SEDIMENT REMOVAL AT DIAMOND HILL PARK POND - BID # 2021-1001-01 September 2021
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TOWN OF CUMBERLAND, RHODE ISLAND
SEDIMENT REMOVAL AT DIAMOND HILL
PARK POND
TOWN OF CUMBERLAND
COUNTY OF PROVIDENCE
RHODE ISLAND
BID # 2021-1001-01
Pare Corporation
8 Blackstone Valley Place
Lincoln, RI 02865
(401) 334-4100
September 2021
INVITATION TO BID
TOWN OF CUMBERLAND, RHODE ISLAND
BID # 2021-1001-01
Notice is hereby given that the Town of Cumberland will be accepting bids for the:
Sediment Removal at Diamond Hill Park Pond
The Town of Cumberland will accept sealed bids for “SEDIMENT REMOVAL AT
DIAMOND HILL PARK” at the office of the Finance Director, Town Hall, 45 Broad
Street, Cumberland, Rhode Island, 02864, no later than 10:00 AM on October 1, 2021, at
which time bids will be opened and read aloud in a manner accessible to the public in the
Town Council Chambers.
Bidding Documents and Contract Specifications will be posted on the Town website at
www.cumberlandri.org, and the RI State Purchasing website at www.purchasing.ri.gov.
The contract will be awarded to the lowest, qualified, responsible bidder. The Town of
Cumberland reserves the right to accept or reject, without prejudice, all bids to waive any
irregularities therein, or to accept the proposal deemed to be in the best interest of the Town
of Cumberland. The Town of Cumberland does not discriminate based on age, race, religion,
national origin, color, or disability in accordance with applicable laws and regulations.
Bids must be submitted in sealed envelopes with the above noted proper title endorsed
thereon, in the form provided with executed copies of Appendices A and B, and addressed
and delivered to the Town Finance Director, Town of Cumberland at the above-referenced
address. The bid submittal shall consist of the original bid proposal and three (3) copies of the
bid.
All bids are due by 10:00 AM on October 1, 2020, at which time bids will be opened and
read aloud publicly in the Town Council Chambers.
A pre-bid meeting will be held at Diamond Hill Park Pond, 4097 Diamond Hill Road,
Cumberland, RI 02864 on Monday, September 27, 2021, at 10:00 A.M. While not
mandatory, the Town highly encourages attendance by all potential bidders.
The Contractor shall complete all work no later than Friday, December 31, 2021.
Questions regarding this bid shall be directed to Brian Mahoney at bmahoney@parecorp.com or
401-414-5128.
Specifications BID # 2021-1001-01
20039.00 SECTION 01340
08/21 SUBMITTALS
PART 1.00 - GENERAL
1.01 RELATED DOCUMENTS
A. Contract Drawings apply to work of this section.
1.02 DESCRIPTION OF REQUIREMENTS
A. General: This section specifies procedural requirements for non-administrative submittals
including shop drawings, product data, samples and other miscellaneous work-related submittals.
Shop drawings, product data, samples and other work-related submittals are required to amplify,
expand and coordinate the information contained in the Contract Documents.
B. Shop drawings are technical drawings and data that have been specially prepared for this project,
including but not limited to the following items:
1. Construction Schedule
2. Sediment Removal Plan
3. Control of Water
4. Erosion and Sediment Control
C. Product data includes standard printed information on manufactured products that has not been
specially-prepared for this project, including but not limited to the following items:
1. Manufacturer's product specifications and installation instructions.
2. Catalog cuts.
3. Roughing-in diagram and templates.
4. Standard wiring diagrams.
5. Printed performance curves.
6. Operational range diagrams.
D. Samples are physical examples of work, including but not limited to the following items:
1. Partial sections of manufactured or fabricated work.
2. Small cuts or containers of materials.
3. Complete units of repetitively-used materials.
E. Miscellaneous submittals are work-related, non-administrative submittals that do not fit in the
three previous categories, including, but not limited to the following:
1. Specially-prepared and standard printed warranties.
2. Project photographs.
3. Testing and certification reports.
4. Record drawings.
5. Field measurement data.
6. Keys and other security protection devices.
1.03 SUBMITTAL PROCEDURES
A. General: Refer to the General Conditions for basic procedures for submittal handling.
01340 - 1
20039.00 SECTION 01340
08/21 SUBMITTALS
B. Coordination: Coordinate the preparation and processing of submittals with the performance of
the work. Coordinate each separate submittal with other submittals and related activities such as
testing, purchasing, fabrication, delivery and similar activities that require sequential activity.
1. Coordinate the submittal of different units of interrelated work so that one submittal will
not be delayed by the Engineer/Owner/Owner's Representative need to review a related
submittal. The Engineer/Owner/Owner's Representative reserves the right to withhold
action on any submittal requiring coordination with other submittals until related
submittals are forthcoming.
C. Scheduling: In each appropriate administrative submittal, such as the progress schedule, show
the principal work-related submittals and time requirements for coordination of submittal activity
with related work.
D. Coordination of Submittal Times: Prepare and transmit each submittal to the Engineer/Owner
sufficiently in advance of the scheduled performance of related work and other applicable
activities. Transmit different kinds of submittals for the same unit of work so that processing
will not be delayed by the Engineer/Owner's need to review submittals concurrently for
coordination.
E. Review Time: Allow sufficient time so that the installation will not be delayed as a result of the
time required to properly process submittals, including time for resubmittal, if necessary. Advise
the Engineer/Owner on each submittal, as to whether processing time is critical to the progress of
the work, and if the work would be expedited if processing time could be shortened.
1. Allow seven (7) calendar days for the Engineer/Owner's initial processing of each
submittal. Allow a longer time period where processing must be delayed for coordination
with subsequent submittals. The Engineer/Owner will advise the Contractor promptly
when it is determined that a submittal being processed must be delayed for coordination.
2. Allow five (5) calendar days for reprocessing each submittal.
3. No extension of time will be authorized because of the Contractor's failure to transmit
submittals to the Engineer/Owner sufficiently in advance of the work.
F. Submittal Preparation: Mark each submittal with a permanent label for identification. Provide
the following information on the label for proper processing and recording of action taken.
1. Project name.
2. Date.
3. Name and address of Owner.
4. Name and address of Contractor.
5. Name and address of supplier.
6. Name of manufacturer.
7. Number and title of appropriate specification section.
8. Drawing number and detail references, as appropriate.
9. Similar definitive information as necessary.
10. Provide a space on the label for the Contractor's review and approval markings, and a
space for the Engineer/Owner's "Action" marking.
