1. IFB Furnish and Install Audio and Video at Harmony Hall Final~2.pdf

Invitation for Bid

Furnish and install Audio and Video Equipment

Harmony Hall

1660 Lakeview Avenue

Dracut, MA 01826

Invitation for Bid Available: Wednesday, December 16, 2020

Site Visit: Tuesday, December 22, 2020 @ 11:00 a.m.

Questions due: Monday, December 28, 2020 @ 2:00 p.m.

Deadline to Submit Bids: Wednesday, January 13, 2021 @ 11:00 a.m.

Please note: If you download the IFB from the Town Website or any third party webiste, it is your responsibiliy to check back for any addendum which may be issued.

https://www.dracutma.gov/

Scope of Services

1. Purpose

The purpose and intent of this document is to procure construction services to furnish and install audio and video equipment at Harmony Hall, 1660 Lakeview Avenue

Dracut, MA 01826.

2. Description of Work

Installation of attached materials. (Appendix C)

1. Remove existing cameras, controller, audio snake, speakers, wireless mic., mixers, tube monitors, multiplexor, switcher, unused rack shelves, and mounting hardware.

2. Use existing power strips.

3. Install PTZ cameras at customer specified locations – all wiring goes down to basement.

4. PTZ cameras will be roughly, where the existing cameras are now.

5. Assist customer to determine the best locations for cameras.

6. Configure cameras for best image quality in a variety situation.

7. Cameras will mount on walls with wall mount brackets.

8. Speaker Install: Two speakers to face stage area to allow people speaking at the stage area to hear other people speaking into microphones. The four other speakers are for filling sound in the rest of the room and will be placed on the side walls and spaced out going toward the entrance. Due to the size of the room, two speakers on each side are necessary to provide optimal coverage.

9. Assemble new workstation desk. Install new audio mixers, PTZ controller and camera switcher control surface in the rack space on the desk.

10. Condense the equipment from two racks into one from current multiple equipment racks.

Remove unused rack for customer to repurpose or dispose of.

11. Install new HD Laser Projector at the back of the hall, near the entrance. Projector will sit on a custom designed shelf that will be securely mounted to the wall. Vendor to provide the shelf for the projector, will be 24”x24”, made of stainless steel. The projector will include a long throw HD lens. Customer to have outlet installed within six feet of the projector.

12. Install large, motorized screen at the stage area just inside the façade on at front of stage to be mounted with L brackets securely fastened to the façade with anchors and toggle bolts. Customer to install electrical outlet within six feet of left side of screen..

13. Vendor to provide and install, Install Click Share – wireless to screen presentation system. This device will live on top of the projector and will provide users with access to project images from computers and other devices to the projector screen.

14. Full system test upon completion of installation. Provide two training sessions to equipment users and staff.

15. All materials needed for installation must be included in price.

16. Vendor to due their best to not create holes that are not necessary. Use existing holes/penerations that are already in place.

All work must be completed by March 1, 2021.

Dracut Access Television will provide high-speed internet as needed.

3. Administrative Requirements

The contractor shall coordinate all work with the Project Manager designated by the Dracut Town Manager regarding phasing, staging, storage of materials and schedule.

The contractor shall be responsible to schedule work in a manner necessary to work within optimum temperatures and humidity levels and protect partially complete work from inclement weather.

The Contractor shall be capable of providing the highest quality of service, performed by employee(s) who are trained to provide the necessary services proposed. The Contractor shall also be responsible for providing competent supervision of all work.

The Contractor shall furnish all equipment, appliances, materials, labor, and supervision unless otherwise specified for performing all operations needed for work.

4. Quality Assurance/Guarantee of Work

Regulatory Requirements: the Contractor shall comply with all local, state and federal authorities having jurisdiction with laws. Contractor is responsible for any required permits.

Qualifications: A firm or individual with experience in audio and video production installations.

Guarantee of Work: The Contractor shall guarantee all corrective work performed on the equipment and structures for a period of one year from the date of completion of said work. All materials and parts used shall carry the

Manufacturer’s Warranty period where applicable. Warranties shall be presented to the appropriate town department. Should work performed fail after one year but within the manufacture warranty period, the Contractor shall be eligible for reimbursement of labor costs only for repair of problem; the Town will be responsible for obtaining back charges from the Manufacturer for this type of repair.

5. Working Conditions/Requirements.

Safety of Staff and Protection of Personal Property: The Contractor shall take all necessary safety precautions for the protection of staff in accordance with OSHA guidelines. Violations of OSHA guidelines by contractors are a fineable offense by the Town and/or OSHA and subject to contract termination, as deemed appropriate by the Town.

The Contractor shall be responsible for protection of all personal and Town property. Town owned property damaged in the performance of the work shall be repaired by the Contractor at no cost to the Town of Dracut.

