IFB 26-0207_Riverside Plaza Shade Project.pdf

October 2025 Riverside Plaza Shade Improvement Project 100% Construction Documents Medford, MA

CITY OF MEDFORD, MASSACHUSETTS

IFB #26-0207

RIVERSIDE PLAZA

IMPROVEMENTS PROJECT

Riverside Avenue Medford, Massachusetts

100% CONSTRUCTION DOCUMENTS

October 15, 2025

Bid released: October 15, 2025, at 10:00am

An Optional Pre-Bid ZOOM Meeting: October 22, 2025, at 11:00am

Questions Due: October 29, 2025, by 10:00am

Bids Due: November 5, 2025, at 10:00am

City of Medford Office of Planning, Development, & Sustainability Medford City Hall

85 George P. Hassett Drive Medford, MA 02155

Fiona Maxwell, Chief Procurement Officer

TABLE OF CONTENTS

Section Number

Bidding and Contract Requirements

Bid Solicitation 00020

Instructions to Bidders 00100

Form for General Bid 00300

Agreement 00500

Construction Performance Bond 00610

Construction Payment Bond 00620

General Conditions 00700

Supplemental Conditions 00800

Excerpts from Applicable State Law 00850

Attachment A – Wage Rates

DIVISION 1 – GENERAL REQUIREMENTS

SECTION # SECTION NAME # OF PAGES

01 00 00 General Requirements 9

01 11 00 Summary of Work 4

01 14 00 Work Restrictions 13

01 14 01 Electronic Release Form 2

01 23 00 Alternates 1

01 24 00 Schedule of Values 4

01 30 00 Administrative Requirements 6

01 31 00 Project Management and Coordination 4

01 32 16 Construction Progress Schedule 3

01 33 00 Submittals 4

01 40 00 Quality Requirements 6

01 41 00 Permits 2

01 45 00 Quality Control 3

01 55 00 Access 2

01 57 00 Temporary Controls 4

01 62 00 Substitutions 2

01 74 00 Cleaning Up 2

01 77 00 Project Closeout 3

DIVISION 31 – EARTHWORK

311000 Site Clearing and Preparation 6

312000 Earthwork 9

DIVISION 32 – EXTERIOR IMPROVEMENTS

321313 Exterior Concrete 8

323000 Site Improvements 5

328400 Irrigation 13

DRAWINGS

0000 TITLE SHEET

L100 SITE PREPARATION PLAN

L200 LAYOUT & MATERIALS PLAN

LI101 IRRIGATION PLAN

LI102 IRRIGATION PLAN BID ALT

L300 DECK PLAN & SECTIONS

L400 DETAILS

SECTION 00020

LEGAL NOTICE

IFB #26-0207

RIVERSIDE PLAZA IMPROVEMENTS PROJECT

The City of Medford, led by its Office of Planning, Development, and Sustainability, is accepting sealed bids for Riverside Plaza Improvements Project in Medford, Massachusetts.

This project is being Electronically Bid (E-Bid). All bids shall be submitted online to www.BidNetDirect.com prior to 10:00 am. Wednesday November 5, 2025. Hard copy bids will not be accepted by BidNetDirect.com. You can register to become a bidder (for free) online at www.BidNetDirect.com. For assistance, contact BidNetDirect.com at 800-835-4603.

Bid Documents will be Available online beginning at 10:00 am October 15, 2025, at https://www.bidnetdirect.com/massachusetts/cityofmedford. All plan holders must have an active online account on www.bidnetdirect.com to acquire documents, receive project notifications, and to submit bids, electronically. An Optional Pre-bid ZOOM Meeting will be held on October

22, 2025, at 11:00 am.

The Questions are due October 29, 2025, by 10:00 am.

Each Bid shall be submitted in accordance with the Instruction to Bidders and shall be accompanied by a Bid Security in the form of a bid bond, or certified check, and/or a treasurers or cashier’s check issued by a responsible bank or trust company in the amount of five (5) percent of the bid. It is the responsibility of prospective proposers to check www.BidNetDirect.com for new information via any addenda to this solicitation. Any addenda issued will be emailed to all plan holders registered with BidNetDirect.

Minimum Wage Rates as determined by the Commissioner of the Department of Labor and

Workforce Development under the provision of Massachusetts General Law (M.G.L.) c. 149, § 26 to 27D, as amended, apply to this project. It is the responsibility of the Bidder, before bid opening, to request, if necessary, any additional information on Minimum Wage Rates for those tradespeople who may be employed for the proposed work under this Contract.

The bidding and Award of this Contract will be under the provisions of M.G.L. c. 30, § 39M. The

City of Medford reserves the right to accept any bid, in whole or in part, to reject any/or all bids and to waive minor irregularities and/or informalities as it deems to be in the best interest of the

City.