11. Submittals shall be titled “20039.00_DiamondHillPark_Submittal No. XX-
xxxxxxxxxxxxx”.
a. Where “XX” is the designated submittal Number.
b. Where “xxxxxxxxxxxxx” is a short description of the submittal content.
01340 - 2
20039.00 SECTION 01340
08/21 SUBMITTALS
G. Electronic Submittal Transmittal: Package each submittal appropriately for transmittal and
handling. Transmit one (1) copy, including a transmittal form to the Contractor’s Folder on the
Pare File Transfer Protocol site. Emailed submittals shall be sent to the Engineer in the same
format. Prepare a separate transmittal form for each division of work and identify each submittal
by specification section number on the transmittal form.
1. Record relevant information and requests for data on the transmittal form. On the
transmittal form, or on a separate sheet attached to the form, record deviations from the
requirements of the Contract Documents, if any, including minor variations and limitations.
2. Include the Contractor's signed certification stating that information submitted complies
with requirements of the Contract Documents.
3. Sequentially number the transmittal forms; resubmittals to have original number with an
alphabetic suffix.
4. Where appropriate, submittals shall be in Adobe PDF format. Where appropriate, File
formats shall be compatible with Microsoft Office 2010.
5. In the event of a discrepancy between the electronically transmitted submittal and the
hardcopy, the hardcopy shall prevail.
6. Contractor shall be responsible for notifying Engineer in writing when new submittals are
posted to the FTP site.
7. Emailed submittals shall be limited to one submittal per email.
8. Emailed submittals shall be titled “20039.00_DiamondHillPark_Submittal No. XX-
xxxxxxxxxxxxx”.
a. Where “XX” is the designated submittal Number.
b. Where “xxxxxxxxxxxxx” is a short description of the submittal content.
9. Emailed submittals must be confirmed as received by the Engineer through either but not
limited to a read receipt or confirmatory email.
H. Contractor Review: Stamp of approval indicates to Owner and Engineer/Owner that all
quantities, dimensions, field construction criteria, materials, catalog numbers, and similar data
have been determined and verified, and that each submittal has been reviewed or coordinated
with requirements of work and Contract Documents.
I. No portion of Work requiring shop drawings shall be started or any materials be fabricated,
delivered to site, or installed prior to approval of such items. Fabrication performed, materials
purchased or on-site construction accomplished which does not conform to approved shop
drawings and data shall be at Contractor's risk. Owner will not be liable for any expense or delay
due to corrections or remedies required to accomplish conformity.
J. Project work, materials, fabrications, and installation shall conform to approved shop drawings.
1.04 SPECIFIC SUBMITTAL REQUIREMENTS
A. Miscellaneous Submittals:
1. Inspection and Test Reports: Classify each inspection and test report as being either "shop
drawings" or "product data" depending on whether the report is specially prepared for the
project, or a standard publication of workmanship control testing at the point of
production. Process inspection and test reports accordingly.
2. Survey Data: Provide copies of all survey data collected for property surveys, field
measurements, quantitative records of actual work, damage surveys and similar data
01340 - 3
20039.00 SECTION 01340
08/21 SUBMITTALS
required by the individual sections of these specifications. None of the specified copies
will be returned.
3. Standards: Where submittal of a copy of standards is indicated, and except where copies
of standards are specified as an integral part of a "Product Data" submittal, submit a single
copy of standards for the Engineer/Owner's use. Where workmanship, whether at the
project site or elsewhere, is governed by a standard, furnish additional copies of the
standard to installers, Owner’s field representative, and others involved in the performance
of the work.
4. Closeout Submittals: Refer to section "Project Closeout" and to individual sections of
these specifications for specific submittal requirements of project closeout information,
materials, tools, and similar items.
a. Record Documents: Furnish set of original documents as maintained on the project
site.
5. General Distribution: Provide additional distribution of submittals to Subcontractors,
suppliers, fabricators, installers, governing authorities and others as necessary for the
proper performance of the work. Include such additional copies of submittals in the
transmittal to the Engineer/Owner where the submittals are required to receive "Action"
marking before final distribution. Record distributions on transmittal forms.
1.05 ENGINEER/OWNER'S ACTION
A. General: Except for submittals for the record and similar purposes, where action and return on
submittals is required or requested, the Engineer/Owner will review each submittal, mark with
appropriate "Action", and where possible return within seven (7) calendar days of receipt.
Where the submittal must be held for coordination the Engineer/Owner will so advise the
Contractor without delay.
B. Action Stamp: The Engineer/Owner will stamp, sign and date each submittal copy to be returned
to Contractor and indicate disposition of each submittal in accordance with the following grading
requirements:
1. "No Exceptions Taken" indicates that Engineer/Owner notes no exception to the intent of
the Contract Documents. Fabrication of item may commence.
2. "Furnish as Corrected" indicates that with minor corrections or additions, Engineer/Owner
notes no exception to the intent of the Contract Documents. Item may be fabricated on
basis of corrections noted. No further checking will be required.
3. "Revise and Resubmit". No fabrication may commence.
4. "Rejected" indicates nonconformance with the contract requirements, or that too many
corrections would be necessary. The Engineer/Owner will state the reasons for rejections.
5. “Submit Specified Item” indicates missing portions of the submissions. Fabrication may
commence upon submission and approval of specified item.
6. “Reviewed” indicates that the Engineer/Owner has received and processed the submittal.
No determination of conformance was completed/necessary.
C. Engineer/Owner Review:
1. Engineer/Owner's review of submitted drawings and data will cover only general
conformity to drawings and specification, external connections, and dimensions which
affect layout.
2. Engineer/Owner's review does not indicate thorough review of all dimensions.
01340 - 4
20039.00 SECTION 01340
08/21 SUBMITTALS
3. Engineer/Owner's review of submittals does not relieve Contractor's responsibility for
errors, omissions, or deviations, nor responsibility for compliance with Contract
Documents.
1.06 RESUBMISSION REQUIREMENTS
A. Make any corrections or changes in the submittals required by the Engineer/Owner and resubmit
until they are denoted "No Exceptions Taken" or "Furnish as Corrected" by the Engineer/Owner.
Resubmission requirements specified in individual specification sections, which differ from these
requirements, will take precedence over these requirements.
B. Shop Drawings and Product Data:
1. Revise initial drawings or data, and resubmit as specified for the initial submittal.
2. Indicate any changes which have been made other than those requested by the Engineer/
Owner.
C. Samples: Submit new samples as required for initial submittal.
1.07 DISTRIBUTION
A. Distribute reproductions of shop drawings and copies of product data which carry the Engineer’s
stamp denoting "No Exceptions Taken" or " Furnish as Corrected" to:
1. Job site file.
2. Record documents file.
3. Subcontractors.
4. Supplier or fabricator.
B. Distribute samples which carry the Engineer/Owner's stamp denoting "No Exceptions Taken” or
"Furnish as Corrected" as directed by the Engineer/Owner.