Wages/Payroll Taxes: This contract is subject to Massachusetts Prevailing Wage

Law and the contractor is responsible for all applicable wages as well as State, Federal, Social Security and Unemployment taxes and agrees to indemnify and protect the Town against such liability.

DEFINITION OF TERMS:

“IFB” invitation for bid

“Bidder” an individual or business submitting a bid to the Town of Dracut

“Contractor” one who contracts to perform work or furnish materials in accordance with a contract

INSTRUCTIONS TO BIDDERS:

1. The Town of Dracut reserves the right to reject any or all bids, to waive or not waive informalities or irregularities in bids or bidding services the bid determined to be in the best interest of the Town.

2. Bids that are incomplete, not properly endorsed, or signed, will be rejected as informal.

Conditional bids will not be accepted.

3. All bids must be accompanied by a bid security of cash or certified check, Treasurer’s or

Cashier’s check by a responsible bank or trust company, or bid bond payable to the Town of Dracut in the amount of five percent (5%) of the total bid.

4. Any bid withdrawn after time and date specified, the bidder shall forfeit deposit on bid as liquidated damages.

5. The selected Contractor will be required to provide a payment bond in the amount of fifty percent (50%) of the total contract price.

6. DCAMM certification is NOT required.

7. Bids should be prepared simply and economically providing straight-forward, concise description of the contractor’s ability to meet the requirements of the IFB. Proposals shall be written in ink or typewritten. No erasures are permitted. Mistakes may be crossed out and corrected, but must be initiated by the person signing the bid.

8. Faxed or emailed bids will not be accepted.

9. Responses to the IFB must be sealed and should be clearly marked “Furnish and Install

Audio and Video @ Harmoney Hall” and contain all required documentation. Bids will not be returned to bidders.

10. An IFB is only complete if the following is enclosed:

a. Signed Certificate of Tax Compliance (Appendix A)

b. Signed Certificate of Non-Collusion (Appendix A)

c. Signed Statement of Compliance to Employment Laws (Appendix A)

d. Bid Form (Appendix B)

e. Labor & Harmony OSHA Compliance (Appendix B)

f. Payment of Bid Security

g. Profile and History of Company

11. The award will be made to the responsive, responsible bidder offering the lowest price.

The selected Contractor shall execute a contract with the Town, in the form as attached hereto as Appendix C.

BIDDING TIMELINE:

All bids must be complete and in possession of the Town of Dracut by Wednesday, January 13, 2021 at 11:00 am., at which time they will be publicy opened.

Bids will not be accepted via email. Bids must be submitted, in a sealed envelope, clearly marked “Furnish and install audio and video equipment” to the following address:

Town of Dracut

62 Arlington Street

Dracut, MA 01826

Attn: Barbara O'Connor, Purchasing Agent

APPENDIX A

CERTIFICATE OF NON-COLLUSION

The undersigned certifies under penalties of perjury that this bid or proposal has been made and submitted in good faith and without collusion or fraud with another person. As used in this certification, with word “person” shall mean any natural person, business, organization, entity, or group of individuals.

Signature of Bidder/Authorized Representative

Name of Contractor

CERTIFICATE OF TAX COMPLIANCE

Pursuant to Chapter 62C of Massachusetts General Laws, Section 49A (b),1, ________________________________________, authorized signatory for

________________________________________, do hereby certify under the pains and penalties of (Name of Contractor) _______________________perjury that said contractor has complied with all laws of the Commonwealth of Massachusetts, Town of Dracut relating to taxes.

Signature of Bidder/Authorized Representative

Title

Date

COMPLIANCE TO EMPLOYMENT LAWS

The Contractor agrees to abide by all Federal and State Employment laws, including but not limited to, U.S. Code: Title 8 Subsection 1324(a) - Unlawful Employment of Aliens. The

Contractor acknowledges that the failure to comply with applicable laws could result in the revocation or suspension of the contract.

Signature of Bidder/Authorized Representative

APPENDIX B

DOCUMENT 00310

FORM FOR GENERAL BID

To the Awarding Authority:

A. The Undersigned proposes to furnish all labor and materials required for the Audio and

Video Project in the Town of Dracut, Massachusetts, in accordance with the accompanying plans and specifications prepared by Dracut Access Television for the contract price specified below, subject to additions and deductions according to the terms of the specifications.

B. This bid includes addenda numbered ________, __________, __________, and ______.

C. The proposed contract price is ______________________________ dollars ($________________).

For alternate No.__________ Add $__________; Subtract __________

D. The subdivision of the proposed contract price is as follows:

Item 1. The work of the general contractor, being all work other than that covered by

Item 2. $_______________________________

Item 2. Sub-bids as follows:—

E. The undersigned agrees that each of the above-named sub-bidders will be used for the work indicated at the amount stated, unless a substitution is made. The undersigned further agrees to pay the premiums for the performance and payment bonds furnished by sub-bidders as requested herein and that all of the cost of all such premiums is included in the amount set forth in Item 1 of this bid.

