EOHLC v1.0-20230630 MGL c.149 $50K to $150K

EOHLC No:

211121

PROJECT MANUAL

MGL c.149 $50K to $150K

Modernization of State Aided Public Housing

Window Replacement and Site Drainage

STATE AIDED DEVELOPMENT:

27 Kerry Court (705-6E) 27 Kerry Court, West Newton, MA 02465

HOUSING AUTHORITY

Newton Housing Authority 82 Lincoln Street Newton Highlands, MA 02461

PRIME DESIGNER

Richard Alvord Architects 9 Birch Street Suite 4 Roslindale, MA 02131 Phone: 617-325-3216

BOARD MEMBERS

Vincent O'Donnell, Chairman Donald Siegel, Vice Chair Judith Weber, Treasurer Patrick Dober, Commissioner Mary Corrigan, Commissioner Amy Zarechian, Acting Executive Director

DATE: 21 October 2026

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v1.0-20221001 MGL c.149 $50K to $150K

Section 00 01 05

LIST OF CONSULTANTS

Window Replacement and Site Drainage Project No. 211121

AWARDING AUTHORITY

Newton Housing Authority 82 Lincoln Street Newton Highlands, MA 02461

PRIME DESIGNER

Richard Alvord Architects 9 Birch Street Suite 4 Roslindale, MA 02131 Phone: 617-325-3216

END OF SECTION

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PROJECT:

Newton Housing Authority Window Replacement and Site Drainage Project No. 211121

Table of Contents

Specification:

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

00 01 00 Project Manual 00 01 05 List of Consultants 00 01 08 Table of Contents 00 11 13 Advertisement to Bid 00 21 13 Instructions to Bidders 00 41 00 Form for General Bid 00 41 01 Bid Deposit 5% - General Contractor 00 41 05 Bidder's Similar Projects Reference Form 00 52 00 Awarding Authority Contractor Agreement 00 52 06 Form of Corporate Vote 00 61 01 Payment Bond Contractor 00 61 02 Performance Bond Contractor 00 72 00 General Conditions Contract Construction 00 73 36 Equal Employment Opportunity Requirements 00 73 36.01 Form of Contractor's Equal Employment Certification 00 73 36.03 EEO Contractor's Weekly Manpower Report 00 73 43 Wage Rate Requirements

Payroll Report Form Wage Rates

DIVISION 01 - GENERAL REQUIREMENTS

01 11 00 Summary of Work 01 22 00 Unit Prices 01 23 00 Alternates 01 26 00 Contract Modification Procedures 01 26 00.01 Change Order 01 26 00.02 Construction Change Directive 01 29 00 Payment Procedures 01 29 00.01 Application for Payment 01 29 00.02 Continuation Sheet 01 33 00 Submittal Procedures 01 33 01 Substitution Request Form 01 50 00 Temporary Facilities 01 50 10 Temporary Protection and Controls 01 50 20 Cleaning 01 73 29 Cutting and Patching 01 74 19 Construction and Demolition Waste Management 01 74 19.01 Pre-construction Waste Management Report Form for Mandatory Recycling 01 77 00 Project Closeout Procedures 01 77 00.01 Sample Certificate of Substantial Completion Form 01 77 00.02 Sample Certificate of Partial Release of Retainage Form 01 77 00.03 Sample Certificate of Final Completion Form

DIVISION 02 - EXISTING CONDITIONS

02 41 00 Selective Demolition

DIVISION 06 - WOOD, PLASTICS, AND COMPOSITES

06 20 00 Carpentry 06 60 00 Plastic Fabrications

DIVISION 07 - THERMAL AND MOISTURE PROTECTION

07 21 00 Thermal Insulation 07 25 00 Weather Barriers

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07 46 33 Vinyl Siding 07 46 43 Composite Siding 07 62 00 Flashing 07 71 23 Gutters and Downspouts 07 90 05 Joint Sealers

DIVISION 08 - OPENINGS

08 11 60 Storm Doors 08 16 13 Fiberglass Entry Doors 08 53 13 Vinyl Windows

DIVISION 09 - FINISHES

09 90 00 Painting and Coating

Drawings:

ARCHITECTURAL

COVER

D1 Demolition Elevations A1 New Work Elevations A2 Window Schedule Door Schedule Details

END OF TABLE OF CONTENTS

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EOHLC v1.1-20260202 MGL c.149 $50K to $150K

Section 00 11 13

ADVERTISEMENT TO BID

MGL c.149 $50K to $150K

The NEWTON HOUSING AUTHORITY, the Awarding Authority, invites sealed bids from Contractors for the Window Replacement and Site Drainage at State Aided Development: 27 Kerry Court (705-6E) in West Newton, Massachusetts, in accordance with the documents prepared by RICHARD ALVORD ARCHITECTS.

