Philip Street_Contract Documents.pdf

CONTRACT DOCUMENTS

‐MEDFIELD‐

OVER

MINE BROOK

PROJECT FILE NO. 13551

Prepared for:

Town of Medfield, Massachusetts

Submitted by:

Westbrook, ME 04092

March 1, 2018

Town of Medfield, MA Bridge No. M-11-017 (79K) Philip Street

Table of Contents

Bidding and Contract Requirements Section No.

Invitation To Bid

Instructions To Bidders

Form For General Bid

Form For Sub-Bid

Agreement

Certificate of Corporate Vote

Performance Bond

Payment Bond

Certificates of Insurance

General Conditions

Supplemental Special Conditions

Excerpts from Applicable State Law

Special Provisions Page No.

Title Page ..................................................................................................................................................................................... SP-1

Definition of Terms .................................................................................................................................................................... SP-2

Proposal Requirements and Conditions ....................................................................................................................................... SP-3

Award and Execution of the Contract .......................................................................................................................................... SP-4

Scope of Work ............................................................................................................................................................................. SP-5

Control of Work ........................................................................................................................................................................... SP-6

Legal Relations and Responsibility to Public .............................................................................................................................. SP-7

Prosecution and Progress ........................................................................................................................................................... SP-12

Repair of Granite Masonry Special Provision ........................................................................................................................... SP-26

Concrete Repairs Special Provision ........................................................................................................................................... SP-28

Temporary Supports for Utility Special Provision ..................................................................................................................... SP-31

Bridge Superstructure, Bridge No. M-11-017(79K), In-Place Special Provision ...................................................................... SP-32

Appendix Page No.

Prevailing Wage Rates ............................................................................................................................................................... AP-1

BIDDING AND CONTRACTING

REQUIREMENTS

‐MEDFIELD‐

BRIDGE NO. M‐11‐017 (79K)

PHILIP ST.

OVER

MINE BROOK

SECTION 00020

INVITATION FOR BIDS

In accordance with M.G.L. c.149, sealed bids from qualified bidders for the PHILIP STREET OVER MINE BROOK SUPERSTRUCTURE REPLACEMENT in the Town of Medfield, MA 02052. Bids will be received at the Medfield Town Office, 55 North Meadows Rd., Medfield, MA 02052 until 10 am on Thursday March 22nd, 2018 and at that time the bids will be publicly opened and read aloud.

The work includes:

Superstructure replacement of the timber bridge carrying Philip St. over Mine Brook, cleaning the existing bridge seat and completing localized concrete repairs to the existing substructure, cutting the existing anchor bolts flush and installing new anchor bolts, and repairing loose and displaced stones and voids in the existing masonry walls. The bridge superstructure replacement is comprised of removal of the existing timber bridge structure and installation of a prefabricated timber bridge to be supplied by the Town of Medfield.

All work must be performed in accordance with the documents prepared by HNTB Corporation.

Each Bidder may obtain complete sets of the Bidding Documents, including Bid Forms only at COMMBUYS from March 1st, 2018 to March 22nd, 2018. Addenda will be issued to all Bidders at COMMBUYS. All bidding questions shall be submitted electronically through COMMBUYS by March 15th, 2018 at 2 pm.

Every Filed General Bid shall be accompanied by a bid bond, or cash, or a certified check, or treasurer’s check issued by a responsible bank or trust company, made payable to the Town of Medfield in an amount not less than five (5) percent of the bid amount.

The successful General Bidder will be required to furnish a 100% Performance Bond and a 100% Payment Bond of the total bid with a corporate surety qualified to do business under the laws of the Commonwealth and approved by the Owner (Town of Medfield).

All bids for this project are subject to applicable M.G.L. c.149, §44A through 44J, as amended. Attention is directed to the minimum wage rates to be paid as determined by the Commissioner of Labor and Industries and the weekly payroll record submittal requirements under the provisions of Massachusetts General Laws, Chapter 149, Section 26 through 27H inclusive.

All General Bidders must submit a Certificate of Eligibility from Capital Asset Management with the latest revised Commonwealth of Massachusetts, Division of Capital Asset Management (DCAM) Update Statement. The category of work for this project is General Bridge Demolition and Construction.

Selection of the contractor will be based upon bidder qualifications, including evidence of past performance in similar projects, and bid price. The contract will be awarded to the bidder deemed by the awarding authority to be the lowest responsible and eligible bidder.

