17-08 IFB Cameron Senior Center Painting w PW May 2017.pdf

CONTRACT DOCUMENTS AND SPECIFICATIONS

for

Cameron Senior Center Exterior Painting

INVITATION FOR BIDS #2017-08

Jodi Ross, Town Manager

Town Manager’s Office Town Hall, 55 Main Street

Westford, MA 01886

(978) 692-5501 eheideman@westfordma.gov

Table of Contents

INVITATION FOR BIDS

INSTRUCTIONS TO BIDDERS

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AWARD AND EXECUTION OF CONTRACT

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BID FORM

BID SECURITY BOND

STATEMENT OF BIDDER'S QUALIFICATIONS

CONTRACT AGREEMENT

NOTICE OF INTENT TO AWARD

NOTICE TO PROCEED

PAYMENT BOND

CONTRACTOR'S AFFIDAVIT

CONTRACTOR'S RELEASE

GENERAL REQUIREMENTS

CONTROL OF WORK

INSURANCE REQUIREMENTS

TEMPORARY FACILITIES

MEASUREMENT AND PAYMENT

TECHNICAL SPECIFICATIONS

ADDITIONAL REQUIREMENTS

EXECUTION AND CLOSEOUT REQUIREMENTS

PAINTING SPECIFICATIONS

PHOTOGRAPHS OF CAMERON SENIOR CENTER

INVITATION FOR BIDS

Sealed bid proposals, plainly marked on both the outside of the mailing envelope as well as the sealed bid envelope with “Cameron Senior Center Exterior Painting”, Bid #2017-08”, addressed to the Town Manager’s Office, 55 Main Street Westford, MA 01886, will be accepted until May 3, 2017 at 11:00 a.m. at which time all bids will be publicly opened and read aloud. A mandatory pre-bid meeting will be held April 26, 2017 at 10:00 a.m. at the front entrance of

Cameron Senior Center, 20 Pleasant Street Westford, MA 01886.

The work shall consist of selective trim and siding repairs, preparing, priming and painting eaves, louvers, deck rails, siding, cupula, doors, and window/door frames at the Cameron Senior Center.

Completion date will be 45 calendar days starting from the issuance of a notice to proceed.

Contractors must have at least ten (10) years of successful experience in the field of exterior painting. In addition, a copy of the contractor’s current Certificate of Lead Safe Training from the Commonwealth of Massachusetts is required with the bid. A payment bond in the amount of 50% and a bid deposit in the amount of 5% of bid price will be required for this project. Bidders must determine the quantities of work required and the conditions under which the work will be performed.

Specifications and bid proposal forms may be obtained from the town’s website at http://www.westfordma.gov/bidlist. Questions may be directed to Eric Heideman, Assistant

Town Manager at eheideman@westfordma.gov or 978-692-5501. The deadline for questions is April 28, 2017 at 4:00 p.m. Addenda to this bid document, if any, including written answers to questions, will be posted on the town’s website at http://www.westfordma.gov/bidlist under the project heading.

The town of Westford reserves the right to reject any or all bids, to waive minor informalities, to re-bid, and to accept any bid that it may deem to be in the best interest of the town.

Each bidder shall furnish a bid security in the amount of five percent (5%) of the bid total. The bid security may be in the form of a certified check or a bid bond executed by a surety company authorized to do business in the Commonwealth of Massachusetts, made payable to the “Town of Westford”.

http://www.westfordma.gov/bidlist mailto:eheideman@westfordma.gov

INSTRUCTIONS TO BIDDERS

1. Special Notice to Bidders

Appended to these instructions is a complete set of bidding and general contract forms. These forms may be detached and executed for the submittal of bids. The specifications and other documents designated in the proposal form will be considered as part of the bid, whether attached or not.

The bidders must submit a statement of bidder’s qualifications, if requested, subsequent to bid opening but prior to award.

Addenda to this bid, if any, including written answers to questions, will be posted on the town of Westford’s website at http://www.westfordma.gov/bidlist. Contractors submitting a bid should check the web site daily for addenda and updates after the release date. Firms should print out, sign and return addenda with the bid. Failure to do so may result in disqualification.

The deadline for questions and additional information is April 28, 2017 at 4:00 p .m. Questions should be directed to Eric Heideman, Assistant Town Manager at eheideman@westfordma.gov

2. Interpretation of Quantities in Bid Schedules

The quantities appearing in the bid schedule are approximate only and are prepared for the comparison of bids. Payment to the contractor will be made only for actual work performed and accepted in accordance with the contract. Any scheduled item of work to be done and materials to be furnished may be increased, decreased or omitted as hereinafter provided, and no claim for loss, anticipated profits or costs incurred in anticipation of work not ultimately performed will be allowed due to such increase or decrease.