The Project consists of but not limited to:

Envelope Modernization: Removal of existing siding, windows and doors; replacement with new siding, windows and doors; soffit repairs, new gutters and downspouts; finish painting.

The work is estimated to cost $142,824.00.

All bidding Requests for Information (RFIs) shall be submitted online by 11/12/2026 at 5:00PM EST for general bids.

Bids are subject to M.G.L. c.149 §44A-J & to minimum wage rates as required by M.G.L. c.149 §§26 to 27H inclusive.

THIS PROJECT IS BEING ELECTRONICALLY BID AND HARD COPY BIDS WILL

NOT BE ACCEPTED. Please review the instructions in the bid documents on how to register as an electronic bidder. All Bids shall be submitted online at biddocs.com and received no later than the date and time specified.

General Bids will be received until 19 November 2026 at 2:00PM EST and publicly opened online, forthwith.

General bids and sub-bids shall be accompanied by a bid deposit that is not less than five (5%) of the greatest possible bid amount (including all alternates) and made payable to the NEWTON HOUSING AUTHORITY. Note: A bid deposit is not required for Projects advertised under $50,000.

Bid Forms and Contract Documents will be available for review at biddocs.com (may be viewed and downloaded electronically at no cost).

The Contractor and all subcontractors (collectively referred to as “the Contractor”) agree to strive to achieve minority and women workforce participation. The Workforce Participation benchmark is set at 6.9% for women and 15.3% for minorities. The Workforce benchmark percentages are a statutory requirement under MGL c. 149 § 44A(2)(G).

PRE-BID CONFERENCE / SITE VISIT: Scheduled

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EOHLC v1.1-20260202 MGL c.149 $50K to $150K

Date and Time: 10/28/2026 at 1:00PM EDT Address: 27 Kerry Court, West Newton, MA 02465 Instructions: None

The hard copy Contract Documents may be seen at:

Nashoba Blue Inc.

433 Main Street Hudson, MA 01749 978-568-1167

END OF SECTION

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EOHLC v2.2-20260202 MGL c.149 $50K to $150K

Section 00 21 13

INSTRUCTIONS TO BIDDERS

MGL c.149 $50K to $150K

THIS PROJECT IS BEING ELECTRONICALLY BID AND HARD COPY BIDS WILL

NOT BE ACCEPTED. Please review the instructions in the bid documents on how to register as an electronic bidder. The bids are to be prepared and submitted at biddocs.com .

ARTICLE 1 - BIDDER'S REPRESENTATION

1.1 Each General Bidder or Sub-bidder (hereinafter called the "Bidder") by making a bid or sub-bid (hereinafter called "bid") represents that:

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

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

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

ARTICLE 2 – CONTRACTOR’S CERTIFICATIONS

2.1 Massachusetts law requires all employees who work on Massachusetts public works construction sites shall have no less than 10 hours of OSHA-approved safety and health training. See Chapter 306 of the Acts of 2004.

.1 This law directs the Massachusetts Attorney General to restrain the award of construction contracts to any contractor who is in violation of this requirement and to restrain the performance of these contracts by non-complying contractors.

.2 The Contractor and all subcontractors on this project will be required to provide certification of compliance with this requirement in accordance with the provisions of Section 00 73 43 – Wage Rates Requirements of these Contract Documents. Non-compliance with this new Massachusetts Law will disqualify you from bidding on public contracts.

ARTICLE 3 - REQUESTS FOR INTERPRETATION

3.1 Bidders shall promptly notify the contact specified in the Advertisement via written request for information (RFI) of any ambiguity, inconsistency, or error which they may discover upon examination of the Contract Documents, the site, and local conditions.

3.2 Bidders requiring clarification or interpretation of the Contract Documents shall make a written request for information (RFI) as specified in the Advertisement. The

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Awarding Authority may answer such requests if received before the bid date and/or within the time specified in the Advertisement. The Awarding Authority has no obligation to respond to the written requests.