F. The undersigned agrees that if he is selected as general contractor, he will promptly confer with the awarding authority on the question of sub-bidders; and that the awarding authority may substitute for any sub-bid listed above a sub-bid filed with the awarding authority by another sub-bidder for the sub-trade against whose standing and ability the undersigned makes no objection; and that the undersigned will use all such finally selected sub-bidders at the amounts named in their respective sub-bids and be in every way as responsible for them and their work as if they had been originally named in this general bid, the total contract price being adjusted to conform thereto.

G. 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 50% 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.

H. 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.

I. The undersigned further certifies under the penalties of perjury that this bid is in all respects bona fide, fair and made without collusion or fraud with any other person. As used in this subsection the word ''person'' shall mean any natural person, joint venture, partnership, corporation or other business or legal entity. The undersigned further certifies under penalty of perjury that the said undersigned is not presently debarred from doing public construction work in the commonwealth under the provisions of section twenty-nine F of chapter twenty-nine, or any other applicable debarment provisions of any other chapter of the General Laws or any rule or regulation promulgated thereunder.

Date ____________________

(Name of General Bidder)

By ________________________________

(Name of Person Signing Bid and Title)

(Business Address)

(City and State)

Appendix C

Qty. Make Model Description

1 Datavideo SE2850 8 Input HD/SDI + HDMI Multi-Format Switcher

5 Lumens VC-A50PN 20x Zoom Full HD/NDI PTZ Camera

4 Sonance PS-S63T 6" Surface Mounted Speaker

2 Sonance PS-S43T 4" Surface Mounted Speaker

1 Crown Cdi-1000 2 Zone 70v Audio Amp

2 Shure SLXD24/SM58 Digital Wireless Handheld Microphone

1 Vaddio 999-5750-000 Precision Premier PTZ Controller

1 Dalite COS-70279 160" x 100" Motorized Wall Mount Screen

1 Vivitek DU-7095Z 6500 Lumen Full HD Laser Projector

1 Vivitek Long Zoom Lens Long Throw Zoom Lens for Projector

1 AAV PSHSS-W Projector Shelf

5 Vaddio WLBRKT Wall Mount Bracket for Cameras

1 Barco CSE-200 Click Share Wireless to Screen Presentation System

1 C2G 29306 Wired TX/RX HDMI+VGA Presentation System (optional)

2 Samsung UN43TU7000 43" UHD TV (control room)

1 Samsung NU530032HD 32" TV (program control room)

1 Middle Atlantic MDV-DSK 48" Workstation AV Desk

1 AAV FMM-BCJ Full Motion Wall Mount

2 Shure SCM-820DAN 8 Channel Digital Audio Mic Mixer

8 Shure MX418 D/C 18" Gooseneck Desktop Mic

1 Atomos Ninja V ProRes Hard Disk Recorder

1 Datavideo NVS33 HD Streaming/Recording Hardware (optional)

1 OWC Extreme Pro 6G SSD 480GB SSD Drive

1 Luxul AMS-1208P POE Gigabit Switch

2 ART S8 8 Channel Microphone Splitter

1 Samsung NU690055UHD 55" UHD TV

2 AAV BCJ3900 Tilting Wall Mount for Control Room TV

1 AAV BCJ8588 Full Motion Wall Mount for 32" TV (control room)

1 AAV B0791YF5YK Rolling TV Cart for 32-70" screens

1 AAV Converters/Extenders Converters/Extenders/Format Changer/Etc

1 AAV Hardware Screen Mounting/Nuts/Bolts/Wire/Chain/Etc

1 Cables+Connectors Various RG6/CAT6/HDMI/AV/Audio

Installation -prevailing wages

F.O.B. * Pricing must including delivery*

*Approved equal will be accepted* Approval will be determined by the Town.

DOCUMENT 00700

AGREEMENT

THIS AGREEMENT, made this ______ day of ____________________, 202__ by and between the party of the first part, the Town of ______________, Massachusetts hereinafter called

“OWNER” or “AWARDING AUTHORITY”, acting herein through its _________________, and the party of the second part, __________________________________________________, doing business as a corporation located in the City/Town of _____________________, County of

___________, State of _________________________, hereinafter called the “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:

Furnish and install audio and video equipment (according to the attached material list and scope of work) hereinafter called the “PROJECT” for the sum of

_______________________________________________ Dollars ($______________________)

The Contract Sum includes incorporation into the Contract of

Alternate(s)____N/A_______________ as described in Section ___N/A____, ALTERNATES of the Specifications 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 Document 00310, FORM FOR GENERAL BID; Document 00800, GENERAL CONDITIONS and all CONTRACT REQUIREMENTS and GENERAL

REQUIREMENTS, as listed in the PROJECT MANUAL the plans, which include all maps, plates, blue prints [Document No. and names of documents here], and the specifications and Contract

Documents as prepared by the OWNER all of which are attached hereto and incorporated by reference herein in their entirety.

