BCC 19-01 Koussevitzky Paver Walkway and Waterproofing IFB.pdf

BERKSHIRE COMMUNITY COLLEGE

PITTSFIELD, MASSACHUSETTS

Invitation for Bids

KOUSSEVITZKY PAVER WALKWAY

AND WATERPROOFING

BID #: BCC 19-01

Date of Issuance: Wednesday March 27th, 2019

Deadline for Receipt of General Bids: Wednesday, April 17th, 2019, 2:00 p.m.

Submit to: Director of Procurement

Berkshire Community College

1350 West Street

Pittsfield, MA 01201

Contact: William Mannix

Director of Procurement

Berkshire Community College

1350 West Street

Pittsfield, MA 01301

413-236-3036 wmannix@berkshirecc.edu

Berkshire Community College reserves the right to reject any or all bids and to waive any informality in the bidding if it be in the best interest of the college to do so.

mailto:purchasing@greenfield-ma.gov

BID # BCC 19-01 Page 2

I. SUMMARY OF WORK

II. SALES TAX EXEMPTION

III. RISK OF LOSS

IV. USE AND OCCUPANCY PRIOR TO FINAL ACCEPTANCE

V. PAYMENT LIABILITIES OF CONTRACTOR

VI. PAYMENT OF SUBCONTRACTORS (M.G.L. c. 30, s. 39F)

VII. MISCELLANEOUS LEGAL REQUIREMENTS

VIII. CONTRACTOR'S ACCOUNTING METHOD REQUIREMENTS (M.G.L. c. 30, s. 39R)

IX. INSURANCE REQUIREMENTS

X. INDEMNIFICATION

XI. PERFORMANCE AND PAYMENT BONDS

XII. TERMINATION OF CONTRACT

XIII. MISCELLANEOUS PROVISIONS

NOTICE TO CONTRACTORS

A. CATEGORY OF WORK

A. INSTRUCTIONS FOR RESPONSE TO BID

B. PROVISIONS

C. REFERENCE TO GENERAL LAWS

D. FUNDING

E. FOR CONTRACTORS AND CONTRACTS OVER $100,000

F. SPECIAL NOTICE TO CONTRACTORS

G. PREFERENCE IN CONTRACT AWARD

H. ADDENDA AND INTERPRETATIONS

I. WORK UNDER THE PROJECT MANAGER

J. UNIT PRICES - BID PRICE WORDS AND FIGURES

K. EXAMINATION OF SITE AND DOCUMENTS

L. COMPLETION DATE

M. BID DOCUMENT AVAILABILITY AND DISCLAIMER

FORM SUBMISSION SCHEDULE

Forms To Be Completed and Returned With Bid Submittal

Forms to be completed by the General Contractor & Submitted upon Award of Contract

Forms – Post-Award

FORM FOR GENERAL BID

PROPOSAL TO THE AWARDING AUTHORITY

NORTHERN IRELAND NOTICE AND CERTIFICATION

EMPLOYEE CERTIFICATION

EXECUTIVE ORDER 481

BID # BCC 19-01 Page 3

PUBLIC NOTICE

Invitation for Bids

Koussevitzky Paver Walkway & Waterproofing

1350 West Street

Berkshire Community College is requesting sealed bids from qualified contractors for the replacement of a section of brick paver walkway between the Koussevitzky Arts Building and the Jonathan Edwards library. All work for this contract will be located on the BCC main campus.

As of Wednesday, March 27th, 2019, copies of this Invitation for Bid may be obtained electronically from http://www.CommBuys.com, the Director of Procurement by emailing wmannix@berkshirecc.edu, or by calling

413-236-3036.

Sealed bids are due by 2:00pm on Wednesday, April 17th, 2019.

All bids should be addressed to the Director of Procurement, Berkshire Community College, 1350 West Street, Pittsfield, MA 01201, and endorsed "Koussevitzky Paver Walkway & Waterproofing, Project BCC # 19-

01" no later than the date and time listed above.

For further information, contact:

William Mannix wmannix@berkshirecc.edu

A pre-bid site visit has not been scheduled but vendors should apprise themselves of the existing conditions prior to submitting a bid. Berkshire Community College reserves the right to reject any or all bids and to waive any informality in the bidding if it be in the best interest of the college to do so.

http://www.commbuys.com/ mailto:wmannix@berkshirecc.edu

BID # BCC 19-01 Page 4

I. SUMMARY OF WORK

A. Project Site All work of this contract will be on the BCC main campus, on the walkway section between Koussevitzky Arts

Building and the Jonathan Edwards Library.

B. Summary of Work Detailed construction plans are provided as supplements to this IFB, and/or provided electronically. Project includes, but is not limited to:

Removal & disposal of existing brick pavers.

Slight excavation of existing paved aprons, and re-grading to establish proper pitch.

Waterproofing/Flashing of area to be replaced.

Expansion joint installation.

Installation of new brick pavers.