The Town of Medfield is an equal opportunity owner/purchaser.

No bid may be modified, withdrawn, or canceled by the Bidder for a period of thirty (30) days from the date and time of the opening of General Bids, Saturdays, Sundays, and legal Holidays excluded unless by mutual consent of the parties, and each Bidder so agrees in submitting a Bid.

Award of this contract may be subject to an appropriation.

The Town reserves the right to waive any informality, to accept or reject, in whole or in part any or all bids, or take whatever other action may be deemed to be in the best interest of the Town.

Town of Medfield

SECTION 00100

INSTRUCTIONS TO BIDDERS

1. Receipt and Opening of Bids

The Town of Medfield, Massachusetts, herein called the Awarding Authority or Owner, will receive sealed bids from qualified bidders for the Philip Street Bridge Superstructure Replacement Project on Thursday March 22nd at 10 am in the Medfield Town Office, 55 North Meadows Rd., Medfield MA 02052. Bids will be publicly opened and read.

No bid may be modified, withdrawn or canceled for a period of thirty (30) days from the date and time of the opening of General Bids, Saturdays, Sundays and legal Holidays excluded unless by mutual consent of the parties, and each Bidder so agrees in submitting a Bid.

It is anticipated that a contract will be awarded to lowest responsible and eligible bidder within 30 days of the general bid opening. The CONTRACTOR hereby agrees that his bid will remain firm for 60 days after the bid date pending issuance of a “Notice to Proceed” by the OWNER.

If changes are made to the Invitation to Bid (IFB) an addendum will be issued. Addenda will be mailed, or faxed, or emailed to bidders of record having picked up the IFB. It shall be the responsibility of the bidder to confirm the number of addenda received.

2. Location and Work to be Done

The Philip Street is located in Medfield, MA. All work must be performed in accordance with the documents prepared by HNTB Corporation.

The location, general characteristics, and principal details of the Work are indicated on plans entitled: Proposed Bridge Superstructure Replacement, Philip Street over Mine Brook and the special provisions within this document.

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 Engineer, and shall then become a part of the Contract Documents.

The Contractor shall furnish all labor, services, materials, equipment, 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.

All bidders shall visit the site and examine all contract documents before submitting bids, and inspect and be thoroughly familiar with the site, the contract documents, and conditions under which work will be carried out. Neither the Awarding Authority nor the Designer will be responsible for errors, omissions and/or changes for extra work arising from General or Sub- Contractor’s failure to familiarize themselves with contract documents or existing conditions. By submitting a bid, the bidder agrees and warrants that he has examined the site and the contract documents, that he is familiar with the conditions and requirements of both and where they require, in any part of the work a given result to be produced, that the contract documents are adequate and that he will produce the required result.

3. Preparation of Bid

Each bid must be submitted on the prescribed form and must be typewritten or in ink. Bids written in pencil will not be accepted. All blank spaces for bid prices must be filled in with both words and figures. In the case of discrepancy between the two, the amount written in words shall govern. If a mistake is made, Bidders may make a correction by interlineations, striking out, or “whiting out” and writing over; such corrections must be initialed by the signer of the Bid.

Each bid shall be submitted in a sealed envelope plainly marked on the outside with the name of the Bidder, address, and labeled: BID FOR MEDFIELD PHILIP STREET BRIDGE

SUPERSTRUCTURE REPLACEMENT.

If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another envelope addressed to the Owner.

4. Bid Opening Procedure

The following list of requirements shall apply to each filed bid. Bids not meeting all the requirements for timeliness and security will be rejected without opening; bids not meeting signature and addenda requirements will be rejected prior to checking of bid amounts.

Bids shall be filed at the place and before the time specified in Receipt and Opening of Bids.

The total dollar amount of each bid will be read, and the three apparent lowest bids will be selected for further consideration.

5. Bid Deposit

Each Bid submitted in accordance with the required procedure shall be accompanied by a bid deposit in the form of a bid bond, or cash, or a certified check, or a treasurer's or cashier's check issued by, a responsible bank or trust company, payable to the Town of Medfield, in the amount of five (5) percent of the value of the respective Bid. Bid bonds shall be (a) in a form satisfactory to the Town, (b) with a surety company qualified to do business in the commonwealth and satisfactory to the Town and (c) conditioned upon the faithful performance by the principal of the agreements contained in the bid. Unless otherwise required by the Town, a bid bond shall be written on AIA A310-2010, Bid Bond, and the attorney-in-fact who executes the bond on behalf of the surety shall affix to the bond a certified and current copy of the power of attorney.