The undersigned CONTRACTOR agrees to commence work on the Contract on or before the

_______________ (___th) day following the Notice of Award and to thereafter diligently and continuously carry out the work in such manner as to fully complete all the different elements of the work within __________________ (______) days thereafter.

The CONTRACTOR further agrees to pay as liquidated damages the sum of _______ $_____.00

Dollars for each calendar day thereafter as provided in the Liquidated Damages, paragraph

_______ of Document 00800 GENERAL CONDITIONS (and all Addenda) attached hereto, and incorporated by reference herein in its entirety.

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 Commonwealth of

Massachusetts General Laws.

Pursuant to M.G.L. c. 62(c), §49 (a), the individual signing this Agreement on behalf of the

CONTRACTOR hereby certifies, under the penalties of perjury, that to the best of his or her knowledge and belief the CONTRACTOR has complied with any and all applicable state and federal tax laws. The individual signing this Agreement on behalf of the CONTRACTOR further certifies under penalties of perjury that the Contractor is not presently debarred from doing public construction work in the Commonwealth under the provisions of M.G.L. c. 29, § 29F, or any other applicable debarment provisions of any other chapter of the General Laws or any rule or regulation promulgated thereunder and is not presently debarred from doing public construction work by any agency of the United States Government.

The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions, as provided in Document 00800, GENERAL

CONDITIONS, and to make payments on account thereof as provided therein.

IN WITNESS WHEREOF, the parties to these presents have executed this contract in two

(2) counterparts, each of which shall be deemed an original, on the year and day first above mentioned.

AGREED: OWNER: TOWN OF __________, MASSACHUSETTS

by its _________________________________

By: ______________________________________

CONTRACTOR: ______________________________________

(Name of Company)

By: ______________________________________

(Name)

(Title)

(Address)

(City and State)

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:______________________________

(Town Treasurer)

DOCUMENT 00800

GENERAL CONDITIONS

1.0 GENERAL PROVISIONS

1.1 Definitions.

1.1.1 Awarding Authority. Where the term “Awarding Authority” appears in any statutory provision, it shall mean “the Owner.”

1.1.2 Contracting Officer. The term “Contracting Officer” shall mean the town official so designated below, or the individual duly appointed by him for the performance of any of his functions or responsibilities under this Contract. The

Work shall be carried out under the direction and subject to the approval and acceptance of the Town of Dracut’s Project Manager, (hereinafter called the

Contracting Officer).

1.2 Scope of the Work. The Work comprises the completed project described in the

Contract Documents and includes all labor, professional services, transportation, tools, materials, supplies, equipment, permits, approvals, documents, calculations, submittals, and certificates necessary to develop, perform, construct and complete the project in accordance with all applicable laws, ordinances, and regulations, and in accordance with the Contract Documents.

1.3 Interpretation. The Plans and Specifications and other Contract Documents are to be considered together and are intended to be mutually complementary, so that any work shown on the Plans though not specified in the Specifications, and any work specified in the Specifications though not shown on the Plans, is part of the Work to be performed by the Contractor.

1.4 Written Authorization. Actions taken, and approvals and decisions made by the

Owner under this Contract require the prior approval and signature of the Contracting

Officer. These include, but are not limited to, the following: changes in the Contract

Price, time for completion, or any other provision of this Contract; written orders, notices, and approvals given by the Contracting Officer pursuant to the Contract

Documents or pursuant to any laws applicable to this Contract, including approval of

“or equal” submissions; issuance of stop work orders; approval of Contractor’s applications for payment; and termination of the Contract. Work undertaken by the

Contractor not authorized by the Contracting Officer’s signature prior to the start of such work shall be considered unauthorized work and shall not entitle the Contractor to any extra payment. The Contractor shall perform, at its own expense, corrective measures required by the Owner due to any failure to obtain prior approval for any item of work.

1.5 Contractor's General Duties. The Contractor shall perform the Work in a competent manner in accordance with the Contract Documents and all applicable laws. The Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences and procedures, and coordination of all portions of the Work under this Contract. The Contractor shall provide and perform for the Contract Price all of the duties and obligations set forth in the Contract Documents. Except as otherwise specified in this Contract, it is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable Laws. However, if the Contractor observes that portions of the Contract Documents are at variance with legal requirements, the Contractor shall promptly notify the Owner of that fact in writing. If the Contractor performs

Work knowing it to be contrary to legal requirements, the Contractor shall be liable for all damages caused thereby, including the cost of correcting the Work.

1.6 Sales Tax Exemption and Other Taxes. To the extent that materials and supplies are used or incorporated in the performance of this Contract, the Contractor is considered an exempt purchaser under the Massachusetts Sales Act, Chapter 14 of the Acts of 1966. The Contractor shall pay all taxes and tariffs of any sort related to the Work, subject to the applicable exemptions.