Work on this project must meet the requirements of all applicable town, local and state codes, laws and ordinances, in addition to any technical societies referenced herein.

The work to be done and paid for shall not be limited to the extent mentioned or described, but shall include all incidental work necessary or customarily done for the completion of the work.

The Contractor shall submit copies of all proposed Material Safety Data Sheets (MSDS) for products used.

The Contractor shall arrange all his work schedules within the hours of 7:00 a.m. to 5:00 p.m. during the regular work week. Work must be scheduled and performed in such a manner as to not interfere with the work of other

Contractors or Berkshire Community College operations. Contractors are not entitled to additional funds due to work of other contractors or Berkshire Community College operations.

C. Distribution of Work The distribution of the Work is intended to be described under the appropriate trades and, except for filed sub-bid work, may be redistributed, except as directed herein, provided that such redistribution shall cause no controversy among the trades and no delay in the progress of the Work.

D. Contract Price The Contract Price constitutes full compensation to the Contractor for everything to be performed and furnished in connection with the Work and for all damages arising out of the performance of the Work and/or the action of the elements, and constitutes the maximum compensation regardless of any difficulty incurred by the

Contractor in connection with the Work or in consequence of any suspension or discontinuance of the Work.

II. SALES TAX EXEMPTION

A. Sales Tax Exemption and Other Taxes All building materials and supplies as well as the rental charges for construction vehicles, equipment and machinery rented exclusively for use on the Site, or while being used exclusively for the transportation of materials for the Work are entitled to an exemption from sales taxes under M.G.L. c. 64H, s. 6(f). The Contractor shall take all action required to obtain the benefit of such sales tax exemption. The Contractor shall bear the

BID # BCC 19-01 Page 5 cost of any sales taxes that Contractor incurs in connection with the Work and the Awarding Authority shall not reimburse the Contractor for any such taxes. Form ST-5C, Contractor’s Sales Tax Exempt Purchase

Certificate will be provided upon award of contract.

B. College’s Tax Exemption Number Certificate of Tax Exemption, will be provided upon award of contract.

III. RISK OF LOSS

The Contractor shall bear all risk of loss to the Work during the term of the Contract except for any portion of the

Work as to which the Certificate of Agency Use and Occupancy has been issued pursuant to Article VI of these

General Conditions of the Contract. Nothing herein shall limit the Contractor's responsibilities under Article IX or

XV of these General Conditions of the Contract.

IV. USE AND OCCUPANCY PRIOR TO FINAL ACCEPTANCE

A. The Contractor agrees to the potential use and occupancy of the Project or any portion thereof before Final

Acceptance of the Work by the Awarding Authority.

B. The Awarding Authority and the User Agency will cooperate with the Contractor with respect to the completion of the Work by taking such reasonable steps as may be possible to avoid interference with the Contractor’s

Work provided that they do not interfere with the proper functioning of the facility.

C. The Contractor shall not be responsible for wear and tear or damage resulting solely from temporary occupancy.

D. Use and occupancy of any part of the Work prior to Final Acceptance by the Awarding Authority shall not relieve the Contractor from maintaining the required payment and performance bonds and insurance (to the extent that insurance is required to be maintained after Substantial Completion) required by this Contract.

V. PAYMENT LIABILITIES OF CONTRACTOR

The Contractor shall pay to the Owner all expenses, losses and damages, as determined by the Awarding Authority or the Designer, incurred in consequence of any default, defect, omission or mistake of the Contractor or his employees or Subcontractors or the making good thereof.

VI. PAYMENT OF SUBCONTRACTORS (M.G.L. c. 30, s. 39F) The Contractor shall make payments to Subcontractors in accordance with M.G.L c.30, s. 39F which is quoted in this section below. For the purposes of this Contract, the word "forthwith" appearing in paragraph (1)(a) of the quoted provision shall be deemed to mean "within five (5) business days."

"1(a) Forthwith after the general contractor receives payment on account of a periodic estimate, the general

Contractor shall pay to each subcontractor the amount paid for the labor performed and the materials furnished by that subcontractor, less any amount specified in any court proceedings barring such payment and also less any amount claimed due from the subcontractor by the general contractor.

(b) Not later than the sixty-fifth day after each subcontractor substantially completes his work in accordance with the Plans and Specifications, the entire balance due under the subcontract less amounts retained by the awarding authority as the estimated cost of completing the incomplete and unsatisfactory items of work, shall be

BID # BCC 19-01 Page 6 due the subcontractor; and the awarding authority shall pay that amount to the general contractor. The general contractor shall forthwith pay to the subcontractor the full amount received from the awarding authority less any amount specified in any court proceedings barring such payment and also less any amount claimed due from the subcontractor by the general contractor.

