2460-02 Web Bid Fencing at West Broadway Community Garden (DISTRIBUTION).pdf

INVITATION FOR BID

REQUEST FOR QUOTATIONS – BHA Job No. 2460-02

BID REFERENCE No.

2460-02

BOSTON HOUSING AUTHORITY PERSON REQUESTING QUOTE

Procurement Department 52 Chauncy St.

Boston, MA 02111 617-988-4038 Fax 617-988-4292

Mr. Dana Alan Dilworth 617-988-4190 (office) 617-593-0593 (mobile)

LOCATION OF WORK/SERVICES/MATERIAL

Boston Housing Authority – West Broadway - 81 Orton Marotta Way - Community Garden (corner of Joyce Hayes Way & Flaherty Way)

PHONE NO. : 617-593-0593

BIDDER INFORMATION

COMPANY NAME:

BUSINESS ADDRESS: CITY, STATE ZIP:

PHONE NO.: FAX NO:

QUOTATIONS ARE DUE NO LATER THAN 12 noon on:

Quotations may be submitted by hand, mail, or fax at the above left Procurement Department Address. Late quotations will not be considered.

SCOPE OF WORK:

INSERT SCOPE OF WORK (or provide attachment for lengthy scope)

Fence:

Attach to 37 existing posts, provide and install 3'-0" high black vinyl-coated chain link fence system at approximately 310 LF (see attached garden plan for reference), including: bottom and top rails, fabric, gates, fittings, tension bars, post caps, etc. to complete the installation for a secure enclosure of the community vegetable garden. Remove all existing caps, gates, brackets, etc. that would interfere with the installation. Comply with latest editions of MassDot Standard Specification and ASTM. Fence:

Height: 3'-0" Mesh: 2" diamond Wire: 9-gauge galvanized steel core Rolls shall be joined by weaving a single strand into adjacent rolls to form continuous mesh Coating: Class 2B black PVC (ASTM F668) Selvage: Knuckled top and bottom

24 July 2026

Request for Quotations – BHA Job No. 2460-02

Rails: Schedule 40 steel pipe (ASTM F1043), Group IA, galvanized and PVC coated black; Top Rail: 1-5/8" OD continuous; Bottom Rail: 1-5/8" OD continuous

Stretcher bars at all terminal, corner, gate, and intermediate brace posts Tension bands spaced as required Rail ends at terminal posts Sleeve-type couplings for rail connections Tie wires to line posts as required Hog rings per ASTM F567 All fittings galvanized and PVC-coated black Paint all existing posts to match

Pedestrian Entry Gate:

Clear opening: match existing opening Frame: Welded Schedule 40 steel Fabric: Match fence Hinges: Heavy-duty adjustable Latch: Industrial fork latch with padlock hasp Padlock: Coordinate lock type and keying with resident gardeners

Installation:

Rail:

Top rails shall pass through loop caps forming continuous members between terminal posts

Rails joined with sleeve-type couplings Rails securely fastened to terminal posts with pressed steel or malleable iron rail ends Bottom rail is required to prevent fabric lifting and vandalism

Fabric:

Fabric installed no more than 2" above finished grade Fabric shall follow finished grade smoothly Stretch fabric taut; no visible sag permitted Attach to terminal, corner, gate, and brace posts using stretcher bars and tension bands spaced 12" OC maximum Fabric shall be cut and independently attached at each brace and corner post Attach to line posts and rails using tie wires or approved fasteners per ASTM F567

Rodent Barrier:

Provide and install stainless steel welded wire mesh along the base of the chain link fence to form a continuous rodent-resistant barrier Remove all loose soil and debris prior to mesh placement to allow for mesh tight to fence fabric Type: Stainless steel welded wire mesh (not woven) Alloy: Type 304 stainless steel minimum Mesh Opening: 1/8 inch × 1/8 inch (maximum clear opening) Wire Gauge: 19 or 20 gauge Roll Width: 5 inches minimum / or industry standard Roll Length: Manufacturer’s standard

Stainless steel hog rings or wire ties Stainless steel self-tapping screws with stainless steel fender washers at posts Overlap adjacent mesh sections minimum of 6” Tie overlaps with stainless steel wire ties Fold or hem all cut edges to eliminate sharp projections

Secure and provide copies of all required permits. Provide plan drawing showing layout.

Provide an elevation drawing showing fence assembly along with specified product data and hardware.

SITE VISIT:

A site visit is schedule for 1:00pm on Wednesday, 15 July 2026. Attending the site visit is strongly recommend to review the existing conditions with the Owner and take measurements as needed since the posts are existing and not all evenly spaced.

TIME FOR COMPLETION: Five (5) Calendar Days from Notice to Proceed. Contractor to provide schedule within seven (7) Day(s) from Notice to Proceed.

Successful Bidder shall be required to provide Insurance in accordance with the further requirements of this Request for Quotations prior to commencement of work.

IMPORTANT NOTE TO BIDDERS

A successful bidder, whose awarded contract amount is $25,000 or greater, shall be required to provide a FIFTY % PAYMENT BOND. Bidders shall include the cost of the bond in any quotation amount greater or equal to $25,000.

TO THE AWARDING AUTHORITY:

A. The undersigned proposes to furnish all labor and materials required for Boston Housing Authority in Boston, Massachusetts in accordance with the Contract Documents supplied by the Boston Housing Authority for the Scope of Work specified above for the contract price specified below, subject to additions and deduction according to the terms of the specifications.