1.7 Permits, Fees and Notices. The Contractor shall secure and pay for all permits and governmental fees, licenses, and inspections necessary for proper execution and completion of the Work. The Contractor shall coordinate all efforts required to obtain these permits unless otherwise directed in writing by the Owner. The

Contractor shall comply with and give notices required by laws, ordinances, rules, regulations, codes, and lawful orders of public authorities bearing on the performance of the Work.

1.7 Safety Requirements. The Contractor shall comply with all Federal, State, and local safety laws and regulations applicable to the Work.

1.8 Minimum Wage Rates. The Contractor shall comply with M.G.L. c. 149, §§ 26- 27H.

The wage schedule found in Exhibit A to the Instructions to Bidders lists the minimum wage rates that must be paid to all workers employed in the Work throughout the term of this Contract, subject to the exceptions provided in M.G.L c.149, §§ 26-27H. The Owner is not responsible for any errors, omissions, or misprints in the said schedule. The

Contractor shall not have any claim for extra compensation from the Owner arising from the fact that the actual wages paid to workers employed in the Work exceed the rates listed on the schedule or as otherwise provided by law. The Contractor shall cause a copy of the schedule to be posted in a conspicuous place at the Site during the term of the Contract. If reserve police officers are employed by the Contractor, they shall be paid the prevailing wage of regular police officers. (See M.G.L c. 149, § 34B).

1.9 Corporate Disclosures. The Contractor, if a foreign corporation, shall comply with

M.G.L. c. 181, §§ 3 and 5, and M.G.L. c. 30, § 39L.

1.10 Safety Requirements; OSHA Training [M.G.L. c. 30, s. 39S]. The Contractor shall comply and shall cause all subcontractors and persons employed on the Work to comply with all applicable safety requirements. By executing this contract the

Contractor hereby certifies 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 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. Any employee found on a worksite subject to this section without documentation of successful completion of 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 shall be subject to immediate removal.

1.11 Payroll Records and Statement of Compliance. The Contractor shall comply and shall cause its subcontractors to comply with Massachusetts General Law c. 149, §

27B, which requires that a true and accurate record be kept of all persons employed on a project for which the prevailing wage rates have been provided. The

Contractor and all Subcontractors shall keep these records and preserve them for a period of six years from the date of completion of the Contract. Such records shall be open to inspection by any authorized representative of the Owner at any reasonable time, and as often as may be necessary. The Contractor shall, and shall cause its subcontractors to, submit weekly copies of their weekly payroll records to the Owner. In addition, the Contractor and each Subcontractor shall furnish to the

Executive Department of Labor within fifteen days after completion of its portion of the Work a signed statement in the form required by the Owner.

1.12 Workforce Qualifications. The Contractor shall: (i) employ competent workers;

(ii) enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Work; (iii) not permit employment of unfit persons or persons not skilled in tasks assigned to them. Whenever the Contracting Officer shall notify the Contractor in writing that any worker is, in the Contracting

Officer’s opinion, incompetent, unfaithful, disorderly, or otherwise unsatisfactory, such employee shall be discharged from the Work and shall not again be employed on the Work except with the consent of the Contracting Officer.

1.13 Non-Discrimination in Hiring and Employment. By signing this Contract the

Contractor hereby certifies under the pains and penalties of perjury that the

Contractor currently complies with and will continue to comply with all federal and state laws, rules and regulations promoting fair employment practices or prohibiting employment discrimination and unfair labor practices and shall not discriminate in the hiring of any applicant for employment nor shall any qualified employee be demoted, discharged or otherwise subject to discrimination in the tenure, position, promotional opportunities, wages, benefits or terms and conditions of their employment because of race, color, national origin, ancestry, age, sex, religion, disability, handicap, sexual orientation or for exercising any rights afforded by law.

1.14 Veterans Preference. In the employment of mechanics and apprentices, teamsters, chauffeurs, and laborers in the performance of Work in the Commonwealth, preference shall first be given to citizens of the Commonwealth who have been residents of the

Commonwealth for at least six months at the commencement of their employment and who are veterans as defined M.G.L. c. 4, § 7 (34), and who are qualified to perform the work to which the employment relates and, within such preference, preference shall be given to service-disabled veterans; and secondly, to citizens of the Commonwealth generally who have been residents of the Commonwealth for at least six months at the commencement of their employment, and if they cannot be obtained in sufficient numbers, then to citizens of the United States.

1.15 Weekly or Biweekly wage payments [M.G.L. c. 149, § 148]. The Contractor shall comply with, and shall cause its Subcontractors to comply with M.G.L. c. 149, §

148, which requires the weekly or biweekly payment of employees within six days of the end of the pay period during which wages were earned if employed for five or six days of a calendar week, and within other periods of time under certain circumstances as set forth therein.