All bid deposits of general bidders except the three lowest responsible and eligible bidders shall be returned within 5 days, Saturdays, Sundays and legal holidays excluded after the opening of bids. The bid deposits for the three lowest responsible and eligible bidders shall be retained until either (a) the General Contract has been executed and performance and payment bonds have been furnished or (b) if no award is made, upon the expiration of the time prescribed in M.G.L. c. 149§ 44A for making an award, subject to the exceptions in M.G.L. c.

149 § 44B (3) and (5).

6. Prices In the event there is a discrepancy between the unit prices and the extended totals, the unit prices will govern. In the event, there is a discrepancy between the price written in words and written in figures, the price written in words shall govern. After the bid opening, a bidder may not change any provision of the bid in a manner prejudicial to the interests of the Town or fair competition. Minor informalities will be waived or the bidder will be allowed to correct them.

If a mistake and the intended bid are clearly evident on the face of the bid document, the mistake will be corrected to reflect the intended correct bid, and the bidder will be notified in writing; the bidder may not withdraw the bid. A bidder may withdraw a bid if a mistake is clearly evident on the face of the bid document, if the intended correct bid is not similarly evident.

7. 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 he 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.

8. Conditions of Work

Each bidder must familiarize himself 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 work, must employ such methods or means as will not cause any interruption of or interference with the work of any other Contractor.

9. Addenda and Interpretations

The Bidder shall carefully study and compare the Bidding Documents with each other, shall examine the site and local conditions, and shall at once report to the Town of Medfield any errors, inconsistencies or ambiguities discovered.

Bidders requiring clarification or interpretation of the Bidding Documents shall make a written request addressed to the Medfield Town Office, 55 North Meadows Rd., Medfield MA 02052 or msullivan@medfield.net. To be given consideration, all requests for clarification or interpretation of the Bidding Documents must be received at least five (5) days prior to the date fixed for the opening of bids. Verbal requests will not be accepted. The last day for issuing any addenda involving the General Bid is Thursday March 8th. 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.

Interpretations, corrections and changes of the Bidding Documents will be made by written Addendum which will be mailed, or faxed, or emailed to bidders of record having picked up the IFB and which shall be the sole and exclusive means of communication with bidders. It shall be the responsibility of the bidder to confirm the number of addenda received. All bidders shall include with their bids the written acknowledgement form provided in Section

00300, FORM FOR GENERAL BID.

10. Security for Faithful Performance Prior to delivery of the executed Contract, the successful General Bidder 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 as specified in Section 00700, GENERAL CONDITIONS included herein. 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. Any costs of the bonds must be included in the bid. The bonds shall be written on forms bound into the Project Manual and 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.

11. 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.

12. 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 herein written out in full. Attention is directed to Section 00850 and to other applicable sections of this specification.

13. 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 he/she has received notice of the acceptance of his/her bid, shall forfeit to the Owner, as liquidated damages for such failure or refusal from the security deposited with his/her bid, the difference between his/her bid price and the bid price of the next lowest responsible and eligible bidder. In case of 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.

14. 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.

15. 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.

If 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 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.

16. Right to Reject Bid

The Owner reserves the right to waive any informality or reject any and all bids, should the

Owner deem it to be in the public interest to do so.

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, or the Owner may waive such omissions, conditions or irregularities.

17. Time for Completion

The selected General Bidder must agree to commence work within five (5) 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. In case the Work is not completed within the time specified, it shall be understood and agreed that the Contractor shall pay the Owner, not as a penalty, but as liquidated damages, the amount stated in the Contract Documents.

18. Comparison of Bids

Bids will be compared on the basis of the quantities and unit and lump sum prices set forth in the bid forms.

In the event that there is a discrepancy in Section 00300, FORM FOR GENERAL BID between the lump sum or unit prices written in words and figures, the prices written in words will govern.

The Owner agrees to examine and consider each FORM FOR GENERAL BID submitted in consideration of the qualifications of the bidder and the bidder's agreements, as herein above set forth and as set forth in Section 00300, FORM FOR GENERAL BID.

19. Rule for Award of Contract

The Contract will be awarded to "the lowest responsible and eligible bidder" pursuant to General Laws Chapter 149, Section 44A(2), 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.

