Holliston High School Backstop_IFB Final.pdf

CONSTRUCTION DOCUMENTS

BASEBALL FIELD BACKSTOP

REPLACEMENT PROJECT

HOLLISTON HIGH SCHOOL

HOLLISTON, MA

November 15, 2023

PREPARED FOR:

TOWN OF HOLLISTON

1750 WASHINGTON STREET

HOLLISTON, MA 01746

PREPARED BY:

GALE ASSOCIATES, INC.

300 LEDGEWOOD PLACE, SUITE 300

ROCKLAND, MA 02370

JN 719260

T A B L E O F C O N T E N T S

NUMBER

DOCUMENTS OF PAGES

00001 Title Sheet 1 00003 Table of Contents 1

BIDDING REQUIREMENTS, CONTRACT FORMS AND CONDITIONS OF THE

CONTRACT

00010 Advertisement for Bids 2 00100 Instructions and Information for Bidders 7 00300 Form for General Bid 4 00306 Bidder’s Qualifications Form 3 00310 Bid Bond 2 00311 Bidder’s Certification Regarding Payment of Prevailing Wages 1 00375 Statement of Tax Compliance, Certification of Good Faith, and OSHA Certification 2 00430 Notice of Award 1 00500 Form for Agreement 3 00600 Payment Bond 2 00610 Performance Bond 2 00650 Notice to Proceed 1 00700 General Conditions 24 00852 Special Conditions - General 1 00855 Special Conditions – Massachusetts (18 pages, 2 pages forms, and 33 pages of Wages) 53 00905 Change Order Form 1 00945 Certificate of Substantial Completion 2 00950 Waiver of Liens 1 00960 Certificate of Final Payment and Completion of Work 1

T E C H N I C A L S P E C I F I C A T I O N S

APPENDIX A - Geotechnical Report

APPENDIX B - Forms

APPENDIX C - Drawings

NOTE: Bidders shall check the attached documents with the above list before submitting a Bid.

END OF TABLE OF CONTENTS

DOCUMENT 00010

ADVERTISEMENT FOR BIDS

The Select Board for the Town of Holliston will receive sealed Bids for Holliston High School Baseball Field Backstop Replacement, until 10 a.m. local time on Friday, December 1, 2023 at the Select Board office, Town Hall, 703 Washington Street, Holliston, Massachusetts 01746, at which time and place all Bids will be opened and read in the Conference Room (# 105). Bids submitted after this time will not be accepted.

In general, the Work of this Project includes, but is not limited to furnishing all necessary labor, materials, equipment, and incidentals to install and place in service a tension netting backstop for the Holliston High School Baseball Field, surface restorations and all other related Work complete as specified.

THE ESTIMATED COST FOR THIS PROJECT IS APPROXIMATELY $ 195,000.00 .

The Contract Documents and plans may be examined during business hours from 8:00 a.m. to 4:00 p.m. Monday through Friday at:

Town Administrator’s Office 703 Washington Street Holliston, MA 01746

Questions regarding requests for Contract Documents shall be forwarded to:

Monday through Friday at:

Town Administrator’s Office 703 Washington Street Holliston, MA 01746 Or via email to James Keast at keastj@holliston.k12/ma.us

All technical questions shall be forwarded to:

Bree D. Sullivan – Gale Associates, Inc.

email: bds@gainc.com

Each Bid shall be accompanied by a Bid Security in the amount of five (5) percent of the value of the Bid in the form described in DOCUMENT 00100, INSTRUCTIONS AND INFORMATION FOR BIDDERS, and made payable to the Select Board for the Town of Holliston.

A Performance Bond and a Payment Bond, each in the amount of fifty (50) percent of the Contract Price, will be required in the form described in DOCUMENT 00100, INSTRUCTIONS AND

INFORMATION FOR BIDDERS .

Prevailing Wage Rates as determined by the Department of Labor Standards under the provision of the Massachusetts General Laws, Chapter 149, Sections 26 to 27H, as amended, apply to this Project.

It is the responsibility of the Bidder, before Bid opening, to request, if necessary, any additional information on Prevailing Wage Rates for those trades people who may be employed for the proposed Work under this Contract.

Bidders attention is called to the requirements as to conditions of employment to be observed, minimum state wage rates to be paid and payroll submission requirements under the Contract.

No Bidder may withdraw its Bid within thirty (30) calendar days (Saturdays, Sundays and legal holidays excluded) after the actual date of the Bid opening.

Complete instructions for filing Bids are included in DOCUMENT 00100, INSTRUCTIONS AND INFORMATION FOR BIDDERS . The bidding and award of this Contract shall be in full compliance with Sections 39M inclusive of Chapter 30 of the General Laws of the Commonwealth of Massachusetts as last revised.