The City is an Equal Opportunity Employer and encourages MBE/WBE/DBE participation in response to the bid process.

Fiona Maxwell

Chief Procurement Officer https://www.bidnetdirect.com/massachusetts/cityofmedford

Zoom Invite:

Planning, Development & Sustainability is inviting you to a scheduled Zoom meeting.

Topic: Riverside Plaza Project- Optional Pre-Bid Meeting

Time: October 22, 2025, 11:00 AM Eastern Time (US and Canada)

Join Zoom Meeting https://us06web.zoom.us/j/85181735677

Meeting ID: 851 8173 5677

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BID OPENING:

November 5, 2025, at 10:00am.

Join Zoom Meeting https://zoom.us/j/3870869385?pwd=aDh0VmlodmV5TEtGZjBCQWlwR041Zz09

Meeting ID: 387 086 9385

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00100-1

SECTION 00100

INSTRUCTIONS TO BIDDERS

1. Receipt and Opening of Bids

The City of Medford, Massachusetts, herein called the Owner, acting by and through its

Planning, Development and Sustainability Department is receiving sealed Bids for the project known as the Riverside Plaza Shade Improvement Project.

All bids shall be submitted online to www.BidNetDirect.com prior to November

5, 2025, prior to 10:00 am. Hard copy proposals will not be accepted by

BidNetDirect.com or by the Awarding Authority. You can register to become a proposer online at www.BidNetDirect.com. For assistance, contact

BidNetDirect.com at 800-835-4603. Bids received prior to the time established for the receipt will be kept securely unopened. At the time of the opening of the bid, all bids will be made public for the information of bidders and other properly interested parties who may be present in person or by a representative.

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 will not be considered. The bidder agrees that its bid shall be good and may not be withdrawn for a period of 30 days, Saturdays, Sundays, and legal holidays excluded, after the opening of bids.

2. Location and Work to be Done

The Work consists of the furnishing and installation of new shade structures; a composite wood deck; shade umbrellas; relocation of an existing tree; irrigation system adjustments and a water bottle filler; and add alternates consisting of a larger deck (Add Alt. #1) and deck framing to be composite Structural Framing Lumber (Add Alt. #2), in accordance with the specifications and conceptual plans attached hereto.

Additional drawings showing details in accordance with which the Work is to be done may be furnished by addendum from time to time during the bidding period by the

Owner or its Architect/Engineer and shall then become a part of the Contract Documents.

The Contractor shall furnish all labor, services, materials, equipment, plant, machinery, apparatus, appliances, tools, supplies, and all other things necessary to do all work required for the completion of each item of the Work and as herein specified.

The Work to be done and paid for under any item shall not be limited to the exact extent mentioned or described but shall include all incidental work necessary or customarily done for the completion of that item.

3. Preparation of Bid

00100-2

Bidders shall thoroughly familiarize themselves with all documents contained herein, as it is mandatory that all bids be in compliance with all of the provisions contained in said documents. The documents compromising the bid consist of (a)

Invitation for Bid, (b) Any instructions to bidders, (c) Standard Terms and

Conditions (if any), (c) Special Conditions (if any), (d) Specifications, and I Bid

Forms.

4. Bid Submission

All proposals shall be submitted online to www.BidNetDirect.com prior to

November 5, 2025, by 10:00 am. Hard copy proposals will not be accepted by

BidNetDirect.com or by the Awarding Authority. You can register to become a proposer online at www.BidNetDirect.com. For assistance, contact

BidNetDirect.com at 800-835-4603. Bids received prior to the time established for the receipt will be kept securely unopened. At the time of the opening of the bid, all bids will be made public for the information of bidders and other properly interested parties who may be present in person or by a representative.

5. Modification

All corrections or modifications to an original proposal are to be submitted at www.BidNetDirect.com, prior to the bid opening only. A Bidder may withdraw his/her bid by written e-mail request at any time prior to the scheduled time for opening bids.

6. Ability and Experience of Bidder

No award will be made to any bidder who cannot satisfy the Owner that he has sufficient ability and experience in this class of work and sufficient capital and plant to enable him to prosecute and complete the work successfully within the time named. The Owner's decision or judgment on these matters will be final, conclusive, and binding.

The Owner may make such investigations as it deems necessary, and the bidder shall furnish to the Owner, under oath if so required, all such information and data for this purpose as the Owner may request.

Construction Experience: Bidder must have experience installing at least five (5) projects similar in size and scope in the last eight (8) years. Provide list of relevant projects in the FORM OF GENERAL BID.

7. Conditions of Work

Each bidder must familiarize himself fully with the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful bidder of his obligation to furnish all material and labor necessary to carry out the provisions of his contract. Insofar as possible the Contractor, in carrying out his

00100-3 work, must employ such methods or means as will not cause any interruption of or interference with the work of any other Contractor.