B. This bid includes addenda number(s) None One Two, C. The proposed contract price is:

DOLLARS ($ ).

D. The undersigned has completed and submits herewith the following documents:

1. Representations, Certifications and Other Statement of Bidders (HUD Form 5369-A);

2. Request for Verification of Taxation Reporting Information (W-9 Form); and

3. Bidder’s Qualifications and Reference Form.

E. The undersigned agrees that, if selected as contractor, he will within five days, Saturdays, Sundays and legal holidays excluded, after notification by the BHA, in accordance with the terms of this bid furnish a certificate of Insurance in accordance with the requirements of Article 2.9 of the General Conditions and a 50% Payment Bond if the award is $25,000 or greater.

The undersigned hereby certifies that he is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed on the work; that all employees to be employed at the worksite will have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health Administration that is at least 10 hours in duration at the time the employee begins work and who shall furnish documentation of successful completion of said course with the first certified payroll report for each employee; and that he will comply fully with all laws and regulations applicable to awards made subject to section 44A of M.G.L. Chapter 149.

The undersigned further certifies under the penalties of perjury that this bid has been made and submitted in good faith and without collusion or fraud with any other person. As used in this section the word "person" shall mean any natural person, business, partnership, corporation, union, committee, club or other organization, entity, or group of individuals. The undersigned further certifies under penalty of perjury that the said undersigned is not presently debarred from public contracting or subcontracting in the Commonwealth under the provisions of M.G.L. Chapter 29, Section 29F or any other applicable debarment provisions of any other chapter of the General Laws or any rule or regulation promulgated thereunder.

Date _____________________________________________ (Name of Bidder)

BY: _________________________________________

(Printed Name and Title of Signatory)

(Business Address)

(City, State Zip)

(Telephone) (Fax)

(Email Address)

WEST BROADWAY

TASK FORCE

WEST BROADWAY COMMUNITY GARDENS

Final Design

Total: 40 Small / pequeño (4’x6’): 20 Large / grande (4’x8’): 20

WATER / AGUA

SHED /

COBERTIZO

BENCH / ASIENTO

ENTRANCE /

ENTRADALAWN / CÉSPED

IN GROUND /

HUERTO

RAISED BED /

HUERTO ELEVADO

COMPOST

FENCE / LA CERCA

PATH / CAMINO

BIRD BATH / BAÑERA PARA PÁJAROS

TREE / ÁRBOL

PATH / CAMINO

BENCH / ASIENTO

WATER / AGUA

SHED /

COBERTIZO

ENTRANCE /

ENTRADA

COMPOST

FENCE /

LA CERCA

BIRD BATH /

BAÑERA PARA PÁJAROS

DHCD 07/01/11 ITB – BHA ed. 5/2013

INSTRUCTIONS TO BIDDER'S

ARTICLE 1 - BIDDER'S REPRESENTATION

1.1 Each Bidder submitting a quote represents that:

1. The Bidder has read and understands the Contract Documents and the Bid is made in accordance therewith.

2. The Bidder has visited the site and is familiar with the local conditions under which the Work has to be performed.

1.2 Failure to so examine the Contract Documents and site will not relieve any Bidder from any obligation under the Bid as submitted.

ARTICLE 2 - BIDDER CERTIFICATIONS – OSHA & LEAD TRAINING

2.1. Massachusetts law requires all workers on this project construction site must have no less than 10 hours of OSHA-approved safety and health training.

2.2 The Contractor shall comply with requirements of EPA Regulation 40 CFR 745 including but not limited to Company, supervisor, and worker training.

ARTICLE 3 - REQUESTS FOR INTERPRETATION

3.1 Bidders shall promptly notify the Owner of any ambiguity, inconsistency, or error which they may discover upon examination of the Contract Documents, the site, and local conditions.

3.2 Bidders requiring clarification or interpretation of the Contract Documents shall make such request to the Owner at bids@bostonhousing.org .

ARTICLE 4 - PREPARATION AND SUBMISSION OF BIDS

4.1 Bids should be submitted on the "Form for Quotes" as appropriate, furnished at no cost by the Owner.

4.2 All entries on the Form for Quotes shall be made by typewriter or in ink.

4.3 Where so indicated on the Form for Quotes sums shall be expressed in both words and figures. Where there is a discrepancy between the Bid sum expressed in words and the Bid sum expressed in figures, the words shall control.

4.5 The Following Forms shall also be submitted: Bidders Qualifications and References; Form W-9 Tax Verification Form; REAP Certification Form

4.4 The Bid shall be submitted with the following clearly marked on the envelope or fax cover sheet

BID FOR:

BOSTON HOUSING AUTHORITY AND BHA PROJECT NUMBER

BIDDER'S NAME AND BUSINESS ADDRESS

PHONE NUMBER & CONTACT PERSON

4.5 Date and time for receipt of Bids is set forth in the Public Notification.

4.6 Timely delivery of a Bid at the location designated shall be the full responsibility of the Bidders. Late Bids will NOT be accepted.

DHCD 07/01/11 ITB – BHA ed. 5/2013

ARTICLE 5- WITHDRAWAL OF BIDS

5.1. Before Opening Bids Any bid may be withdrawn prior to the time designated for receipt of bids upon written request. Withdrawal of bids must be confirmed over the Bidder’s signature by written notice post-marked or sent by facsimile on or before the date and time set for receipt of bids. Withdrawn bids may be resubmitted up to the time designated for the receipt of bids.