3. Examination of Plans, Specifications and Site Work

The bidder is expected to examine carefully the site of the proposed work, the plans, standard specifications, supplemental specifications, special provisions and contract forms before submitting a bid. The submission of a bid shall be considered conclusive evidence that the bidder has made such examination and is satisfied as to the conditions to be encountered in performing the work and as to the requirements of the contract. It will be conclusive evidence that the bidder has also investigated and is satisfied with the sources of supply for all materials.

Plans, surveys, measurements, dimensions, calculations, estimates and statements as to the condition under which the work is to be performed are believed to be correct, but the contractors must examine for themselves, as no allowance will be made for any errors or inaccuracies that maybe found therein.

4. Familiarity with Laws

The bidder is assumed to have made himself or herself familiar with all federal and state laws and all local by-laws, ordinances and regulations which in any manner affect those engaged or employed on the work or affect the materials or equipment used in the work or affect the mailto:eheideman@westfordma.gov conduct of the work, and the bidder, if awarded the contract, shall be obligated to perform the work in conformity with said laws, by-laws, ordinances and regulations notwithstanding its ignorance thereof. If the bidder shall discover any provision in the plans or specifications which is in conflict with any such law, by-law, ordinance or regulation the bidder shall forthwith report it to the Assistant Town Manager Eric Heideman.

5. Preparation of Bids

a) The bidder shall submit its bid-proposal upon the forms furnished by the town. The bidder shall specify a lump sum price in figures, for each pay item for which a quantity is given and shall also show the products of the respective prices and quantities written in figures in the column provided for that purpose and the total amount of the bid obtained by adding the amount of the several items. All words and figures shall be in ink or typed. If a unit price or a lump sum bid already entered by the bidder on the bid form is to be altered it should be crossed out with ink, the new unit price or lump sum bid entered above or below it and initialed by the bidder, also with ink.

b) The bidder's bid-proposal must be signed with ink by the individual, by one or more general partners of a partnership, by one or more members or officers of each firm representing a joint venture, by one or more officers of a corporation, by one or more members (if member-managed) or managers (if manager-managed) of a limited liability company, or by an agent of the contractor legally qualified and acceptable to the owner. If the bid is made: by an individual, his or her name and post office address must be shown; by a partnership the name and post office address of each general and limited partner must be shown; as a joint venture, the name and post office address of each venturer must be shown; by a corporation, the name of the corporation and its business address must be shown, together with the name of the state in which it is incorporated, and the names, titles and business addresses of the president, secretary and treasurer.

6. Nonconforming Bids

Bids will be considered nonconforming and may be rejected in the owner's sole discretion for any of the following reasons:

If the bid is on a form other than that furnished by the owner, or if the form is altered or any portion thereof is detached;

If there are unauthorized additions, conditional or altered bids, or irregularities of any kind which may tend to make the bid or any portion thereof incomplete, indefinite or ambiguous as to its meaning;

If the bidder adds any provisions reserving the right to accept or reject an award, or to enter into a contract pursuant to an award; or

If the bid does not contain a unit price for each pay item listed except in the case of authorized alter pay items.

7. Bid Guaranty

No bid will be considered unless accompanied by a bid deposit in an amount not less than the amount indicated in the Invitation For Bids. All bid deposits shall be made payable to the "Town of Westford". If a bid bond is used by the bidder it shall be:

In a form satisfactory to the owner;

With a surety company licensed, authorized to do business in, and subject to the jurisdiction of the courts of the Commonwealth of Massachusetts; and Conditioned upon the faithful performance by the principal of the agreements contained in the sub-bid or the general bid.

In the event any irregularities are contained in the bid guaranty, the bidder will have four business days (not counting the day of opening) to correct any irregularities. The corrected guaranty must be received by 4:00 p.m. If irregularities are not corrected to the satisfaction of the owner, the owner, in its sole discretion, may reject the bid.

8. Delivery of Bids

When sent by mail, the sealed bid shall be addressed to the owner at the address and in the care of the official in whose office the bids are to be received. All bids shall be filed prior to the time and at the place specified in the invitation for bids. Bids received after the time for opening of the bids will be returned to the bidder, unopened.

9. Withdrawal of Bids

A bidder will be permitted to withdraw his or her bid unopened after it has been submitted if the owner receives a request for withdrawal in writing prior to the time specified for opening the bids.

10. Public Opening of Bidss

Bids will be opened and read publicly at the time and place indicated in the Invitation For Bids. Bidders, their authorized agents, and other interested parties are invited to be present.

11. Disqualification of Bidders

Any or all of the following reasons may be deemed by owner in its sole discretion as being sufficient for the disqualification of a bidder and the rejection of his bid:

More than one bid for the same work from an individual, firm, or corporation under the same or different name;

Evidence of collusion among bidders;

Failure to submit all required information requested in the bid specifications;

Contractor lacks sufficient experience in painting (10 years minimum);

Lack of competency or of adequate machinery, plant or other equipment, as revealed by the statement of bidders qualification or otherwise;

Uncompleted work which, in the judgment of the owner, might hinder or prevent the prompt completion of additional work if awarded;

Failure to pay, or satisfactorily settle, all bills due for labor and materials on former contracts;

Default or unsatisfactory performance on previous contracts; or Such disqualification would be in the best interests of the owner.