The total time period for completion of all Work under this Contract is sixty (60) consecutive calendar days using no more than forty-five (45) on-site working days. It is the intent of this Project for construction to start and to continue using no more than forty-five (45) on-site working days until all Work is completed. Work performed beyond the specified total completion consecutive calendar days and or on-site working day periods will be subject to liquidated damages in the amount specified in the Contract Documents, unless the time for completion is extended otherwise by the Contract Documents.

The Owner may waive any informalities or minor defects, or reject any or all Bids if it is in the best interest of the Owner to do so.

SELECT BOARD

HOLLISTON, MASSACHUSETTS

END OF DOCUMENT

DOCUMENT 00100

INSTRUCTIONS AND INFORMATION FOR BIDDERS

1.00 Project Identification

1.01 Receipt of Bids

1.02 Modifications and Withdrawal of Bids

1.03 Examination of Contract Documents

and Sites

1.04 Addenda and Interpretations

1.05 Bids, Bonds and Award of Contract

1.06 Execution of the Agreement

1.07 Notice to Proceed

1.08 Time Schedule for Completion of Work

1.09 Wage Rates

1.10 Laws and Regulations

1.11 Inspection of the Work

1.12 Sales Tax

1.13 Guarantees

1.14 Record Keeping

1.15 Listed Hazardous Waste Sites

1.16 Engineer

1.00 PROJECT IDENTIFICATION

A. Owner: Town of Holliston, Massachusetts

B. Awarding Authority: Select Board

C. Mailing Address: Select Board Town Hall 703 Washington Street Holliston, Massachusetts 01746

D. Project Name: Holliston High School Baseball Field Backstop Replacement

E. Funding: Local

1.01 RECEIPT OF BIDS

A. General Bids for this Project will be received by the Awarding Authority on behalf of the Owner at the time and place stated in the DOCUMENT 00010, ADVERTISEMENT FOR BIDS, and then at said place publicly opened and read aloud.

B. Each Bid must be submitted in a sealed envelope, addressed to the Select Board Town Hall, 703 Washington Street, Holliston, Massachusetts 01746. Each sealed envelope containing a Bid must be plainly marked on the outside with “ Bid for Holliston High School Baseball Field Backstop Replacement " and the envelope should bear on the outside the name of the Bidder and its address. If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another envelope addressed to the Select Board at the above address.

C. All Bids must be made on the Bid form included in the Contract Documents. All blank spaces for bid prices must be filled in, in ink or typewritten, and the Bid form must be fully completed and executed when submitted. Only one (1) set of the Bid documents is required.

D. List of required Documents for General Bid submission:

1. Form for General Bid Document 00300

2. Bidder’s Qualification Form Document 00306

3. Bid Bond (see Article 1.05, below) Document 00310

4. Bidder’s Certification Regarding Payment of Prevailing Wages Document 00311

5. Statement of Tax Compliance Document 00375

1.02 MODIFICATIONS AND WITHDRAWAL OF BIDS

A. The Owner may waive any informalities or minor defects or reject any and all Bids. Any Bid may be withdrawn prior to the above scheduled time for the opening of Bids or authorized postponement thereof. Any Bid received after the time and date specified shall not be considered.

Should there be reasons why the Contract cannot be awarded within the specified period, the time may be extended by mutual agreement between Owner and the Bidder.

B. No Bidder may withdraw its Bid within thirty (30) calendar days (Saturdays, Sundays and legal holidays excluded) after the actual date of the Bid opening.

C. Prior to the Bid Opening, Bids may be withdrawn upon written or telegraphic request of the Bidder provided confirmation of any telegraphic withdrawal, signed by the Bidder, is placed in the mail and postmarked prior to the time set for the Bid Opening. Bid documents and security of any Bidder withdrawing its Bid in accordance with the foregoing conditions will be returned.

1.03 EXAMINATION OF CONTRACT DOCUMENTS AND SITE

A. Each Bidder is responsible for inspecting the Project site and for reading and being thoroughly familiar with the Contract Documents. The failure or omission of any Bidder to do any of the foregoing shall in no way relieve any Bidder from any obligation in respect to its Bid.

B. Bidders must satisfy themselves of the accuracy of the estimated quantities in each Bid Item contained in DOCUMENT 00300, FORM FOR GENERAL BID by examination of the Project site and a review of the Contract Documents. After Bids have been submitted, the Bidder shall not assert that there was a misunderstanding concerning the quantities of Work or of the nature of the Work to be done.

C. The Contract Documents contain the provisions required for the construction of the Project. Information obtained from an officer, agent, or employee of the Owner or any other person shall not affect the risks or obligations assumed by the Bidder or relieve it from fulfilling any of the conditions of the Contract.

1.04 ADDENDA AND INTERPRETATIONS

A. All questions by prospective Bidders as to the interpretation of the Contact Documents shall be submitted in writing to the Facility Manager and shall be in its possession at least ten (10) calendar days (November 20, 2023) before the date herein set for the receipt of Bids. The Engineer will then issue an addendum with interpretations of all questions so raised which, in its opinion, required interpretation.