ARTICLE 6 - CONTRACT AWARD

6.1 Award means the determination and selection of the lowest, responsible and eligible Bidder, by the Owner. t.

The Owner will award the contract to the lowest responsible and eligible Bidder within thirty (30) days, Saturdays, Sundays, and legal holidays excluded after the opening of Bids.

6.2 The Owner reserves the right to waive any informalities in or to reject any or all Bids if it be in the public interest to do so.

6.3 The Owner also reserves the right to reject any Bid if it determines that such Bid does not represent the Bid of a person competent to perform the work as specified, or if the BHA determines additional competition is in the public interest.

6.4 The term "lowest responsible and eligible bidder" shall mean the Bidder whose Bid is the lowest of those Bidders demonstrably possessing the skill, ability, and integrity necessary for the faithful performance of the work, and who meets the requirements set forth in M.G.L. c.149 sec.44 (2)(B) and who shall certify that they are able to furnish labor that can work in harmony with all other elements of labor employed or to be employed on the work.

ARTICLE 7 - FORMS REQUIRED AT CONTRACT APPROVAL

7.1 Upon award, the Bidder shall complete the following forms to ensure prompt contract validation. These forms will be provided to the Contractor by Owner, and three (3) originals must be submitted.

1. Owner/Contractor Agreement.

2. Form of Corporate Vote (If Applicable)

7.2 Insurance Certificates for the coverage required by Article 9 of the General Provisions must be submitted prior to contract validation.

7.5 Contractor’s Company Certification with EPA Regulation 40 CFR 745 must be submitted prior to contract validation.

END OF SECTION

REAP CERTIFICATE

REAP CERTIFICATION

Pursuant to M.G.L. Chapter 62 ( c ), Section 49 (a), the individual signing this document on behalf of the Bidder, hereby certifies, under the penalties of perjury, that to the best of his/her knowledge and belief the Bidder has complied with any and all applicable state tax laws.

SIGNED

BY: ______________________________

DATE: ________________________

Company Name

Address

Town, State and Zip Code

Give form to the requester. Do not send to the IRS.

Form W-9 Request for Taxpayer Identification Number and Certification(Rev. January 2003)

Department of the Treasury Internal Revenue Service

Name

List account number(s) here (optional)

Address (number, street, and apt. or suite no.)

City, state, and ZIP code

P ri nt o r ty p e

S ee

S p ec ifi c In st ru ct io ns o n p ag e

2.

Taxpayer Identification Number (TIN)

Enter your TIN in the appropriate box. For individuals, this is your social security number (SSN).

However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3.

Social security number or

Requester’s name and address (optional)

Employer identification numberNote: If the account is in more than one name, see the chart on page 4 for guidelines on whose number to enter. –

Certification

1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and

I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and

2.

Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply.

For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. (See the instructions on page 4.)

Sign Here

Signature of U.S. person � Date �

Purpose of Form

Form W-9 (Rev. 1-2003)

Part I

Part II

Business name, if different from above

Cat. No. 10231X

Check appropriate box:

Under penalties of perjury, I certify that:

U.S. person. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to:

1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued),

2. Certify that you are not subject to backup withholding, or

3. Claim exemption from backup withholding if you are a U.S. exempt payee.

Foreign person. If you are a foreign person, use the appropriate Form W-8 (see Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign Entities).

3. I am a U.S. person (including a U.S. resident alien).

A person who is required to file an information return with the IRS, must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA.

Individual/ Sole proprietor Corporation Partnership Other �

Exempt from backup withholding

Note: If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester’s form if it is substantially similar to this Form W-9.

Nonresident alien who becomes a resident alien.

Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a “saving clause.” Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the recipient has otherwise become a U.S. resident alien for tax purposes.

If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement that specifies the following five items:

1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien.

2. The treaty article addressing the income.

3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions.

4. The type and amount of income that qualifies for the exemption from tax.

5. Sufficient facts to justify the exemption from tax under the terms of the treaty article.

BIDDER'S QUALIFICATIONS AND REFERENCES FORM Page 1 of 4 v 9/2018

BIDDER'S QUALIFICATIONS AND REFERENCES FORM

All questions must be answered, and the data given must be clear and comprehensive. Please type or print legibly. If necessary, add additional sheet for starred items. This information will be utilized by the Boston Housing Authority for purposes of determining bidder responsiveness and responsibility with regard to the requirements and specifications of the Contract.

1. FIRM NAME: _________________________________________________________

2. WHEN ORGANIZED: ____________________________________

3. INCORPORATED? [] YES [] NO DATE OF INCORPORATION: ______________

4. * LIST ALL CONTRACTS CURRENTLY ON HAND, SHOWING CONTRACT

AMOUNT AND ANTICIPATED DATE OF COMPLETION:

5. * HAVE YOU EVER FAILED TO COMPLETE A CONTRACT AWARDED TO

YOU?

[] YES [] NO

IF YES, WHERE AND WHY?

6. * HAVE YOU EVER DEFAULTED ON A CONTRACT? [] YES [] NO

IF YES, PROVIDE DETAILS.

7. * LIST YOUR VEHICLES/EQUIPMENT AVAILABLE FOR THIS CONTRACT:

8. *IN THE SPACES FOLLOWING, PROVIDE INFORMATION REGARDING

CONTRACTS COMPLETED BY YOUR FIRM SIMILAR IN NATURE TO THE

PROJECT BEING BID. A MINIMUM OF EIGHT (8) CONTRACTS SHOULD BE

LISTED. PUBLICLY BID CONTRACTS ARE PREFERRED, BUT NOT

MANDATORY.