3.3 Interpretation, correction, or change in the Contract Documents will be made by written Addendum which will become part of the Contract Documents. Neither the Awarding Authority nor the Prime Designer will be held accountable for any oral interpretations, corrections, or changes.

3.4 Copies of addenda will be made available for inspection at the locations listed in the Advertisement where Contract Documents are on file or at biddocs.com. Hard copies of the addenda will not be forwarded to the plan holders. The bidder is solely responsible for reviewing all addenda posted on the project website.

ARTICLE 4 - PREPARATION AND SUBMISSION OF BIDS

4.1 Forms and Bid Preparation

Bids shall be submitted electronically on the "Form for General Bid" at www.biddocs.com, as appropriate and available at no cost.

The forms enclosed in the Project Manual shall not be extracted or used.

.1 All bidders must create at User Profile account at www.biddocs.com, at no cost, to complete and submit a bid. The Awarding Authority, the Prime Designer or BidDocs ONLINE Inc. will not be held accountable if the bidder fails to create a User Profile in a timely manner.

.2 All entries on the bid form shall be made online. Any documents that are attached to the bid must be in a pdf format.

.3 Sums shall be expressed in both words and figures in the space indicated on the bid form. The electronic bid forms automatically match the “word” amount to the numeric “figure” amount entered.

4.2 Bid Deposits shall be:

.1 at least five percent (5%) of the greatest possible bid amount, considering all alternates (except for projects bid under MGL c. 149 or MGL c. 3039M under $50,000);

.2 made payable to the Awarding Authority.

.3 conditioned upon faithful performance by the principal of the agreements contained in the bid, and

.4 in the form of:

a. cash,

b. certified check, treasurer’s or cashier’s check issued by a responsible bank or trust company, or

c. bid bond issued by a surety company licensed to do business in the

Commonwealth of Massachusetts.

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http://www.biddocs.com, Note: Both the “bid bond” and “check” bid deposits are to be scanned and uploaded to the system as a pdf file. IMPORTANT NOTICE: If the bidder elects to make a bid deposit in the form of “cash” or “check”, the Bidder must have the cash or check physically delivered to the Awarding Authority prior to the date and time of the bid opening.

.5 retained until the execution and delivery of the Awarding Authority / Contractor Agreement if they represent the bid deposit of one of the three (3) lowest responsible and eligible General Bidders or one of the three (3) lowest Sub-bidders in a filed sub-bid trade, or a sub-bidder listed by one of the three (3) lowest General Bidders.

4.3 Electronic Submission of General Bids

General Bids, including the bid deposit (if applicable), and required miscellaneous forms noted in the bid documents shall be submitted electronically online at biddocs.com . No hard copy bids will be accepted.

The Bidder will receive an email and/or system notification confirming submission of the bid. Click on the email link to review and print the submitted bid documents.

Keep the email as a receipt that the bid was submitted. Note: The Bidder may modify the bid at any time prior to the bid date and time advertised. The Bidder will receive a new email each time the Bidder re-submits the bid.

.1 Date and time for receipt of bids is set forth in the Advertisement.

.2 Timely submission of a bid online shall be the full responsibility of the Bidder.

Note: The project countdown clock on the website is the official clock that will determine when the bids are due.

4.4 Addenda

All modifications to the bid documents will be issued via an addendum. All registered plan holders will be electronically notified when addenda are issued.

Hard copies of the addenda will not be forwarded to the plan holders. The Bidder is solely responsible for reviewing all addenda posted on the project website. The Bidder must acknowledge all addenda have been reviewed by selecting “yes” or “no” as part of the ebidding process. If the Bidder selects “no”, the Bidder will automatically be directed to the Addenda icon on the project page.

ARTICLE 5 - ALTERNATES

5.1 Each General Bidder shall acknowledge Alternates in Section C on the Form for General Bid by entering the dollar amount of addition or subtraction necessitated by each Alternate.

5.2 In the event an Alternate does not involve a change in the amount of the base bid, the Bidder shall so indicate by entering "0" (numeric figure) in the “Add” space

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5.3 General Bidders shall enter on the Form for General Bid a single amount for each Alternate.