PART 2.00 - PRODUCTS
Not Used
PART 3.00 - EXECUTION
Not Used
END OF SECTION
01340 - 5
20039.00 SECTION 02400
08/21 DEWATERING, CONTROL, AND DIVERSION OF WATER
PART 1.00 - GENERAL
1.01 WORK INCLUDED
A. Work covered under this section consists of the dewatering, control, and diversion of water as
required to perform the Work.
1.02 SUBMITTALS
A. The Contractor shall submit the following:
1. At least ten (10) calendar days prior to the start of dewatering or cofferdam erection,
submit for review by the Engineer.
a. Drawings
b. Sections
c. Details and other pertinent information
d. Construction Flood Contingency Plan: Plan detailing the Contractor’s means and
methods for stabilizing the work area and emergency notification procedures if the work
area becomes subject to flooding as a result of a storm event or cofferdam failure.
2. The data shown shall include:
a. An overall schedule for dewatering, control, and diversion of water.
b. A description of the anticipated sequence of construction.
c. Complete details of methods, equipment, and materials proposed to be used.
d. Any other pertinent data required for review by the Engineer.
e. The Contractor shall coordinate this submittal with submittal requirements specified in
Section 02270, EROSION AND SEDIMENT CONTROL.
PART 2.00 - PRODUCTS
A. The Contractor shall provide all materials and equipment including, but not limited to, sandbags,
barriers, impermeable fabrics, pipe, fittings, valves, pumps, tools, fuel and other appurtenances in
suitable and adequate quantities as required to control water.
PART 3.00 - EXECUTION
3.01 BULK BAG COFFERDAM INSTALLATION
A. Installation/removal of bulk bag cofferdams or other silt producing work shall only occur between
dates as specified in the appropriate permits.
B. The bulk bags shall consist of 3 foot by 3 foot by 3 foot, woven polypropylene, bags filled with a
well-graded gravelly sand with a fines content between 10 and 20% and a minimum unit weight of
115 pounds per cubic foot.
C. When placing the bulk bags on an irregular brook surface, the Contractor shall place sandbags
along the brook bottom as required to ensure each bulk bag has full contact with the channel
bottom. Loose cobbles and boulders should be removed prior to placing the sacks.
02400 - 120039.00 SECTION 02400
08/21 DEWATERING, CONTROL, AND DIVERSION OF WATER
D. Bulk bags shall be placed abutting one another such that there are no gaps between the bags.
E. Adjacent rows and subsequent layers of bulk bags shall be placed with a split spaced approach,
such the joints between bags are not inline or continuous through the cofferdam.
F. If required, due to uneven or soft ground surface, the bulk bag can be placed on a leveling pad of
standard 14 inch by 26 inch woven polyethylene sand bags. Sand bags shall be placed such that a
continuous surface is created.
1. Alternatively, the Contractor may place keyed concrete blocks such that the entire base of
the bulk bag is bearing on the blocks.
2. Keyed concrete blocks shall be fully embedded within the subgrade soils or bear directly
on bedrock.
3. Keyed concrete blocks shall be pushed into the subgrade soils. The subgrade soils shall
not be excavated to accommodate keyed concrete block installation.
G. Polyethylene sheets (minimum 10 mil thickness) shall be placed from the top of the bulk bag down
along the channel bottom and shall extend at least 15 feet into the channel. The perimeter of the
Polyethylene sheets shall be weighed down with a continuous row of sandbags placed side by side.
H. The Contractor shall monitor the performance of the cofferdam for the duration of its use,
specifically for indications of movement or increased leakage.
1. A qualified on-site person from the Contractor shall inspect the cofferdam at the start of
each working day to determine if there is damage to the cofferdam or if any modifications
are required.
2. Personnel working within the cofferdam will be instructed to report any damage or change
in conditions of the cofferdam performance.
3. If the bulk bag cofferdam is struck by equipment or is damaged during construction
activities, the cofferdam element shall be repaired or replaced prior to continuing work.
3.02 REMOVAL OF COFFERDAMS
A. Remove all equipment, materials, and construction debris from within the cofferdam after work has
been completed and accepted.
B. Return the brook ground surface to a natural, pre-construction condition.
3.03 COFFERDAMS
A. General: It is expressly understood and agreed that whenever cofferdams and bracing are used, it
shall not relieve the Contractor of the sole responsibility for any damages or injury due to the
installation or failure of the cofferdams and bracing.
B. Installation: Where cofferdams and bracing are used, they shall be installed ahead of other work
activities.
1. Install to maintain sufficient restraint of the adjacent soil and to prevent movement, excessive
inflow of water, and intrusion of soils into or instability of the bottom of the cofferdams.
02400 - 220039.00 SECTION 02400
08/21 DEWATERING, CONTROL, AND DIVERSION OF WATER
2. If excessive leakage occurs behind the cofferdams, they shall be repaired and stabilized
immediately to the satisfaction of the Engineer.
END OF SECTION
02400 - 320039.00 SECTION 02270
08/21 EROSION AND SEDIMENT CONTROL
PART 1.00 - GENERAL
1.01 WORK INCLUDED
A. Work covered under this Section shall include all work for erosion and sediment control.
B. All work shall conform to the requirements stated herein and to the requirements of the regulatory
agencies having jurisdiction over the areas of work.
1.02 SUBMITTALS
A. Provide the following submittals:
1. Manufacturer's certificate of compliance for geotextiles.
1.03 COMPLIANCE
A. All work shall be done in compliance with the provisions of all local, state and federal regulatory
agencies. Failure to comply with these provisions shall constitute grounds for the Owner ordering
work to cease until such provisions are met.
B. If required, the Contractor shall meet with the RIDEM, CRMC, and/or other regulatory agencies with
purview for clarification regarding requirements of the execution of, and compliance with,
environmental protection programs. The Contractor shall familiarize itself with the nature of the work
to be performed. The Contractor shall be responsible for scheduling its submittals and/or meetings, if
required, with the regulatory agencies.
PART 2.00 - PRODUCTS
2.01 SILTATION FENCE
A. Siltation fence shall conform to RI Std. detail 9.2.0.
B. Filter fabric siltation fencing shall be a woven filter fabric having a permittivity of not less than
0.05 sec-1, a water flow rate of a minimum 12 gallons per minute per square foot, and a grab
tensile strength of a minimum of 100 lbs. The material shall have a high sediment filtration
capacity, high slurry flow and minimum clogging characteristics.
C. Silt fences or sedimentation barriers shall consist of wood posts with industrial support netting and
sediment control filter fabric attached.
