westborough dog park final bid set specs07.22.24.pdf

TOWN OF WESTBOROUGH, MASSACHUSETTS

Invitation for Bids

DR. SOLOMON CARTER FULLER DOG PARK

IFB 25-7000

July 18, 2024

Town of Westborough

Westborough Town Hall

34 Main Street

Westborough, MA 01581

DR. SOLOMON CARTER FULLER WAY DOG PARK

00 01 10 - 1

TABLE OF CONTENTS

DIVISION 00: PROCUREMENT/CONTRACTING REQUIREMENTS

00 01 00 INTRODUCTORY INFORMATION:

00 01 10 Table of Contents

00 10 00 SOLICITATION:

00 11 13 Advertisement for Bids

00 11 16 Invitation for Bids

00 20 00 INVITATION TO BID

00 40 00 BID FORMS & SUPPLEMENTAL FORMS:

00 41 13 Form for Bid

00 43 13 Bid Bond Form

00 50 00 CONTRACT AGREEMENT:

00 51 00 Letter of Award 00 52 13 Form of Agreement 00 52 14 Certificate of Authority

00 52 15 Corporation Counsel Signature Page

00 60 00 PROJECT FORMS:

00 60 10 List of Standard Forms 00 61 13.13 Performance Bond Form 00 61 13.16 Payment Bond Form 00 62 16 Certificate(s) of Insurance 00 62 23 Certificate of Disposal Facilities 00 62 43 Criminal Offender Record Information

00 62 44 Wage Theft Prevention Form

00 70 00 CONDITIONS OF THE CONTRACT:

00 70 00 General Conditions

00 73 00 SUPPLEMENTARY CONDITIONS:

00 73 10 List of Standard Supplementary Forms 00 73 16 Insurance Requirements/Policy Limits

00 73 46 Minimum Wage Rates: Prevailing Wage Rates

00 90 00 REVISIONS, CLARIFICATIONS AND MODIFICATIONS:

00 91 00 Addenda

DIVISION 01: GENERAL REQUIREMENTS

01 11 00 Summary of Work/Site Locations 01 33 00 Submittals 01 56 00 Temporary Barriers & Enclosures 01 57 13 Temporary Erosion & Sediment Control 01 71 23 Construction Layout

01 78 00 Closeout Documentation

DIVISION 02: EXISTING CONDITIONS

02 41 00 Site Preparation & Demolition

DIVISION 10: SPECIALTIES

10 14 53 Traffic Signage

00 01 10 - 2

DIVISION 31: EARTHWORK

31 20 00 Earth Moving

DIVISION 32: EXTERIOR IMPROVEMENTS

32 12 16 Asphalt Paving 32 13 13 Reinforced Concrete Paving 32 17 23 Pavement Markings 32 30 00 Site Improvements 32 31 13 Chain Link Fences & Gates 32 90 00 Planting 32 91 13 Planting Soil

32 92 00 Turf & Grasses

DIVISION 33: UTILITIES

33 10 00 Water System

PART 4: CONSTRUCTION DOCUMENT DRAWING LIST

Drawing Number Drawing Title Cover Sheet

SP1 Site Preparation & Demolition Plan

L1 Materials & Layout Plan L2 Grading Plan L3 Planting Plan

LD1 Site Details LD2 Site Details

LD3 Site Details

SECTION 00020

LEGAL NOTICE

Town of Westborough

INVITATION FOR BIDS (IFB) IFB 25-7000

Dr. Solomon Carter Fuller Dog Park Construction

The Town of Westborough, led by its Recreation Department, is accepting sealed bids until 10am on

Friday Aug 16, 2024, at the Town Hall, 34 West Main St, Westborough MA 01581 for Dog Park

Construction Services.

This project is being Electronically Bid (E-Bid). You can register to become a bidder (free) online at www.BidNetDirect.com. For assistance, contact BidNetDirect.com at 800-835-4603.

Bid Documents will be available online beginning at 9 AM on Wednesday July 24, 2024, at https://www.bidnetdirect.com/massachusetts/townwestborough. All plan holders must have an active online account on www.bidnetdirect.com to acquire documents, receive project notifications, and receive addenda. It is the responsibility of prospective proposers to check www.BidNetDirect.com for new information via any addenda to this solicitation. Any addenda issued will be emailed to all plan holders registered with BidNetDirect.

Questions can be emailed to Jennifer Kirkland at jkirkland@westboroughma.gov with subject line “Dog

Park Bid -Questions”. Deadline for questions is Aug 9, 2024. Addendum with Questions and answers will posted on BidNet.

