Construction_CONTRACT~13.doc

Owner Contractor Agreement

THE COMMONWEALTH OF MASSACHUSETTS

DEPARTMENT OF FISH AND GAME

Division of Fisheries and Wildlife

Clause 1. This agreement made this day of , 2023, between the Commonwealth of Massachusetts, by the Department of Fish & Game, Division of Fisheries and Wildlife, for the said Commonwealth and ,___________________________ a corporation duly organized under the laws of the Commonwealth of Massachusetts and having a usual place of business at _________________________________________, herein called the Contractor.

Clause 2. Witnesseth, the parties to this agreement, each in consideration of the agreements on the part of the other herein contained, do hereby agree, the Commonwealth of Massachusetts for itself, and said Contractor for itself and its successors and assigns as follows:

Sandwich Hatchery Well Redevelopment and Pump and Motor Replacement in accordance with Invitation for Bids DFW-2024-005

CONTRACT SUMMARY:

CONTRACT #: DFW-2024-005

TOTAL CONTACT AMOUNT: $__________________

CONSTRUCTION COMPLETION DATE(s): December 31, 2023 In strict conformity with the provisions herein contained and of the Notice to Contractors, Proposal and Special Provisions hereto attached, and all applicable Standard Specifications with the plans referred to herein. All said plans, Standard Specifications, Supplemental Specifications, Special Provisions, Notice to Contractors and Proposal are hereby made part of this contract.

Clause 3. In consideration of the foregoing premises the Commonwealth agrees to pay and the Contractor agrees to receive as full compensation for everything furnished and done by the Contractor under this contract, including all work required but not shown on the plans for the items herein mentioned, and also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any delay or from any unforeseen obstruction or difficulty encountered in the prosecution of the work, and for all risks of every description connected with the work, and for all expenses incurred by or in consequence of the suspension or discontinuance of the work as herein specified, and for well and faithfully completing the work, and the whole thereof, as herein provided, such unit prices are set out in the accompanying proposal, and for all work required, for which there is no item in the proposal, such compensation as is provided for in the aforesaid specifications.

In witness whereof, the said Contractor has caused these presents to be signed in its name and behalf and its corporate seal to be affixed by

____________________________________________________Its_____________________ and _________________________________________________Its________________________ thereto duly authorized, and the said Commonwealth has executed these presents by its Division of Fisheries and Wildlife on the year and day above written

Kris McCarthy, Associate Director of Finance, MassWildlife BY ________________________________________________________ Contractor

___________________________________________________________ Corporate Seal