5.4 The low Bidder will be determined based on the sum of the base bid and the accepted alternates.

5.5 Alternates will be considered in numerical sequence as required by Chapter 149, Section 44G of the Massachusetts General Laws.

ARTICLE 6 - WITHDRAWAL OF BIDS

6.1 Before Opening of Bids

Any bid may be withdrawn (retracted) prior to the time designated for receipt of bids upon clicking the tab to “Retract Bid”. The Bidder and the Awarding Authority will receive an email confirming that the bidder retracted the bid. Withdrawn bids may be modified and resubmitted up to the time designated for the receipt of bids.

6.2 After Opening of Bids

Bidders may withdraw a bid, without penalty, any time up to the time of Award as defined in paragraph 6.1, and upon demonstrating, to the satisfaction of the Awarding Authority, that a bona fide clerical error was made during the preparation of the bid. Failure to conclusively demonstrate a bona fide clerical error may result in forfeiture of the bid deposit.

6.3 In the event of a general bid withdrawal after opening of bids, the Awarding Authority shall consider the bid from the next lowest eligible and responsible bidder.

ARTICLE 7 - CONTRACT AWARD

7.1 Award means both the determination and selection of the lowest, responsible, and eligible bidder, by the Awarding Authority.

7.2 The Awarding Authority will award the contract to the lowest responsible and eligible bidder within thirty (30) days, Saturdays, Sundays, and legal holidays excluded after the opening of bids in accordance with M.G.L. c.149 §44A.

7.3 The Contract will be awarded to the lowest responsible and eligible Bidder, except in the event of substitution as provided under M.G.L. c.149 §§44E and 44F, in which case the procedure as required by said sections shall govern the award of the Contract.

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7.4 The award of this Contract is subject to the approval of the Undersecretary of the Commonwealth of Massachusetts, Executive Office of Housing and Livable Communities (EOHLC) or its Designee. Contracts without EOHLC approval shall not be considered valid.

7.5 The Awarding Authority reserves the right to waive any informalities in or to reject any or all Bids if it is in the public interest to do so.

7.6 As used herein, the term "lowest responsible and eligible bidder" shall mean the General Bidder whose bid is the lowest of those Bidders demonstrably possessing the skill, ability, and integrity necessary for the faithful performance of the work, and who meets the requirements for Bidders set forth in M.G.L. c.149 §44A-J and is not debarred from bidding under M.G.L. c.149 §44C; and who shall certify that they are able to furnish labor that can work in harmony with all other elements of labor employed or to be employed on the work.

ARTICLE 8 - FORMS REQUIRED FOR CONTRACT APPROVAL

8.1 Upon Award, the General Bidder shall complete the following forms to ensure prompt contract validation. These forms will be provided to the selected General Bidder by the Awarding Authority.

8.2 Awarding Authority / Contractor Agreement and Form of Corporate Vote.

8.3 Form of Contractor's Equal Employment Certification in accordance with Specification Section 00 73 36. (Form 00 73 36.01).

8.4 Form of Performance Bond and Form of Payment Bond must be submitted by the General Contractor on the Awarding Authority’s form, in accordance with the General Conditions. The dates on the bonds must coincide with the contract date, and a current Power-of-Attorney must be attached to each bond. The minimal performance and payment bonds are as follows.

BOND MGL c. 149 MGL c. 3039M $25K to $50K $50K to $150K $25K to $50K Over $50K

Performance 100% 100% 100% 100% Payment 100% 100% 100% 100%

8.5 Insurance Certificates for the General Contractor are required and must be submitted in accordance with the General Conditions. General Contractors must indicate special perils insurance or installation floater if stored materials are covered.

8.6 Company Certification of Compliance with EPA Regulation 40 CFR 745 must be submitted before Contract validation.

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8.7 Statement of Management on Internal Accounting Controls and a Statement prepared by a CPA expressing an opinion to the state of Management Controls, as required by M.G.L. c.30 §39R. This applies to the General Contractor only for contracts of $100,000 or more.

ARTICLE 9 - CONTRACT VALIDATION

9.1 The Awarding Authority -Contractor Agreement shall not be valid until signed by the Undersecretary of the Executive Office of Housing and Livable Communities (EOHLC) or its Designee.