1.16 Labor Harmony [M.G.L. c. 30, s. 39S]. By executing this contract the Contractor hereby certifies that (1) that 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.

The Contractor shall procure materials from such sources and shall manage its own forces and the forces of its Subcontractors and any sub-subcontractors in such a manner as will result in harmonious labor relations on the site. The Contractor shall cause persons to be employed in the Work who will work in harmony with others so employed. Should the Work be stopped or materially delayed in the Owner’s reasonable judgment due to a labor dispute, the Owner shall have the right to require the Contractor to employ substitutes acceptable to the Owner.

1.17 Risk of Loss. The Contractor shall bear the risk of loss with respect to any of its or its agents’, employees’ or subcontractors’ vehicles, equipment or tools brought onto or left at the worksite and for any materials stored at the worksite.

1.18 CORI Checks. No person shall be given access to the Site without first passing a

Criminal Offender Record Information (CORI) check. Contractor shall provide Owner with proof, satisfactory to Owner, that each employee, agent, contractor, subcontractor and invitee (“Contractor Worker(s)”) that visits the site has passed a CORI check. The

Contractor shall see to it that no Contractor Worker shall perform any Work at the Site if the Owner has objected to such person being at the site based upon information contained in the CORI check. The Contractor shall not allow any Contractor Worker on the site until the Owner has reviewed such worker’s CORI check and has not objected within ten

(10) days after the receipt of the CORI check to such worker being at the site on account of the CORI check, unless the Owner waives such requirement for advance review of a

Contractor Worker’s CORI check prior to that worker entering the site (which waiver shall only be effective as to the Contractor Worker(s) that the Contractor requests the

Owner to provide such waiver in each instance). Notwithstanding the foregoing, the

Contractor shall remain liable for the conduct of its workers, employees, subcontractors, agents and invitees on Site.

2.0 MATERIALS AND EQUIPMENT WARRANTY

Materials and equipment to be installed as part of the Work (both or either of which are hereinafter referred to as “materials”) shall be new, unused, of recent manufacture, assembled, and used in accordance with the best construction practices. The Contractor shall inform itself as to, and shall comply with, the provisions of M.G.L. c. 7, § 23A, as amended.

3.0 PROSECUTION OF THE WORK -- LIQUIDATED DAMAGES

3.1. Beginning, Progress Schedule. The Contract time shall commence upon the date specified in the Notice to Proceed executed by the Contracting Officer and delivered to the Contractor after the execution of this Contract. The Contractor shall begin Work at the Site within ten days of said date unless otherwise ordered in writing by the Owner. Prior to commencing the Work, the Contractor shall meet with representatives of the Owner to discuss the quality assurance program, safety program, labor provisions, progress schedule, schedule of values, and other Contract procedures. Upon Approval by the Contracting Officer, the progress schedule shall constitute the progress schedule for the Work. Upon approval by the Contracting

Officer, the schedule of values shall be the basis for payment for the Work. The

Contractor shall at the end of each month, or more often if required, furnish to the

Owner a schedule meeting the requirements of the Specifications showing the actual progress of the parts of the Work in comparison with the approved progress schedule.

3.2 Time for Completion of Work. Time is of the essence of this Contract. The Work shall be completed within the time specified in Agreement subject only to extensions specifically permitted in accordance with the terms of this Contract.

3.3 Definition of "Substantial Completion." For the purposes of this Contract the term "Substantial Completion" shall occur when (1) the Contractor fully completes the Work or substantially completes the Work so that the value of the Work remaining to be done is, in the estimate of the Owner, less than one percent of the original Contract price, or (2) the Contractor substantially completes the work and the Owner takes possession for occupancy, whichever occurs first. For the purposes of the preceding sentences the term "substantially completes" means that the work required by the Contract has been completed except for minor incomplete or unsatisfactory work items that do not materially impair the usefulness of the

Work.

3. 4 Failure to Complete Work on Time - Liquidated Damages. Because both parties recognize (1) that the time for completion of this Contract is of the essence,

(2) that the Owner will suffer loss if the work is not completed in accordance with the phasing requirements and within the contract time specified, plus any extensions thereof allowed in accordance with the provisions of this Contract, and

(3) that there are significant delays, expense and difficulties associated with a legal proceeding to determine the actual loss suffered by the Owner if the work is not completed on time; therefore, it is agreed that the Contractor will pay the Owner, as liquidated damages, the sum of Five hundred dollars ($500.00) per calendar per day for each and every day thereafter that it fails to deliver such Work completed according to the requirements of the Contract Documents. Such liquidated damages shall be paid not as a penalty, but to partially cover losses and expenses to the

Owner, including intangible costs and losses that are or may be impracticable to ascertain. Allowing the Contractor to continue to finish the work (or any portion of the work) after the time specified for completion of the Work shall not operate as a waiver on the part of the Owner of any of its rights under the Contract Documents or otherwise under law or equity. The Owner’s right to impose liquidated damages shall in no way prohibit or restrict the Owner’s right to bring legal action for damages in lieu of its option to impose liquidated damages from money due the

Contractor, and if such money is insufficient to cover the liquidated damages, then the Contractor shall pay the amount due.