(c) Each payment made by the awarding authority to the general contractor pursuant to subparagraphs (a) and

(b) of this paragraph for the labor performed and the materials furnished by a subcontractor shall be made to the general contractor for the account of that subcontractor; and the awarding authority shall take reasonable steps to compel the general contractor to make each such payment to each such subcontractor. If the awarding authority has received a demand for direct payment from a subcontractor for any amount which has already been included in a payment to the general contractor or which is to be included in a payment to the general contractor for payment to the subcontractor as provided in subparagraphs (1) and (2) the awarding authority shall act upon the demand as provided in this section.

(d) If, within seventy days after the subcontractor has substantially completed the subcontract work, the subcontractor has not received from the general contractor the balance due under the subcontract including any amount due for extra labor and materials furnished to the general contractor, less any amount retained by the awarding authority as the estimated cost of completing the incomplete and unsatisfactory items of work, the subcontractor may demand direct payment of that balance from the awarding authority. The demand shall be by a sworn statement delivered to or sent by certified mail to the awarding authority, and a copy shall be delivered to or sent by certified mail to the general contractor at the same time. The reply shall contain a detailed breakdown of the balance due under the subcontract and also a statement of the status of completion of the subcontract work.

Any demand made after substantial completion of the subcontract work shall be valid even if delivered or mailed prior to the seventieth day after the subcontractor has substantially completed the subcontract work. Within ten days after the subcontractor has delivered or so mailed the demand to the awarding authority and delivered or so mailed a copy to the general contractor, the general contractor may reply to the demand. The reply shall be by a sworn statement to or sent by certified mail to the awarding authority and a copy shall be delivered to or sent by certified mail to the subcontractor at the same time. The reply shall contain a detailed breakdown of the balance due under the subcontract including any amount due for extra labor and materials furnished to the general contractor and of the amount due for each claim made by the general contractor against the subcontractor.

(e) Within fifteen days after receipt of the demand by the awarding authority, but in no event prior to the seventieth day after substantial completion of the subcontract work, the awarding authority shall make direct payment to the subcontractor of the balance due under the subcontract including any amount due for extra labor and materials furnished to the general contractor, less any amount (i) retained by the awarding authority as the estimated cost of completing the incomplete or unsatisfactory items of work, (ii) specified in any court proceedings barring such payment, or (iii) disputed by the general contractor in the sworn reply; provided that the awarding authority shall not deduct from a direct payment any amount as provided in part (iii) if the reply is not sworn to, or for which the sworn reply does not contain the detailed breakdown required by subparagraph (d). The awarding authority shall make further direct payments to the subcontractor forthwith after the removal of the basis for deduction from direct payments made as provided in parts (i) and (ii) of this subparagraph.

(f) The awarding authority shall forthwith deposit the amount deducted from a direct payment as provided in part (iii) of subparagraph (5) in an interest-bearing joint account in the names of the general contractor and the subcontractor in a bank in Massachusetts selected by the awarding authority or agreed upon by the general contractor and the subcontractor and shall notify the general contractor and the subcontractor of the date of the deposit and the bank receiving the deposit. The bank shall pay the amount in the account, including accrued interest, as provided in an agreement between the general contractor and the subcontractor or as determined by decree of a court of competent jurisdiction.

(g) All direct payments and all deductions from demands for direct payments deposited in an interest bearing account or accounts in a bank pursuant to subparagraph (6) shall be made out of amounts payable to the general contractor at the time of receipt of a demand for direct payment from a subcontractor and out of amounts which later become payable to the General contractor and in the order of receipt of such demands from subcontractors.

All direct payments shall discharge the obligation of the awarding authority to the general contractor to the extent of such payment.

BID # BCC 19-01 Page 7

(h) The awarding authority shall deduct from payments to a General contractor amounts which, together with the deposits in interest bearing accounts pursuant to subparagraph (6) are sufficient to satisfy all unpaid balances of demands for direct payment received from subcontractors. All such amounts shall be earmarked for such direct payments, and the subcontractors shall have a right in such deductions prior to any claims against such amounts by creditors of the general contractor.

(i) If the subcontractor does not receive payment as provided in subparagraph (1) or if the general contractor does not submit a periodic estimate for the value of the labor or materials performed or furnished by the subcontractor and the subcontractor does not receive payment for same when due less the deductions provided for in subparagraph (1), the subcontractor may demand direct payment by following the procedure in subparagraph

(4) and the general contractor may file a sworn reply as provided in that same subparagraph. A demand made after the first day of the month following that for which the subcontractor performed or furnished the labor and materials for which the subcontractor seeks payment shall be valid even if delivered or mailed prior to the time payment was due on a periodic estimate from the general contractor. Thereafter the awarding authority shall proceed as provided in subparagraph (e), (f), (g) and (h)."

(2) Any assignment by a subcontractor of the rights under this section to a surety company furnishing a bond under the provisions of section twenty-nine of chapter one hundred forty-nine shall be invalid. The assignment and subrogation rights of the surety to amounts included in a demand for direct payment which are in the possession of the awarding authority or which are on deposit pursuant to subparagraph (6) shall be subordinate to the rights of all subcontractors who are entitled to be paid under this section and who have not been paid in full.