8. Addenda and Interpretations

No interpretation of the meaning of the plans, specifications or other pre-bid documents will be made to any bidder orally. All information given to bidders other than by means of the plans, specifications, or by addenda, as described below, is given informally and shall not be used as the basis of a claim against the Owner.

Every request for such interpretation should be submitted at www.BidNetDirect.com, and to be given consideration must be received by October 29, 2025, by 10:00 am. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications which, when issued, will be mailed by certified mail with return receipt requested to all prospective bidders (at the respective address furnished by them for such purposes), or sent via facsimile or email if time requires.

Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the Contract Documents.

9. Security for Faithful Performance

Simultaneously with his delivery of the executed Contract, the Contractor shall furnish a surety bond or bonds as security for faithful performance of this contract and for the payment of all persons performing labor and materials under this contract. The surety on such bond or bonds shall be a surety company qualified to do business under the laws of the Commonwealth and satisfactory to the Owner. The bonds shall remain in force for one year after final acceptance of the work by the Owner, unless the Owner, in writing, releases the Contractor from the obligation sooner.

10. Power of Attorney

Attorneys-in-fact who sign Contract bonds must file with each bond a certified and effectively dated copy of their power of attorney.

11. Laws and Regulations

The bidder's attention is directed to the fact that all applicable State laws, municipal ordinances or bylaws, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout, and they will be deemed to be included in the Contract the same as though written out in full.

12. Liquidated Damages for Failure to Enter into Contract

The successful bidder, upon his failure or refusal to execute and deliver the Contract and bonds required within 10 days after presentation thereof by the Owner, shall forfeit to the

Owner, as liquidated damages for such failure or refusal, the security deposited with his/her bid, but the amount forfeited shall not exceed the difference between his/her bid price and the bid price of the next lowest responsible and eligible bidder. In case of

00100-4 death, disability, bona fide clerical or mechanical error of a substantial nature, or other similar unforeseen circumstances affecting the bidder, his/her bid deposit will be returned.

13. Obligation of Bidder

At the time of the opening of bids, each bidder will be presumed to have inspected the site and to have read and to be thoroughly familiar with the Contract Documents

(including all addenda). The failure or omission of any bidder to examine any form, instrument, or document shall in no way relieve any bidder from any obligation in respect of his bid.

14. Information Not Guaranteed

All information given in the Contract Documents relating to subsurface and other conditions, natural phenomena, existing pipes, and other structures is from the best sources at present available to the Owner. All such information is furnished only for the information and convenience of bidders and is not guaranteed.

It is agreed and understood that the Owner does not warrant or guarantee that the subsurface or other conditions, natural phenomena, existing pipes, or other structures encountered during construction will be the same as those indicated in the Contract

Documents. It is further agreed and understood that no bidder or Contractor shall use or be entitled to use any of the information made available to him or obtained in any examination made by him in any manner as a basis of or ground for any claim or demand against the Owner or the Architect/Engineer, arising from or by reason of any variance which may exist between the information made available and the actual subsurface or other structures actually encountered during the construction work, except as may otherwise be expressly provided for in the Contract Documents.

15. Bid Security

Each bid and sub-bid must be accompanied by bid security in the form of a certified check, a bid bond, cash, or a treasurer's or cashier's check, payable to the Owner, in the amount of five (5) percent of the value of the bid. Such security of general bidders will be returned to all except the three lowest responsible and eligible bidders within five days, Saturdays, Sundays, and legal holidays excluded, after the opening of bids, and the remaining securities will be returned promptly after the Owner and the accepted bidder have executed the Contract, or if no notice of intent to award has been presented to the selected contractor within 30 days, Saturdays, Sundays and holidays excluded, after the date of the opening of bids, upon demand of the bidder at any time thereafter.

16. Right to Reject Bid

The Owner reserves the right to waive any informalities in bids and to reject any and all bids, should the Owner deem it to be in the public interest to do so.

00100-5

The Owner may also reject bids which in its sole judgment are either incomplete, conditional, obscure or not responsive or which contain additions not called for, erasures not properly initialed, alterations, or similar irregularities.

17. Time for Completion

The successful general bidder must agree to commence work within thirty (30) days of the date of the Notice to Proceed and to fully complete the project within the time limit stated in Section 00300, FORM OF GENERAL BID.

18. Comparison of Bids

Bids will be compared on the basis of prices set forth in the bid forms.

In the event that there is a discrepancy between the lump sum or unit prices written in words and figures, the prices written in words will govern.

19. Award of Contract

The Contract will be awarded to "the lowest responsible and eligible bidder" pursuant to

General Laws Chapter 30, Section 39M, as amended. Such a bidder shall possess the skill, ability and integrity necessary for the faithful performance of the work, shall be able to furnish labor that can work in harmony with all other elements of labor employed, or to be employed, in the work, and shall otherwise comply with all applicable provisions of law. Contract award shall be subject to availability of an appropriation for funding.