Bid deposit in the amount of 5% of Bid amount must accompany the Bid in the form of Bid Bond, Cash, Certified Bank Check issued by a responsible bank or Trust company. Also required is a Payment and Performance Bond in an amount equal to the total Bid Price at the time of signing the contract.

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

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

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

Shab Khan

Chief Procurement Officer

SECTION 00100

00100-1

INSTRUCTIONS TO BIDDERS

1. Receipt and Opening of Bids

The Town of Westborough, Massachusetts, herein called the Owner, acting by and through its Board of Selectmen, will receive sealed Bids for the project known as the Dr.

Solomon Carter Fuller Dog Park Project.

General bids shall be addressed to Shab Khan, Westborough Town Hall, 34 Main

Street, Westborough, MA 01581 and endorsed "Bid for Dr. Solomon Carter Fuller Dog

Park Project” (Project) will be received at the Town Hall 34 West Main Street

Westborough, Ma 01581 until 10:00 a.m. prevailing time on August 16th, 2024 at which time and place said bids will be publicly opened and read aloud. Bid envelopes should be labled Dog Park Construction. Attention Shab Khan CPO.

Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified will not be considered. The bidder agrees that its bid shall be good and may not be withdrawn for a period of 30 days, Saturdays, Sundays, and legal holidays excluded, after the opening of bids.

2. Location and Work to be Done

The Work consists of constructing a public dog park with earthwork, paving, fencing, utility work, landscaping and all work incidental thereto, in accordance with the

Specifications and conceptual plans attached hereto.

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

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

Documents.

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

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

3. Preparation of Bid

Each bid must be submitted on the prescribed form. All blank spaces for bid prices must filled in, in ink or typewritten, in both words and figures.

Each bid must be submitted in a sealed envelope bearing on the outside the name of the

00100-2 bidder, his address, and endorsed with the name of the project as specified in Receipt and

Opening of Bids, above. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed as specified in Receipt and Opening of

Bids, above.

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; 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, above.

Properly executed bid security shall be placed in a sealed envelope and shall be attached to the outside of the envelope containing the bid.

Bid signatures will be checked. Bid deposit will be checked.

All addenda will be sent certified mail, with return receipt requested, and/or facsimile or e-mail to all prospective bidders. All bidders shall include with their bids the written acknowledgment form provided in Section 00300, FORM OF GENERAL BID.

The total dollar amount of each bid will be read, and the three apparent lowest bids will be selected for further consideration. These three apparent low bids will be read aloud for the benefit of the other bidders and the bid opening procedure will be closed. All those present at the bid opening may examine all bids after the bid opening and after the reading of the three apparent low bids.

5. Modification

Any bidder may modify his bid by written communication at any time prior to the scheduled closing time for receipt of bids. Any telegraphic communication must be received by the Owner prior to the closing time, and, provided further, the Owner must be satisfied that a written confirmation of the telegraphic modification over the signature of the bidder was mailed prior to the closing time. If written confirmation is not received within two days from the closing time, no consideration will be given to a telegraphic communication.

The communication shall not reveal the bid price but shall provide the addition or subtraction or other modification so that the final prices or terms will not be known by the Owner until the sealed bid is opened.

6. Ability and Experience of Bidder

No award will be made to any bidder who cannot satisfy the Owner that he has sufficient ability and experience in this class of work and sufficient capital and plant to enable him

00100-3 to prosecute and complete the work successfully within the time named. The Owner's decision or judgment on these matters will be final, conclusive, and binding.

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

7. Conditions of Work

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

8. Addenda and Interpretations

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

Every request for such interpretation should be in writing addressed to Jennifer Kirkland at jkirkland@westboroughma.gov, and to be given consideration must be received at least seven (7) days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications which, when issued, will be mailed by certified mail with return receipt requested to all prospective bidders (at the respective address furnished by them for such purposes), or sent via facsimile or email if time requires. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the

Contract Documents.

9. Security for Faithful Performance

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

10. Power of Attorney

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

mailto:jkirkland@westboroughma.gov

00100-4

11. Laws and Regulations

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

12. Liquidated Damages for Failure to Enter into Contract

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

Owner, as liquidated damages for such failure or refusal, the security deposited with his/her bid, but the amount forfeited shall not exceed the difference between his/her bid price and the bid price of the next lowest responsible and eligible bidder. In case of death, disability, bona fide clerical or mechanical error of a substantial nature, or other similar unforeseen circumstances affecting the bidder, his/her bid deposit will be returned.

