21128.10_Attachment 3 - General Contract.docx

AGREEMENT – CONTRACT

Place Project Name and location here, Middleborough, Massachusetts

This Contract is made by and between the Town of Middleborough, Massachusetts acting by and through its Gas & Electric Department hereinafter called OWNER and hereinafter called CONTRACTOR.

OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:

ARTICLE 1. WORK

1.1 CONTRACTOR shall perform all Work as specified or indicated in the Contract Documents. The Work involves Meter Modifications, located at 152 Bridge St., Middleborough, Massachusetts as specified in the Summary Description of Work, dated December 23, 2021.

ARTICLE 2. CONTRACT TIME

2.1 The CONTRACT shall be completed within ninety (90) calendar days of the execution of the CONTRACT.

2.1 CONTRACTOR agrees that the Work shall be prosecuted regularly, diligently, and uninterruptedly, except as otherwise noted and at such rate of progress as will ensure full completion thereof within the Contract Time stated above in Article 2.1. It is expressly understood and agreed, by and between CONTRACTOR and OWNER, that the Contract Time is reasonable for the completion of the Work, taking into consideration the average climatic range and usual industrial conditions prevailing in this locality.

ARTICLE 3. CONTRACT PRICE and PAYMENTS

3.1 OWNER will pay CONTRACTOR for performance of the Work awarded in accordance with the Contract Documents in current funds the lump sum of $ .

ARTICLE 4. CONTRACTOR’S REPRESENTATIONS

4.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and Federal, State and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance or the Work.

4.2 CONTRACTOR has studied carefully the physical conditions at the site or otherwise affecting cost, progress or performance of the Work.

4.3 CONTRACTOR has made or caused to be made examinations, investigations and tests and studies as he deems necessary for the performance of the Work at the Contract Price within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations tests reports or similar data are or will be required by the Contractor for such purposes.

4.4 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports, and data within the terms and conditions of the Contract Documents.

4.5 CONTRACTOR has given OWNER written notice of any conflict, error or discrepancy that he has discovered in the Contract Documents and the written resolution thereof by OWNER is acceptable to the CONTRACTOR.

4.6. CONTRACTOR agrees that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work.

ARTICLE 5. CONTRACT DOCUMENTS

5.1 This Contract and its performance shall be governed by and subject to the provisions of the following documents, which are incorporated herein as an integral part of the Contract. The following documents are collectively the “Contract Documents”.

0. Any modification, including Change Orders, duly delivered after Execution of Contract.

0. This Contract and all other documents included in the Project Manual titled: _________________________________________________________, dated _______________ 202_.

0. Notice of Award.

0. Payment Bond, 50% if more than $25,000.00

0. Certificates of Insurance.

0. Prevailing Wage

0. OSHA Training Certification

ARTICLE 6. MISCELLANEOUS

6.1 The Work shall be carried out under the direction and subject to the approval and acceptance of the Owner’s designee. The Owner’s designee shall be the person so designated below or the individual or individuals duly appointed for the performance of any functions or responsibilities under the Contract.

General Manager, Jacqueline L. Crowley

6.2 Wherever in the Contract the Owner is to give or receive a notice, the person identified in Article 6.1 shall be the Owner’s agent for the purpose of service.

6.3 Where State or Federal approvals are required, this Contract shall not be valid until such approval or approvals are obtained.

6.4 Neither OWNER or CONTRACTOR shall, without the prior written consent of the other, assign or sublet in whole or in part his/her interest under any of the Contract Documents; and specifically, but without limitation, CONTRACTOR shall not assign any monies due or to become due without the prior written consent of the OWNER. In case the CONTRACTOR assigns all or any part of any monies due or to become due under this CONTRACT, the instrument of assignment shall contain a clause substantially to the effect that it is agreed the right of the assignee in and to any monies due or to become due to the CONTRACTOR shall be subject to prior claims of all persons, firms and corporations for services rendered or materials supplied for the performance or the Work called for in this Contract. Except that it is agreed that the right of the assignee in and to any monies due or to become due to the CONTRACTOR shall be subject to prior claims of all persons, firms and corporations for services rendered or materials supplied for the performance of the Work called for in this Contract.

6.5 OWNER and CONTRACTOR each binds itself/himself, his partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents.

6.6 The Contract Documents constitute the entire agreement between OWNER and CONTRACTOR and may only be altered, amended or repealed by a Modification in writing.

6.7 CONTRACTOR agrees to comply with the Town of Middleborough Minority Business Enterprise Program.

6.8 CONTRACTOR agrees to comply with the Town of Middleborough Anti-Discrimination and Affirmative Action Program.

ARTICLE 7

7.1 All provisions or federal, state, and local law which are applicable to this Agreement and the Work hereunder shall govern this Agreement. Any provision of this Agreement which is in conflict with said law shall be controlled by said law.

7.2 All provisions of state law which are required by law to be inserted in this Agreement are incorporated herein and shall be deemed to be inserted herein as if the same were fully set forth.

ARTICLE 8

8.1 Pursuant to Massachusetts General Laws, Chapter 62C, Section 49A, the person signing this Agreement on behalf of the CONTRACTOR hereby certifies under penalties of perjury that the CONTRACTOR has complied with all state laws relating to taxes, reporting of employees and contractors, and child support.

IN WITNESS WHEREOF, the parties hereto have signed this Agreement in four (4) duplicate originals on the th day of___________, 202_.

OWNER CONTRACTOR

TOWN OF MIDDLEBOROUGH,

GAS & ELECTRIC DEPARTMENT

BY: BY:

Jacqueline L. Crowley General Manager

TOWN ACCOUNTANT CERTIFICATION

This is to certify that funds are available for the above contract and that the person signing the contract for the Owner is authorized to sign the contract.

Middleborough Town Accountant

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