B. Each Bidder shall be responsible for determining that they have received all Addenda issued and shall acknowledge said receipt on DOCUMENT 00300, FORM FOR GENERAL BID.

1.05 BIDS, BONDS, AND AWARD OF CONTRACT

A. Each Bid must be accompanied by a Bid Bond, certified check or a treasurer's or cashier's check issued by a responsible bank or trust company, payable to the Owner in the amount of five

(5) percent of the value of the Bid. As soon as Bid prices have been compared, the Owner will return the Bid deposits of all except the three (3) lowest responsible Bidders. When the Agreement is executed, the Bid deposits of the two (2) remaining unsuccessful Bidders will be returned. The Bid deposit of the successful Bidder will be retained until the Payment Bond and Performance Bond have been executed and approved, after which it will be returned. Bid Bonds must be submitted from surety qualified to do business under the laws of Massachusetts.

B. Each Bidder shall sign its name in the space provided for. If a partnership or corporation makes the Bid, the name and address of the partnership or corporation shall be shown, together with the names of the partners or the officers. A Bid made by a partnership shall be acknowledged by one of the partners; a Bid made by a corporation shall be acknowledged by one of the authorized officers thereof, and the corporate seal attached.

C. A conditional or qualified Bid will not be accepted.

D. Award will be made to the lowest responsible and eligible Bidder.

E. The Owner may make such investigations as it deems necessary to determine the ability of the Bidder to perform the Work and the Bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any Bid if the evidence submitted by, or investigation of, such Bidder fails to satisfy the Owner that such Bidder is properly qualified to carry out the obligations of the Contract and to complete the Work contemplated therein.

F. The lowest responsible and eligible Bidder shall supply the names and addresses of major material Suppliers and Subcontractors when required to do so by the Owner.

G. A Performance Bond and a Payment Bond, each in the amount of fifty (50) percent of the Contract price, with a corporate surety qualified to do business under the laws of the Commonwealth of Massachusetts and satisfactory to the Owner, will be required of the General Contractor for the faithful performance of the Contract, and may be required by the General Contractor of Sub-contractors. If bonds are required of Sub-contractors, the General Contractor shall pay the premiums therefore.

H. Attorneys-in-fact who sign Bid Bonds or Payment Bonds and Performance Bonds must file with each bond a certified and effective dated copy of their power of attorney.

1.06 EXECUTION OF THE AGREEMENT

A. The party to whom the Contract is awarded will be required to execute DOCUMENT 00500, FORM FOR AGREEMENT and obtain the Performance Bond, Payment Bond and Certificates of Insurance within ten calendar days from the date when DOCUMENT 00430, NOTICE OF AWARD is delivered to the Bidder. If any Bidder fails to execute DOCUMENT 00500, FORM FOR AGREEMENT and furnish a Performance Bond or Payment Bond as stated in its Bid, its Bid deposit shall become the property of the Owner as liquidated damages; provided that in case of death, disability or other unforeseen circumstances affecting the Bidder, its Bid deposit may be returned, provided further that the amount of the Bid deposit to be retained shall not exceed the difference between the low Bid and the Bid of the next lowest eligible Bidder.

1.07 NOTICE TO PROCEED

A. DOCUMENT 00650, NOTICE TO PROCEED shall be issued within ten (10) days of the execution of the DOCUMENT 00500, FORM FOR AGREEMENT by the Owner. Should there be reasons why DOCUMENT 00650, NOTICE TO PROCEED cannot be issued within such period, the time may be extended by mutual agreement between the Owner and Contractor. If the DOCUMENT 00650, NOTICE TO PROCEED has not been issued within the ten-day period or within the period mutually agreed upon, the Contractor may terminate the Agreement without further liability on the part of either party.

1.08 TIME SCHEDULE FOR COMPLETION OF WORK

A. The total time period for completion of all Work under this Contract is sixty (60) consecutive calendar days using no more than forty-five (45) on-site working days. It is the intent of this Project for construction to start and to continue using no more than forty-five (45) on-site working days until all Work is completed.

B. Work performed beyond the specified total completion consecutive calendar days and or on-site working day periods will be subject to liquidated damages in the amount specified in the Contract Documents, unless the time for completion is extended otherwise by the Contract Documents.

1.09 PREVAILING WAGE RATES

A. Prevailing wage rates, as determined by the Department of Labor Standards, under the provision of the Massachusetts General Laws, Chapter 149, Sections 26 to 27H, as amended, apply to this Project. It is the responsibility of the Contractor, before Bid opening, to request, if necessary, any additional information on Massachusetts Wage Rates for those tradespeople who are not covered by the applicable Massachusetts Wage Decision, but who may be employed for the proposed Work under this Contract.

B. In accordance with Chapter 149, Section 27B, it is the responsibility of the Contractor and any subcontractors to submit payroll records to the Owner on a weekly basis. Failure to submit payroll records will result in withholding of partial progress payments.

C. In case that the Contract completion time is extended beyond one year from the Contract execution date, the Contractor shall pay wages according to the most updated wage rates.