(3) “subcontractor" as used in this section (I) for contracts awarded as provided in sections forty-four A to forty-four L, inclusive, of chapter one hundred forty-nine shall mean a person who files a sub-bid and received a subcontract as a result of that filed sub-bid or who is approved by the awarding authority in writing as a person performing labor or both performing labor and furnishing materials pursuant to a contract with the general contractor, (ii) for contracts awarded as provided in paragraph (1) of section thirty-nine M of chapter thirty shall mean a person approved by the awarding authority in writing as a person performing labor or both performing labor and furnishing materials pursuant to a contract with the general contractor, and (iii) for contracts with the commonwealth not awarded as provided in sections forty-four A to forty-four L, inclusive, of chapter one hundred forty-nine shall also mean a person contracting with the general contractor to supply materials used or employed in a public works project for a price in excess of five thousand dollars.

(4) A general contractor or a subcontractor shall enforce a claim to any portion of the amount of a demand for direct payment deposit as provided in subparagraph (6) by a petition in equity in the superior court against the other and the bank shall not be a necessary party. A subcontractor shall enforce a claim for direct payment or a right to require a deposit as provided in subparagraph (6) by a petition in equity in the superior court against the awarding authority and the general contractor shall not be a necessary party. Upon motion of any party the court shall advance for speedy trial any petition filed as provided in this paragraph. Sections fifty-nine and fifty-nine B of chapter two hundred thirty-one shall apply to such petitions. The court shall enter an interlocutory decree upon which execution shall issue for any part of a claim found due pursuant to sections fifty-nine and fifty-nine B and, upon motion of any party, shall advance for speedy trial the petition to collect the remainder of the claim. Any party aggrieved by such interlocutory decree shall have the right to appeal therefrom as from a final decree. The court shall not consolidate for trial the petition of any subcontractor with the petition of one or more subcontractors or the same general Contract unless the court finds that a substantial portion of the evidence of the same events during the course of construction (other than the fact that the claims sought to be consolidated arise under the same general contract) is applicable to the petitions sought to be consolidated and that such consolidation will prevent unnecessary duplication of evidence. A decree in any such proceeding shall not include interest on the disputed amount deposited in excess of the interest earned for the period of any such deposit. No person except a subcontractor filing a demand for direct payment for which no funds due the general contractor are available for direct payment shall have a right to file a petition in court of equity against the awarding authority claiming a demand for direct payment is premature and such subcontractor must file the petition before the awarding authority has made a direct payment to the subcontractor and has made a deposit of the disputed portion as provided in part

(iii) of subparagraph (5) and in subparagraph (6).

BID # BCC 19-01 Page 8

(5) In any petition to collect any claim for which a subcontractor has filed a demand for direct payment the court shall, upon motion of the general contractor, reduce by the amount of any deposit of a disputed amount by the awarding authority as provided in part (iii) of subparagraph (5) and in subparagraph (6) any amount held under a trustee writ or pursuant to a restraining order or injunction.”

VII. MISCELLANEOUS LEGAL REQUIREMENTS

A. Contractor to be Informed The Contractor shall inform itself of all existing and future Laws in any manner affecting those engaged or employed in the Work, or the materials used or employed in the Work, or in any way affecting the conduct of the Work, and of all orders and decrees of bodies or tribunals having any applicable jurisdiction or authority over the Work.

B. Compliance with all Laws The Contractor shall cause all persons employed in the performance of the Work to comply with, all existing and future Laws, including but not limited to those set forth below:

(1) Corporate Disclosures The Contractor, if a foreign corporation, shall comply with M.G.L. c. 181, s.3 and s. 5, and M.G.L. c. 30, s.39L.

(a) Workforce Certification: Certification of Compliance with Workforce Related Legal Requirements.

The Contractor shall comply with the following legal requirements for any and all employees to be employed in the Project who are required to be listed in the certified payroll reports for the Project:1)

Federal Department of Homeland Security Requirements in hiring such employees including, but not limited to, the faithful completion of the Federal Department of Homeland Security Form I-9 process by CM; 2) proper classification of individuals employed on the project; 3) all laws concerning workers’ compensation insurance coverage, unemployment insurance, social security taxes, and income taxes;

and 4) all laws concerning hospitalization and medical benefits that meet the minimum requirements of the Connector Board established in Chapter 176Q of the General Laws. The Contractor shall execute a Workforce Certification form with the execution of its contract. The Contractor shall require each

Subcontractor and sub subcontractor working on the Project to execute and provide to Contractor such

Workforce Certification form with the execution of each subcontract, and Contractor shall immediately provide a copy to DCAM. Contractor acknowledges that with the weekly workforce reports that must be submitted on a weekly basis, Contractor and all subcontractors on the project are required to certify that the Form I-9 process was faithfully completed and that all other legal requirements related to its workforce referenced above were followed for all employees listed on each certified payroll report when submitted. The Contractor and all subcontractors must: comply with the legal requirements of this section; must not knowingly use undocumented workers in connection with the performance of this contract; pursuant to federal requirements must verify the immigration status of all workers assigned to the contract without engaging in unlawful discrimination; and must not knowingly or recklessly alter, falsify, or accept altered or falsified documents from any such worker. Breach of any of the terms of the Workforce Certification legal requirements during the period of the Contract may be regarded as a material breach, subjecting the Contractor and subcontractors to sanctions, including but not limited to monetary penalties, withholding of payments, contract suspension or termination. Contractor must require each subcontractor working on the Project to execute and provide to Contractor a Workforce

Certification form with the execution of each subcontract, and Contractor must require each subcontractor to forward a copy of each such Workforce Certification to the Contractor for filing with

DCAM.