20. Statutes Regulating Competitive Bidding

Any bid, which does not comply with the provisions of Massachusetts General Laws Chapter 149, Sections 44A through 44J, as amended, need not be accepted and the Owner may reject every such bid.

21. Certificate of Eligibility Filed Sub Bidders/General Bidders and Sub Bidders/General Bidders

Contractor Update Statement

All General Contractors must submit a Certificate of Eligibility from the Division of Capital Asset Management (DCAM) and the Prime/General Contractor Update Statement (the Prime/General Contractor Update Statement form should indicate effective March, 2011) and submitted with the bid.

All Update Statements are not Public Record and not open to Public Inspection.

Any bid submitted without an appropriate certificate of eligibility or update statement shall be invalid and must be rejected.

22. Wage Rates/Certified Payrolls

Wages are subject to minimum wage rates determined by the Massachusetts Department of Labor and Industries pursuant to M.G.L., Sec. 26 to 27H. The schedule of wage rates applicable to this contract is included in the bidding documents. The rate per hour to be paid to mechanics, apprentices, teamsters, chauffeurs, and laborers employed on the Work shall not be less than the rate of wages in the attached “Minimum Wage Rates” as determined by the Commissioner of Labor and Industries. The schedule of prevailing wage rates will be updated annually for all public construction projects lasting longer than one (1) year. The contractor shall pay the prevailing wage rate set out in the applicable prevailing wage rate schedule.

Increases in prevailing wage rates shall not be the basis for a change order. It is the responsibility of the contractor, before the bid opening, to request if necessary, any additional information on Prevailing Wage Rates for those trades people who may be employed for the proposed work under this contract.

The Town shall require copies of certified payroll to be submitted prior to the request for the monthly Application for payment. Said certified payrolls must be submitted to the Town Administrators Office.

23. Contractor Records

The Contractor shall comply with the provisions of Massachusetts General Laws, Chapter 149, Section 39R and Chapter 149, Section 27B concerning Contractor records.

24. Insurance

The Contractor shall carry and continuously maintain until completion of the Contract, insurance as specified in the General Conditions and in such form as shall protect him performing work covered by this Contract, and the Town of Medfield and its employees, agents and officials, from all claims a liability for damages for bodily injury, including accidental death, and for property damage, which may arise from operations under this Contract. The Contractor covenants and agrees to hold the Authority, the Town and its employees, agents and officials harmless from loss or damage due to claims for personal injury and/or property damage arising from, or in connection with operations under this Contract.

25. Tax Exempt

The Town is tax exempt and will provide Sales Tax Exempt Purchaser Certificate(s).

Contractors should request these certificates through the Purchasing Office.

26. Health and Safety

Chapter 306 of the Acts of 2004 - an Act Relative to the Health and Safety on Public Construction Projects. The below statement has been added to filed sub-bid and general contract bid forms.

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 Town shall require each Contractor to furnish documentation of successful completion of the OSHA training course for each employee scheduled on the worksite. The information shall be a requirement with the first certified payroll.

SECTION 00300

FORM FOR GENERAL BID

To the Awarding Authority:

A. The Undersigned proposes to furnish all labor and materials required for the Philip Street over Mine Brook Superstructure Replacement located in Medfield, Massachusetts, in accordance with the accompanying plans and specifications prepared by HNTB Corporation 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 ($ ).

It is understood that the TOTAL AMOUNT stated by the undersigned in the following Schedule of Prices is based on approximate quantities and will be used solely for the comparison of bids, and that the quantities stated in the Schedule of Prices for the various items are estimates only and may be increased or decreased as provided in the Specification.

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 represents that the Bidder has read and understands the Bidding Documents, and the Bid is made in accordance therewith. The undersigned represents that the Bidder has carefully studied and compared the Bidding Documents with each other, and has reported any errors, inconsistencies or ambiguities discovered to the Resident. The undersigned further represents that the Bidder has visited the site, become familiar with local conditions under which the Work is to be performed and has correlated the Bidder’s personal observations with the requirements of the proposed Contract Documents. The undersigned represents that this Bid is based upon the materials, equipment and systems required by the Bidding Documents, without exception.

SCHEDULE OF BID PRICES

CONTRACT NO. M-11-017 (79K)

TOWN OF MEDFIELD

PHILIP STREET SUPERSTRUCTURE REPLACEMENT

Item Number

Item Description

Unit Prices in Numbers

Dollars Cents

Bid Amount in Numbers

CentsDollars

Approx.