D. Wood post shall be standard 2”x2”x4.5’ long hardwood stakes commonly used to support filter
fabric. Silt fence shall be furnished standard with filter fabric attached to hardwood posts and
spaced at a maximum distance of 8 feet.
E. Provide suitable heavy nylon cord for securing abutting silt fence posts.
02270 - 120039.00 SECTION 02270
08/21 EROSION AND SEDIMENT CONTROL
F. The filter fabric material shall be needle punched non-woven polypropylene geotextile conforming
to the following criteria:
Fabric Properties Minimum Test Method
Acceptance Value
Grab Tensile Strength (1bs) 124 ASTM D4632
Elongation of Failure (%) 15 ASTM D4632
Mullen Burst Strength (PSI) 300 ASTM D3786
Puncture Strength (1bs) 100 ASTM D4833
Flow Rate (gal/min/sf) 10 ASTM D4491
Apparent Opening Size (sieve) 30 ASTM D4751
Ultraviolet Radiation (% strength retained) 70 ASTM D4355
Unit Weight 5 ASTM D3776
Thickness 80 ASTM D1777
Trapezoidal Tear Strength 50 ASTM D4533
Permittivity .01 ASTM D4491
G. Acceptable filter fabric materials include “Mirafi Envirofence”, “Propex Silt Stop” by Amoco
Fabrics Co or equal approved by the Designer.
H. Control fabric shall be at least 3 feet wide.
2.02 EROSION CONTROL MATS
A. Erosion control mats shall consist of temporary degradable rolled erosion control product
composed of processed natural or polymer fibers mechanically, structurally or chemically bound
together to form a continuous matrix to provide erosion control and facilitate vegetation
establishment
2.05 FILTER SOCKS
A. Filter Socks are biodegradable sediment-trapping devices. Manufacturers include SiltSoxx, Corr
Logs, Straw Wattles, or equal.
2.06 WOODEN STAKES
A. Stakes: Oak wood, minimum 2-inch by 2-inch, by minimum 54 inches long.
2.08 TEMPORARY CONSTRUCTION ACCESS
A. Geotextile: A non-woven geotextile fabric that meets the requirements of RI Std. detail 9.9.0.
Fabric shall be Type I geotextile as specified in SECTION 02200 or approved equal.
B. The surface course of the first 50 feet of the access road off of any paved roadway shall consist of
crushed stone. Beyond 50-feet, the roadway can consist of Engineered Fill, Gravel Borrow, or
Gravel Borrow Bedding.
02270 - 220039.00 SECTION 02270
08/21 EROSION AND SEDIMENT CONTROL
PART 3.00 - EXECUTION
A. If necessary, the Contractor shall furnish, install, and remove dewatering basins in accordance with RI
Std. 9.7.0.
B. The Contractor shall maintain baled straw, filter socks, and siltation fence in good condition,
rotating bales and replacing fencing periodically to maximize their effectiveness as sediment traps.
The Contractor shall remove accumulated sediment periodically as directed by the Engineer.
Remove baled straw, filter socks, and siltation fence in its entirety upon completion of the Work.
C. The Contractor is advised that river flows and water levels of resource areas may vary substantially
due to climatic and seasonal conditions and Contractor shall be responsible for controlling and
handling ground and or surface water regardless of the volume of water and regardless of whether
this flow is due to flood waters from storms.
D. The Contractor shall take every precaution to minimize and control erosion and turbidity within the
contract area. These precautions shall be subject to approval by the Engineer and shall include, but
not necessarily be limited to, the following:
1. Straw bale erosion barriers and sedimentation control fencing shall be staked in place down
gradient from all exposed materials storage areas in order to reduce the amount of suspended
solids in runoff water. The Contractor shall promptly remove any sedimentation buildup over
6 inches in depth that accumulates behind the erosion barriers. Barriers shall be checked after
every storm and at regular weekly intervals.
E. REMOVAL AND CLEAN UP: All temporary erosion control facilities and accumulated
sediments shall be removed and legally disposed in a neat and workmanlike manner when all
disturbed areas have been satisfactorily stabilized.
F. Provide approved jute mesh or erosion control mats installed in accordance with manufacturer’s
recommendations on slopes steeper than 3H:1V or as otherwise required or as requested by the
Owner’s representative.
END OF SECTION
02270 - 3Plans
Diamond Hill Park Improvements
Diamond Hill Park
Cumberland, Rhode Island
Prepared For
The Town of Cumberland, Rhode Island
INDEX OF DRAWINGS
N
SHEET No. DRAWING No. DESCRIPTION
W E
1 COVER SHEET
S
2 C1.0 NOTES
PARE CORPORATION Project Location 3 C2.0 EXISTING CONDITIONS PLAN
ENGINEERS - SCIENTISTS - PLANNERS
8 BLACKSTONE VALLEY PLACE
4 C3.0 DEMOLITION AND SEDIMENT
LINCOLN, RI 02865
401-334-4100
REMOVAL PLAN
5 C4.0 GENERAL PLAN BID # 2021-1001-01 (TYP.)
6 C5.0 DETAILS - 1
7 C5.1 DETAILS - 2
BID # 2021-1001-01
February 2021 Issued for Bids
Not For ConstructionBID # 2021-1001-01 (TYP.)
N.I.C.
BID # 2021-1001-01 (TYP.)
N.I.C.
SEDIMENT REMOVAL NOTES:
1. STOCKPILING OF EXCAVATED MATERIAL ON SITE IS PROHIBITED.
2. THE CONTRACTOR SHALL BE RESPONSIBLE FOR DISPOSAL OF ALL EXCAVATED MATERIAL IN ACCORDNACE WITH RHODE ISLAND, LOCAL, AND FEDERAL LAWS.
3. SEDIMENT REMOVAL SHALL BE IN ACCORDANCE WITH SECTION 202 OF THE RIDOT STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION, 2004 EDITION (AMENDED MARCH 2018).
4. ALL WORK PERFORMED SHALL BE IN ACCORDANCE WITH RIDEM PERMIT NO. 20-0207.
5. ALL WORK SHALL BE COORDINATED WITH THE TOWN OF CUMBERLAND AND THE ENGINEER.
6. THE CONTRACTOR SHALL SUBMIT A SEDIMENT REMOVAL PLAN PRIOR TO COMMENCING WORK.
7. THE WORK INCLUDES, BUT IS NOT LIMITED TO, THE FOLLOWING: INSTALLATION OF EROSION AND SEDIMENT CONTROL, INSTALLATION OF CONSTRUCTION ACCESS, INSTALLATION OF CONTROL OF WATER, POND
DRAWDOWN, SEDIMENT/DEBRIS REMOVAL AT POND AND FLOW CONTROL STRUCTURE LOCATED AT SOUTHWEST SIDE OF POND, PRESSURE WASHING OF EXISTING STONE MASONRY ALONG PERIMTER OF POND,
REMOVAL OF CONSTRUCTION ACCESS, RESTORATION OF DISTURBED AREAS, REMOVAL OF CONTROL OF WATER, AND REMOVAL OF EROSION AND SEDIMENT CONTROL.N.I.C.