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(2) 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, s.7 (34), and who are qualified to perform the work to which the employment relates; 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.

(3) Prevailing Wages The Contractor shall comply with M.G.L. c. 149, s. 26-27H. The prevailing wage schedule is provided to

Bidders, listing the prevailing minimum wage rates that must be paid to all workers employed in the Work.

The Awarding Authority is not responsible for any errors, omissions, or misprints in the said schedule. Such

Schedule shall continue to be the minimum rate wages payable to workers employed in the Work throughout the term of this Contract, subject to the exceptions provided in M.G.L c.149, s. 26-27H. The Contractor shall not have any claim for extra compensation from the Owner if the actual wages paid to workers employed in the Work exceeds the rates listed on the schedule or as otherwise provided by law. The

Contractor shall cause a copy of said Schedule to be kept 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, s.34B). Mass General Laws c. 149, §27, as amended on

August 8, 2008 requires annual updates to prevailing wage schedules for all public construction projects lasting longer than one year. The Contractor is required to obtain the wage schedules from awarding authorities, and to pay no less than these rates to covered workers. The Contractor and all Subcontractors are required to anticipate such annual updated prevailing wage schedules and neither the Contractor nor any Subcontractors shall be entitled to claim additional compensation for base contract work due to updated prevailing wage schedules.

(4) Payroll Records and Statement of Compliance The Contractor shall comply and shall cause its Subcontractors to comply with Massachusetts General Law

c. 149, s. 27B, which requires that a true and accurate record be kept of all persons employed on the 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 three 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 Awarding Authority. 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 Awarding Authority.

(5) Vehicle operators If the Director of the Department of Labor and Workforce Development has established a Schedule of wage rates to be paid to the operators of trucks, vehicles or equipment for the Work, the Contractor shall be obligated to pay such operators at least the minimum wage rate contained on such Schedule. (See M.G.L.

c.149, s.26-27H).

(6) Eight Hour Day The Contractor shall comply with M.G.L. c. 149, s. 30, 34 and 34A which provide that no laborer, workman, mechanic, foreman or inspector working within the Commonwealth in the employ of the Contractor, subcontractor or other person doing or contracting to do the whole or part of the Work shall be required or permitted to work more than eight hours in any one day or more than forty-eight hours in any one week, or more than six days in any one week, except in cases of extraordinary emergency.

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(7) Timely Payment of Wages The Contractor shall comply with, and shall cause its Subcontractors to comply with M.G.L. c. 149, s. 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.

(8) Lodging, etc.

The Contractor shall comply with, and shall cause its Subcontractors to comply with, M.G.L. c. 149, s. 25 which provides that every employee under this Contract shall lodge, board and trade where and with whom he elects, and neither the Contractor nor his agents or employees shall, either directly or indirectly, require as a condition of the employment of any person that the employee shall lodge, board or trade at a particular place or with a particular person.

(9) Truck Rates The use by the Contractor of trucks or other motor vehicles hired from either common or contract motor carriers in the course of performance of this Contract is subject to such minimum rates and charges, and rules and regulations as may from time to time be promulgated by the Department of Public Utilities of the

Commonwealth of Massachusetts or other agency of the State of Federal government which may be authorized by law to set rates or otherwise regulate the use of such vehicles. The Contractor expressly assumes the risk of any additional expense that may arise by reason of any change in such minimum rates and charges, and rules and regulations, and shall be entitled to no additional compensation or reimbursement by reason thereof.

(10) Anti-Boycott Covenant (Executive Order #130) The Contractor warrants, represents and agrees that during the time this Contract is in effect, neither it or any affiliated company, as hereafter defined, participates in or cooperates with an international boycott, as defined in Section 999(b) (3) and (4) of the Internal Revenue Code of 1954, as amended, or engages in conduct declared to be unlawful by M.G.L. c. 151E, s. 2. If there shall be a breach in the warranty, representation or agreement contained in this paragraph, then without limiting such other rights as it may have the Awarding Authority shall be entitled to rescind this contract. As used herein, an affiliated company shall be any business entity of which at least 51% of the ownership interests are directly or indirectly owned by the Contractor or by a person or persons or business entity or entities directly or indirectly owning at least 51% of the Ownership interests of the Contractor; or which directly or indirectly owns at least 51% of the Ownership interests of the Contractor.