9.2 The Notice to Proceed for construction shall not be issued until the Awarding Authority/Contractor Agreement has been validated by the Undersecretary of the EOHLC or its Designee. Contracts $50,000 or less do not require the Undersecretary’s signature.

9.3 Incomplete or unacceptable submissions of forms required by paragraphs 8.2 – 8.7 will delay the validation of the Awarding Authority/Contractor Agreement by the

EOHLC.

END OF SECTION

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Section 00 41 00

FORM FOR GENERAL BID

MGL c.149 $50K to $150K

TO THE AWARDING AUTHORITY: Newton Housing Authority

A. The Undersigned proposes to furnish all labor and materials required for Window Replacement and Site Drainage [Project #211121] at 27 Kerry Court (705-6E) in West Newton, Massachusetts, in accordance with the accompanying plans and specifications prepared by Richard Alvord Architects for the contract price specified below, subject to additions and deductions according to the terms of the specifications.

B. This bid includes addenda numbered: ___________________________________________________________

C. The proposed contract price is:

__________________________________________________ dollars $__________________________________

Bid Amount in Words Bid Amount in Numbers

For alternate No. ________ Add $______________ Subtract $______________ No. ________ Add $______________ Subtract $______________ No. ________ Add $______________ Subtract $______________ No. ________ Add $______________ Subtract $______________ No. ________ Add $______________ Subtract $______________

D. The undersigned agrees that, if he is selected as general contractor, he will within five days, Saturdays, Sundays and legal holidays excluded, after presentation thereof by the awarding authority, execute a contract in accordance with the terms of this bid and furnish a performance bond and also a labor and materials or payment bond, each of a surety company qualified to do business under the laws of the commonwealth and satisfactory to the awarding authority and each in the sum of the contract price, the premiums for which are to be paid by the general contractor and are included in the contract price; provided, however, that if there is more than 1 surety company, the surety companies shall be jointly and severally liable.

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

The undersigned 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 in this subsection the word ''person'' shall mean any natural person, joint venture, partnership, corporation or other business or legal entity. The undersigned further certifies under penalty of perjury that the said undersigned 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.

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NAME OF BIDDER

SIGNATURE AND TITLE OF PERSON SIGNING BID

Date: _________________________ ______________________________________________

BUSINESS ADDRESS

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BID BOND

CONTRACTOR: SURETY:

Name: Name:

Address: Address:

AWARDING AUTHORITY:

Name:

Address:

BOND AMOUNT:

PROJECT:

The Contractor and Surety are bound to the Awarding Authority in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Awarding Authority accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Awarding Authority and Contractor, and the Contractor either (1) enters into a contract with the Awarding Authority in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise, acceptable to the Awarding Authority, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or

(2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Awarding Authority may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Awarding Authority and Contractor to extend the time in which the Awarding Authority may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty

(60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Awarding Authority and Contractor shall obtain the Surety’s consent for an extension beyond sixty (60) days.

When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory and not as a common law bond.

IN THE WITNESS WHEREOF,

the Principal and Surety signed and sealed this day of , 20

(Contractor as Principal) (Seal) (Witness)

(Title)

(Surety) (Seal) (Witness)

(Title)

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SIMILAR PROJECTS - REFERENCE FORM

v1.0-20230830 MGL c.149 $50K to $150K

The bidder must provide five (5) similar projects performed & completed within the past five (5) years.

Similar Project 1 Project Address: ____________________________________________________________________ Start Date: ______________________ End Date: ________________________ Current Cost: ______________________ Original Cost: ________________________ Cost Change Explanation: ____________________________________________________________ Project Description: _________________________________________________________________ Awarding Authority Reference Contact Prime Designer Reference Contact

Project Manager Reference Contact General Contractor Reference Contact

Similar Project 2 Project Address: ____________________________________________________________________ Start Date: ______________________ End Date: ________________________ Current Cost: ______________________ Original Cost: ________________________ Cost Change Explanation: ____________________________________________________________ Project Description: _________________________________________________________________ Awarding Authority Reference Contact Prime Designer Reference Contact

Project Manager Reference Contact General Contractor Reference Contact

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Similar Project 3 Project Address: ____________________________________________________________________ Start Date: ______________________ End Date: ________________________ Current Cost: ______________________ Original Cost: ________________________ Cost Change Explanation: ____________________________________________________________ Project Description: _________________________________________________________________ Awarding Authority Reference Contact Prime Designer Reference Contact