Quantities

Item

No Units

114.1 Demolition of Superstructure

of Bridge No. M-11-017(79K)

1Lump Sum

120. Earth Excavation 8Cubic Yard

144. Class B Rock Excavation 9Cubic Yard

690.2 Repair of Granite Masonry 40Hour

690.21 Portland Cement Mortar 60Cubic

Foot

690.22 Stone for Repair of Masonry

Wall

2Cubic Yard

748. Mobilization 1Lump Sum

989.1 Concrete Repairs 14Square

Foot

992.33 Temporary Supports for

Utility

1Lump Sum

995.001 Bridge Superstructure, Bridge No. M-11-017(79K), In-Place

1Lump Sum

TOTAL:

P-1

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 regulations promulgated there under.

Date:

(Name of General Bidder) (SEAL – if bid is by a corporation) By (Name of Person Signing Bid and Title)

(Business Address)

(City and State)

**to be signed and included with bid

CERTIFICATE OF COMPLIANCE WITH STATE TAX LAWS

Pursuant to M.G.L. Chapter 62C, Sec. 49A, and M.G.L. Ch. 151A, Section 19A, I certify under the penalty of perjury that has complied with all laws of the Commonwealth of Massachusetts relating to taxes, reporting of employees and contractors, and withholding and remitting child support.

*Signature of Individual **Social Security Number/ Or Corporate Officer Federal Identification Number

Corporate Name:

(if applicable)

Name and Title:

Of Corporate Officer (if applicable)

*Approval of a contract or other agreement will not be granted unless this certification clause is signed by the applicant. For all corporations, a certified copy of the vote of the Board of Directors must be provided.

**Your social security number will be furnished to the Massachusetts Department of Revenue to determine whether you have met tax filing or tax payment obligations. Providers who fail to correct their non-filling or delinquency will not have a contract or other agreement issued, renewed or extended. This request is made under the authority of Massachusetts General Laws, Chapter 62C, section 49A.

SECTION 00500

AGREEMENT

THIS AGREEMENT, made this day of , 20 , by and between the party of the first part, the Town of Medfield, hereinafter called "OWNER," acting herein through its Town Administrator, 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 Massachusetts , 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: Philip Street Superstructure Replacement 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 00800 SUPPLEMENTAL SPECIAL CONDITIONS, and SPECIAL PROVISIONS.

The CONTRACT: The following together with this Agreement, form the Contract:

The Contract Documents as listed in the Table of Contents of the project Manual.

The Specifications as listed in the Table of Contents of the Project Manual The Contract Drawings Addenda No.

Modifications issued after the execution of the Contract

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. Per Instructions to Bidders provision, CONTRACTOR hereby agrees that contract price reflects Owner's issuance of Notice to Proceed within sixty (60) days.

The CONTRACTOR further agrees to fully complete the project within 40 consecutive calendar days of the date of the notice to proceed. The CONTRACTOR further agrees to pay as liquidated damages the sum of $500 for each consecutive calendar day thereafter as provided in the Liquidated Damages Paragraph of Section 00700 GENERAL CONDITIONS.

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 2054, 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, and to make payments on account thereof as provided in the Estimates and Payments Paragraph of Section

00700 GENERAL CONDITIONS.

IN WITNESS WHEREOF, the parties to these presents have executed this contract in two (2) counterparts, each of which shall be deemed an original, in the year and day first above mentioned.

*Strike out inapplicable term.

AGREED: Town of Medfield, Massachusetts (Owner)

By (Town Administrator)

(Contractor’s Name)

By (Name) (Title)

(Address)

Approved as to form:

By Town Attorney

In accordance with M.G.L. C.44, Section 31C, this is to certify that an appropriation in the amount of this contract is available there for and that the Town Administrator has been authorized to execute the contract and approve all requisitions and change orders.

By Town Controller

CERTIFICATE OF CORPORATE VOTE

(to be filed if Contractor is a Corporation)

I, , hereby certify that I am (Secretary of the Corporation) the duly qualified and acting Secretary of (Name of Corporation) and I further certify that a meeting of the 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.