20. Statutes Regulating Competitive Bidding

Any bid which does not comply with the provisions of Massachusetts General Laws

Chapter 30, Section 39M, as amended, need not be accepted and the Owner may reject every such bid.

21. Wage Rates

Prevailing Wage Rates as determined by the Commissioner of Department of Labor and

Workforce Development under the provision of the Massachusetts General Laws, Chapter 149, Section 26 to 27G, as amended, apply to this project. It is the responsibility of the bidder, before bid opening, to request any additional information on Prevailing

Wage Rates for those tradespeople who may be employed for the proposed work under this contract.

22. Contractor Records

The Contractor shall comply with the provisions of Massachusetts General Laws, Chapter

30, Section 39R concerning Contractor records.

23. INSURANCE

Insurance coverage is required in accordance with the following:

00100-6

The CONTRACTOR shall provide by insurance for the payment of compensation and the furnishing of other benefits under Chapter 152 of the General Laws of Massachusetts (The

Worker’s Compensation Act) to all employees of the CONTRACTOR who are subject to the provisions of Chapter 152 of the General Laws of Massachusetts with minimum limits of

$1,000,000. No proprietor, partner, executive officer, or member shall be excluded. Failure to provide and continue in force such insurance during the period of this contract shall be deemed a material breach of this contract, shall operate as an immediate termination thereof, and

CONTRACTOR shall indemnify the CITY for all losses, claims, and actions resulting from the failure to provide the insurance required by this Article. The CONTRACTOR shall furnish to the

CITY evidence of such insurance prior to the execution of this contract and before the same shall be binding on the parties thereto.

Prior to commencement of any work and until completion of its work under this CONTRACT shall maintain the following insurance coverage, at its cost, from insurance acceptable to the

CITY, giving evidence of such coverage to the CITY prior to execution of this CONTRACT, a copy of such insurance coverage to be attached herewith:

1. Comprehensive Automobile Liability Insurance covering the use of all owned, non-owned and hired automobiles in connection with its operations with a combined single limit of

$1,000,000. Comprehensive Automobile Liability insurance may be provided through primary and excess or umbrella insurance policies.

2. CONTRACTOR’S Equipment Coverage (or a certification of self-insurance satisfactory to the CITY) must be provided on and ‘All Risk’ basis, covering physical damage to all tools and equipment, including automotive equipment owned, rented, or used by the

CONTRACTOR.

3. Commercial General Liability Insurance coverage which may be provided through primary and excess or umbrella liability policies for limits of $2,000,000 general aggregate, $1,000,000 per occurrence, $100,000 damage to rented premises, $5,000 medical expenses, $1,000,000 personal & advertising injury, and $2,000,000 completed operations aggregate.

4. Umbrella Liability coverage with a minimum limit of $1,000,000 per occurrence and

$1,000,000 aggregate.

All required insurance must be endorsed to name the CITY as Additional Insured (except Workers

Compensation) and shall be primary and non-contributory. All required insurance shall be endorsed to waive the insurer’s rights of subrogation against the City. All policies and certificates for insurance must contain language that the insurance shall not be canceled, materially changed or non-renewed without at least thirty (30) days advance written notice to the CITY. The

CONTRACTOR under this CONTRACT shall not allow it subcontractors to begin work until similar insurance has been so obtained and certificates of insurance approved by the

CONTRACTOR.

24. OSHA Training

If required by law, the Bidder certifies that all employees to be employed at the worksite shall have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health Administration that is at least ten (10)

00100-7 hours in duration at the time the employee begins work and shall furnish documentation of successful completion of said course with the first certified payroll report for each employee.

25. General Safety. Licenses. & Performance

The contractor’s personnel working on this project must hold all necessary licenses and permits to perform the work required under this contract as required under the

Commonwealth of Massachusetts regulations.

All work will be done in accordance with applicable industry standards, codes, and regulations, and/or manufacturer’s specifications. The Contractor is responsible for providing adequate safety measures during work to ensure protection of life and property. Work performed under this Contract shall include all necessary construction processes necessary to roads and sidewalks in accordance with City of Medford specifications and in compliance with ADA & AAB Regulations. This bid shall include the Contractor providing all labor, material, and equipment necessary to furnish the items in this Invitation for Bids.

All bidders must furnish proof of a minimum of five (5) continuous years in business and at least three (3) references for completed projects of similar size and scope in the last 3 years.

The contractor shall be informed that there is a thirty (30) day cancellation clause in this contract for improper service. Complaints not rectified within a reasonable length of time from day of notice shall cause the City to notify the contractor by registered mail that his/her contract will be cancelled thirty (30) days from the date of the letter.