BIDDER'S QUALIFICATIONS AND REFERENCES FORM Page 2 of 4 v 9/2018

PROJECT NAME

OWNER

CITY/STATE

DOLLAR AMOUNT: $ DATE COMPLETED: ___________

PUBLICALY BID? [] YES [] NO

TYPE OF WORK?

CONTACT PERSON: TELEPHONE #: Email:

CONTACT PERSON'S RELATION TO PROJECT?

(i.e., contract manager, purchasing agent, etc.)

PROJECT NAME

OWNER

CITY/STATE

DOLLAR AMOUNT: $ DATE COMPLETED: ___________

PUBLICALY BID? [] YES [] NO

TYPE OF WORK?

CONTACT PERSON: TELEPHONE #: Email:

CONTACT PERSON'S RELATION TO PROJECT?

(i.e., contract manager, purchasing agent, etc.)

PROJECT NAME

OWNER

CITY/STATE

DOLLAR AMOUNT: $ DATE COMPLETED: ___________

PUBLICALY BID? [] YES [] NO

TYPE OF WORK?

CONTACT PERSON: TELEPHONE #: Email:

CONTACT PERSON'S RELATION TO PROJECT?

(i.e., contract manager, purchasing agent, etc.)

PROJECT NAME

OWNER

CITY/STATE

DOLLAR AMOUNT: $ DATE COMPLETED: ___________

PUBLICALY BID? [] YES [] NO

TYPE OF WORK?

CONTACT PERSON: TELEPHONE #: Email:

CONTACT PERSON'S RELATION TO PROJECT?

(i.e., contract manager, purchasing agent, etc.)

BIDDER'S QUALIFICATIONS AND REFERENCES FORM Page 3 of 4 v 9/2018

PROJECT NAME

OWNER

CITY/STATE

DOLLAR AMOUNT: $ DATE COMPLETED: ___________

PUBLICALY BID? [] YES [] NO

TYPE OF WORK?

CONTACT PERSON: TELEPHONE #: Email:

CONTACT PERSON'S RELATION TO PROJECT?

(i.e., contract manager, purchasing agent, etc.)

PROJECT NAME

OWNER

CITY/STATE

DOLLAR AMOUNT: $ DATE COMPLETED: ___________

PUBLICALY BID? [] YES [] NO

TYPE OF WORK?

CONTACT PERSON: TELEPHONE #: Email:

CONTACT PERSON'S RELATION TO PROJECT?

(i.e., contract manager, purchasing agent, etc.)

PROJECT NAME

OWNER

CITY/STATE

DOLLAR AMOUNT: $ DATE COMPLETED: ___________

PUBLICALY BID? [] YES [] NO

TYPE OF WORK?

CONTACT PERSON: TELEPHONE #: Email:

CONTACT PERSON'S RELATION TO PROJECT?

(i.e., contract manager, purchasing agent, etc.)

PROJECT NAME

OWNER

CITY/STATE

DOLLAR AMOUNT: $ DATE COMPLETED: ___________

PUBLICALY BID? [] YES [] NO

TYPE OF WORK?

CONTACT PERSON: TELEPHONE #: Email:

CONTACT PERSON'S RELATION TO PROJECT?

(i.e., contract manager, purchasing agent, etc.)

BIDDER'S QUALIFICATIONS AND REFERENCES FORM Page 4 of 4 v 9/2018

9. The undersigned certifies that the information contained herein is complete and accurate and hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the Boston Housing Authority in verification of the recitals comprising this statement of Bidder's qualifications and experience.

DATE: ____________ BIDDER: ________________________________________

SIGNATURE: ____________________________________________

PRINTED NAME: _______________________________________ TITLE: _______________________

Bond No. ___________

PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS, that we _________________________________________________ with a place of business at_______________________________________________________________________ as principal (the "Principal"), and _________________________________________________________________ a corporation qualified to do business in the Commonwealth of Massachusetts, with a place of business at as Surety (the "Surety"), are held and firmly bound unto the Boston Housing Authority as Obligee (the "Obligee"), in the sum of __________________________________________________________________________________

Dollars ($ ) lawful money of the United States of America, to be paid to the Obligee, for which payment, well and truly to be made, we bind ourselves, our respective heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these present.

WHEREAS, the Principal has made a contract with the Obligee, bearing the date of , 20 , for the construction of in Boston, Massachusetts.

NOW, THE CONDITIONS of this obligation are such that it the Principal and all subcontractors under said contract shall pay for all labor performed or furnished and for all materials used or employed in said contract and in any and all duly authorized modifications, alterations, extensions of time, changes or additions to said contract that may hereafter be made, notice to the Surety of such modifications, alterations, extensions of time, changes or additions being hereby waived, the foregoing to included any other purposes or items set out in, and to be subject to, the provisions of Massachusetts General Laws, Chapter 30, Section 39A, and Chapter 149, Section 29, as amended then this obligation shall become null and void; otherwise it shall remain in full force and virtue.

IN WITNESS WHEREOF, the Principal and Surety have hereto set their hands and seals this day of

, 20 .

PRINCIPAL SURETY

(Name & Seal) (Attorney-In-Fact) (Seal)

(Title) (Address)

(Phone)

Attest: Attest: ___________________________

The rate for this Bond is % of the first $ and % for the next $ .

The total premium for this Bond is $ .