Project Manager Reference Contact General Contractor Reference Contact

Similar Project 4 Project Address: ____________________________________________________________________ Start Date: ______________________ End Date: ________________________ Current Cost: ______________________ Original Cost: ________________________ Cost Change Explanation: ____________________________________________________________ Project Description: _________________________________________________________________ Awarding Authority Reference Contact Prime Designer Reference Contact

Project Manager Reference Contact General Contractor Reference Contact

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Similar Project 5 Project Address: ____________________________________________________________________ Start Date: ______________________ End Date: ________________________ Current Cost: ______________________ Original Cost: ________________________ Cost Change Explanation: ____________________________________________________________ Project Description: _________________________________________________________________ Awarding Authority Reference Contact Prime Designer Reference Contact

Project Manager Reference Contact General Contractor Reference Contact

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EOHLC v1.3-20260202 MGL c.149 $50K to $150K

Section 00 52 00

AWARDING AUTHORITY/CONTRACTOR AGREEMENT

Commonwealth of Massachusetts Executive Office of Housing and Livable Communities

MGL c.149 $50K to $150K

This agreement made the day of , by and between the NEWTON HOUSING AUTHORITY hereinafter called the “Awarding Authority”, and _________________ hereinafter called the “Contractor”.

Witnesseth, that the Awarding Authority and the Contractor, for the consideration hereinunder named, agrees as follows:

Article 1. Scope of Work: The Contractor shall perform all Work required by the Contract Documents for WINDOW REPLACEMENT AND SITE DRAINAGE Project No. 211121 as referred to in the Contract Documents prepared by RICHARD ALVORD ARCHITECTS hereinafter referred to as the “Prime Designer”.

Article 2. Time of Completion: The Contractor shall commence work under this Contract on the date specified in the written “Notice to Proceed” and shall bring the Work to Substantial Completion within __ calendar days of said date.

Article 3. Contract Sum: The Awarding Authority shall pay the Contractor, in current funds, for the performance of the Work, subject to additions and deductions by Change Order, of the Contract Sum of:

______________________________________ Dollars $ _______________________.

Contract Amount in Words Contract Amount in Dollars

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

Article 5. Alternates: The following Alternates have been accepted and their costs are included in the Contract Sum stated in Article 3 of this Agreement: Alternate No(s):

Article 6. REAP Certification: Pursuant to M.G.L. c.62(c), sec.49(a), the individual signing this Contract on behalf of the Contractor, hereby certifies, under the penalties of

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E perjury, that to the best of their knowledge and belief the Contractor has complied with all laws of the Commonwealth relating to taxes, reporting of employees and contractors, and withholding and remitting child support.

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

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

Article 9. Validation: This Contract will not be valid until signed by the Undersecretary of the Massachusetts Executive Office of Housing and Livable Communities.

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

1 Contractor NEWTON HOUSING AUTHORITY

Name of Contractor Street Address City, State Zip Code Print Name

Signature and Seal Signature and Seal

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

Executive Office of Housing and Livable Communities

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In accordance with MGL 121B and revisions thereto.

Undersecretary

Date

The Undersecretary’s signature is not required on contracts $50,000 or less.

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Section 00 52 06

FORM OF CORPORATE VOTE

MGL c.149 $50K to $150K

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

Name of Corporation duly called and held at ____________________ on the ____ day of _______________

20_____ at which a quorum was present and acting, it was voted that___________________________ of the ____________________, be and hereby is Name of Corporate Officer authorized to execute and deliver for and on behalf of the Corporation a Contract with the NEWTON HOUSING AUTHORITY for work to be done at WINDOW REPLACEMENT AND SITE DRAINAGE Project No. 211121 in West Newton, Massachusetts.