12. Material Guaranty and Samples

Before any contract is awarded, the bidder may be required to furnish a complete statement of the origin, composition and manufacture of any or all materials to be used in the construction of the work, and the owner may, in its sole discretion, reject the bid based on the contents of the statement or as a result of the failure of the bidder to submit the statement.

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AWARD AND EXECUTION OF CONTRACT

1. Consideration of Bids

After the bids are opened and read, they will be compared on the basis of the total price for all sections of work to be charged to perform the work and any such additional considerations as may be identified in the bid documents. The results of such comparisons will be made available to the public upon request. In case of a discrepancy between the prices written in words and those written figures, the prices written in words shall govern. In case of a discrepancy between the total shown in the bid and that obtained by adding the products of the quantities of items and unit bid prices, the latter shall govern.

2. Award of Contract

Within 30 calendar days after the opening of bids, if a contract is to be awarded, the award will be made to the lowest responsible and qualified bidder whose proposal complies with all the requirements prescribed. The successful bidder will be notified, in writing, mailed to the address on his or her bid, that his or her bid has been accepted and that the bidder has been awarded the contract.

The award shall not be considered official until such time that a Purchase Order, fully executed contract or an award letter has been issued by the town. No presumption of award shall be made by the bidder until such documents are in hand. Verbal notification of award is not considered official. Any action by the bidder to assume otherwise is done so at his/her own risk and the town will not be held liable for any expense incurred by a bidder that has not received an official award.

Determination of the lowest bidder will be based on the base bid only for the work described on the bid proposal form. Contract award is dependent upon available funds.

3. Reservation of Rights

The owner reserves the right to reject any or all bids, waive minor informalities, or to advertise for new bids, if, in the sole discretion of the owner, the best interest of the town of Westford will be promoted thereby.

The town reserves the right to make inquiries regarding the qualifications and reputation of the bidder. By submitting a bid proposal, bidder agrees to hold harmless the owner and its employees and agents from any and all claims, actions, and damages arising from such investigation. Bidder may be requested to execute releases.

The owner reserves the right to cancel the award of any contract at any time before the execution of such contract by all parties without any liability of the owner.

4. Return of Bid Guaranty

All bid guaranties, except those of the three lowest bidders, will be returned upon request following the opening and checking of the bids. The bid guaranties of the three lowest bidders will be returned within ten days following the award of the contract if requested.

5. Contract Bonds

At the time of the execution of the contract, the successful bidder shall furnish: Payment bond in the sum equal to fifty percent (50%) of the contract amount.

Each bond shall be: (1) in a form satisfactory to the owner; (2) with a surety company licensed and authorized to do business and with a resident agent designated for services of process in the Commonwealth of Massachusetts; and (3) conditioned upon the faithful performance by the principal of the agreements contained in the original bid. All premiums for the contract bonds are to be paid by the contractor.

6. Execution and Approval of Contract

The successful bidder is required to present all contract bonds, to provide proof of insurance, and to execute the contract within 10 days following receipt of the town’s notification of acceptance of the bid.

No contract shall be considered as in effect until it has been fully executed by all parties.

7. Failure to Execute Contract

Failure to execute the contract and file acceptable bonds within 10 days after notification of acceptance of bid shall be just cause for the cancellation of the award and the forfeiture of the bid guarantee which shall become the property of the owner, not as a penalty, but in liquidation of damages sustained. Award may then be made to the next lowest responsible bidder, or the town may exercise its reserved rights including the rejection of all bids or re-advertisement.

BID FORM

To the Town of Westford, Massachusetts, herein called the Owner.

The undersigned, as Bidder, herein referred to as singular and masculine declares as follows:

1. All interested in the Bid as Principals are named herein.

2. This bid is not made jointly, or in conjunction, cooperation or collusion with any other person, firm, corporation, or other legal entity;

3. No officer, agent or employee of the Owner is directly or indirectly interested in this

Bid.

4. The Bidder has carefully examined the sites of the proposed work and fully informed and satisfied himself as to the conditions there existing, the character and requirements of the proposed work, the difficulties attendant upon its execution and the accuracy of all estimated quantities stated in this Bid, and the Bidder has carefully read and examined the Agreement, Specifications and other Contract Documents therein referred to and knows and understands the terms and provisions thereof.

5. The Bidder understands: the quantities of work calculated in the Bid or indicated on the

Drawings or in the Specifications or other Contract Documents are approximate and are subject to increase or decrease or deletion as deemed necessary by the town; any such changes will not result in or be justification for any penalty or increase in contract prices; and agrees that, if the Bid is accepted the Bidder will contract with the Owner, as provided in the Contract Documents, this Bid Form being part of said Contract Documents, and that the Bidder will supply or perform all labor, services, plant, machinery, apparatus, appliances, tools, supplies and all other activities required by the Contract Documents in the manner and within the time therein set forth, and that the Bidder will take in full payment therefor the following item prices.