13. Obligation of Bidder

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

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

14. Information Not Guaranteed

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

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

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

15. Bid Security

Each bid and sub-bid must be accompanied by bid security in the form of a certified check, a bid bond, cash, or a treasurer's or cashier's check, payable to the Owner, in the amount of five (5) percent of the value of the bid. Such security of general bidders will

00100-5 be returned to all except the three lowest responsible and eligible bidders within five days, Saturdays, Sundays, and legal holidays excluded, after the opening of bids, and the remaining securities will be returned promptly after the Owner and the accepted bidder have executed the Contract, or if no notice of intent to award has been presented to the selected contractor within 30 days, Saturdays, Sundays and holidays excluded, after the date of the opening of bids, upon demand of the bidder at any time thereafter.

16. Right to Reject Bid

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

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

17. Time for Completion

The successful general bidder must agree to commence work within ten (10) days of the date of the Notice to Proceed and to fully complete the project within the time limit stated in Section 00300, FORM OF GENERAL BID.

18. Comparison of Bids

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

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

19. Award of Contract

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

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

20. Statutes Regulating Competitive Bidding

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

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

21. Wage Rates

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

Workforce Development under the provision of the Massachusetts General Laws, Chapter 149, Section 26 to 27G, as amended, apply to this project. It is the responsibility

00100-6 of the bidder, before bid opening, to request any additional information on Prevailing

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

22. Contractor Records

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

30, Section 39R concerning Contractor records. Prevailing wage rates will be posted on

BidNet as a separate file.

23. INSURANCE

The Contractor shall carry and continuously maintain until completion of the Contract, insurance as specified in Agreement and in such form as shall protect him performing work covered by this Contract, and the Town of Westborough and its employees, agents and officials, from all claims an liability for damages for bodily injury, including accidental death, and for property damage, which may arise from operations under this

Contract. The Town shall be named as an additional insured. The Contractor covenants and agrees to hold the Town and its employees, agents and officials harmless from loss or damage due to claims for bodily injury or death and/or property damage arising from, or in connection with, operations under this Contract.

25. PROJECT MANAGER

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

00300-1

SECTION 00300

FORM OF GENERAL BID

Bid of __________________________________ (hereinafter called "Bidder")*

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

(____) a partnership

(____) a joint venture

(____) an individual doing business as _____________________________________

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

Gentlemen:

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

The Bidder hereby agrees to commence work on or before the date to be specified in written "Notice to Proceed" of the Owner, and to fully complete the project within _____ consecutive calendar days thereafter. The Bidder further agrees to pay as liquidated damages the sum of ($ ) Dollars for each consecutive calendar day thereafter that the work is not complete as provided in the contract.

*Specify corporation, partnership or individual as applicable.

00300-2

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

No. Dated:

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

And to perform the add alternative #1 work described in the specifications and shown on the plans for the following add alternative #1 contract price: $__________________

And to perform the add alternative #2 work described in the specifications and shown on the plans for the following add alternative #2 contract price: $__________________ .

00300-3

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

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

Chapter 30, Section 39M, as amended.

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

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

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

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

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

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

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

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

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

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

(attach supplementary list if necessary)

00300-4

3. The bidder is requested to state below what work of a similar character to that included in the proposed contract he has done, and give references that will enable the Owner to judge his experience, skill and business standing (add supplementary page if necessary).

Completion Project Contract Design Reference Telephone

Date Name Amount Engineer Name No.

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

00300-5

Bank reference _____________________________________

(Name)

(Bank)

(Address)

(Telephone No.)

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

The undersigned Bidder hereby certifies under penalties of perjury, as follows: (1) that he/she is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed in the work; (2) that all employees to be employed at the worksite will have successfully completed a course in construction safety and health approved by the

United States Occupational Safety and Health Administration that is at least 10 hours in duration at the time the employee begins work and who shall furnish documentation of successful completion of said course with the first certified payroll report for each employee; and (3) that all employees to be employed in the work subject to this bid have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health

Administration that is at least 10 hours in duration.

The undersigned certifies under penalties of perjury that this bid is in all respects bona fide, fair and made without collusion or fraud with any other person. As used in this paragraph the word “person” shall mean any natural person, joint venture, partnership, corporation or other business or legal entity.