N.I.C.
N.I.C.
RIDEM Permit
BID # 2021-1001-01 (TYP.)
Pond Management Plan
PARE PROJECT NO. 20039.00
Pond Management Plan
Diamond Hill T own P ar k
Stage Pond
Cumberland, Rhode Island
Town of Cumberland
45 Broad Street
Cumberland, RI
AUGUST 2020INTRODUCTION
This comprehensive Pond Management Plan for the Stage Pond at Diamond Hill Park has been prepared
to specify initial and long-term maintenance activities intended to improve the poor water quality and
aesthetics of the Pond. The Plan describes the existing and potential risks to water quality and
aesthetics of the impaired waterbody and presents strategies to address these issues. Included within
this Management Plan is background and history of the pond, existing conditions, an Initial Action Plan,
and a Long-Term Maintenance Plan. The plan was developed in collaboration with The Town of
Cumberland and is consistent with the current Diamond Hill Park Conservation and Management Plan.
1.1 Diamond Hill Town Park
Diamond Hill Town Park is located in the northeast corner of Cumberland, Rhode Island. Diamond Hill
itself is a unique geologic feature in Rhode Island positioned atop a deposit of vein quartz that extends
for over a mile long and up to 1,000 feet wide. The Town park is a 138-acre conservation area owned by
the Town of Cumberland. A variety of recreational opportunities are found in the park including hiking
and biking trails, athletic fields, a Performing Arts Pavilion, picnic area, and Ski Lodge for indoor events.
The park was acquired by the Town of Cumberland from the State of Rhode Island in 1998. The
undeveloped Diamond Hill State Park was retained by the state and lies directly west of the Town Park
across Diamond Hill Road.
The eastern portion of Diamond Hill Town Park consists of forested land and supports passive recreation
in the form of hiking and biking trails. The western portion of the park, along Diamond Hill Road, consists
of developed open space including athletic fields, an outdoor Performing Arts Pavilion, and parking lot.
This section of the park is heavily utilized for sporting events, festivals, and shows throughout the year
attracting crowds that reach into the thousands for high profile events such as Cumberland Fest.
The park is located within the Abbot Run Watershed and contributes to surface water reservoirs owned
and operated by the Pawtucket Water Supply Board. Four reservoirs, along with eight groundwater
wells, are part of the watershed and provide drinking water to Pawtucket, Central Falls, and
Cumberland. Forested conservation land that borders Diamond Hill Reservoir abuts the park to the east.
Arnolds Mills Reservoir is located a short distance southeast of the park. Sylvie’s Brook, a tributary of
Arnolds Mills Reservoir, flows through the park before entering the reservoir.
1The Stage Pond is located adjacent to the Performing Arts Pavilion and is artificially fed by flows diverted
from Sylvie’s Brook.
Figure 1: A map of Diamond Hill Town and State Parks and adjoining conservation land.
1.2 Restoration Goals
The Pond Management Plan is intended to improve the existing condition of the pond so that it
enhances, rather than detracts from, both water quality/aesthetics at the pond and the public’s
enjoyment of the park. The intended outcomes include improved pond water quality and aesthetics that
contribute to the parks recreational appeal and environment. This overarching goal can be accomplished
through the following management actions outlined in the Plan:
• Restore the connection to Sylvie’s Brook thereby improving water circulation in the pond
• Increase dissolved oxygen levels
2• Reduce the amount of sediment accumulation
• Reduce the amount of aquatic vegetation and algae
Management recommendations were developed by Pare Corporation in collaboration with the Town of
Cumberland. Data sources utilized in the preparation of this Management Plan included:
• Field Reviews
• RIGIS data
• RIDEM Application to Alter for the Renovation of The Cumberland Music Pavilion prepared by
The Gifford Design Group, Inc. 2013.
• Diamond Hill Town Park Conservation and Management Plan 2017-2022, prepared by The Town
of Cumberland, 2017.
• “Finding Aquatic Invasive Plants and Planning Lake Management” prepared by RIDEM Office of
Water Resources and URI Watershed Watch
• United States Geologic Survey. “Bedrock Geology of Rhode Island”, 1971.
1.3 Existing Site Conditions
The main entrance to the park is located
Figure 2: Stage Pond
in the northeastern portion of the park and Entrance to
Diamond Hill Park.
at the parking area off of Diamond Hill
Road. A paved walkway leads from the
parking lot into an open landscaped area
where the Performing Arts Pavilion is
located. This area is utilized for outdoor
events and shows as well as recreation.
The pavilion stage is located at the base
of a prominent depression in the
landscape creating a natural
amphitheater effect. Maintained grass
slopes provide an ideal space for audiences to set up chairs and blankets to view a show, and the paved
walk loops around the depression at the top of the slope. Immediately in front of the stage is a small
manmade pond (the “Stage Pond”), which totals approximately 13,052 square feet in area and
3separates the stage from the audience. Based upon research of historic aerial imagery and site plans the
pond was originally constructed sometime prior to 1976 by RIDEM Parks and most recently renovated in
the early 1980’s.
The stage pond is fed by Sylvie’s Brook which flows in a southerly direction from the outlet of Miscoe
Lake through Diamond Hill Park eventually discharging to Arnolds Mills Reservoir. The connection from
Sylvie’s Brook to the stage pond consists of a flow diversion structure that directs flow into the pond ,
and a stop log structure that controls water levels at the pond outlet. The diversion inlet does not
appear to be functioning properly resulting in poor circulation through the pond, a low flushing rate and
high residence times. The pond bottom is reported to be lined with clay and there is likely little or no
exchange between ground and surface waters. A large amount of organic matter has accumulated in the
pond over the years, and is typically exposed during the summer. Exposed to oxygen, the rotting
organic matter produces foul odors in the summer months and oxygen levels in the pond are likely very
limited. The collective observations described are all characteristic of a eutrophic waterbody that is
unable to sustain a functioning aquatic habitat. The likely reasons for this condition include poor
circulation of the pond and low dissolved oxygen levels both of which promote the growth of aquatic
vegetation and algae. Nutrient loading to the pond primarily comes from a drainage pipe that collects
runoff via a catch basin at the top of slope east of the pond. A retaining wall surrounding the pond
prevents overland runoff from entering the pond directly. Sylvie’s Brook is classified as an AA waterbody
under the RIDEM Water Quality Regulations and contributes to a drinking water reservoir. The brook is
not impaired and is likely not a significant source of nutrients. Runoff discharged to the pond is not
treated and is likely the primary contributor of nutrients to the pond. The attached Existing Conditions
Plan provides a detailed view of the pond in the current state.