1.10 LAWS AND REGULATIONS

A. Applicable provisions of Massachusetts General Laws and Regulations and/or the United States Code and Code of Federal Regulations govern this Contract and any provision violation of the foregoing shall be deemed null, void and of no effect. Where conflict between Code of Federal Regulations and State Laws and Regulations exist, the more stringent requirement shall apply.

B. All applicable laws, ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the Project shall apply to the Contract throughout.

C. This Project is subject to all of the OSHA Safety and Health Regulations (see 29 CFR Part 1926/1910 and all subsequent amendments) as promulgated by the United States Department of Labor on June 24, 1974 and to the Massachusetts, "Construction Industry Rules and Regulations", 454 CMR 10.00, et seq. Contractors shall be familiar with the requirements of these regulations.

D. The Contract is being Bid on under the provisions of Massachusetts General Laws Chapter 30 Section 39M.

E. This Project is a local project being Bid, awarded and administered by the Owner (Town of Holliston, Massachusetts) through its awarding authority (Select Board) and its Designated Agent.

1.11 INSPECTION OF THE WORK

A. The Contractor shall provide at all times proper facilities for access and inspection by representatives of the Owner, federal, state or other agency having jurisdiction over the Work of this Project. The Owner shall at all times have access to the work wherever it is in preparation or progress and the Contractor shall provide suitable accommodations for such access

1.12 SALES TAX

A. This Project is exempt from State Sales and Use or Excise Taxes to the extent allowed by law.

1.13 GUARANTEES

A. In addition to other guarantees due the Owner, the Contractor guarantees that the Work and services to be performed under the Contract, and all workmanship, materials and equipment performed, furnished, used or installed in the construction shall be free from defects and flaws, and shall be performed and furnished in strict accordance with the Contract Documents, that the strength of all parts of all manufactured equipment shall be adequate and as specified and that the performance test requirements of the Contract shall be fulfilled. This guarantee shall be for a period of one (1) year from and after the date of completion and acceptance of the Work as stated in the final estimate. If part of the Work is accepted in accordance with the Contract Documents, the guarantee for that part of the Work shall be for a period of one (1) year from the date fixed for such acceptance. The Performance Bond shall remain in full force and effect throughout the Guarantee Period.

B. If at any time within the said period of guarantee any part of the Work requires repairing, correction or replacement, the Owner may notify the Contractor in writing to make the required repairs, correction, or replacements. If the Contractor neglects to commence making such repairs, corrections, or replacements to the satisfaction of the Owner within three (3) days from the date of receipt of such notice, or having commenced fails to prosecute such Work with diligence, the Owner may employ other persons to make the same, and all direct and indirect costs of making said repairs, correction or replacements, including compensation for additional professional services, shall be paid by the Contractor.

1.14 RECORD KEEPING

A. The Contractor is reminded that the provisions of Chapter 30, Section 39R relative to record keeping apply to this Contract. Excerpts of c.30, s.39R are included in DOCUMENT 00855, SPECIAL CONDITIONS, COMMONWEALTH OF MASSACHUSETTS, of the Contract Documents. A brief summary of the requirements is as follows:

1. The Contractor and all subcontractors shall maintain books, records, and accounts at least six (6) years after the final payment. They will be subject to inspection by the awarding authority, officers of the Inspector General, or the Deputy Commissioner of Capital Asset Management and Maintenance.

2. Any changes in record keeping or recording transactions that affect the awarding authority shall be explained along with a letter from the Contractor's independent certified public accountant approving or otherwise commenting on the changes.

3. The Contractor shall file with the Awarding Authority a statement of management as to whether the system of internal accounting controls has been established.

4. The Contractor shall file with the Awarding Authority a statement prepared and signed by an independent certified public accountant that an examination has been made of internal accounting controls.

1.15 LISTED HAZARDOUS WASTE SITES

A. The Bidder is advised that there may be sites located within the Project area which appear on the Department of Environmental Protection most recent list of hazardous waste sites and that Work in the vicinity of these sites could be affected. A current list of all reported hazardous waste sites is available on the Massachusetts Department of Environmental Protection (DEP) Website.

All necessary and required precautions and federal, state and local laws and regulations shall be followed when working in or near these sites.

DOCUMENT 00300

FORM FOR GENERAL BID

Proposal of: ____________________________________________________________________, (hereinafter called "Bidder"), organized and existing under the laws of the State of _________________________________ doing business as _______________________________ (a corporation, or a partnership, or an individual).

To: THE SELECT BOARD FOR THE TOWN OF HOLLISTON, MASSACHUSETTS (hereinafter shall be called "Owner").

A. In compliance with your DOCUMENT 00010, ADVERTISEMENT FOR BIDS, the Bidder hereby proposes to perform all Work for Holliston High School Baseball Field Backstop Replacement, in strict accordance with the Contract Documents, within the time set forth therein and at the prices stated below in accordance with the provisions of Massachusetts General Laws Chapter 30, Section 39M.