The undersigned bidder hereby certifies, under pains and penalties of perjury, that the foregoing bid is based upon the payment to laborers to be employed on the project of wages in an amount no less that the applicable prevailing wage rates established for the project by the

Massachusetts Department of Labor and Workforce Development. The undersigned bidder agrees to indemnify the awarding authority for, from and against any loss, expense, damages, actions or claims, including any expense incurred in connection with any delay or stoppage of the project work arising out of or as a result of (1) the failure of the said bid to be based upon the payment of the said applicable prevailing wage rates or (2) the failure of the bidder, if selected as the contractor, to pay laborers employed on the project the said applicable prevailing wage rates.

00300-6

Respectfully submitted:

Date: ______________ By: _____________________________

(Signature)

(Type Name of Bidder)

(Title)

(Business Address)

(City and State)

(Telephone Number

00500-1

SECTION 00500

AGREEMENT

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

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

_______________, County of

_______________________, and State of __________________________, hereinafter called

"CONTRACTOR."

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

hereinafter called the project, for the sum of __________________

_________________________________________________________________ Dollars

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

CONDITIONS, Section 00750 SUPPLEMENTARY GENERAL CONDITIONS and Section

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

*Strike out inapplicable term.

00500-2

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

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

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

00700 GENERAL CONDITIONS.

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

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

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

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

Massachusetts General Laws.

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

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

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

00500-3

AGREED:

Town of __________, Massachusetts

(Owner)

By_______________________________________

(Contractor)

By_______________________________________

(Address)

Approved as to Form:

By__________________________

(Owner's Counsel)

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 therefor and that the _____________ has been authorized to execute the contract and approve all requisitions and change orders.

By__________________________

(Owner's Accountant)

00500-4

00500-5

CERTIFICATE OF VOTE

(to be filed if Contractor is a Corporation)

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

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

(Name of Corporation)

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

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

VOTED: To authorize and empower

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

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

By:________________________________

(Secretary of Corporation)

A True Copy:

Attest:_________________________________

(Notary Public)

My Commission Expires:__________________

(Date)

00500-6

CERTIFICATIONS REQUIRED BY LAW

FOR PUBLIC CONSTRUCTION CONTRACTS

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

TAX COMPLIANCE

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

NON-COLLUSION

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

PUBLIC CONTRACTOR DEBARMENT

The undersigned certifies under penalty of perjury that the below named contractor is not presently debarred from doing public construction work in the commonwealth under the provisions of section twenty-nine F of chapter twenty-nine, or any other applicable debarment provisions of any other chapter of the General Laws or any rule or regulation promulgated thereunder.

OSHA TRAINING

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

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

(2) All employees to be employed at the worksite will have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health Administration that is at least

10 hours in duration at the time the employee begins work and they shall furnish documentation of successful completion of said course with the first certified payroll report for each employee; and

(3) All employees to be employed in the work subject to this contract 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.

COMPLETE AND SIGN BELOW:

Authorized Person’s Signature Date

Print Name & Title of Signatory

Name of Contractor

00610-1

SECTION 00610

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS: That we ___________________________

(Name of Contractor) a ___________________________________________ hereinafter called “Principal” and

(Corporation, Partnership, Joint Venture or Individual)

______________________________of ______________, State of ______________________

(Surety) (City & State)

_________________________ 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 City/Town of _______________, Massachusetts, hereinafter called

"Owner", in the penal sum of

______________________________________________________ Dollars

($______________________) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, 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___ (the “Construction Contract”), for the construction described as follows: ___________

NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of the Construction 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 the Construction 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 Surety’s obligation under this Bond shall arise after (1) the Owner has declared the Principal in default of the Construction Contract or any provision thereof or (2) has declared that the Principal has failed, or is otherwise unable or unwilling, to execute the work consistent with, and in conformance to, the Construction Contract (collectively referred to as a “Contractor Default”). The determination of a Contractor Default shall be made solely by the Owner. The Owner need not terminate the Construction Contract to declare a

Contractor Default or to invoke its rights under this Bond.

00610-2

When the Surety’s obligation under this Bond arises, the Surety, at its sole expense and at the consent and election of the Owner, shall promptly take one of the following steps: (1) arrange for the Principal to perform and complete the work of the Construction Contract: (2) arrange for a contractor other than the Principal to perform and complete the work of the Construction

Contract; (3) reimburse the Owner, in a manner and at such time as the Owner shall decide, for all costs and expenses incurred by the Owner in performing and completing the work of the

Construction Contract. Surety will keep Owner reasonably informed of the progress, status and results of any investigation of any claim of the Owner.

If the Surety does not proceed as provided in this Bond with due diligence and all deliberate speed, the Surety shall be deemed to be in default of this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner.