Any defective workmanship shown to be caused by improper or faulty installation shall cause the contractor to correct, repair and/or replace all material and labor at no cost to the City. The contractor will warrant that all workmanship shall be first class and shall be performed by persons qualified and licensed in their respective trades.

Any additional work that is performed beyond this agreement must be approved by the appropriate City authority. The absence of approval from the appropriate City authority will be considered a violation of the Contract.

26. Site Maintenance and Inspection

The selected contractor will be responsible for maintaining the work site in a safe and orderly fashion on a daily basis. The Contractor is responsible for the proper securing of all items associated with the project, including but not limited to debris, tools, materia l, scaffolding, ladders, etc. The Contractor is responsible for the removal and disposal of all debris and materials generated from this project.

27. Normal Hours of Work

Normal hours of work shall be between the hours of 7:00 am and 4:00 pm, Monday through

Friday, unless otherwise specified. All work hours for this Contract will be agreed upon

00100-8 prior to any work beginning under the Contract. No work shall be performed outside of work hours without the express written permission of an authorized City representative.

28. Private Property

The proposed construction may impact private property and therefore grading will be necessary to correct damage or correct unacceptable transitions between City-owned and private property. Before any work is performed on private property, the contractor must have in his/her possession a RIGHT OF ENTRY form signed by the property owner.

29. Material Disposal

The contractor, at no additional cost to the City, shall dispose of all material that has been removed from each location.

30. Private Utilities Coordination

Coordination with private utilities (including natural gas, electricity, telephone, cable, etc.) is the sole responsibility of the Contractor. Where necessary, the

Contractor shall be responsible for notifying Dig Safe prior to the start of work. Any assistance the City may offer in coordinating with private utilities shall not absolve the contractor’s responsibility to coordinate with private utilities as necessary to accomplish the Contract work. The contractor shall be responsible and liable for all damage to the existing utilities and structures.

31. Public Utilities Coordination

Coordination with public utilities (including water, sewer, and drain) shall be the sole responsibility of the City. The Contractor shall be responsible and liable for all damages to the existing utilities and structures.

32. Traffic Control

The Contractor shall be responsible for payment, organization, and/or cancellation of all police details required. The Contractor shall pay any costs incurred due to his/her failure to cancel police details. The contractor shall provide and maintain all traffic control devices necessary to secure their work area in accordance with the Manual on

Uniform Traffic Control Devices. The City may order additional safety measures if insufficient safety devices are being employed. In such instances, the contractor shall erect in place said safety devices immediately. The cost of all traffic controls and police details is included in the unit price of the item stated in the bid sheets.

33. Response Time

After award of said Contract and after a “Notice to Proceed” has been issued, the

Contractor is obligated to provide service within thirty (30) calendar days of said

00100-9 request. The “Notice to Proceed” may be sent either by FAX, letter, or email. Failure to meet these obligations may subject the contractor to penalties of $500.00 per business day for non-compliance. Failure to meet these obligations may subject the contractor to loss of Contract and the contractor may be assessed the difference in unit cost between their bid price and the next lowest responsive bidder.

34. Supervision

The contractor shall designate a “Project Supervisor”, in writing, upon receipt of a written “Notice to Proceed”. Any change in supervision shall require the prior approval in writing of the City Engineer or his/her designee. Failure of the Contractor to comply with this requirement may result in the City, after one written warning and at its sole option, charging a penalty of $200 per day until an approved Job Superintendent is onsite. The Project Supervisor shall have the authority and decision-making capabilities for the Contractor.

The project Supervisor shall be present at each project during the prosecution of work.

Once work has begun the Contractor shall pursue and coordinate all work in a continuous and diligent manner until all work is completed unless otherwise directed by the City Engineer or his/her designated agent.

35. Equitable Adjustments

As required by M.G.L., c. 30, §39N, the parties hereby agree that if, during the progress of the work, the Contractor or the City discovers that the actual subsurface or latent physical conditions encountered at the site differ substantially or materially from those shown on the plans or indicated in the Contract Documents, then either the Contractor or the City may request an equitable adjustment in the Contract price applying to work affected by the differing site conditions. A request for such an adjustment shall be in writing and shall be delivered by the party making such a claim to the other party as soon as possible after such conditions are discovered. Upon receipt of such a claim from the Contractor, or upon its own initiative, the City shall make an investigation of such physical conditions, and, if they differ substantially or materially from those shown on the plans or indicated in the Contract

Documents or from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the plans and Contract Documents and are of such a nature as to cause an increase or decrease in the cost of performance of the work or in a change in the construction methods required for the performance of the work which results in an increase or decrease in the cost of the work, the City shall make an equitable adjustment in the

Contract price and the Contract shall be modified in writing accordingly.

36. Assignment

The selected bidder will not be permitted to either assign or underlet the Contract, nor assign either legally or equitably any monies there under, or its claim thereto without the previous written consent of the City of Medford.