6. It is the intention of this contract that the items listed above describe completely and thoroughly the entirety of the work as shown on the plans and as described in the specifications. All other items required to accomplish the above items are considered to be subsidiary work, unless shown as a pay item.

Exterior painting of the Cameron Senior Center (Base Bid)

In Figures $___________________________________________________

In Words ______________________________________________________Dollars

PROPOSAL FORM (Continued)

Contract award is contingent upon available funding.

UNIT PRICING:

At the Owner’s option, the following Unit Prices shall be used for additions and/or deletions to the Scope of Work, and shall be inclusive of furnishing and installing of material, labor, trucking, overhead, profit, equipment, hoisting, engineering, scaffolding, power hookups, protection, shop drawings, taxes, permits, appliances, delivery and supervision and shall remain in effect until completion of the contract.

1) Furnish and install new wood clapboard siding where rotted sections are identified during the project, pricing per linear foot to replace:

In Figures $_____________________________________

In Words _____________________________________

2) Furnish and install new wood trim around windows, pricing per linear foot to replace:

In Figures $_____________________________________

In Words _____________________________________

To Bidder: It is the intention of this contract that the items listed above describe completely and thoroughly the entirety of the work as described in the specifications. All items required to accomplish the above items are considered to be subsidiary work, unless shown as a pay item.

The undersigned agrees that for extra work, if any, performed in accordance with the terms and provisions of the Contract Documents, the Bidder will accept compensation as stipulated therein.

DATE COMPANY

BY: _________________________

TITLE

NAME

SIGNATURE

STREET ADDRESS, CITY, STATE, ZIPCODE, TELEPHONE

NUMBER

All Bids are to be submitted on this form and in a sealed envelope, plainly marked on the outside with the Bidder's name and address and the Project name as it appears at the top of the Bid Form.

BID SECURITY BOND

(This format provided for convenience, actual Bid Bond is acceptable in lieu of)

KNOW ALL MEN BY THESE PRESENTS, that we the undersigned ____________________________, as Principal, and_______________________________, as Surety, are hereby held and firmly bound unto _______________________________IN THE SUM OF______________________________________ as liquidated damages for payment of which, well and truly to be made we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns.

The condition of this obligation is such that whereas the Principal has submitted to the

A CERTAIN Bid attached hereto and hereby made a part hereof to enter into a contract in writing, hereinafter referred to as the "AGREEMENT" and or "CONTRACT", for

NOW THEREFORE,

(a) If said Bid shall be rejected or withdrawn as provided in the INFORMATION FOR BIDDERS attached hereto or, in the alternative,

(b) If said Bid shall be accepted and the Principal shall duly execute and deliver the form of AGREEMENT attached hereto and shall furnish the specified bonds for the faithful performance of the AGREEMENT and/or CONTRACT and for the payment for labor and materials furnished for the performance of the AGREEMENT and or CONTRACT, then this obligation shall be void , otherwise it shall remain in full force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder in no event shall exceed the amount of this obligation.

The Surety, for value received, hereby agrees that the obligation of said surety and its bond shall be in no way impaired or affected by any extensions of the time within such BID may be accepted, and said Surety does hereby waive notice of any such extension.

IN WITNESS WHEREOF, the parties hereto have duly executed this bond on the ________________ day of __________, 20____.

_________________________________L.S.

(Name of Principal)

(SEAL)

BY _______________________________

(Name of Surety)

BY _______________________________

STATEMENT OF BIDDER'S QUALIFICATIONS

All questions must be answered and the data given must be clear and comprehensive. Add separate sheets if necessary

1. Name of Bidder: _________________________________________

2. Permanent Main Office Address: ______________________________________

3. Form of Entity: ________________________________________________

4. When Organized: __________________________________________________

5. Where Organized: ____________________________________________________

6. How many years have you been engaged in the contracting business under your present name; also state names and dates of previous firm names, if any.

7. How many years have you been engaged in the contracting business under your present name; also state names and dates of previous firm names, if any.

Contracts on hand; (schedule these, showing gross amount of each contract and the approximate anticipated dates of completion).

8. General character of work performed by your company.

9. Have you failed within the last seven years to complete any work awarded to you?

_____(no)____(yes). If so, where and why?

10. Have you defaulted on a contract within the last seven years?

_____(no)_____(yes). If so, where and why?

11. Have you ever failed to complete a project in the time allotment according to the

Contract Documents?

_______(no)_____(yes). If so, where and why?

12. List the most important contracts recently executed by your company, stating approximate cost for each, and the month and year completed.

13. List your major equipment available for this contract.

14. List your key personnel such as project superintendent and foremen available for this contract.

15. List any subcontractors whom you would expect to use for this project and their scope of work (unless this work is to be done by your own organization).

