA Date: ACCEPTANCE OF BID NOTICE is hereby notified that your bid in the amount of to supply the Department of Public Works with a Precast Box Culvert in accordance with Invitation for Bid dated September 22, 2011 submitted on has been accepted. It is requested that acknowledgement of this ACCEPTANCE be indicated by endorsement here on, and the original be returned to the Department of Public Works, 382 Falmouth Road, Hyannis, MA A formal Contract will be drawn up based on the terms of the bid and Invitation for Bid documents offered through the Procurement and Risk Office, subject to final approval by the Town Manager of the Town of Barnstable. Town Manager TO: Department of Public Works 382 Falmouth Road Hyannis, MA Receipt is hereby acknowledged for the above ACCEPTANCE OF BID. BY: DATE: Signature: PRINT NAME: TITLE: 18