After the Surety’s obligation under this Bond arises, the Surety is obligated, to the limit of the amounts of this Bond, for (1) the correction of defective work and completion of the

Construction Contract; (2) additional design, professional services, and legal costs, including attorneys’ fees, resulting from the Contractor Default or from the default of the Surety under this

Bond; (3) any additional work beyond the Construction Contract made necessary by the

Contractor Default or default of the Surety under this Bond; (4) indemnification obligation of the

Principal, if any, as provided in the Construction Contract; and (5) liquidated damages as provided in the Construction Contract, or if none are so specified, actual and foreseeable consequential damages resulting from the Contractor Default or default of the Surety under this

Bond.

Any proceeding, legal or equitable, under this Bond shall be instituted in any court of competent jurisdiction in the Commonwealth of Massachusetts.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Construction 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 the Construction Contract or to the work or to the specifications.

00610-3

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

______________________________ By ______________________________

(Principal Secretary)

(Address-Zip Code)

______________________________ (SEAL)

Witness as to Principal

Surety

(Attorney-in-Fact)

______________________________ (SEAL)

Witness as to Surety

NOTE: Date of Bond must not be prior to date of Contract. If Contractor is a

Partnership, all partners should execute Bond.

00620-1

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 ______________________________ 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 City/Town of _________________, Massachusetts, hereinafter called "Owner", in the penal sum of ______________________________________________

Dollars

($___________________) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, 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___, 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.

00620-2

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__.

Surety

(Attorney-in-Fact)

______________________________ (SEAL)

Witness as to Surety

NOTE: Date of Bond must not be prior to date of Contract. If Contractor is a

Partnership, all partners should execute Bond.

00620-3

SECTION 00700

GENERAL CONDITIONS

Insert EJCDC No. C-700 (2007 edition)

00800-1

SECTION 00800

SUPPLEMENTAL CONDITIONS

Page

1. Supplementary General Conditions to EJCDC No. C-700, 2007 Edition

2. Prevailing Wage Rates

3. Insurance Requirements

Attachment A - Wage Rates and Certificate of Compliance

00800-2

AMENDING THE STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION

CONTRACT PREPARED BY ENGINEERS JOINT CONTRACT DOCUMENTS

COMMITTEE

(EJCDC NO. C-700, 2007 EDITION)

(Sub) Paragraph

No.

2.01B Delete this paragraph and substitute the following:

Before any Work at the Site is started, CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which OWNER or any additional insured may reasonably request) which CONTRACTOR is required to purchase and maintain in accordance with Article 5.

2.03 Delete the last sentence.

3.02A.1 Delete the phrase starting “shall mean” through the end of this sentence and substitute the following:

shall mean the standard, specification, manual, code, or Laws or

Regulations in effect and applicable at the time in question, except as may be otherwise specifically stated in the Contract Documents.

3.03A.3 Delete this paragraph and replace with the following:

CONTRACTOR shall be liable to OWNER or ENGINEER for failure to report any such conflict, error, ambiguity or discrepancy if CONTRACTOR knew or reasonably should have known thereof.

4.01A Delete the last sentence.

4.01B Delete this subparagraph in its entirety.

4.03C.3 Delete this subparagraph in its entirety.

4.04B.2 Delete the phrase “or not shown or indicated with reasonable accuracy” following the word “indicated.” Delete the last sentence.

4.06C Add the following to the first sentence: “unless CONTRACTOR caused or contributed to such Hazardous Environmental

Condition.”

00800-3

4.06D Delete the last sentence.

4.06E Delete the last sentence.

4.06F Delete the second sentence.

4.06G Delete this subparagraph in its entirety.

4.06H Delete the last sentence.

5.03B Delete this subparagraph in its entirety.

5.04B.7 Insert the following new subparagraph:

7. “all coverage shall be written on an occurrence basis.

5.06A Delete this subparagraph in its entirety and substitute the following:

Owner may, in its discretion, purchase and maintain property insurance upon the Work at the Site.

5.06B Delete this subparagraph in its entirety.

5.06D Delete this subparagraph in its entirety and substitute the

The risk of loss within any identified deductible amount will be borne by CONTRACTOR, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser’s own expense.

5.07A Delete all text after the first sentence.

5.07B Delete this subparagraph in its entirety.

5.07C Delete this subparagraph in its entirety.

5.08 Delete this paragraph in its entirety.

5.09 Delete this paragraph in its entirety.

5.10 Delete this paragraph in its entirety and substitute the following:

OWNER may occupy or use a portion of the Work prior to

Substantial Completion.