Subcontractor: ____________________________________________________________

Scope of work: ___________________________________________________________ (The town reserves the right to approve or disapprove subcontractors for this project)

16. Contractor must have at least ten years’ prior experience in commercial painting projects.

Describe that prior experience, identifying projects/contracts that have been successfully completed within the last ten years.

Latest Financial Statements: The town reserves the right to request Bidders’ latest Financial

Statements. Certified Audited Statements, if available, prepared by an independent certified public accountant, may be requested by Owner. If requested, such statements must be provided within five (5) business days or the bid proposal will be rejected. Certified Audited Statements are preferred. Internal statements may be used only if independent statements were not prepared.

Dated at _______________ this ________ day of ________, 20___.

Name of Bidder

BY_______________________________

TITLE_______________________________

State of__________________

County of____________________

____________________________being duly sworn, deposes and says that the bidder is _____________of___________________________

(Name of Organization) and answers to the foregoing questions and all statements contained therein are true and correct.

Sworn to before me this ____day of ______, 20__.

Notary of Public

My Commission expires____________________

CONTRACT AGREEMENT

THIS AGREEMENT made as of the ___ day of ___________ in the year 2017, by and between the town of Westford, Massachusetts (hereinafter call the Owner) and ___________________ (hereinafter called the Contractor), WITNESSETH; that the Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows:

ARTICLE I- Work - The Contractor shall perform all work as specified or indicated in the Contract Documents for the completion of the Project. The Contractor shall provide, at his expense, all labor, materials, equipment and incidentals as may be necessary for the expeditious and proper execution of the Project.

ARTICLE II - ENGINEER - The Engineer shall mean the Assistant Town Manager, or his authorized representative, who will act as engineer in connection with completion of the Project in accordance with the Contract Documents.

ARTICLE III - CONTRACT TIME - The work will commence and finish in accordance with the Notice to Proceed and shall be completed within 45 days from the Notice To Proceed.

ARTICLE IV - CONTRACT PRICE - Owner shall pay Contractor for performance of the work in accordance with the Contract Documents.

ARTICLE V - PAYMENT - Upon final acceptance of the work and settlement of all claims, Owner shall pay the Contractor the Contract Price, subject to additions and deductions provided for in the Contract Documents.

ARTICLE VI - RETAINAGE – To insure the proper performance of this Contract, the Owner shall retain ten (10%) percent of the Contract Price as specified in the Contract Documents.

ARTICLE VII - LIQUIDATED DAMAGES - In event the Contractor fails to successfully complete the work within the specified contract time the Owner shall assess the Contractor liquidated damages in the amount of one hundred dollars ($100.00) for each calendar day beyond the specified completion date. Liquidated damages shall be deducted from the Contract Price prior to final payment of the Contractor.

ARTICLE VIII – CONTRACT DOCUMENTS – The Contract Documents which comprise the contract between Owner and Contractor are attached hereto and made a part hereof and consist of the following:

8.1 This Agreement

8.2 Contractor’s Bid and Bonds

8.3 Notice of Award, Notice to Proceed

8.4 Instruction to Bidders

8.5 General Requirements, Control of Work, Temporary Facilities, Measurement and Payment, Standard Specifications

8.6 Insurance Requirements

8.7 Specifications

8.8 Special Provisions

8.9 Any modifications, including change orders, duly delivered after execution of this Agreement.

ARTICLE IX – TERMINATION FOR DEFAULT – Should contractor at any time refuse, neglect, or otherwise fail to supply a sufficient number or amount of properly skilled workers, materials, or equipment, or fail in any respect to prosecute the work with promptness and diligence, or fail to perform any of its obligations set forth in the Contract, Owner may, at its election, terminate the employment of Contractor, giving notice to Contractor in writing of such election, and enter on the premises and take possession, for the purpose of completing the work included under this Agreement, of all the materials, tools and appliances belonging to Contractor, and to employ any other persons to finish the work and to provide the materials therefore at the expense of the Contractor.

ARTICLE X – INDEMNIFICATION OF OWNER – Contractor will indemnify Owner against all suits, claims, judgments, awards, loss, cost or expense (including without limitation attorneys’ fees) arising in any way out of the Contractor’s negligent performance of its obligations under this Contract. Contractor will defend all such actions with counsel satisfactory to Owner at its own expense, including attorneys’ fees, and will satisfy any judgment rendered against Owner in such action.

ARTICLE XI – PERMITS – The Contractor will secure at its own expense, all permits and consents required by law as necessary to perform the work and will give all notices and pay all fees and otherwise comply with all applicable local, State, and Federal laws, ordinances, rules and regulations.

ARTICLE XII – INSURANCE – The Contractor shall secure and maintain, until acceptance of the work, insurance with limits not less than those specified in the Contract.