00100-10

37. Taxes

Purchases by the City are exempt from any Federal, State or Municipal Sales and/or

Excise Tax.

38. CORI

All employees of the successful bidder who will be performing work for the City must have taken and passed a CORI (Criminal Offender Record Information) check consistent with current legal requirements under M.G.L., c. 71, as amended (see especially Chapter 385 of the Acts and Resolves of 2002).

39. Contractor’s Records

The successful bidder will be required to retain his records for at least six (6) years after final payment. These records may be subject to inspection by authorized representatives of the state or City of Medford during the entire six (6) year period.

40. Payroll Record

Massachusetts Minimum Wage Rates will be applicable for this contract and the best and highest wage rate will prevail. In accordance with the Fair Labor Standards Act (FLSA) and M.G.L. c.149, §27B, a true and accurate record must be kept of all persons employed on the public works project for which the enclosed rates have been provided.

A Federal Payroll Form must be used and has been printed and includes all the information required to be kept by law. Every contractor or subcontractor is required to keep these records and preserve them for a period of three (3) years from the date of completion of the contract.

Every contractor and subcontractor are required to submit a copy of their weekly payroll records to the awarding authority via email. This is required to be done on a weekly basis.

Contractors shall submit them to Kellie Cavanaugh at kcavanaugh@medford-ma.gov.

41. Contract Obligation

Any financial obligation of the City is subject to an appropriation to cover the contract obligation and an authorization by the Mayor to continue said contract obligations.

42. Minority Procurement Goals

Under Massachusetts Executive Order 237, it is the policy of the Commonwealth to promote to the fullest participation of all citizens in resources provided by municipal government. Therefore, the City of Medford invites the participation of Minority and

Women Owned Businesses in any and all parts of this Contract. Goals can be found in the attached “Affirmative Action/Equal Opportunity Contract Provisions” . Bidders must read and make themselves familiar with the Affirmative Action/Equal Opportunity Provisions of this contract and complete the appropriate forms provided in the “Affirmative

Action/Equal Opportunity Contract Provisions” herein attached. Bidders may contact

Frances N. Nwajei, Diversity Director, Office of Human Diversity at (781) 393-2439 with any questions regarding these documents.

mailto:kcavanaugh@medford-ma.gov

00100-11

43. Non-Discrimination in Employment

A contract for work under this Bid shall obligate the Contractor or subcontractors not to discriminate in employment practices. Bidders must, if requested, submit compliance reports concerning their employment practices and policies in or to maintain their ability to receive an award of Contract. Bidders must, if requested, submit a list of all subcontractors who will perform work on this contract together with a “Certification of Bidder Regarding Equal

Employment Opportunity” sign by the Contractor and/or his/her subcontractors as requested.

Bidders must review and comply with the requirements in the attached “Affirmative

Action/Equal Opportunity Contract Provisions” attached hereto.

44. Work Status

All contractors and employees of the contractors may be asked to provide evidence of their status to work in the United States of America.

45. Minimum Wage Rates

The listing of classifications and minimum wage rates as determined by the Commissioner of Labor and Industries under the provisions of M.G.L. c.149, §§ 26-27H inclusive, as amended, is attached herewith and will be made a part of the contract. The contractor and all subcontractors shall comply with the requirements of M.G.L., c.149, §§ 26- 27H inclusive, as amended. It is the obligation of the Contractor to assure that the Contractor and all of its subcontractors comply with the requirements of these requirements. The contractor shall be responsible for all loss, cost, and damage suffered or incurred by the City as a result of any stop work order or other enforcement action taken by the Attorney General under the authority of M.G.L., c. 149, §27, and shall release, indemnify, hold harmless and defend the City, its officers, employees and consultants, from and against all claims, actions, suits, fines, or administrative proceedings arising out of or related to the violation by the

Contractor or any subcontractor of the said Prevailing Wage Law (or, in the case of the contractor’s defense obligation, the claimed violation thereof).

In accordance with State mandates, the City requires certified payrolls BEFORE payments are made for work performed.

46. Payment

Payment shall be made on the amount of work performed based upon the unit prices placed on the bid forms. Payment shall be made upon submission of an invoice and acceptance of the work by the City Engineer or designated agent. The payment of these amounts shall be considered full and complete payment for all labor, material, and equipment necessary, including traffic control, to perform the specified work.

47. PROJECT MANAGER

00100-12

The Owner may utilize the services of a project manager, whose duties shall be as set forth in an Agreement for Project Manager Services.

ALL BID DOCUMENTS WILL BE INCORPORATED INTO THE CONTRACT DOCUMENT

00300-1

SECTION 00300

FORM OF GENERAL BID

Bid of __________________________________ (hereinafter called "Bidder")*

(____) a corporation, organized and existing under the laws of the state of

(____) a partnership

(____) a joint venture

(____) an individual doing business as _____________________________________

To the City/Town of _______________, Massachusetts (hereinafter called "Owner").