END OF SECTION

DHCD CORPORATE VOTE 00.53.00

CERTIFICATE OF VOTE OF AUTHORIZATION

, 20___

I hereby certify that a meeting of the Board of Directors of the:

NAME OF CORPORATION

duly called and held at __________________on the day of 20___

At which a quorum was present and acting, it was voted that _____________________________ Name of Corporate Officer of the _________________, be and hereby is authorized to execute and deliver for and on behalf of the Corporation a Contract with Boston Housing Authority, for work to be done at State-Aided Housing Project No. __________ In the City/Town of Boston And to act as principal to execute bonds in connection therewith, which Contract and Bonds were presented to and made part of the records of said meeting.

I further certify that _____________________________is duly qualified and acting Name of Corporate Officer

_________________ of the Corporation and that said vote has not been Title

Repealed, rescinded or amended.

A true copy of the record, ATTEST:

(CORPORATE SEAL)

On this ____ day of __________ 20___, before me, the undersigned Notary Public, personally appeared __________________________, duly designated by the board of directors and proved to me, through satisfactory evidence of identification, which was ______________________, that s/he is the person whose name is signed on the foregoing documents, and acknowledged to me that s/he signed it voluntarily for its stated purpose and that it was her/his free act and deed.

Notary Public My Commission Expires:

DHCD 10/10/10 Owner Contractor Agreement 00.52.10 c.149 $10k-$25 1 of 2

OWNER-CONTRACTOR AGREEMENT

COMMONWEALTH OF MASSACHUSETTS

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

This agreement made the day of , 201 by and between Boston Housing Authority hereinafter called the "Owner", and hereinafter called the "Contractor

CONTRACTOR’S NAME

Witnesseth, that the Owner and the Contractor, for the consideration hereinunder named, agree as follows

Article 1. Scope of Work: The Contractor shall perform all Work required by the Contract Documents for BHA Project No. prepared by The Boston Housing Authority acting as and referred to in the Contract Documents as the "Architect".

ARTICLE 2. TIME OF COMPLETION: The Contractor shall commence work under this Contract on the date specified in the written "Notice to Proceed" and shall bring the Work to Substantial Completion within calendar days of said date. Damages for delays in the performance of the Work shall be in accordance with Article 9 of the General Conditions of the Contract.

ARTICLE 3. CONTRACT SUM: The Owner shall pay the Contractor, in current funds, for the performance of the Work, subject to additions and deductions by Change Order, of the Contract Sum of:

Dollars

CONTRACT SUM IN WORDS CONTRACT SUM IN NUMBERS

ARTICLE 4. THE CONTRACT DOCUMENTS: The following, together with this Agreement, form the Contract and all are as fully a part of the contract as if attached to this Agreement or repeated herein: The Advertisement, Bidding Documents, Contract Forms, Conditions of the Contract, and Specifications as enumerated in the Table of Contents, the drawings as enumerated in the List of Contract Drawings, DHCD publication known as the Construction Handbook, and all Modifications issued after execution of the Contract. Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings designated in those Conditions.

ARTICLE 5. ALTERNATES: The following Alternates have been accepted and their costs are included in the Contract Sum stated in Article 3 of this Agreement:

Alternate No(s): and ____

ARTICLE 6. REAP CERTIFICATION: Pursuant to M.G.L. c.62(c) §49(a), the individual signing this Contract on behalf of the Contractor, hereby certifies, under the penalties of perjury, that to the best of their knowledge and belief the Contractor has complied with all laws of the Commonwealth relating to taxes, reporting of employees and contractors, and withholding and remitting child support

DHCD 10/10/10 Owner Contractor Agreement 00.52.10 c.149 $10k-$25 2 of 2

Article 7. Worker Documentation Certification: In accordance with Executive Order 481 the undersigned further certifies under the penalties of perjury that the Contractor shall not knowingly use undocumented workers in connection with the performance of this contract; that pursuant to federal requirements, the Contractor shall verify the immigration status of all workers assigned to such contract without engaging in unlawful discrimination; and that the it shall not knowingly or recklessly alter, falsify, or accept altered or falsified documents from any such worker(s). The Contractor understands and agrees that breach of any of these terms during the contract period may be regarded as a material breach, subjecting the Contractor to sanctions, including but not limited to monetary penalties, withholding of payments, contract suspension or termination.

Article 8. Conflict of Interest: The Contractor covenants, that (1) presently, there is no financial interest and shall not acquire any such interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement or which would violate M.G.L. c.268A, as amended; (2) in the performance of this Contract, no person having any such interest shall be employed by the Contractor or engaged as a subcontractor by the contractor; and (3) no partner or employee of the firm is related by blood or marriage to any Board Member or employee of the Awarding Authority."

In Witness Whereof, the Parties Hereto Have Caused This Instrument to be Executed Under Seal.

1 CONTRACTOR 2 AWARDING AUTHORITY

BOSTON HOUSING AUTHORITY

Name of Contractor Name of Housing Authority

52 Chauncy St. Boston, MA 02111 Street Address

City State Zip Signature and Seal By:

Signature and Seal Title Witness Attest:

1 If a Corporation, attach a notarized copy of the Corporate Vote authorizing signatory to sign Contract.

2 If signed by someone other than a Housing Authority Board member, attach a copy of Certified Board Vote authorizing the signatory to sign Contract.