And to act as principal to execute bonds in connection therewith, which Contract and

Bonds were presented to and made part of the records of said meeting. I further certify that _____________________________________ Is duly qualified and acting Name of Corporate Officer

_______________________of the Corporation and that said vote has not been Title repealed, rescinded or amended.

A true copy of the record, Attest: _________________________________

(CORPORATE SEAL)

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

Notary Public My Commission Expires:

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E v1.2-20221001 MGL c.149 $50K to $150K

Bond No. _____________

Section 00 61 01

PAYMENT BOND - CONTRACTOR

MGL c.149 $50K to $150K

KNOW ALL MEN BY THESE PRESENTS:

That we, ______________________________________________________________ as Principal, _______________________ and ________________________________ as Surety, are held and firmly bound unto the Newton Housing Authority as Obligee, in the sum of to be paid to the Obligee, for which payments, well and truly to be made, we bind ourselves, our respective heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

WHEREAS, the said Principal has made a contract with the Obligee, bearing the date of _________________, 20 ______ for the construction of WINDOW REPLACEMENT AND SITE DRAINAGE Project No. 211121 in West Newton, Massachusetts.

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

IN WITNESS WHEREOF, the Principal and Surety have hereunto set their hands and seals this: _______________ Day of _____________________ 20____.

PRINCIPAL ________________________ SURETY ____________________________

By: _______________________________ By: _________________________________ Seal Attorney-in Fact Attest: ____________________________ Attest: _______________________________

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The rate for the bond is ______ % for the first $ _______________________________ and ______ % for the next $ ______________________________________________.

The total premium for this bond is $ ________________________________________.

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Bond No.______________

Section 00 61 02

PERFORMANCE BOND - CONTRACTOR

MGL c. 149 over $150,000

KNOW ALL MEN BY THESE PRESENTS:

That we, ______________________________________________________________ as Principal, _______________________ and ________________________________ as Surety, are held and firmly bound unto the Newton Housing Authority as Obligee, in the sum of to be paid to the Obligee, for which payments, well and truly to be made, we bind ourselves, our respective heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

WHEREAS, the said Principal has made a contract with the Obligee, bearing the date of _________________, 20 ______ for the construction of WINDOW REPLACEMENT AND SITE DRAINAGE Project No. 211121 in West Newton, Massachusetts.

NOW, the condition of this obligation is such that if the Principal and all Subcontractors under said contract shall well and truly keep and perform all the undertakings, covenants, agreement, terms and conditions of said contract on its part to be kept and performed during the original term of said contract and any extensions thereof that may be granted by the Obligee, with or without notice to the Surety, and during the life and any guarantee required under the contract, and shall also well and truly keep and perform all the undertakings, covenants, agreements, terms and conditions of any and all duly authorized modifications, alterations changes or additions to said contract that may hereafter be made, notice to the Surety of such modifications, alterations, changes or additions being hereby waived, then this obligation shall become null and void; otherwise, it shall remain in full force and virtue.

IN THE EVENT, that the contract is abandoned by the Principal, or in the event that the Obligee, under the provisions of Article 17 of the General Conditions of said contract terminates the employment of the Principal or the authority of the Principal to continue the work, said Surety hereby further agrees that said Surety shall, if requested in writing by the Obligee, take such action as is necessary to complete said contract.

IN WITNESS WHEREOF, the Principal and Surety have hereunto set their hands and seals this: _______________ Day of _____________________ 20____.

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PRINCIPAL ________________________ SURETY ____________________________

By: _______________________________ By: _________________________________ Seal Attorney-in Fact Attest: ____________________________ Attest: _______________________________

The rate for the bond is ______ % for the first $ _______________________________ and ______ % for the next $ ______________________________________________.

The total premium for this bond is $ ________________________________________.

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EOHLC v1.2-20241031 MGL c.149 $50K to $150K

Section 00 72 00

GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION

MGL c.149 $50K to $150K

TABLE OF CONTENTS

ARTICLE

1. DEFINITION OF TERMS

2. AWARDING AUTHORITY AND THE EOHLC

3. CONTRACTOR

4. ADMINISTRATION OF THE CONTRACT

5. SUBCONTRACTORS

6. CONSTRUCTION BY AWARDING AUTHORITY/SEPARATE CONTRACT

7. CHANGES IN THE WORK

8. TIME, SCHEDULES, AND COMPLETION

9. PAYMENTS

10. GUARANTEES AND WARRANTIES

11. MISCELLANEOUS LEGAL REQUIREMENTS

12. CONTRACTOR'S ACCOUNTING REQUIREMENTS

13. EEO REQUIREMENTS

14. INSURANCE REQUIREMENTS

15. INDEMNIFICATION

16. PERFORMANCE AND PAYMENT BONDS

17. TERMINATION

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ARTICLE 1

DEFINITION OF TERMS

1.1 BASIC DEFINITIONS

1.1.1 THE CONTRACT DOCUMENTS

The Contract Documents consist of the Awarding Authority-Contractor Agreement, Advertisement, Instructions to Bidders, Bidding Documents, Contract Forms, General Conditions of the Contract for Construction, Specifications, Drawings, all addenda issued prior to execution of the Contract, and other documents listed in the Agreement, EOHLC publication known as the Construction Handbook, and Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Prime Designer.