Masonry retaining walls define the edge of the pond
and other than the connection to Sylvie’s Brook no
natural areas border the pond. Although numerous
issues are associated with the pond’s proximity to the
stage and audience area the diminished aesthetics,
poor water quality, and exposed accumulated
sediments appear to be the most significant.
Figure 3: View of the stage pond facing south.
41.4 Management History and Need
The condition of the pond and its associated detrimental effects on the Performing Arts venue have
resulted in several plans by the Town of Cumberland over the years to improve the stage front area,
including a plan to eliminate the pond entirely. In 2014 a Permit to Alter Freshwater Wetlands was
issued by RIDEM (Application No. 13-0108) to fill in the pond and extend the audience viewing area up
to the stage. The permit was renewed in 2019, however the Town has since abandoned the plan to fill in
the pond. Issues regarding public safety, ADA compliance, and water quality issues associated with the
stage pond still exist and need to be resolved. The Town of Cumberland is now proposing to renovate
the stage and surrounding area to address these issues and to improve the overall aesthetic of the
Performing Arts Pavilion.
PROPOSED POND MANAGEMENT
Pond Management will include an Initial Action Plan and a Long-Term Management Plan. The Initial
Action Plan will address immediate actions to improve conditions in the pond. The Long-Term
Management Plan will address recurring actions required to maintain the pond in a healthy and
aesthetically pleasing condition.
2.1 Initial Actions
The initial restoration phase of the management plan will include several measures to immediately
improve water quality and aesthetics in the Stage Pond. These actions will include removing
accumulated organic matter and sediment from the pond, repairing the inlet to improve flows into the
pond, and improving dissolved oxygen by installing aerators and fountains in the pond. These initial
steps are anticipated to improve water quality, aesthetics, and overall function of the pond as it was
originally intended. Below are descriptions of each recommendation.
5Repair Inlet and Outlet Structures
The existing inlet structure that conveys flow from Sylvie’s Brook to the stage pond is not properly
functioning. The structure is reported to consist of a 12-inch pipe, which may be damaged, collapsed,
and/or obstructed by debris. The condition of the inlet pipe is blocking inflow from the stream, severely
limiting flow through the pond resulting in a stagnant condition that can lead to algal blooms, low
oxygen conditions, and a host of other associated water quality issues. Therefore, restoration of the
connection between Sylvie’s Brook and the stage
pond is critical to improving the water quality of the
pond. Using coffer dams, the area around the inlet
pipe will be dewatered and exposed to allow it to
be inspected. The pipe will be cleaned out or
repaired as necessary. If inspection of the inlet
structure reveals significant deterioration it will be
replaced in kind. This pond inlet will need to be
monitored as part of the Long-Term Management
Figure 5: Inlet structure viewed from Sylvie’s Brook.
Plan addressed in section 2.2 below.
Sediment Removal
It is estimated that at least 18 inches of sediment,
organic matter, and debris have accumulated within
the pond. The decomposition of this material when
exposed to oxygen likely contributes to the foul odors
produced by the pond in the summer. The sediment
has accumulated to the extent that the pond is in the
process of transitioning away from an open water
body. Under this action the pond will be drawn down
Figure 4: Organic matter accumulated in the stage pond.
and temporarily separated from Sylvie’s Brook by a
series of coffer dams. Sediment will then be mechanically dredged to the depth of the clay liner pond
bottom. It is estimated that approximately 750 ± cubic yards of sediment will be removed from the
6 BID # 2021-1001-01 (TYP.)pond. Based upon the amount of accumulated sediment in the pond, dredging is the most practicable
method for sediment management.
Pond Aeration
The shallow depth of the pond compounded with excess vegetation and poor circulation have led to
conditions conducive to low dissolved oxygen levels within the pond. An aeration system that consists of
a diffuse aerator and possibly an aerating pond fountain would increase oxygen levels in the pond and in
turn improve water quality, reduce the amount of sediment and organic matter that accumulates in the
pond, and reduce the potential for algal blooms. Considering the small size of the pond there are various
options for aeration systems that could sufficiently increase oxygen throughout the pond. An aerating
fountain would improve the aesthetics of the pond and circulate water. However, a fountain will not
provide significant aeration to the pond and for this reason a diffuse aerator is recommended and may
be used in combination with a fountain.
2.2 Long-Term Recommendations
BID # 2021-1001-01 (TYP.)
In order to maintain the pond in a healthy condition regular monitoring and maintenance by the Town is
required. These long-term measures will prevent the current issues from recurring and thereby reduce
the need for frequent dredging and other management actions. Monitoring and Maintenance is
recommended on a yearly basis or when maintenance thresholds are met. Long-Term recommendations
and maintenance thresholds are outlined below.
Maintenance of Hydraulic Connection and Aerators
The inlet and outlet structures of the stage pond should be inspected and cleaned out on a yearly basis.
If obstructions are observed in the inlet or outlet structures, they should be cleared out as soon as
possible. Maintenance of operational inlet and outlet structures is critical to the circulation of the stage
pond and is one of the most efficient actions that can be done to keep the pond in a healthy condition.
7The aeration system should be inspected and cleaned every spring to ensure it is properly functioning
and the diffuser is not clogged. Regular cleaning and maintenance of the system will increase the life of
the aerator and reduce costs associated with replacement.
Water Supply
Additional long-term maintenance of the pond will include management of water levels when water
levels are significantly depleted in the pond. Recent observations in August indicate that water levels in
the pond become depleted during prolonged periods of drought. As an initial action a water supply line
will be installed at the southeast end of the pond to provide connection with an existing bedrock well
located near the asphalt roadway. As a long-term pond maintenance action, the supply line will help
keep water levels in the pond sustained when diversion from Sylvie’s Brook is unable to do so during
periods of drought. The supply line should only be utilized when water levels in the pond drop below
50% and no longer provides wetland function or value. The water supply line will reduce stresses on
Sylvie’s Brook during drought conditions by eliminating the diversion of water to the stage pond. It will
also provide a potential oasis for aquatic wildlife during periods of drought.
Aquatic Vegetation Management
Aquatic vegetation should be monitored on a yearly basis in the summer or fall months when vegetation
is active. Removal should be performed as necessary based upon the annual monitoring observations.