DHCD 7/01/11 – BHA ed 5/2013 GENERAL CONDITIONS 00.72.10 Quotation Package 1 of 6

1.0 GENERAL PROVISIONS

1.1 THE CONTRACT DOCUMENTS

The Contract for Construction consists of the Contract Documents which include the Owner- Contractor Agreement, Public Notification, Bid Form, Contract Forms, Conditions of the Contract, Specifications, Drawings, all addenda issued prior to execution of the Contract, and other documents listed in the Agreement and Modifications issued after execution of the Contract.

1.2 THE WORK

The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment, and services provided or to be provided by the Contractor to fulfill the Contractor's obligation.

2.0 OWNER

The term "Owner" sometimes also referred to as the "Awarding Authority" or "Authority" means the

Housing Authority identified in the Owner-Contractor Agreement, organized and existing under the provisions of M.G.L. c.121B.

2.1 BIDDER

The terms "Quote(s)", "Bid(s)" or "Bidder(s)" shall mean the person or firm from which prices have been submitted to the Owner for the work identified in these documents.

3.0 DEPARTMENT

3.1 The term "Department" means the Commonwealth of Massachusetts, Department of Housing and Community Development.

3.2 The term "Construction Advisor" means the person who may be designated by the Administrator to assist the Owner with the Administration of the Contract.

3.3 PROJECT FUNDING

The Work under this Contract is funded wholly or in part by the Commonwealth of Massachusetts through the Department pursuant to a Contract for Financial Assistance between the Department and the Owner.

4.0 CONTRACTOR

4.1 The Contractor, sometimes referred to as the General Contractor, is the person or entity identified as such throughout the Contract Documents as if singular in number. The term Contractor means the Contractor or its authorized representative.

4.2 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention.

The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work under the Contract.

4.3 SALES TAX EXEMPTION AND OTHER TAXES

4.3.1 To the extent that materials and supplies are used or incorporated in the performance of this Contract, the Contractor is considered an exempt purchaser under the Massachusetts Sales Act, Chapter 14 of the Acts of 1966.

4.3.2 The Contractor shall be responsible for paying all other taxes and tariffs of any sort, related to the work.

4.4 PERMITS, FEES, AND NOTICES

4.4.1 The Contractor shall secure and the Owner shall pay for any and all permits. The Contractor shall secure and pay for all licenses, and other fees required for the proper execution of the Work. The Contractor shall coordinate all efforts required to obtain these permits including having the permit issued in the name of the Contractor.

4.4.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations, and lawful orders of public authorities bearing on performance of the Work.

TERMS AND CONDITIONS OF THE CONTRACT FOR CONSTRUCTION

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4.4.3 If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Owner, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs.

4.5 SAFETY REQUIREMENTS

The Contractor must comply with all Federal, State, and local safety laws and regulations applicable to work performed under this Contract.

4.6 PREVAILING WAGE RATES AND LABOR REGULATIONS

4.6.1 The rate per hour to be paid to mechanics, apprentices, teamsters, chauffeurs, and laborers employed on the Work shall not be less than the rate of wages in the attached "Minimum Wage Rates" as determined by the Commissioner of the Massachusetts Department of Labor Division of Occupational Safety. This schedule shall continue to be the minimum rate of wages for said employees during the life of this Contract. Any questions relative to the applicability of any wage rate shall be directed to the Division of Occupational Safety.

4.6.2 Keep a legible copy of said schedule posted on the site at all times. Provide the Owner, on a weekly basis, and keep an on-site file of the wage rates and classifications of labor employed on this Work in order that they may be available for inspection by the Owner, Department, Architect, or any agency having jurisdiction.

4.6.3 Pay reserve police officers employed on the Work the prevailing rate of wages paid to regular police officers as required by MGL c149 § 34B, as amended. Such police officers shall be covered by Worker's Compensation Insurance and Employers Liability Insurance provided by the Contractor.

4.6.4 The Contractor shall not have any claim for extra compensation from the Owner if the actual wages paid to employees on the Contract exceeds the rates listed on the Schedule

4.6.5 WAGE RATE REPORTING

.1 The Contractor and all subcontractors shall provide certified payroll affidavits verifying compliance with MGL c.149 §§26 - 27H.

.2 The Contractor and all subcontractors shall provide a Statement of Compliance within 15 days of the completion of its portion of the work. This statement shall be submitted to the Owner on the form found elsewhere in this section.

4.6.6 APPRENTICE REQUIREMENTS

Apprentices employed pursuant to this determination of wage rates must be registered and approved by the State Apprenticeship Council wherever rates for journeymen or apprentices are not listed.

4.6.7 EMPLOYEE OSHA SAFETY TRAINING

.1 All employees who work on this construction site must have no less than 10 hours of OSHA-approved safety and health training.

.2 The Contractor and all Subcontractors shall furnish to the Owner, with the certified payroll reports, documentation indicating that each employee has successfully completed 10 hours of a course in construction safety and health. This course must be approved by the United States Occupational Health and Safety Administration (OSHA).

5.0 CONTRACT ADMINISTRATION

5.1 PRECONSTRUCTION CONFERENCE

Prior to commencement of the Work, the Contractor shall meet in conference with representatives of the Owner, to discuss and develop mutual understandings relative to administration of the quality assurance program, safety program, labor provisions, the schedule of work, and other Contract procedures.