ARTICLE XIII – MISCELLANEOUS –

A. Neither Owner nor Contractor shall, without the prior written consent of the other, assign, sublet or delegate, in whole or in part, any of its rights or obligations under any of the Contract Documents; and, specifically not assign any monies due, or to become due, without the prior written consent of Owner.

B. Owner and Contractor each binds himself, his partners, successors, assigns and legal representatives, to the other party hereto in respect to all covenants, agreements and obligations contained in the Contract Documents.

C. The Contract Documents constitute the entire Agreement between Owner and

Contractor and may only be altered amended or repealed by a duly executed written instrument.

D. The laws of the Commonwealth of Massachusetts shall govern this Contract without reference to the conflict of law principles thereof.

E. Venue for any dispute shall be the Middlesex Superior Court unless the parties otherwise agree.

IN WITNESS WHEREOF, the parties hereunto executed this

AGREEMENT the day and year first above written.

BIDDER:

BY:

TITLE:

Town of Westford, Massachusetts

BY:

Jodi Ross

TITLE: Town Manager

NOTICE OF INTENT TO AWARD

Date:

To:

You were the low responsible bidder for work entitled:

You are hereby notified that the town intends to award the above referenced project to you.

Immediately take the necessary steps to execute the Contract and to provide required bonds and proof of insurance within ten (10) calendar days from the date of this Notice.

The town reserves the right to revoke this Notice if you fail to take the necessary steps to execute this Contract.

Town of Westford

Westford, Massachusetts

Jodi Ross, Town Manager

NOTICE TO PROCEED

DATE:

TO:

YOU ARE HEREBY NOTIFIED TO COMMENCE WORK IN ACCORDANCE

WITH THE AGREEMENT DATED,

WORK SHALL BE COMPLETED PRIOR TO .

Town of Westford, M.A.

BY: Jodi Ross

TITLE: Town Manager

ACCEPTANCE OF NOTICE

RECEIPT OF THE ABOVE NOTICE TO

PROCEED IS HEREBY ACKNOWLEDGED BY

This the ______day of_______________ 20__

By:_________________________________

Title:______________________________

PAYMENT BOND

(This format provided for convenience, Payment Bond is acceptable in lieu)

Bond Number ____________

KNOW ALL MEN BY THESE PRESENTS:

that ________________________________________________________________________ as Principal, hereinafter called Contractor, and _________________________________ (Surety Company) a corporation organized and existing under the laws of the State of

________________________ and authorized to do business in the State of Massachusetts hereinafter called Surety, are held and firmly bound unto the Town of Westford, M.A.

Obligee, hereinafter called Owner, for the use and benefit of claimants as herein below defined, in the amount of ______________________________________________ Dollars ($_____________), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, Principal has by written agreement dated _____________________ entered into a contract with Owner for ___________________________________________ in accordance with drawings and specifications prepared by the town of Westford on behalf of the town of Westford, 55 Main Street Westford, MA 01886, which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that the Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract and for the hire of all equipment, tools, and all other things contracted for or used in connection therewith, then this obligation shall be void, otherwise it shall remain in full force and effect, subject however, to the following conditions:

(1) A claimant is defined as one having a direct contract with the Principal or, with a subcontractor of the Principal for labor, material, equipment, or other things used or reasonably required for use in the performance of the Contract. "Labor and material" shall include but not be limited to that part of water, gas, power, light, heat, oil and gasoline, telephone service or rental of equipment applicable to the Contract.

(2) The above-named Principal and Surety hereby jointly and severally agree with the

Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such a claimant, may sue on this bond for the use of such claimant, prosecute the suit by final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any such suit or any costs or expenses of any such suit, and principal and surety shall jointly and severally indemnify, defend and hold the Owner harmless for any such suit, costs or expenses.

(3) No suit or action shall be commenced hereunder by any claimant:

(a) Unless Claimant, other than one having a direct contract with the Principal, shall have given notice to all the following:

The Principal, the Owner and the Surety above named, within six (6) calendar months after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner, and Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the State of Massachusetts save that such service need not be made by a public officer.

(b) After the expiration of one (1) year following the date on which Principal ceased all work on said contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law.

(c) Other than in a State court of competent jurisdiction in and for the county or other political subdivision of the State in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. The amount of this bond may be reduced by and to the extent of any payment of payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed on record against said improvement, whether or not claim for the amount of such lien by presented under and against this bond.

Signed and sealed this ____________ day of _______________, 20____. In the presence of:

_____________________________ BY: ________________________

(Witness) (Principal) (Seal)

(Surety Company)

_____________________________ BY: ________________________

(Witness) (Title) (Seal)

Note:

If the Principal (Contractor) is a partnership, the Bond should be signed by each of the partners.

If the Principal (Contractor) is a corporation, the Bond should be signed in its correct corporate name by its duly authorized Officer or Officers.

If this bond is signed on behalf of the Surety by an attorney-in-fact, there should be attached to it a duly certified copy of his Power of Attorney showing his authority to sign such Bonds.