3.5 Collection of Liquidated Damages. The Owner may recover liquidated damages by deducting the amount thereof from any monies due or that might become due the Contractor, and if such monies shall be insufficient to cover the liquidated damages, then the Contractor or the Surety shall pay to the Owner the amount due.

3.6 Owner's Approvals and Interpretations. Decisions by the Owner regarding interpretation of the specifications, approval of equipment, material or any other approval, or progress of the Work, shall be made promptly and, in any event, no later than thirty days after the Contractor's written submission for decision; but if such decision requires extended investigation and study, the Owner shall, within thirty days after the receipt of the submission, give the Contractor written notice of the reasons why the decision cannot be made within the thirty day period and the date by which the decision will be made.

3.7 Extension for Delays Caused by Owner. The only circumstances under which the Contract Price shall be increased due to delays caused by the Owner are those specified in M.G.L. c. 30, § 39O. In all other cases the Contractor shall be entitled neither to increase the Contract Price nor to receive damages on account of any hindrances or delays, avoidable or unavoidable, but if the delay is caused by the

Owner, the Contractor shall be entitled to an extension of time to the extent provided in M.G.L. c. 30, §39O. The Contractor must submit any claim under this paragraph to the Owner in writing as soon as practicable after the end of the

Owner's suspension, delay, interruption or failure to act and, in any event, not later than the date of final payment under this Contract. Except for costs due to a suspension order, the Owner shall not approve any costs in the claim incurred more than 20 days before the Contractor notified the Owner in writing of the act or failure to act or the Owner that gave rise to the claim.

3.8 Owner's Right to Reject Defective Materials and Work. Except as otherwise provided herein, the Owner's inspection of the Work shall not relieve the Contractor of any of its responsibilities hereunder, and defective work shall be corrected. The

Owner may reject unsuitable work, notwithstanding that such work and materials have been previously accepted for payment. If any part of the Work shall be found defective at any time before the final acceptance of the whole Work, the Contractor shall promptly correct such defect in a manner satisfactory to the Owner. If any material brought upon the site for use in the Work shall be rejected by the Owner as not in conformity with the Contract Documents, the Contractor shall promptly remove such materials from the site.

3.9 Substantial Completion of the Work; Final Completion; Owner's Remedies.

When the Work has reached the point of Substantial Completion as shown on

Approved payment request, the Contractor shall assist the Owner in the development of a punch list identifying those items of unfinished or unacceptable

Work that remain to be performed or corrected under the Contract. The Contractor shall complete the lunch list items to final completion within 30 days after the

Owner's approval of the punch list. At any time after the value of the Work remaining to be done is, in the estimation of the Owner, less than 1 per cent of the adjusted Contract price, or the Owner has determined that the Contractor has substantially completed the work and the Owner has taken possession for occupancy, the Owner may send to the Contractor by certified mail, return receipt requested, a complete and final list of all incomplete and unsatisfactory work items, including, for each item on the list, a good faith estimate of the fair and reasonable cost of completing such item. The Contractor shall then complete all such work items within 30 days of receipt of such list or before the Contract completion date, whichever is later. If the Contractor fails to complete all incomplete and unsatisfactory work items within 45 days after receipt of such items furnished by the Owner or before the Contract completion date, whichever is later, subsequent to an additional 14 days' written notice to the Contractor by certified mail, return receipt requested, the Owner may terminate this Contract and complete the incomplete and unsatisfactory work items and charge the cost of same to the

Contractor and such termination shall be without prejudice to any other rights or remedies the Owner may have under this Contract.

4.0 CHANGES IN THE WORK

4.1 Changes within the Scope of the Work. A change order may be issued by the

Owner for changes in the Work within the scope of the Contract, including but not limited to, changes in: (1) the Plans and Specifications; (2) the method or manner of performance of the Work; (3) the Owner-furnished facilities, equipment, materials, services, or Site; or (4) the schedule for performance of the Work. The

Contractor shall immediately perform any change order work that is ordered in writing by the Owner.

4.2. Request for Equitable Adjustment due to Change Order. Whenever a change order is issued by the Owner that will cause a change in the Contractor’s cost or time for performance, the Contractor or the Owner may request an equitable adjustment in the Contract Price or the Contract time. A request for such an adjustment shall be in writing and shall be submitted by the party making such claim to the other party.

4.3. Latent Conditions. If, during the progress of the Work, the Contractor or the

Owner discovers that the actual subsurface or latent physical conditions encountered at the Site differ substantially or materially from those indicated in the

Contract Documents, then either the Contractor or the Owner may request an equitable adjustment in the Contract Price in accordance with M.G.L. c. 30, § 39N.