Removal could be performed on a more regular basis if monitoring identifies that annual removal is not
sufficient to control vegetation. Hand pulling is the recommended method for removal as it the pond is a
small enough area for it to be effective and not overly labor intensive. It will also minimize disturbance
to the aquatic environment and can be conducted in a selective manner. An alternative is to perform
winter drawdowns exposing the aquatic vegetation to freezing conditions. Application of herbicides is
not recommended due to the AA waterbody classification (within a watershed that contributes to a
surface drinking water reservoir).
Sediment Management
Sediment depths should be monitored with a probe every year in the spring to determine sediment
depths within the pond. Should sediment depths greater than 4 inches be present, the pond should be
drawn down during the following dry season or following winter and the sediment removed manually by
hand. The installation of an aeration system and proper functionality of the inlet and outlet structures
8should inhibit the accumulation of sediment and dredging is a restoration method that should only be
used when sediment depths become problematic to the health and aesthetics of the pond (i.e., >4”).
CONCLUSION
Proper management of the Stage Pond in Diamond Hill Park will improve the water quality, aesthetics,
and the overall environment of the park and will enhance the functionality of the Performing Arts
Pavilion. Positive results to the pond are contingent upon diligent maintenance and monitoring of the
pond as addressed in the recommendations above. This Management Plan should be viewed as a living
document and lessons learned during implementation of the various management actions should be
considered when planning future management actions.
9EXISTING CONDITIONS PLAN
Town of Cumberland BID # 2021-1001-01
TOWN OF CUMBERLAND
BID # 2021-1001-01
BID PROPOSAL
SEDIMENT REMOVAL AT DIAMOND HILL PARK POND
Diamond Hill Park Improvements
Cumberland, Rhode Island
Name of Bidder:
Address:
FEIN:
NOTE: THE TOTAL BID PRICE MUST BE WRITTEN IN WORDS AND FIGURES. IN CASE OF
DISCREPANCY, THE AMOUNT SHOWN IN WORDS WILL GOVERN.
SEDIMENT REMOVAL AT DIAMOND HILL PARK POND
Total Bid Price: (Figures)
Total Bid Price: (Written)
The undersigned acknowledges Appendix A (Anti-Kickback Acknowledgement) and Appendix B
(General Terms and Conditions of Purchase) contained in the Bid Documents.
By: Title:
Typed Name Date
Bid ProposalAppendix A
ANTI-KICKBACK ACKNOWLEDGMENT
ALL BIDDERS/OFFERORS MUST ATTEST TO THE FOLLOWING:
The vendor acknowledges, under the pains and penalties of perjury, that he/she has not been
offered, paid, or solicited for any contribution or compensation, nor has he/she been granted a
gift, gratuity, or other consideration, either directly or indirectly by any officer, employee or
member of the governing body of the Town of Cumberland who exercises any functions or
responsibilities in connection with either the award or execution of the project to which this
contract pertains.
Further, the vendor acknowledges, under the pains and penalties of perjury, that he/she has not
offered, paid, or solicited by way of any contribution or compensation, nor has he/she granted a
gift, gratuity or other consideration either directly or indirectly to any officer, employee, or
member of the governing body of the Town of Cumberland who exercises any functions or
responsibilities in connection with either the award or execution of the project to which this
project or contract pertains.
Signature of Officer Date
Title Company
Title of RFP
ORIGINAL: OCTOBER 2018 REVISED: N/A
APPENDIX A, page1Appendix B
TOWN OF CUMBERLAND
GENERAL TERMS AND CONDITIONS OF PURCHASE
The Town of Cumberland’s Finance Office may, from time to time, make amendments to the General
Terms and Conditions when the Town of Cumberland’s Finance Director determines that such
amendments are in the best interest of the Town of Cumberland. Amendments shall be made available
for public inspection at the Finance Office located in Cumberland Town Hall and online at
https://www.cumberlandri.org/finance/ but shall not require formal public notice and hearing. Copies of
the Terms and Conditions shall be provided to any individual or firm requesting them.
TOWN OF CUMBERLAND’S PURCHASING OFFICE GENERAL CONDITIONS OF
PURCHASE
All Town of Cumberland purchase orders, contracts, solicitations, delivery orders and service requests
shall incorporate and be subject to the provisions of Rhode Island General Laws 8-15-4 and the Town of
Cumberland purchasing rules and regulations adopted pursuant thereto, all other applicable provisions of
the Rhode Island General Laws, the Cumberland Town Charter, specific requirements described in the
Request or Contract, and the following General Conditions of Purchase:
1. GENERAL
All purchase orders, contracts, solicitations, delivery orders, and service requests are for specified
goods and services, in accordance with express terms and conditions of purchase, as defined herein.
For the purposes of this document, the terms "bidder" and "contractor" refer to any individual, firm,
corporation, or other entity presenting a proposal indicating a desire to enter into contracts with the
Town of Cumberland, or with whom a contract is executed by the Town of Cumberland’s Finance
Director, and the term "contractor" shall have the same meaning as "vendor".
2. ENTIRE AGREEMENT
The Town of Cumberland’s Purchase Order, or other Town of Cumberland contract endorsed by the
Town of Cumberland Finance Office, shall constitute the entire and exclusive agreement between the
Town of Cumberland and any contractor receiving an award. In the event any conflict between the
bidder's standard terms of sale, these conditions or more specific provisions contained in the
solicitation shall govern.
All communication between the Town of Cumberland and any contractor pertaining to any award or
contract shall be accomplished in writing.
A) Each proposal will be received with the understanding that the acceptance, in writing, by contract
or Purchase Order by the Town of Cumberland Finance Director of the offer to do work or to
furnish any or all the materials, equipment, supplies or services described therein shall constitute
a contract between the bidder and the Town of Cumberland. This shall bind the bidder on his part
APPENDIX B, page ito furnish and deliver at the prices and in accordance with the conditions of said accepted
proposal and detailed specifications and the Town of Cumberland on its part to order from such
contractor (except in case of emergency) and to pay for at the agreed prices, all materials,
equipment, supplies or services specified and delivered. A contract shall be deemed executory
only to the extent of funds available for payment of the amounts shown on Purchase Orders
issued by the Town of Cumberland to the contractors.
B) No alterations or variations of the terms of the contract shall be valid or binding upon the Town
of Cumberland unless submitted in writing and accepted by the Town of Cumberland Finance
Director. All orders and changes thereof must emanate from the Town of Cumberland
Purchasing Office: no oral agreement or arrangement made by a contractor with a department or
employee will be considered to be binding on the Town of Cumberland Finance Director, and
may be disregarded.