B. Bidder hereby agrees to commence Work under this Contract within ten (10) consecutive calendar days after a date to be specified in DOCUMENT 00650, NOTICE TO PROCEED and fully complete the Project within 60 consecutive calendar days using no more than 45 on-site working days. It is the intent of this Project for construction to start and to continue using no more than 45 on-site working days until all Work is completed. Work performed beyond the specified total completion consecutive calendar days and or on-site working day periods will be subject to liquidated damages. Bidder further agrees to pay as liquidated damages, the sum of $1500 for each consecutive calendar day beyond the specified periods, as provided in Article 15 of DOCUMENT 00700, GENERAL CONDITIONS, unless the time for completion is extended otherwise by the Contract Documents.

C. No Bidder may withdraw its Bid within thirty (30) calendar days (Saturday, Sunday and legal holidays excluded) after the actual date of the Bid opening.

D. Bidder acknowledges receipt of Addenda No. _____ through _____.

E. The Bidder agrees that, if it is selected as Contractor, it will within ten (10) calendar days after presentation thereof by the Awarding Authority, execute a Contract in accordance with the terms of this Bid and furnish a Performance Bond and a Payment Bond, each of a surety company qualified to do business under the laws of the Commonwealth of Massachusetts and satisfactory to the Awarding Authority. Each bond shall be in the sum of one hundred (100) percent of the Contract price, the premiums for which are to be paid by the Contractor and are included in the Contract price and shall further provide the Owner with proof of insurance in a form satisfactory to the Owner, as required in the Contract.

F. The Bid prices shall include all profit, overhead, costs and expenses, labor, materials and insurance.

G. Bidder understands that the Owner reserves the right to reject any or all Bids and waive any informalities in the bidding.

BID

A. Bidder agrees to perform all the Work, including all incidental labor, materials and equipment necessary for the satisfactory completion of the Work and in full compliance with the contents and intent of the Specifications and/or Drawings of the Work, for the following price listed below.

B. Price shall be stated in both words and figures. In the event of a discrepancy between the price in words and the price in figures, the words shall govern.

C. Interlineations, alteration or erasure may void the Bid. All prices shall be typewritten or written by hand in ink.

TOTAL AMOUNT OF BID (amount written out in words)

Dollars ($ ).

D. The Bidder further certifies under the penalties of perjury that this Bid is in all respects bona fide, fair and made without collusion or fraud with any other person. As used herein the word "person" shall mean any natural person, joint venture, partnership, corporation or other business or legal entity.

E. The undersigned represents that this proposal is made, in good faith without fraud, collusion or connection of any kind with any Bidder for the same Work; that it is competing in its own interests and in its own behalf without connection or obligation to any undisclosed person; that no other person has any interest in the profits of the Contract; that it has informed himself fully in regard to all conditions pertaining to the Work and in regard to the place where it is to be done;

and that it has made its own examination and estimates from which this proposal is made.

F. The Bidder further agrees that the Bid deposit left with the Awarding Authority shall become and be the property of the Town of Holliston as liquidated damages if, after an award is made to it, it shall fail to enter into the Contract therefore within ten (10) business days after notice of said award has been mailed or delivered to it.

G. Bidder further certifies under penalties of perjury that the said undersigned is not presently debarred from doing public construction Work in the Commonwealth of Massachusetts under the provisions of Section Twenty-Nine F of Chapter Twenty-Nine, or any other applicable debarment provisions of any other chapter of the General Laws or any rule or regulation promulgated thereunder.

H. Bidder also certifies that it has visited the Project site, received and reviewed the Drawings and Bidding Documents, Conditions and Technical Specifications) dated November 2023, and titled Holliston High School Baseball Field Backstop Replacement, Holliston, Massachusetts.

I. The Bidder hereby certifies that it is able to furnish labor that can Work in harmony with all other elements of labor employed or to be employed on the Work and that it will comply fully with all laws and regulations applicable to awards made in the State of Massachusetts, including the weekly submission of payroll records to the Owner.

J. This Bid must bear the written signature of the Bidder or an authorized agent of the Bidder.

If the Bidder is a corporation or a partnership, the Bid must be signed by a duly authorized officer of such corporation or by a partner and the title of such officer must be stated.

Respectfully submitted: Date __________________

By ____________________________________________________________ (Signature and Title of Person Authorized to Sign Bid)

(Name of Bidder)

(Business Street Address)

(Town / City, State and Zip Code)

Business Phone: (_____) ______________________________

Business Fax: (_____) ______________________________ Business E-mail Address:

(SEAL - If Bid is by a corporation) Attest: _____________________________________________

The proposed surety company on the bond to be given as follows:

Name: _______________________________________________

Address of Home Office: ________________________________

Massachusetts Address: _________________________________

EXAMPLE CLERK’S CERTIFICATE

Action of Shareholders Written Consent

(Date)

The undersigned, being the Shareholders of ________________________, a Massachusetts Corporation (the "Corporation") entitled to vote on the action, hereby consent to the adoption of the following votes:

VOTED: That the [President and/or the Vice President or named individual], each of them acting singly is, authorized to execute any and all contract documents and to enter into and negotiate the terms of all contracts and to accomplish same and to execute any and all documents, instruments, and agreements in order to effectuate the transaction and that said transaction shall be valid, binding, effective, and legally enforceable.