Contractor's Agreements with Suppliers--Anti-Boycott Provisions. (1) The Contractor shall not purchase or rent any materials, equipment, machinery, vehicles, or supplies for or in connection with the Work from any person or entity who does not sign, under pains and penalties of perjury, a certificate that recites: "The undersigned warrants, represents and agrees that during the time its agreement with {insert contractor's name} is in effect for materials, supplies or equipment to be used in connection with the {insert the name of the Awarding Authority} Project No. {insert project number}, neither the undersigned or any affiliated company, as hereafter defined, participates in or cooperates with an international boycott, as defined in

Section 999(b)(3) and (4) of the Internal Revenue Code of 1954, as amended, or engages in conduct declared to be unlawful by Section 2 of Chapter 151E of the Massachusetts General Laws. As used herein, an affiliated company shall be any business entity of which at least 51% of the ownership interests are directly or indirectly owned by the undersigned or by a person or persons or business entity or entities directly or indirectly owning at least 51% of the ownership interests of the undersigned; or which directly or indirectly owns at least 51% of the ownership interests of the undersigned." (2) The Awarding Authority shall not be obligated to pay the Contractor for the cost of any materials, supplies, or equipment purchased

BID # BCC 19-01 Page 11 or rented from any individual or entity from whom the Contractor has not previously obtained and delivered to the Awarding Authority the certificate that the previous paragraph requires. The Contractor will immediately terminate its contract with any supplier who breaches the warranty, representation and agreement contained in the previous paragraph. (3) The Contractor shall include in the Contractor's agreement with any person or entity from whom the Contractor intends to purchase or rent any materials, equipment, machinery, vehicles or supplies for or in connection with the Work, (a) a notice that this

Contract obligates the Contractor to terminate the supply contract upon discovery of such breach of the sworn certificate delivered under subparagraph (1) and such termination shall be without liability to the

Contractor or the Awarding Authority and (b) a provision which states: "The Governor or his designee, the secretary of administration and finance, and the state auditor or his designee shall have the right at reasonable times and upon reasonable notice to examine the books, records and other compilations of the undersigned vendor which pertain to the performance and requirements of this agreement to provide materials of any nature to the undersigned contractor in connection with State Project No. (BCC 19-04)."

(11) Access to Contractor’s Records (Executive Order #195) The Governor or his designee, the secretary of administration and finance, and the state auditor or his designee shall have the right at reasonable times and upon reasonable notice to examine the books, records and other compilations of data of the Contractor which pertain to the performance and requirements of this

Contract.

(12) Northern Ireland – M.G.L. c/ 7 § 22c Pursuant to G.L. c. 7 s. 22C for state agencies, state authorities, the House of Representatives or the state

Senate, the Contractor certifies that it does not employ ten or more employees in an office or other facility in Northern Ireland and if the Contractor employs ten or more employees in an office or other facility located in Northern Ireland the Contractor certifies that it does not discriminate in employment, compensation, or the terms, conditions and privileges of employment on account of religious or political belief; and it promotes religious tolerance within the work place, and the eradication of any manifestations of religious and other illegal discrimination; and the Contractor is not engaged in the manufacture, distribution or sale of firearms, munitions, including rubber or plastic bullets, tear gas, armored vehicles or military aircraft for use or deployment in any activity in Northern Ireland.

VIII. CONTRACTOR'S ACCOUNTING METHOD REQUIREMENTS (M.G.L. c. 30, s.

39R)

A. Definitions

"Contractor" means any person, corporation, partnership, joint venture, sole proprietorship, or other entity awarded a Contract pursuant to M.G.L. c. 30, s. 39M, M.G.L. c. 149, s. 44A-J, and M.G.L. c. 7,

s. 30B-P.

"Contract" means any Contract awarded or executed pursuant to M.G.L. c. 30, s. 39M, M.G.L. c. 149, s.44A-J, and M.G.L. c. 7, s. 30B-P, which is for an amount or estimated amount greater than one hundred thousand dollars.

"Independent Certified Public Account" means a person duly registered in good standing and entitled to practice as a certified public accountant under the laws of the place of his/her residence or principal office and who is in fact independent. In determining whether an accountant is independent with aspect to a particular person, appropriate consideration should be given to all relationships between the accountant and that person or any affiliate thereof. Determination of an accountant's independence shall not be confined to the relationships existing in connection with the filing of reports with the awarding authority.

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"Records" means books of original entry, accounts, checks, bank statements and all other banking documents, correspondence, memoranda, invoices, computer printouts, tapes, discs, papers and other documents or transcribed information of any type, whether expressed in ordinary or machine language.

"Audit", when used in regard to financial statements, means an examination of records by an independent certified public accountant in accordance with generally accepted accounting principles and auditing standards for the purpose of expressing a certified opinion thereon, or, in the alternative, a qualified opinion or a declination to express an opinion for stated reasons.

or other person or persons primarily responsible for the financial and operational policies and practices of the Contractor.