A True Copy:

Attest: By:

(Notary Public) (Secretary of Corporation)

My Commission Expires:

(Date)

SECTION 00610

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS: That we a (Name of Contractor) (Corporation, Partnership, Joint Venture or Individual) hereinafter called "Principal" and of

(Surety)

, State of hereinafter called the "Surety" and licensed by the State Division of Insurance to do business under the laws of the Commonwealth of Massachusetts, are held and firmly bound to the Town of Medfield, Massachusetts, hereinafter called "Owner", in the penal sum of Dollars ($ ) in lawful money of the United States, for the payment of which sum will and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the Owner, dated the day of , 20__, a copy of which is hereto attached and made a part hereof for the construction described as follows:

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

PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of this contract or to the work or to the specifications.

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

IN WITNESS WHEREOF, this instrument is executed in ( ) counterparts, each one of which shall be deemed an original, this the day of , 20 .

ATTEST:

Principal

(Principal Secretary)

Witness as to Principal (Address-Zip Code)

(Address-Zip

Code) ATTEST:

(SEAL)

Surety

(Attorney-in-Fact)

Witness as to Surety (Address-Zip Code)

(Address-Zip Code)

NOTE: Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, all partners should execute Bond.

SECTION 00620

PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS: That we a (Name of Contractor) (Corporation, Partnership, Joint Venture or Individual) hereinafter called "Principal" and (Surety) of , State of hereinafter called the "Surety" and licensed by the State Division of Insurance to do business under the laws of the Commonwealth of Massachusetts, are held and firmly bound to the Town of Medfield, Massachusetts, hereinafter called "Owner”, in the penal sum of dollars ($ ) in lawful money of the United States, for the payment of which sum will and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the Owner, dated the day of , 20 , a copy of which is hereto attached and made a part hereof for the construction described as follows:

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

PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of this contract or to the work or to the specifications.

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

IN WITNESS WHEREOF, this instrument is executed in ( ) counterparts, each one of which shall be deemed an original, this the day of , 20 .

ATTEST:

(Principal)

(Principal Secretary)

Witness as to Principal (Address-Zip Code)

(Address-Zip

Code) ATTEST:

Surety

(Attorney-in-Fact)

Witness as to Surety (Address-Zip Code)

(Address-Zip Code)

NOTE: If Contractor is a Partnership, all partners should execute Bond.

SECTION 00650

CERTIFICATE OF INSURANCE

Contractor shall submit certificates of insurance for all policies in accordance with the requirements of Article 11 of the General Conditions, using the ACORD 25 form or equivalent.

SECTION 00700

GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION

Table of Contents

Article

Title

GENERAL PROVISIONS

1.1 Definitions

1.1.1 The Contract Documents

1.1.2 The Contract

1.1.3 The Work

1.1.4 The Project

1.1.5 The Drawings

1.1.6 The Specifications

1.1.7 The Project Manual

1.2 Execution, Correlation and Intent

1.3 Ownership and Use of Documents

1.4 Capitalization

1.5 Interpretation

2 ADMINISTRATION OF THE CONTRACT OWNER

2.1 Definition

2.2 2.3

Information and Services Required Of the Owner Owner's Right to Stop the Work

2.4 Owner's Right to carry Out the Work

3 CONTRACTOR

3.1 Definition

3.2 Review of Contract Documents

3.3 Supervision and Construction Procedures

3.4 Labor and Materials

3.5 Warranty

3.6 Taxes

3.7 Permits, Fees and Notices

3.9 Superintendent

3.10 Progress Schedule

3.11 Documents and Samples at The Site

3.12 Shop Drawings, Product Data And Samples

3.13 Use Of Site

3.14 Cutting And Patching Of Work

3.15 Cleaning Up

3.16 Access To Work

3.17 Royalties And Patents

3.18 Indemnification

4 RESIDENT

4.1 Resident

4.2 Resident’s Administration of the Contract

4.3 Claims and Disputes-deleted

4.4 Resolution of Claims and Disputes-omitted

4.5 Arbitration-section omitted

5 SUBCONTRACTORS

5.1 Definition

5.2 5.3

Award of Subcontracts and Other Contracts Sub-contractual Relations

5.4 Contingent Assignment of Subcontractors

WORK DONE BY OWNER OR BY SEPARATE CONTRACTORS

6.1 6.2

Owner's Right To Perform Work -And To Award Separate Contracts Mutual Responsibility