There should be executed an appropriate number of counterparts of the bond corresponding to the number of counterparts of the Agreement.

CONTRACTOR'S AFFIDAVIT

STATE OF ______________________________:

COUNTY OF _____________________________:

Before me, the undersigned, a ______________________________________

(Notary Public, Justice of the Peace) in and for said County and State personally appeared, ___________________________

(Individual, Partner, or duly authorized representative of Corporate) who, being duly sworn, per law deposes and says that the cost of labor, material, and equipment and outstanding claims and indebtedness of whatever nature arising out of the performance of the

Contract between

TOWN OF WESTFORD, MASSACHUSETTS

and ______________________________________________________

(Contractor) of _______________________________________________________

Dated: ________________________ has been paid in full for Construction of: Cameron Senior Center Exterior Painting

(Individual, Partner, or duly authorized representative of Corporate Contractor)

Sworn to and subscribed before me this ________day of ________________

20____

CONTRACTOR'S RELEASE

KNOW ALL MEN BY THESE PRESENTS that

I, __________________________________ {insert name}, in my capacity as _______________________________{insert title} of _____________________________________________ {insert name of Contractor} agree that upon receipt of the sum of $_________________________ from the TOWN OF WESTFORD MASSACHUSETTS as final and completed payment for the construction of:

_____________________________________ {insert name of project} do hereby on behalf of ____________________________{name of Contractor} and its successors and assigns release, quit-claim and forever discharge the town of Westford, Massachusetts, its successors and assigns, of and from all claims and demands arising from or in connection with the construction of the above-referenced project and the contract dated ________________. All claims and demands shall include without limitation all actions, causes, suits, debts, dues, duties, sums of money, accounts, reckonings, bonds, bills, specifications, covenants, contracts, agreements, promises, damages and judgments whatsoever in law or equity against the town of Westford, Massachusetts which Contractor ever had, now has or may have, for, upon or by reason of any matter, cause, or thing whatsoever; from the beginning of record time to the date of these presents.

IN WITNESS WHEREOF,

Witness Contractor:

_______________________________ By: ___________________________ print name :______________________ Its Duly Authorized ________________

Dated: ____________________

GENERAL REQUIREMENTS

SCOPE OF WORK

1. INTENT OF CONTRACT

The intent of the Contract is to provide for the construction and completion in every detail of the work described. The Contractor shall furnish all labor, materials, equipment, tools, transportation and supplies required to complete the work in accordance with the terms of the Contract. The Contractor shall be required to conform to the intent of the plans and specifications. No extra claims shall be allowed for portions of the work not specifically addressed in the plans and specifications but required to produce a whole and complete project, such work will be considered subsidiary to the bid items.

2. INCIDENTAL WORK

Incidental work items for which separate payment is not measured includes, but is not limited to, the following items:

a. General clean up

b. Cleaning around Cameron Senior Center building

c. Signs & barricades

d. Mobilization/Demobilization

e. Restoration of property

f. Cooperation with other contractors, abutters and utilities.

g. Clearing, grubbing and stripping

h. Steel and/or wood sheeting as required.

i. Accessories and fasteners or components required to make items complete and functional.

3. ALTERATION OF PLANS OR OF CHARACTER OF WORK

The Owner reserves the right, without notice to Surety, to make such alterations of the plans or of the character of the work as may be necessary or desirable to complete fully and acceptably the proposed construction; provided that such alterations do not increase or decrease the contract cost. Within these cost limits, the alterations authorized in writing by the Owner shall not impair or affect any provisions of the Contract or bond and such increases or decreases of the quantities as a result from these alterations or deletions of certain items, shall not be the basis of claim for loss or for anticipated profits by the contractor. The contractor shall perform the work as altered at the contract unit price or prices.

4. EXTRA WORK ITEMS

Extra work shall be performed by the Contractor in accordance with the specifications and as directed, and will be paid for at a price as provided in the Contract documents or if such pay items are not applicable than at a price negotiated between the contractor and the Owner or at the unit bid price. If no agreement can be negotiated, the Contractor will accept as payment for extra work, cost plus 15% (overhead & profit). Costs shall be substantiated by invoices and certified payroll. If the Owner determines that extra work is to be performed, a change order will be issued.

5. CHANGE ORDERS

The Town reserves the right to issue a formal change order for any increase, decrease, deletion, or addition of work or any increase in contract time or price. The contractor shall be required to sign the change order and it shall be considered as part of the Contract documents.

6. FINAL CLEANING UP

Upon completion of the work, the contractor shall remove from the site all machinery, equipment, surplus materials, rubbish, temporary buildings, barricades and signs. All parts of the work shall be left in a neat and presentable condition. On all areas used or occupied by the contractor, regardless of the contract limits, the bidder shall clean-up all sites and storage grounds.

The items prescribed herein will not be paid for separately, but shall be paid for as part of the total contract price.