Accounting terms, unless otherwise defined herein, shall have a meaning in accordance with generally accepted accounting principles and auditing standards.

B. Record Keeping

The Contractor shall make, and keep for at least six years after final payment, books, records, and accounts that in reasonable detail accurately and fairly reflect the transactions and dispositions of the

Contractor.

Until the expiration of six years after final payment, the Inspector General, DCAM, and the Awarding

Authority shall have the right to examine any books, documents, papers or records of the Contractor and Subcontractors that directly pertain to, and involve transactions relating to the Contractor and

Subcontractors.

The Contractor shall describe any change in the method of maintaining records or recording transactions which materially affects any statements filed with the Awarding Authority including the date of the change and reasons therefor, and shall accompany said description with a letter from the

Contractor's independent certified public accountant approving or otherwise commenting on the changes.

The Contractor represents that it has, prior to the execution of the Contract, filed a statement of management on internal accounting controls as set forth in Section 3 below.

The Contractor represents that it has, prior to the execution of the Contract, filed an audited financial statement for the most recent completed fiscal year as set forth in section 4 below and will continue to file such statement annually during the term of the Contract.

C. Statement of Management Controls for Contracts over $100,000

The Contractor shall file with the Awarding Authority a Statement of Management as to whether the system of internal accounting controls of the Contractor and its subsidiaries reasonably assures that:

(1) transactions are executed in accordance with management's general and specific authorization;

(2) transactions are recorded as necessary to:

(a) to permit preparation of financial statements in conformity with generally accepted accounting principles, and

(b) to maintain accountability for assets;

(3) access to assets is permitted only in accordance with management's general or specific authorization; and

(4) the recorded accountability for assets is compared with the existing assets at reasonable intervals and appropriate action was taken with respect to any difference.

The Contractor shall file with the Awarding Authority a statement prepared and signed by an independent certified public accountant, stating that the accountant has examined the statement of management on internal accounting controls, and expressing an opinion as to:

(1) whether the representations of management in response to subparagraph 3 above are consistent with the results of management's evaluation of the system of internal accounting controls; and

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(2) whether such representations of management are reasonable with respect to transactions and assets in amounts which would be material when measured in relation to the applicant's financial statement.

D. Bid Pricing Materials The Contractor shall save the written calculations, pricing information, and other data that the Contractor used to calculate the bid that induced the Awarding Authority to enter into this Contract (the "Bid Pricing

Materials") for at least six years after the Awarding Authority makes final payment under this Contract.

IX. INSURANCE REQUIREMENTS

A. Insurance Generally

(1) The Contractor shall purchase and maintain insurance of the type and limits listed in this Article with respect to the operations as well as the completed operations of this Contract. This insurance shall be provided at the

Contractor's expense and shall be in full force and effect for the full term of the Contract or for such longer period as this Article requires.

(2) All policies shall be written on an occurrence basis and be issued by companies lawfully authorized to write that type of insurance under the laws of the Commonwealth with a financial strength rating of A- or better as assigned by AM Best Company, or an equivalent rating assigned by a similar rating agency acceptable to the

Awarding Authority, or otherwise acceptable to the Awarding Authority.

(3) Contractor shall submit three originals of each certificate of insurance, acceptable to the Awarding Authority, simultaneously with the execution of this Contract. Certificates shall show each type of insurance, insurance company, policy number, amount of insurance, deductibles and/or self-insured retentions, and policy effective and expiration dates. Certificates shall show the Awarding Authority, the Owner and anyone else the

Awarding Authority requests as an additional insured as to all policies of liability insurance. Certificates shall specifically note the following:

that the automobile liability, umbrella liability and pollution liability policies include the Awarding

Authority as an additional insured;

that all policies include the coverage and endorsements in accordance with the terms and conditions as required by this construction contract;

that the Builders’ Risk or Installation Floater is on an all risk basis including earthquake and flood, and includes the Awarding Authority as a named insured or loss payee as their interests may appear;

and that none of the coverages shall be cancelled, terminated, or materially modified unless and until 30 days prior notice is given in writing to the Awarding Authority.

Contractor shall submit updated certificates prior to the expiration of any of the policies referenced in the certificates so that the Awarding Authority shall at all times possess certificates indicating current coverage.

(4) The Contractor shall file one certified complete copy of all policies and endorsements with the Awarding

Authority within sixty days after Contract award. If the Awarding Authority is damaged by the Contractor's failure to maintain such insurance and to comply with the terms of this Article, then the Contractor shall be responsible for all costs and damages to the Awarding Authority attributable thereto.

(5) Termination, cancellation, or material modification of any insurance required by this Contract, whether by the insurer or the insured, shall not be valid unless written notice thereof is given to the Awarding Authority at least thirty days prior to the effective date thereof, which shall be expressed in said notice.