Gentlemen:

A) The undersigned Bidder, in compliance with your invitation for bids for the project known as Riverside Plaza Shade Improvement Project, having examined the plans and specifications and related documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies, and to construct the project in accordance with the contract documents and the plans and specifications within the time set forth below, and at the prices stated below. These prices are to cover all expenses incurred in performing the work required under the contract documents, of which this bid is a part.

The Bidder hereby agrees to commence work on or before the date to be specified in written "Notice to Proceed" of the Owner, and to fully complete the project no later than May 29, 2026. The Bidder further agrees to pay as liquidated damages the sum of Five Hundred ($500)

Dollars for each consecutive calendar day thereafter that the work is not complete as provided in the contract.

*Specify corporation, partnership or individual as applicable.

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B) Bidder acknowledges receipt of and this bid includes the following addenda:

No. Dated:

C) The Bidder agrees to perform the bid work described in the specifications and shown on the plans for the following contract price: $__________________.

ALTERNATES:

ADD ALTERNATE NO. 1:

Larger deck shown on drawings: $_______________.

(written amount)

A. Larger deck as shown on drawings.

ADD ALTERNATE NO. 2:

Deck Framing: $ ___________.

(written amount)

A. Add Alt deck framing to be composite Structural Framing Lumber as specified under Section 32 30 00 Site Improvements.

UNIT PRICES:

None (Not used)

The above alternate prices shall include all labor, materials, bailing, shoring, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for.

The Bidder understands that all bids for this project are subject to the applicable bidding laws of the Commonwealth of Massachusetts, including General Laws Chapter 149 and

Chapter 30, Section 39M, as amended.

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

The Bidder agrees that this bid shall be good and may not be withdrawn for a period of

30 days, Saturdays, Sundays and legal holidays excluded, after the opening of bids.

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Within 10 days of receipt of the written notice of acceptance of this bid, the Bidder will execute the formal Agreement set forth in Section 00500 CONTRACT.

Bid security is attached in the sum of five percent (5%) of the total bid in accordance with the conditions of Section 00100 INSTRUCTIONS TO BIDDERS. The bid security may become the property of the Owner in the event the contract and bond are not executed within the time set forth above.

The selected Contractor shall furnish a performance bond and a payment bond in an amount at least equal to one hundred percent (100%) of the contract price in accordance with

Section 00610 PERFORMANCE BOND, Section 00620 PAYMENT BOND, and as stipulated in the contract.

The undersigned offers the following information as evidence of his qualifications to perform the work as bid upon according to all the requirements of the plans and specifications.

1. Have been in business under present name for ____ years.

2. The names and addresses of all persons interested in the bid (if made by a partnership or corporation) as principals, are as follows:

(attach supplementary list if necessary)

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3. The bidder is requested to state below what work of a similar character to that included in the proposed contract he has done, and give references that will enable the Owner to judge his experience, skill and business standing (add supplementary page if necessary). Provide 5 projects each demonstrating the bidder’s experience in comparable projects as required in Section 00100-2.

Completion Project Contract Design Reference Telephone

Date Name Amount Engineer Name No.

a.__________________________________________________________________________________________ b.__________________________________________________________________________________________ c.__________________________________________________________________________________________ d.__________________________________________________________________________________________ e.__________________________________________________________________________________________ f.__________________________________________________________________________________________

00300-5

Bank reference _____________________________________

(Name)

(Bank)

(Address)

(Telephone No.)

Pursuant to G.L. c.62C, §49A, I certify hereby in writing, under penalties of perjury, that the within named Bidder/Contractor has complied with all laws of the commonwealth relating to taxes, reporting of employees and contractors, and withholding and remitting of child support.

The undersigned Bidder hereby certifies under penalties of perjury, as follows: (1) that he/she is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed in the work; (2) 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 (3) that all employees to be employed in the work subject to this bid 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.

The undersigned certifies under 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 in this paragraph the word “person” shall mean any natural person, joint venture, partnership, corporation or other business or legal entity.

The undersigned bidder hereby certifies, under 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 that the applicable prevailing wage rates established for the project by the

Massachusetts Department of Labor and Workforce Development. 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.

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Respectfully submitted:

Date: ______________ By: _____________________________

(Signature)

(Type Name of Bidder)

(Title)

(Business Address)

(City and State)

(Telephone Number

00500-1

SECTION 00500

SAMPLE

AGREEMENT

THIS AGREEMENT, made this _________ day of ________________, 20___, by and between the party of the first part, the City of Medford, hereinafter called

"OWNER," acting herein through its __________________, and the party of the second part, _______________________________________________ doing business as *(an individual) (a partnership) (a joint venture) (a corporation) located in the *(City) (Town) of

_______________, County of

_______________________, and State of __________________________, hereinafter called

"CONTRACTOR."

WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER, the CONTRACTOR hereby agrees with the OWNER to commence and complete the project described as follows:

hereinafter called the project, for the sum of __________________

_________________________________________________________________ Dollars

($_________________) and all extra work in connection therewith, under the terms as stated in the Contract Documents; and at his (its or their) own proper cost and expense to furnish all the materials, supplies, machinery equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said project in accordance with the conditions and prices stated in Section 00300 FORM OF GENERAL BID, Section 00700 GENERAL

CONDITIONS, Section 00750 SUPPLEMENTARY GENERAL CONDITIONS and Section

00800 SUPPLEMENTAL GENERAL CONDITIONS, the plans, which include all maps, plates, blue prints, and the specifications and Contract Documents as prepared by the Owner.

*Strike out inapplicable term.

00500-2

The CONTRACTOR hereby agrees to commence work under this Contract on or before a date to be specified in written "Notice to Proceed" of the OWNER.

The CONTRACTOR further agrees to fully complete the project within ____ consecutive calendar days of the date of the notice to proceed.

The CONTRACTOR further agrees to pay as liquidated damages the sum of $ . for each consecutive calendar day thereafter as provided in the Liquidated Damages Paragraph of Section

00700 GENERAL CONDITIONS.

The goal for minority business enterprise (MBE) participation for this contract is a minimum of ________ percent MBE participation, on the basis of the total dollars paid. The

CONTRACTOR agrees to take all affirmative steps necessary to achieve this goal, and shall provide reports documenting the portion of contract and subcontract dollars paid to minority and women-owned businesses, and its efforts to achieve the goals, with each invoice submitted or at such greater intervals as specified by the Owner. The CONTRACTOR shall require similar reports from its subcontractors.

The CONTRACTOR agrees not to 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 insure 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.

The CONTRACTOR agrees not to 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.

The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions, as provided in Section 00700 GENERAL

CONDITIONS as amended by the supplementary general conditions, and to make payments on account thereof as provided in Section 00700 GENERAL CONDITIONS.

IN WITNESS WHEREOF, the parties to these presents have executed this contract in counterparts, each of which shall be deemed an original, in the year and day first above mentioned.

00500-3

AGREED:

CITY OF MEDFORD NAME OF CONTRACTOR

Breanna Lungo-Koehn, Mayor

Name, Title:

Date: __________________ Date: __________________

Fiona Maxwell, Chief Procurement Officer

Date: __________________

APPROVED AS TO FORM: APPROVED AS CONTRACT MANAGER:

Mark R. Reich, esq.

KP-Law

NAME,

DEPT. NAME

Date: ________________

I CERTIFY THAT FUNDS HAVE BEEN

ENCUMBERED IN THE AMOUNT OF

$ _____________ FOR THIS CONTRACT.

APPROPRIATION NUMBER:

PO No. __________________

Robert Dickinson, Finance Director

00500-4

CERTIFICATE OF VOTE

(to be filed if Contractor is a Corporation)

I, _______________________________, hereby certify that I am the duly qualified

(Secretary of the Corporation) and acting Secretary of ______________________ and I further certify that a meeting of the

(Name of Corporation)

Directors of said Company, duly called and held on _______________________, at which

(Date of Meeting) all Directors were present and voting, the following vote was unanimously passed:

VOTED: To authorize and empower

Anyone acting singly, to execute Forms of General Bid, Contracts or Bonds on behalf of the Corporation.

I further certify that the above vote is still in effect and has not been changed or modified in any respect.

By:________________________________

(Secretary of Corporation)

A True Copy:

Attest:_________________________________

(Notary Public)

My Commission Expires:__________________

(Date)

00500-5

CERTIFICATIONS REQUIRED BY LAW

FOR PUBLIC CONSTRUCTION CONTRACTS

You must COMPLETE and SIGN the following certifications. You must also print, at the bottom of this page, the name of the contractor for whom these certifications are submitted.

TAX COMPLIANCE

Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A(b), I, the undersigned, authorized signatory for the below named contractor, do hereby certify under the pains and penalties of perjury that said contractor has complied with all laws of the Commonwealth of Massachusetts relating to taxes, reporting of employees and contractors, and withholding and remitting child support.

NON-COLLUSION

The undersigned 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 in this subsection the word "person'' shall mean any natural person, joint venture, partnership, corporation or other business or legal entity.

PUBLIC CONTRACTOR DEBARMENT

The undersigned certifies under penalty of perjury that the below named contractor is not presently debarred from doing public construction work in the commonwealth 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.

OSHA TRAINING

Pursuant to G.L. c. 30, §39S, the Contractor hereby certifies under penalties of perjury as follows:

(1) Contractor is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed in the work;

(2) 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 they shall furnish documentation of successful completion…