6.3 Owner's Right To Clean Up

7 MISCELLANEOUS PROVISIONS

7.1 Changes

7.2 Change Orders

7.3 Change Directives

7.4 Minor Changes

8 TIME

8.1 Definitions

8.2 Progress And Completion

8.3 Delays And Extensions Of Time

9 PAYMENTS AND COMPLETION

9.1 Contract Sum

9.2 Schedule Of Values

9.3 Applications For Payment

9.4 Certificates Of Payment

9.5 Decisions to Withhold Certification

9.6 Progress Payments

9.7 Failure Of Payment

9.8 Substantial Completion

9.9 Partial Occupancy or Use

9.10 Final Completion and Final Payment

10 PROTECTION OF PERSONS AND PROPERTY

10.1 Safety Precautions And Programs

10.2 Safety Of Persons And Property

10.3 Emergencies

11 INSURANCE

11.1 Contractor's Liability Insurance

11.2 Owner's Liability Insurance

11.3 Property Insurance

11.4 Performance and Payment

12 UNCOVERING AND CORRECTION OF WORK

12.1 Uncovering Of Work

12.2 Correction Of Work

12.3 Acceptance Of Non-Conforming Work

13 MISCELLANEOUS PROVISIONS

13.1 Governing Law

13.2 Successors and Assigns

13.3 Written Notice

14 TERMINATION OF THE CONTRACT

14.1 Termination By The Contractor

14.2 Termination By The Owner

15 SPECIAL CERTIFICATES, GUARANTEES, WARRANTIES

15.1 Special Certificates

16 CLAIMS BY CONTRACTORS

16.1 Claims by Contractor

17 CLAIMS AND DISPUTES

17.1 Claims and Disputes

18 STATUTES AND GOVERNMENTAL REGULATIONS

18.1 Incorporation by reference, Statutes and Governmental Regulations

SECTION 00700

ARTICLE 1

GENERAL PROVISIONS

1.1 BASIC DEFINITIONS

1.1.1 THE CONTRACT DOCUMENTS

The Contract documents consist of the Owner-Contractor Agreement, Advertisement, Bidding Documents, Contract Forms, and Conditions of the Contract, Specifications. Drawings, and all addenda issued prior to and all 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 written interpretation issued by the Resident pursuant to Subparagraph 4.2.11, or (4) a written order for a minor change in the work issued by the Resident. In the event of any conflict among the Contract Documents, the Documents shall be construed according to the following priorities:

Highest Priority: Modifications, with later date having greater priority Second Priority: Owner-Contractor Agreement Third Priority: Addenda, with later date having greater priority Fourth Priority: Supplemental Special Conditions Fifth Priority: General Conditions Sixth Priority: Special Provisions Seventh Priority: Drawings

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. Except as provided in paragraph 3.18, nothing contained in The Contract Documents shall be construed to create any contractual relationship (1) between the Resident and the Contractor,

(2) between the Owner or the Resident and a Subcontractor or Sub-subcontractor (3) between the Owner and the Resident, or (4) between any persons or entities other than the Owner and the Contractor. The Resident shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Resident's duties as defined in the Owner and Resident's agreement for this project.

1.1.3 THE WORK

The term "Work" means the construction and services required by the Contract Documents including all labor necessary to produce such construction, and all materials, and equipment incorporated or to be incorporated therein to fulfill the Contractor’s obligations. The Work may constitute the whole or a part of the Project.

GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION

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 Owner 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 PROJECT MANUAL

The Project Manual is the volume usually assembled for the Work which may include the bidding requirements, sample forms, Conditions of the Contract and Specifications.

1.2 EXECUTION, CORRELATION AND INTENT

1.2.1 The Contract Documents shall be signed by the Owner and Contractor as provided in the Agreement and a copy of the signed set shall be deposited with the Resident. If either the Owner or Contractor or both do not sign all Contract Documents, the Resident shall identify such unsigned Documents upon request.

1.2.2 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.

1.2.3 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 only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the intended results. All Work mentioned or indicated in the Contract Documents shall be performed by the Contractor as part of this Contract unless it is specifically indicated in the Contract Documents that such work is to be done by others. Should the Drawings or the Specifications disagree in themselves or with each other, the Contractor shall be required to provide the higher quality or greater quantity of Work.

1.2.4 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade, except to the extent required by M.G.L.

Chapter 149 § 44F. The Contractor and all Subcontractors shall refer to all of the Drawings, including those showing primarily the Work of the mechanical, electrical and other specialized trades, and to all of the Sections of the Specifications, and shall perform all Work reasonably inferable there from as being necessary to produce the indicated results.

1.2.5 Unless otherwise stated in the Contract Documents, words which have well-known…