C) Contracts will remain in force for the contract period specified or until all articles or services
ordered before date of termination shall have been satisfactorily delivered or rendered and
accepted and thereafter until all terms and conditions have been met, unless:
i) terminated prior to expiration date by satisfactory delivery against orders of entire quantities,
or
ii) extended upon written authorization of the Town of Cumberland Finance Director and
accepted by the contractor, to permit ordering of the unordered balances or additional
quantities at the contract price and in accordance with the contract terms, or
iii) canceled by the Town of Cumberland in accordance with other provisions stated herein.
D) It is mutually understood and agreed that the contractor shall not assign, transfer, convey, sublet
or otherwise dispose of this contract or his right, title or interest therein, or his power to execute
such contract, to any other person, company or corporation, without the previous consent, in
writing, of the Town of Cumberland Finance Director.
E) If, subsequent to the submission of an offer or issuance of a purchase order or execution of a
contract, the bidder or contractor shall merge with or be acquired by another entity, the contract
may be terminated, except as a corporate resolution prepared by the contractor and the new entity
ratifying acceptance of the original bid or contract terms, condition, and pricing is submitted to
the Town of Cumberland Purchasing Office, and expressly accepted.
F) The contractor or bidder further warrants by submission of an offer or acceptance of a purchase
order or other contract that he has no knowledge at the time of such action of any outstanding and
delinquent or otherwise unsettled debt owed by him to the Town of Cumberland, and agrees that
later discovery by the Town of Cumberland Finance Director that this warranty was given in spite
of such knowledge, except where the matter is pending in hearing or from any appeal therefrom,
shall form reasonable grounds for termination of the contract.
APPENDIX B, page ii3. RELATIONSHIP OF PARTIES
The contractor or bidder warrants, by submission of an offer or acceptance of a purchase order or
other contract, that he is not an employee, agent, or servant of the Town of Cumberland, and that he is
fully qualified and capable in all material regards to provide the specified goods and services.
Nothing herein shall be construed as creating any contractual relationship or obligation between the
Town of Cumberland and any sub-bidder, subcontractor, supplier, or employee of the contractor or
offeror.
4. COSTS OF PREPARATION
All costs associated with the preparation, development, or submission of bids or other offers will be
borne by the offeror. The Town of Cumberland will not reimburse any offeror for such costs.
5. SPECIFIED QUANTITY REQUIREMENT
Except where expressly specified to the contrary, all solicitations and contracts are predicated on a
specified quantity of goods or services, or for a specified level of funding.
A) The Town of Cumberland reserves the right to modify the quantity, scope of service, date of
delivery or completion, or funding of any contract, with no penalty or charge, by written notice to
the contractor, except where alternate terms have been expressly made a part of the contract.
B) The Town of Cumberland shall not accept quantities in excess of the specified quantity except
where the item is normally sold by weight (where sold by weight, the Town of Cumberland will
not accept quantities greater than ten per cent [10%] of the specified quantity), or where the
Request or Contract provides for awards for other than exact quantities.
C) Purchase Orders or other contracts may be increased in quantity or extended in term without
subsequent solicit with the mutual consent of the contractor and the Town of Cumberland, where
determined by the Town of Cumberland Finance Director to be in the Town of Cumberland's best
interest.
6. DELIVERY/COMPLETION
Delivery must be made as ordered and/or projects completed in accordance with the proposal. If
delivery qualifications do not appear on the bidder's proposal, it will be interpreted to mean that
goods are in stock and that shipment will be made within seven (7) calendar days. If the project
completion date is not specified in the proposal, the date shall be determined by the Town of
Cumberland Finance Director. The decision of the Town of Cumberland Finance Director, as to
reasonable compliance with the delivery terms, and date of completion shall be final. Burden of
proof of delay in receipt of order shall rest with the contractor. No delivery charges shall be added to
invoices except when authorized on the Purchase Order.
7. FOREIGN CORPORATIONS
In accordance with Title 7 Chapter 1.1 (“Business Corporations”) of the General Laws of Rhode
Island, no foreign corporation shall have the right to transact business in this state until it shall have
procured a certificate of authority so to do from the Secretary of State.
APPENDIX B, page iii8. PRICING
All pricing offered or extended to the Town of Cumberland is considered to be firm and fixed unless
expressly provided for to the contrary. All prices shall be quoted F.O.B. Destination with freight costs
included in the unit cost to be paid by the Town of Cumberland, except, where the Request or
Contract permits, offers reflecting F.O.B. Shipping Point will be considered, and freight costs may
then be prepaid and added to the invoice.
9. COLLUSION
Bidder or contractor warrants that he has not, directly or indirectly, entered into any agree participated
in any collusion or otherwise taken any action in restraint of full competitive bidding. In special
circumstances, an executed affidavit will be required as a part of the bid.
10. PROHIBITION AGAINST CONTINGENT FEES AND GRATUITIES
Bidder or contractor warrants that he has not paid, and agrees not to pay, any bonus, commission, fee,
or gratuity to any employee or official of the Town of Cumberland for the purpose of obtaining any
contract or award issued by the Town of Cumberland. Bidder or contractor further warrants that no
commission or other payment has been or will be received from or paid to any third party contingent
on the award of any contract by the Town of Cumberland, except as shall have been expressly
communicated to the Town of Cumberland Finance Director in writing prior to acceptance of the
contract or award in question. Subsequent discovery by the Town of Cumberland of non-compliance
with these provisions shall constitute sufficient cause for immediate termination of all outstanding
contracts and suspension or debarment of the bidder(s) or contractor(s) involved.
11. AWARDS
Awards will be made with reasonable promptness and by written notice to the successful bidder
(only); bids are considered to be irrevocable for a period of ninety (90) days following the bid
opening unless expressly provided for to the contrary in the Request, and may not be withdrawn
during this period without the express permission of the Town of Cumberland Finance Director.
A) Awards shall be made to the bidder(s) whose offer(s) constitutes the lowest responsive price offer
(or lowest responsive price offer on an evaluated basis) for the item(s) in question or for the
Request as a whole, at the option of the Town of Cumberland. The Town of Cumberland reserves
the right to determine those offers which are responsive to the Request, or which otherwise serve
its best interests.
B) The Town of Cumberland reserves the right, before making award, to initiate investigations as to
whether or not the materials, equipment, supplies, qualifications or facilities offered by the bidder
meet the requirements set forth in the proposal and specification, and are ample and sufficient to
insure the proper performance of the contract in the event of award. If upon such examination it is
found that the conditions of the proposal are not complied with or that articles or equipment
proposed to be furnished do not meet the requirements called for, or that the qualifications or
facilities are not satisfactory, the Town of Cumberland may reject such a bid. It is distinctly
understood, however, that nothing in the foregoing shall mean or imply that it is obligatory upon
the Town of Cumberland to make any examinations before awarding a contract; and it is further
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