VOTED: That the officers are, and each of them acting singly is, authorized, from time to time, in the name and on behalf of the Corporation to take or cause to be taken all such action(s) as s/he or they, as the case may be, deem necessary, appropriate or advisable to effect the foregoing votes, as may be shown by the officer or officers execution or performance which shall be conclusive evidence that the same is authorized by the directors of this Corporation.

VOTED: That the officers are, and each of them acting singly is, authorized, from time to time, in the name and on behalf of this Corporation, under its corporate seal, if desired, attested by an appropriate officer, if desired, to execute, make oath to, acknowledge, deliver and file any and all of the agreements, instruments, certificates and documents referred to or related to the foregoing votes.

VOTED: That the officers are, and each of them acting singly is, authorized, from time to time and on behalf of this Corporation, under its corporate seal, if desired, to execute, acknowledge and deliver any and all agreements, instruments, certificates and documents referred to or related to the foregoing votes, with such changes as the officer or officers so acting may deem necessary or desirable, and the signature of such officer or officers to be conclusive evidence that the same is authorized by the directors of this Corporation.

Clerk of Corporation Certificate

I, ___________________________ the Clerk of the foregoing corporation, do hereby certify that the above vote was taken at a duly called meeting of the shareholders of the Corporation on _____________, 20__.

Clerk of Corporation

SEAL

DOCUMENT 00306

BIDDER’S QUALIFICATION FORM

1. Name of Bidder:

2. Permanent Main Office Address:

3. When Incorporated:

4. Where Incorporated:

5. Is Bidder registered with the Secretary of State to do business in Massachusetts?

6. How many years have you been engaged in the contracting business under your present firm name?

Also state names and dates of previous firm names, if any.

7. Contracts on hand: (Type of project, client, gross amount, estimated completion date):

8. General character of work performed by your company:

9. Have you ever failed to complete any work awarded to you?

Yes No

If Yes, where, when and why:

10. Have you ever defaulted on a contract?

Yes No

If Yes, where, when and why:

11. List the more important projects, similar to the work of this contract, recently completed by your company, stating the name, address and telephone number of the owner, name and location of similar projects, approximate cost for each, and time period of contract performance (month and year started/month and year completed):

12. List your major equipment AVAILABLE FOR THIS CONTRACT :

13. List your key personnel such as Project Superintendent and foremen available for this contract.

14. List any subcontractors whom you would expect to use for the following (unless this work is to be done by your own organization):

a. Civil Engineering

b. Utility Installation

c. Other work

15. With what banks do you do business?

Do you grant the Awarding Authority permission to contact this (these) institutions?

Yes No

NOTE: Bidders may be required to furnish their latest financial statement as part of the award process.

Dated at this day of

NAME OF BIDDER

BY

TITLE

State of being duly sworn, deposes and

Says that he is of

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

Sworn to me this day of , 20 .

NOTARY PUBLIC

My commission expires

DOCUMENT 00310

BID BOND

Know all men by these presents, that we, the undersigned, ________________________________

_________________________________________________________________ as Principal, and

__________________________________________________________ as Surety, are hereby held and firmly bound unto the Town of Holliston, Massachusetts acting by and through its Select Board as Owner in the penal sum of ___________________________________________for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns.

Signed, this ___________________ day of ________________________, 20__.

The Condition of the above obligation is such that whereas the Principal has submitted to the Town of

Holliston, Massachusetts a certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writing, for the Holliston High School Baseball Field Backstop Replacement.

Now, therefore,

(a) If said Bid shall be rejected, or

(b) If said Bid shall be accepted and the Principal shall execute and deliver a Contract in the Form of

Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a Bond for its faithful performance of said Contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation, shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated.

The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its

Bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid and said Surety does hereby waive notice of any such extension.

In witness whereof, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above.

Principal

By: ___________________________________

Surety

By: ___________________________________

Important - Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the Project is located.

DOCUMENT 00311

BIDDER’S CERTIFICATION REGARDING

PAYMENT OF PREVAILING WAGES

The undersigned Bidder hereby certifies, under the pains and penalties of perjury, that the foregoing

Bid is based upon the payment to laborers to be employed on the Project of wages in an amount no less than the applicable prevailing wage rates established for the Project by the Massachusetts

Department of Labor Standards. The undersigned Bidder agrees to indemnify the Awarding Authority for, from and against any loss, expense, damages, actions or claims, including any expense incurred in connection with any delay or stoppage of the project Work, arising out of or as a result of (1) the failure of the said Bid to be based upon the payment of the said applicable prevailing wage rates or

(2) the failure of the Bidder, if selected as the Contractor, to pay laborers employed on the Project the said applicable prevailing wage rates.