5.2 REJECTION OF DEFECTIVE MATERIALS AND WORK

The Owner's inspection of the Work shall not relieve the Contractor of any of its responsibilities to fulfill the Contract obligations, and defective work shall be corrected. Unsuitable work may be rejected by the Owner, notwithstanding that such work and materials have been previously overlooked or misjudged by the Owner and accepted for payment. If the Work or any part thereof shall be found defective at any time before the final acceptance of the whole Work, the Contractor shall forthwith correct such defect in a manner satisfactory to the Owner, and if any material brought upon the site for use in the Work, or selected for the same, shall be rejected by the Owner as unsuitable or not in conformity with the Contract requirements, the Contractor shall forthwith remove such materials from the vicinity of the Work.

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6.0 CHANGES

6.1 All changes in the work, including any increase, decrease, or other equitable adjustment in the Contract price or in the time for performing the Contract, shall be authorized in writing by the Owner. .

6.2 The Owner may direct changes to the Work provided:

.1 the unit prices remain the same, .2 the Owner's representative has specified in writing that an increase is necessary to fulfill the al needs of the Owner and is more economical than awarding another contract, .3 the Contractor agrees to the increase or decrease in writing, and

7.0 PAYMENTS

7.1 CONTRACT SUM

The Contract Sum is stated in the Owner-Contractor Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents.

7.2 APPLICATIONS FOR PAYMENT

7.2.1 Once each month, on a date established at the beginning of the Work, the Contractor shall deliver to the Owner an itemized Application for Payment, supported by such data substantiating the Contractor's right to payment as the Owner may require, and reflecting a minimum of 5% retainage until the final acceptance and payment by the Owner.

7.2.2 . The Owner shall make payment to the Contractor within 30 days of receipt of said application, less any applicable retainage.

7.2.3 The Owner may make changes in any application for payment submitted by the Contractor for:

.1 Retention based on the value of its claims against the Contractor, .2 Retention of 5% of the approved amount of the Application for Payment.

7.3 FINAL PAYMENT

The acceptance by the Contractor of the last payment due under this Contract or the execution of the Final Certificate of Completion, shall operate as a release to the Owner from all claims and liability related to this Contract.

8.0 GUARANTY AND WARRANTY

8.1 WARRANTY

The Contractor warrants to the Owner that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by the Owner, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment furnished. The Owner reserves the right to reject said substituted materials even after requesting evidence.

8.2 GENERAL GUARANTY

If at any time during the period of one (1) year from the date of the Substantial Completion the Work to be performed under this Contract, or any part of the Work shall, in the reasonable determination of the Owner, require replacing or repairing due to the fact that it is broken, defective, or otherwise does not conform to the Contract Documents, the Owner will notify the Contractor to make the required repairs or replacement. If the Contractor shall neglect to commence such repairs or replacement to the satisfaction of the Owner within ten (10) days from the date of giving or mailing such notice, then the Owner may employ other persons to make said repairs or replacements. The Contractor agrees, upon demand, to pay to the Owner all amounts which the Owner expends for such repairs or replacements. During this one year guarantee period any corrective work shall be performed in accordance with the applicable terms of this Contract. For items of work completed after substantial completion, the one year guarantee shall commence at the time the Owner accepts such items. This one year guarantee shall not limit any express guaranty or warranty provided elsewhere in the Contract.

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9.0 INSURANCE REQUIREMENTS

The Contractor shall provide insurance coverage as listed in subparagraphs 9.1 - 9.6. This insurance shall be provided at the Contractor's expense and shall be in full force and effect during the full term of this contract.

9.1 WORKER'S COMPENSATION

Worker's Compensation: Coverage A Statutory Per M.G.L. c.149 §34 and c.152 as amended Employer's liability: Coverage B up to $ 500,000 each accident

$ 500,000 disease per employee $ 500,000 disease policy

9.2 CONTRACTOR’S COMMERCIAL GENERAL LIABILITY

Bodily Injury & $ 1,000,000. each occurrence Property Damage $ 1,000,000. general aggregate

Products & Completed Operations $ 1,000,000. aggregate Personal & Advertising Injury $ 1,000,000. each occurrence

9.3 VEHICLE LIABILITY

Personal Injury $ 500,000. each person and Property Damage $ 1,000,000. aggregate Combined Single Limit $ 1,000,000.

9.4 OWNER AS CO-INSURED

The Boston Housing Authority and DHCD shall be named as additional insured on the Contractor's liability policies.

9.5 CERTIFICATES OF INSURANCE, POLICIES

9.5.1 The Contractor shall not commence work on this contract until proof of compliance with this article has been furnished to the Owner by submitting one copy of a properly endorsed insurance certificate issued by a company authorized to write insurance in the Commonwealth. This certificate shall indicate that the Contractual Liability Coverage is in force.

9.5.2 The Contractor shall file the original and one certified copy of all policies with the Owner within sixty days after Contract award. If the Owner is damaged by the Contractor's failure to maintain such insurance and to so notify the Owner, then the Contractor shall be responsible for all reasonable costs attributable thereto.

9.6 CANCELLATION

Cancellation of any insurance required by this contract, whether by the insurer or the insured, shall not be valid unless written notice thereof is given by the party proposing cancellation to the other party and to the Owner at least thirty days prior to the effective date thereof, which shall be expressed in said notice.

10.0 INDEMNIFICATION

10.1 The Contractor shall take all responsibility for the Work and take all precautions for preventing injuries to persons and property in or about the Work and shall bear all losses resulting to or on account of the amount or character of the Work. The Contractor shall pay or cause payment to be made for all labor performed or furnished and for all materials used or employed in carrying out this Contract.