00800-4

6.05A Add the following to the second sentence “, and in accordance with

G.L. c.30, §39M.”

6.06F Insert the following at the beginning of this subparagraph:

“Except as required by and indicated in the specifications and contract documents pursuant to G.L. c.149, §44F,”

6.07A Delete the second sentence.

6.09C Delete the last sentence.

6.13E Delete the text in parentheses at the end of the first sentence.

6.20A Delete the parenthetical phrase “(other than the Work itself).”

6.20.A Change the phrase “negligent act or omission” to “negligent or wrongful act or omission.”

7.01.A.2 Delete this subparagraph in its entirety.

7.01.B Delete the last sentence.

7.02 Delete this paragraph in its entirety.

8.02 Delete the phrase “to whom CONTRACTOR makes no reasonable objection.”

8.07 Delete this paragraph in its entirety.

8.09 Insert the following after the first sentence: “However, the

OWNER shall have the right to direct the CONTRACTOR to perform the Work according to any sequence schedule set forth in the Contract Documents or established pursuant thereto.”

9.02B Insert the following at the end of this subparagraph: “However, the

ENGINEER shall have the right to direct the CONTRACTOR to perform the Work according to any sequence schedule set forth in the Contract Documents or established pursuant thereto.”

9.03 Delete the last sentence.

9.04 Delete the last sentence.

9.08C Delete the final phrase “subject to the provisions of paragraph

10.05.”

9.09B Insert the following after the first sentence:

00800-5

“However, the ENGINEER shall have the right to direct the

CONTRACTOR to perform the Work according to any sequence schedule set forth in the Contract Documents or established pursuant thereto.”

10.03A.3 Delete this subparagraph in its entirety.

11.01A.5 Delete subparagraphs a, b, d, e, f, g, and h.

11.02 Delete this paragraph in its entirety.

12.01B.3 Delete the last phrase “(determined as provided in paragraph

12.01.C).”

12.01C.2 Delete this subparagraph in its entirety.

12.03B Delete this subparagraph in its entirety.

12.03F Insert the following new subparagraph:

3. Delays caused by or within the control of the OWNER. In such event, the CONTRACTOR’S sole remedy shall be an extension of the Contract Time. Notwithstanding anything to the contrary in the Contract Documents, Contractor shall not be eligible for any increase in the Contract Price/Sum on account of any delay in the work, no matter by whom such delay is caused, and Contractor shall make no claim for such an increase, whether such claim is styled as a claim for delay damages, acceleration of work, loss of production, or otherwise.

13.01 Delete the word “Prompt” at the beginning of the subparagraph.

13.03F Delete the balance of this subparagraph after the words

“CONTRACTOR’s expense.”

13.04D Delete this subparagraph in its entirety.

13.08 Delete the fourth sentence.

13.09C Delete the second sentence.

14.02A.1 Delete the first phrase prior to the words, “Contractor shall” and substitute in place thereof the following: “On a monthly basis and in accordance with G.L. c.30, §39G,”.

14.02A.3 Delete this subparagraph and substitute the following: “Retainage shall be in accordance with G.L. c.30, §39G.

14.02C Delete this subparagraph and substitute the following:

00800-6

Payment shall be made in accordance with G.L. c.30, §39G.

14.02D.2 Delete the words “immediate” and “promptly”.

14.02D.3 Delete this subparagraph in its entirety.

14.04C Delete the third sentence and substitute the following:

“OWNER shall review the tentative certificate and make written objection to ENGINEER as to any provisions of the certificate or attached list.”

Delete the phrase “within 14 days after submission of the tentative certificate to OWNER” in the fourth sentence. Delete the phrase

“within said 14 days” in the fifth sentence.

14.05 Delete the phrase “subject to the following conditions” at the end of the first sentence and delete subparagraphs 1 and 2 in their entirety.

14.07B.1 Delete the phrase “within ten days after receipt of the final

Application for Payment,” in the first sentence.

14.07C Delete this subparagraph in its entirety and substitute the

Final payment shall be made in accordance with G.L. c.30, §39G.

14.09A.1 Delete this subparagraph in its entirety.

15.01 Delete this subparagraph in its entirety and substitute the

OWNER may suspend the work or any portion thereof in accordance with G.L. c.30, §39O.

15.03A Delete from subparagraph 1 the phrase “including fair and reasonable sums for overhead and profit on such Work;” and from subparagraph 2 the phrase “plus fair and reasonable sums for overhead and profit on such expenses”; and delete…