DATE: NAME OF BIDDER:

By:

(Authorized Signature)

Name:

Title:

DOCUMENT 00375

CERTIFICATION OF GOOD FAITH

The undersigned certifies under pains and penalties of perjury that this contract has been obtained in good faith and without collusion or fraud with any other person. As used in this certification, the word “person” shall mean any natural person, business, partnership, corporation, union, committee, club, or other organization, entity, or group of individuals.

The Contractor by:

Print Name

Title/Authority

CERTIFICATE OF STATE TAX COMPLIANCE

Pursuant to Massachusetts General Laws, Chapter 62C, Section 49A _____________________________________, authorized signatory for name of signatory ___________________________________________________, whose name of contractor principal place of business is at _________________________________________________, _____________________________does hereby certify under the pains and penalties of perjury that _________________________________________________________ has paid all name of contractor Massachusetts taxes and has complied with all laws of the Commonwealth of Massachusetts relating to taxes, reporting of employees and contractors, and withholding and remitting child support.

Signature Date

Name

Federal Tax ID # or Social Security #

CERTIFICATION REGARDING LABOR HARMONY AND OSHA TRAINING

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 (“OSHA”) that is at least ten

(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 (effective July 1, 2006); and that he will comply fully with all laws and regulations applicable to awards made subject to section forty-four A.

Name and Title of person authorized to sign Bid

Signature

Name of Business (please Print or Type)

Date: _____________

DOCUMENT 00430

NOTICE OF AWARD

To: _ _

Project Description: Holliston High School Baseball Field Backstop Replacement

The Owner has considered the Bid submitted by you for the above described Work in response to its DOCUMENT 00010, ADVERTISEMENT FOR BIDS dated __________________________ , 20 __ , and DOCUMENT 00100, INSTRUCTIONS AND INFORMATION FOR BIDDERS. You are hereby notified that your Bid has been accepted in the amount of $ __________________ .

You are required by DOCUMENT 00100, INSTRUCTIONS AND INFORMATION FOR BIDDERS to execute DOCUMENT 00500, FORM FOR AGREEMENT and furnish the required Contractor’s Performance Bond, Payment Bond and Certificates of Insurance within ten (10) calendar days from the date of this Notice of Award. If you fail to execute said Agreement and to furnish said Bonds within ten (10) days from the date of this Notice of Award, said Owner will be entitled to consider all your rights arising out of the Owner’s acceptance of your Bid as abandoned and as a forfeiture of your Bid Bond. The Owner will be entitled to such other rights as may be granted by law.

You are required to return an acknowledged copy of this Notice of Award to the Owner. Dated this _____________ day of ____________________ , 20 __ .

Owner: TOWN OF HOLLISTON

By:

Travis Ahern

Town Administrator Title

Acceptance of Notice :

Receipt of the above Notice of Award is hereby acknowledged by ______________________________, this __________day of ____________________, 20__

By _______________________________________

Title _______________________________________

DOCUMENT 00500

FORM FOR AGREEMENT

This Agreement, made this ________ day of _______________, 20__ by and between the Town of Holliston, Massachusetts, hereinafter called "Owner", acting by and through its Select Board, and ________________________________________, hereinafter called "Contractor", doing business as ________________________________ (a corporation, or a partnership, or an individual).

Witnesseth: That for and in consideration of the payments and agreements hereinafter mentioned:

1. The Contractor to commence and complete the Work for Holliston High School Baseball Field Backstop Replacement as shown on the Contract Drawings and as specified.

2. The Contractor will provide all of the material, supplies, tools, equipment, labor and other services necessary for the completion of the Project described herein.

3. The Contractor will commence the Work required by the Contract Documents within ten (10) consecutive calendar days after a date to be specified in DOCUMENT 00650, NOTICE TO PROCEED and will complete the Project within 60 consecutive calendar days using no more than 45 on-site working days. It is the intent of this Project for construction to start and to continue using no more than 45 on-site working days until all Work is completed. The Contractor is required to submit shop drawings, schedule, sequence of construction, and related paperwork immediately after execution of this Agreement and to complete the Project within the schedule(s) specified.

4. Work performed beyond either the specified total completion consecutive calendar days and or on-site working day periods will be subject to liquidated damages. The Contractor agrees to pay as liquidated damages the sum of $1500 for each consecutive calendar day beyond the specified periods as provided in Article 15 of the DOCUMENT 00700, GENERAL CONDITIONS, unless the time of completion is extended otherwise by the Contract Documents.

5. The Contractor agrees to perform all of the Work described in the Contract Documents and comply with the terms therein for the sum shown in DOCUMENT 00300, FORM FOR GENERAL

BID.