(6) The Contractor is responsible for the payment of any and all deductibles under all of the insurance required below. The Awarding Authority shall not in any instance be responsible for the payment of deductibles, self-insured retentions, or any portion thereof.

B. Contractor's Commercial General Liability

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(1) The Contractor shall purchase and maintain general liability coverage on the ISO form CG 00 01 or equivalent, including products and completed operations, on an occurrence basis. The form must be amended to state that the aggregate limit applies on a per location/project basis. The policy shall provide the following minimum coverage to protect the Contractor from claims with respect to the operations performed by

Contractor and any employee, subcontractor, or supplier, or by anyone for whose acts they may be liable:

Bodily Injury & $1,000,000 each occurrence

Property Damage $2,000,000 general aggregate per project

Products & Completed Operations $1,000,000 annual aggregate

Personal & Advertising Injury $1,000,000 each occurrence

Medical Expenses $5,000

(2) This policy shall include coverage relating to explosion, collapse, and underground property damage.

(3) This policy shall include contractual liability coverage.

(4) The completed operations coverage shall be maintained for a period of three (3) years after Substantial

Completion and acceptance by the Awarding Authority. The Contractor shall provide renewal certificates of insurance to the Awarding Authority as evidence that this coverage is being maintained.

(5) If the Work includes work to be performed within 50 feet of a railroad, any exclusion for liability assumed under contract for work within 50 feet of a railroad shall be deleted.

(6) This policy shall include the Awarding Authority, the Owner and anyone else requested by the Awarding

Authority as an additional insured via endorsements CG 20 10 for ongoing operations and CG 20 37 for completed operations This policy shall be primary and non-contributory with respect to any other insurance available to additional insureds.

(7) The policy shall include endorsement CG 24 04, a Waiver of Subrogation in favor of the Awarding Authority and Owner.

C. Automobile Liability

(1) The Contractor shall purchase and maintain the following minimum coverage with respect to the operations of any owned, non-owned, and hired vehicles including trailers used in the performance of the work:

Bodily Injury & Property Damage $1,000,000 combined single limit

(2) The policy shall include a CA 99 48 Broadened Pollution Endorsement. If hauling contaminants and/or pollutants, Contractor must adhere to Sections 29 and 30 of the Motor Carrier Act of 1980, which shall include coverage Form MCS-90.

(3) The policy shall name the Awarding Authority and Owner as additional insureds.

(4) The policy shall contain a Waiver of Subrogation in favor of the Awarding Authority and Owner.

D. Contractor’s Pollution Liability

The Contractor shall purchase and maintain coverage for bodily injury and property damage resulting from liability arising out of pollution related exposures such as asbestos abatement, lead paint abatement, tank removal, removal of contaminated soil, etc. The insurance policy shall cover the liability of the Contractor during the process of removal, storage, transport and disposal of hazardous waste and contaminated soil and/or asbestos abatement. The policy shall include coverage for on-Site and off-Site bodily injury and loss of, damage to, or loss of use of property, directly or indirectly arising out of the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gas, waste materials or other irritants, contaminants or pollutants into or upon the land, the atmosphere or any water course or body of water, whether it be gradual or sudden and accidental. The policy shall also include defense and clean-up costs. The Awarding

Authority and Owner shall be named as an additional insureds and coverage must be on an occurrence basis.

The amount of coverage shall be as follows:

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Limit of liability $1,000,000 per occurrence

$3,000,000 aggregate

E. Worker's Compensation

(1) The Contractor shall provide the following coverage in accordance with M.G.L. c.149 §34A and c.152 as amended:

Worker's Compensation Statutory limits

Employer's Liability $ 500,000 each accident

$ 500,000 disease per employee

$ 500,000 disease policy aggregate

(2) The policy shall contain a Waiver of Subrogation in favor of the Awarding Authority and Owner.

F. Builder's Risk/ Installation Floater/Stored Materials

(1) The Contractor shall purchase and maintain coverage against loss or damage on all Work included in this

Contract in an amount equal to the Contract Price. Such coverage shall be written on an all risks basis or equivalent form and shall include, without limitation, insurance against perils of fire (with extended coverage) and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, terrorism (“certified” and “non-certified”), collapse, earthquake, flood (if the project is not in an "A" or a "V" flood Zone), windstorm, falsework, testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect's and Contractor's services and expenses required as a result of such insured loss.

Unless otherwise specified in this Contract, the limits for earthquake and flood shall be the lesser of the

Contract Price or $10,000,000. This policy and/or installation floater shall include transportation and Stored

Materials coverage in an amount equal to the value of the stored materials as required in C. below.

(2) When Work will be completed on existing buildings owned by the Owner, the Contractor shall provide an installation floater, in the full amount of the Contract Price. Such coverage shall be written on an all risks basis or equivalent form and shall include, without limitation, insurance against perils of fire (with extended coverage) and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood (if the project is not in an "A” or a "V" flood Zone), windstorm, falsework, testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect's and Contractor's services and expenses required as a result of such insured loss.