Likewise if the latent or subsurface physical condition causes a change in the time for performing the Work, either the Contractor or the Owner may request an equitable adjustment of the time for the performance of the Work.

4.4 Computation of Equitable Adjustments. Equitable adjustments in the Contract

Price shall be determined according to one of the following methods, or a combination thereof, as determined by the Owner: (1) fixed price basis, provided that the fixed price shall be inclusive of items described in 4.4.1 below and shall be computed in accordance with that provision; (2) estimated lump sum basis to be adjusted in accordance with Contract unit prices or other agreed upon unit prices provided that the unit prices shall be inclusive of all costs related to such equitable adjustment; (3) time and materials basis to be subsequently adjusted on the basis of actual costs (but subject to a predetermined "not to exceed limit") calculated as follows:

4.4.1 Where the value of work performed directly by the Contractor under an change order is determined either by a lump sum proposal or by actual cost of work as it progresses, the Contractor will be allowed an additional amount of ten percent (10%) of the total cost of work plus an additional amount of two percent (2%) for the cost of bonds and insurance associated with the added work. Where such work is performed by a Subcontractor, the Contractor will be allowed an additional amount of five percent (5%) to the total payment made to the Subcontractor, plus an additional amount of two percent (2%) for the cost of bonds and insurance associated with the added work. The cost of work shall include the cost at the minimum wage rates established for this contract pursuant to M.G.L. c. 149, §§ 26-27H for direct labor, material and use of equipment, plus the cost of workmen’s compensation insurance, liability insurance, federal social security and

Massachusetts unemployment compensation. The cost of work may include the cost of added mobilization, engineering, layout, transit staging/scaffolding, lifting, hoisting, dumpster, handling, cleanup, street sweeping, safety protection, temporary weather protection, temporary heat and utilities, shipping/receiving, construction fences, police barricades and signs; provided, however, that such added costs may be included only to the extent that they are directly attributable to the added work and are properly substantiated as determined by the Owner and Architect, in their discretion.

Mark-up for overhead, superintendence and profit shall include (and no additional payment shall be made for) general conditions, management, supervision coordination, record drawings, small tools/computers, “tools of the trade”, administration, accounting, punch list, O&M manuals, estimator time, schedule updating, and certified payrolls. Contractor and

Subcontractor mark-up of such rates for payroll costs associated FUI, SUI, MUI, worker’s compensation insurance and other direct payroll costs, shall only be calculated on the direct labor rate as computed above and shall not exceed 30%, except that a higher rate may be allowed for subcontractors only to the extent such higher rate is based on actual payroll costs of the subcontractor for which substantiating documentation of how such higher cost is calculated provided, and no other labor cost mark-ups other than those specified above will be allowed.

4.5 Timely Decision by the Owner. In accordance with M.G.L. c. 30, § 39P, “Every contract subject to section thirty-nine M of this chapter or section forty-four A of chapter one hundred forty-nine which requires the awarding authority, any official, its architect or engineer to make a decision on interpretation of the specifications, approval of equipment, material or any other approval, or progress of the work, shall require that the decision be made promptly and, in any event, no later than thirty days after the written submission for decision; but if such decision requires extended investigation and study, the awarding authority, the official, architect or engineer shall, within thirty days after the receipt of the submission, give the party making the submission written notice of the reasons why the decision cannot be made within the thirty day period and the date by which the decision will be made.”

4.6 Work Performed Under Protest. The Contractor must perform any work required by the Owner. If it considers the work to be ‘extra’ and the Owner disagrees, the work must be performed under protest.

5.0 PAYMENT PROVISIONS

5.1 Applications for Periodic Payments. Once each month, on a date established at the beginning of the Work, the Contractor shall deliver to the Owner an itemized

Application for Payment, supported by such data substantiating the Contractor's right to payment as the Owner may require. The application shall reflect a minimum of

5% retainage and shall be subject to, and processed in accordance with, the provisions of M.G.L. c. 30, §39K, which provides:

“Within fifteen days (30 days in the case of the commonwealth, including local housing authorities) after receipt from the contractor, at the place designated by the awarding authority if such a place is so designated, of a periodic estimate requesting payment of the amount due for the preceding month, the awarding authority will make a periodic payment to the contractor for the work performed during the preceding month and for the materials not incorporated in the work but delivered and suitably stored at the site (or at some location agreed upon in writing) to which the contractor has title or to which a subcontractor has title and has authorized the contractor to transfer title to the awarding authority, upon certification by the contractor that he is the lawful owner and that the materials are free from all encumbrances, but less (1) a retention based on its estimate of the fair value of its claims against the contractor and less (2) a retention for direct payments to subcontractors based on demands for same in accordance with the provisions of section thirty-nine F, and less (3) a retention not exceeding five per cent of the approved amount of the periodic payment.