7. ERRORS AND INCONSISTENCY IN CONTRACT DOCUMENTS

Any provisions in any of the Contract Documents that may be in conflict with the paragraphs in these General Requirements shall be subject to the following order of precedence for interpretation. Specifications will govern General Requirements, Control of Work, Temporary Facilities, Measurement and Payment, sections.

CONTROL OF WORK

1. AUTHORITY OF ASSISTANT TOWN MANAGER

(a) All work shall be done under supervision of the Assistant Town Manager or his/her designee and to his satisfaction. The Assistant Town Manager will decide all questions which may arise as to the quality and acceptability of materials furnished and work performed and as to the rate of progress of the work; all questions that may arise as to the interpretation of the plans and specifications; and all questions as to the acceptable fulfillment of the Contract by the Contractor.

(b) The Assistant Town Manager will have the authority to suspend the work wholly or in part for such periods as he may deem necessary due to the failure of the Contractor to correct conditions unsafe for workers or the general public; for failure to carry out provisions of the Contract; for failure to carry out orders; for conditions considered unsuitable for the prosecution of the work, including unfit weather; or for any other condition or reason deemed to be in the public interest. The Contractor shall not be entitled any additional payments arising out of any such suspensions.

(c) The Owner reserves the right to demand a certificate of compliance for a material or product used on the project. When the certificate of compliance is determined to be unacceptable to the Assistant Town Manager the Contractor may be required to provide engineering and testing services to guarantee that the material or product is suitable for use in the project, at its expense (see Sample of Certificate of Compliance).

2. PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPES

(a) The Contractor shall use every precaution to prevent injury or damage to wires, poles, or other property of public utilities; trees, shrubbery, crops, and fences along and adjacent to the right-of-way, all underground structures such as pipes and conduits, within or outside of the right-of-way; and the Contractor shall protect and carefully preserve all property marks until an authorized agent has witnessed or otherwise referenced their location.

(b) The Contractor shall be responsible for all damage or injury to property of any character, during the prosecution of the work, resulting from any act, omission, neglect, or misconduct in his manner or method of executing the work, or at any time due to defective work or materials, and said responsibility will not be released until the project shall have been completed and accepted.

(c) When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect, or misconduct in the execution of the work, or as a result of the failure to perform work by the Contractor, the Contractor shall restore, at its own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing rebuilding, or otherwise restoring as may be directed, or the Contractor shall make good such damage or injury in an acceptable manner.

(d) The Contractor shall address and repair all scars, to the satisfaction of the Assistant Town Manager, made on fruit or ornamental trees by equipment, construction operations, or the removal of limbs larger than one inch in diameter. Damaged trees must be replaced if so determined by the Assistant Town Manager, in his or her sole discretion.

(e) If the Contractor fails to repair, rebuild or otherwise restore such property as may be deemed necessary, the Owner, after 48 hours notice, may proceed to do so, and the cost thereof may be deducted from any money due or which may become due the Contractor under the contract.

(f) It is the intent of the Parties that the Contractor preserve, to as great an extent as possible, the historic & natural features of the site.

3. MAINTENANCE DURING CONSTRUCTION

The Contractor shall maintain the work during construction and until the project is accepted. This maintenance shall constitute continuous and effective work prosecuted day by day, with adequate equipment and workers to ensure that the structure is kept in satisfactory conditions at all times.

4. SAFETY PRECAUTIONS

Upon commencement of work, the Contractor shall be responsible for initiating, maintaining and supervising all safety precautions necessary to ensure the safety of employees on the site, other persons who may be affected thereby, including the public, and other property at the site or adjacent thereto.

5. PERMITS

It will be the responsibility of the Contractor to obtain all permits required for the operation of equipment in, or on, all town streets and public ways.

6. BARRICADES, WARNING SIGNS AND TRAFFIC OFFICERS

(a) The Contractor shall provide, erect and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public. Roadway closed to traffic shall be protected by effective barricades. Obstructions shall be illuminated during hours of darkness. Suitable warning signs shall be provided to control and direct traffic in a proper manner, as approved by the Assistant Town Manager.

(b) The Contractor will be held responsible for all damage to the work from traffic, pedestrians, animals or any other cause due to lack of adequate controlling devices.

The work prescribed herein will not be paid for separately but will be paid for as part of the Contract Price unless specifically appearing as a bid item.

INSURANCE REQUIREMENTS

Insurance shall be in such form as will protect the Contractor from all claims and liabilities for damages for bodily injury, including accidental death, and for property damage, which may arise from operations under this contract whether such operation by himself or by anyone directly or indirectly employed by him.

AMOUNT OF INSURANCE

A) Comprehensive General Liability:

Bodily injury or Property Damage

$1,000,000 Per occurrence and $3,000,000 general aggregate

B) Automobile and Truck Liability:

Bodily Injury or Property Damage

$500,000 per person and $1,000,000 per accident

Coverage requirements can be met…