6. The Contractor agrees that the “direct labor mark-up” rate for any change order work performed under this Agreement will be 15 percent. Change orders must receive the approval of the Town Administrator and the appropriate Department or Division Head and must be supported by the Engineer and project architects, if any

7. The Contractor shall not discriminate against or exclude any person from participation herein on grounds of race, religion, color, sex, age, or national origin; and that it shall take affirmative actions to ensure that applicants are employed, and that employees are treated during their employment, without regard to race, religion, color, sex, age, handicapped status, or national origin.

8. The Contractor shall not participate in or cooperate with an international boycott, as defined in Section 999 (b) (3) and (4) of the Internal Revenue Code of 1954, as amended, or engage in conduct declared to be unlawful by Section 2 of Chapter 151E of the Massachusetts General Laws.

9. The term "Contract Documents" means and includes the following:

(A) Advertisement for Bids

(B) Instructions and Information for Bidders

(C) Form for General Bid

(D) Bidder’s Qualification Form

(E) Bid Bond

(F) Bidder’s Certification Regarding Payment of Prevailing Wages

(G) Certificate of Good Faith, Certificate of Tax Compliance, and OSHA Certification

(H) Notice of Award - Form for Agreement

(J) Payment Bond

(K) Performance Bond

(L) Notice to Proceed

(M) General Conditions

(N) Special Conditions – General Special Conditions – Massachusetts

(O) Change Order Form

(P) Certificate of Substantial Completion

(Q) Waiver of Liens

(R) Certificate of Final Payment and Completion of Work

(S) Drawings

(T) Specifications

(U) Addenda No. ___________

10. The Owner will pay to the Contractor in the manner and at such times as set forth in the Contract Conditions such amounts as required by the Contract Documents.

11. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns.

In witness whereof, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in three (3) copies, each of which shall be deemed an original on the date first above written.

Owner: TOWN OF HOLLISTON, MASSACHUSETTS

The Town of HOLLISTON by its The Contractor by:

Select Board By:

John Cronin, Chair Date Date

Tina Hein, Vice Chair Date Print Name & Title

Ben Sparrell, Clerk Date

Travis Ahern, Town Administrator Date

James Keast, Facility Manager Date

The undersigned, in compliance with the Commonwealth of Massachusetts General Laws Chapter 44, Section 31C, certifies that an appropriation in the amount required for this Contract is available.

Town Accountant Date

Certified as to Form:

Town Counsel Date

DOCUMENT 00600

PAYMENT BOND

Know all men by these presents that

(Name of Contractor)

(Address of Contractor) a ______________________________________________________, hereinafter called Principal, (Corporation, Partnership or Individual) and ___________________________________________________________________________ (Name of Surety)

(Address of Surety) hereinafter called Surety, are held and firmly bound unto the ______________________________ hereinafter called Owner, in the penal sum of:

Dollars ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents.

The condition of this obligation is such that whereas, the Principal entered into a certain Contract with the Owner, dated the __________ day of _________________ 20__, a copy of which is hereto attached and made a part hereof for the construction of:____________________________

Now, therefore, if the Principal shall promptly make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such Contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or otherwise, then this obligation shall be void, otherwise to remain in full force and effect.

Provided, further, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder or the Contract Documents accompanying the same shall in any wise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Contract Documents.

Provided, further, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

In witness whereof, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this the ______ day of ___________ 20 __ .

(SEAL)

Attest: _______ ________________________________ _ Principal

By _ ________________________________ By ____ ________________________________ _ Witness as to Principal Contractor

Name Name

Address Address

(SEAL)

Attest: ______ _______________________________ ___ Surety

By _ _______________________________ _ By ___ ________________________________ __ Witness as to Surety Attorney-in-Fact

Name Name

Address Address

Notes:

1. Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners must execute the Bond.

2. Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located.

DOCUMENT 00610

PERFORMANCE BOND

Know all men by these presents that

(Name of Contractor)

(Address of Contractor) a ______________________________________________________, hereinafter called Principal, (Corporation, Partnership or Individual) and ___________________________________________________________________________ (Name of Surety)

(Address of Surety) hereinafter called Surety, are held and firmly bound unto the ______________________________ hereinafter called Owner, in the penal sum of:

Dollars ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents.

The condition of this obligation is such that whereas, the Principal entered into a certain Contract with the Owner, dated the __________ day of _________________ 20__, a copy of which is hereto attached and made a part hereof for the construction of: ____________________________

Now, therefore, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said Contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the one year guaranty period, and if it shall satisfy all claims and demands incurred under such Contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect.

Provided, further, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder or the Contract Documents accompanying the same shall in any wise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Contract Documents.

Provided, further, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

In witness whereof, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this the ______ day of ___________ 20 __ .

(SEAL)

Attest: _______ ________________________________ _ Principal

By _ ________________________________ By ____ ________________________________ _ Witness as to Principal Contractor

Name Name

Address Address

(SEAL)

Attest: ______ _______________________________ ___ Surety

By _ _______________________________ _ By ___…