1.1.2 THE CONTRACT

The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. The Contract may be amended or modified only by a Modification in writing and signed by the Awarding Authority, Prime Designer and General Contractor.

1.1.3 THE WORK

The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment, and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project.

1.1.4 THE PROJECT

The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Awarding Authority or by separate contractors.

1.1.5 THE DRAWINGS

The Drawings are the graphic and pictorial portions of the Contract Documents, wherever located and whenever issued, showing the design, location, and dimensions of the Work, generally including plans, elevations, sections, details, schedules, and diagrams.

1.1.6 THE SPECIFICATIONS

The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards, and workmanship for the Work, and performance of related services.

1.1.7 THE CONSTRUCTION HANDBOOK

The Construction Handbook is published by and available free of charge, from the EOHLC. It outlines the procedures that the Contractor, Awarding Authority, Prime Designer, and the EOHLC shall follow during the construction of the Work. The most recent version, at the time of bid opening, of the Construction Handbook is incorporated by reference into the Contract Documents.

1.2 EXECUTION, CORRELATION, AND INTENT

1.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents.

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1.2.2 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all. Performance by the Contractor shall be required to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the intended results. In case of inconsistent requirements in the Contract Documents, the requirement for the greater quantity or higher quality shall take precedence and shall be the Contract requirement.

1.2.3. Unless otherwise stated in the Contract Documents, words which have well known technical, or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings.

1.2.4. Where reference is made to standards or trade association publications, it shall be considered to refer to the latest edition and revision thereof, if any, in effect on the date the Contract Documents were advertised for bid.

1.3 USE OF DRAWINGS, SPECIFICATIONS, AND OTHER DOCUMENTS

The Drawings, Specifications and other documents prepared by the Prime Designer, and copies thereof furnished to the Contractor, are for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub-subcontractor, or material or equipment supplier on other projects or additions to this Project outside the scope of the Work without the specific written consent of the Awarding Authority and the Prime Designer.

ARTICLE 2

AWARDING AUTHORITY AND THE EOHLC

2.1 DEFINITION

2.1.1 The term "Awarding Authority", sometimes also referred to as the " Authority" or " Owner", means the entity identified in the Awarding Authority - Contractor Agreement, organized and existing under the provisions of M.G.L. The Awarding Authority shall designate in writing a person or persons with the authority to contractual act on behalf of the Awarding Authority. This person or these persons shall be the "authorized signatory". If the Awarding Authority designates more than one authorized signatory, then the Awarding Authority shall explicitly define the limits and scope of each individual's authority to contractually act on behalf of the Awarding Authority.

2.1.2 The term "EOHLC" means the Massachusetts Executive Office of Housing and Livable Communities, 100 Cambridge St. Suite 300, Boston, MA 02114.

2.1.3 The term "Administrator" means the person appointed by the EOHLC to administer the terms of the Contract for Financial Assistance between the Awarding Authority and the EOHLC, who is also empowered to take certain actions under this Agreement. Contractor should address mail to the Administrator c/o the Construction Management Unit.

2.1.4 The term "Construction Advisor" means the person designated by the Administrator to assist the Administrator. The duties, responsibilities and limitations of the Construction Advisor's authority are described in the Construction Handbook.

2.1.5 Project Funding: The Work under this Contract is funded by the Commonwealth of Massachusetts through the EOHLC pursuant to a contract for financial assistance between the EOHLC and the Awarding Authority.

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2.2 INFORMATION AND SERVICES TO BE PROVIDED BY THE AWARDING AUTHORITY

2.2.1 The Awarding Authority will furnish to the Contractor, free of charge, a minimum of three (3) copies or a reasonable number of copies of the Contract Documents for the execution of the Work, including a set for record purposes. The Contractor shall provide and distribute such a quantity of prints as required for the Contractor's and Subcontractors' use.