10.2 The Contractor shall assume the defense of, and indemnify and save harmless the Owner, the Department, and their officers and agents from all claims:

.1 relating to labor performed or furnished and materials used or employed for the Work;

.2 to inventions, patents and patent rights used in and in doing the Work unless such patent infringement is due to a product or process specified by the Owner;

.3 to injuries to any person or corporation received or sustained by or from the Contractor and any employees, and subcontractors and employees, in doing the work, or in consequence of any improper materials, implements or labor used or employed therein;

.4 and to any act, omission or neglect of the Contractor and any employees therein.

11.0 NOT USED

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12.0 MISCELLANEOUS REQUIREMENTS AND EXECUTIVE ORDERS

12.1 The Contractor shall comply with the provisions of EPA Regulation 40 CFR 745; M.G.L. c.151B;

Executive Order 526, Order regarding Non-Discrimination, Diversity, Equal Opportunity, and Affirmative Action;

pertaining to minority and women owned business enterprises; Executive Order 527 establishing the Office of Access and Opportunity and Executive Order 481, prohibiting the use of undocumented workers on state contracts and all regulations promulgated pursuant thereto. The aforementioned law, executive orders, regulations and any amendments are incorporated herein by reference and made a part of this Contract.

12.2 CONFLICT OF INTEREST

The Contractor covenants, that:

.1 presently, there is no financial interest and shall not acquire any such interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement or which would violate M.G.L. c.268A, as amended;

.2 in the performance of this Contract, no person having any such interest shall be employed by the Contractor or engaged as a subcontractor by the contractor; and

.3 no partner or employee of the firm is related by blood or marriage to any Board Member or employee of the Awarding Authority."

13.0 TERMINATION

13.1 TERMINATION FOR CAUSE

13.1.1 The Owner may terminate this contract for cause if it determines that any of the following circumstances have occurred:

.1 The Contractor is adjudged bankrupt or has made a general assignment for the benefit of its creditors.

.2 A receiver has been appointed of the Contractor's property.

.3 All or a part of the Work has been abandoned.

.4 The Contractor has sublet or assigned all or any portion of the Work, the Contract, or claims thereunder, without the prior written consent of the Owner, except as provided in the Contract Documents.

.5 The Owner has determined that the rate of progress required on the project is not being met.

.6 The Contractor has substantially violated any provisions of this Contract.

13.1.3 The Owner may complete the work, or any part thereof, and charge its expense of so completing the work or part thereof, to the Contractor.

13.1.4 The Owner may take possession of and use any materials, machinery, implements and tools found upon the site of said Work. The Owner shall not be liable for any depreciation, loss or damage to said materials, machinery, implements or tools during said use and the Contractor shall be solely responsible for their removal from the Project site after the Owner has no further use for them.

13.3 TERMINATION - NO FAULT

13.3.1 In the event that this Contract is terminated by the Owner, prior to the completion of construction and termination is not based on a reason listed in Paragraph 13.1, the Contractor shall be compensated for its costs incurred, including reasonable costs of de-mobilization, calculated on a percent completion basis covering the period of time between the last approved application for payment and the date of termination.

13.3.2 Payment by the Owner pursuant to Subparagraph 13.3.1 shall be considered to fully compensate the Contractor for all claims and expenses and those of any consultants, subcontractors, and suppliers, directly or indirectly attributable to the termination, including any claims for lost profits.

END OF GENERAL CONDITIONS

00.72.10

INSERT APPLICABLE WAGE SHEETS

THE COMMONWEALTH OF MASSACHUSETTS

EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT

DEPARTMENT OF LABOR STANDARDS

Prevailing Wage Rates

MAURA HEALEY

Governor

KIM DRISCOLL

Lt. Governor

As determined by the Director under the provisions of the Massachusetts General Laws, Chapter 149, Sections 26 to 27H

LAUREN JONES

Secretary

MICHAEL FLANAGAN

Director

Awarding Authority: Boston - Housing Authority City/Town: BOSTON

Contract Number: 2460-02

Description of Work: Fencing at West Broadway Community Garden

Job Location: 81 Orton Marotta Way, South Boston, MA 02127

Information about Prevailing Wage Schedules for Awarding Authorities and Contractors

The wage rates will remain in effect for the duration of the project, except in the case of multi-year public construction projects. For construction projects lasting longer than one year, awarding authorities must request an updated wage schedule no later than two weeks before the anniversary of the date the contract was executed by the awarding authority and the general contractor. For multi-year CM AT RISK projects, the awarding authority must request an annual update no later than two weeks before the anniversary date, determined as the earlier of: (a) the execution date of the GMP Amendment, or (b) the execution date of the first amendment to permit procurement of construction services. The updated wage schedule must be provided to all contractors, including general and sub-contractors, working on the construction project.

This annual update requirement is generally not applicable to 27F “rental of equipment” contracts. For such contracts, the prevailing wage rates issued by DLS shall remain in effect for the duration of the contract term. However, if the prevailing wage rate sheet issued does not contain wage rates for each year covered by the contract term, the Awarding Authority must request updated rate sheets from DLS and provide them to the contractor to ensure the correct rates are being paid throughout the duration of the contract. Additionally, if an Awarding Authority exercises an option to renew or extend the contract term, they must request updated rate sheets form DLS and provide them to the contractor.

This wage schedule applies only to the specific project referenced at the top of this page and uniquely identified by the “Wage Request Number” on all pages of this schedule.

An Awarding…