Brooke Cooling Tower - Owner Contractor Agreement.pdf

Page 1 of 4 Owner - Contractor Agreement

BD-26-1107-FREG5-ACCOU-123584

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Contractor’s DCAMM Certification Number:

Contractor’s Vendor Code Number:

COMMONWEALTH OF MASSACHUSETTS

STANDARD BUILDING MAINTENANCE CONTRACT

OWNER - CONTRACTOR AGREEMENT

Awarding Authority: Executive Office of the Trial Court, Office of Court Management, Facilities Management & Capital Planning (FMCP) Department Code: TRC

This agreement (“Contract”) is made as of the day of , 20_, by and between the Commonwealth of Massachusetts acting by and through the Awarding Authority identified above with a principal place of business at , and , a with a principal place of business at , hereinafter called the “Contractor.”

Terms used in this Owner - Contractor Agreement which. are defined in the General Conditions of the Contract shall have the meanings designated therein.

The Awarding Authority and the Contractor agree as follows:

Article 1. Scope of Work. The Work under this Contract is defined as all work required by the Contract Documents for the construction of Brooke Cooling Tower Repairs. State Project No./Contract No. BD-26-1107-FREG5-ACCOU-123584, in accordance with and as described in the Scope of Work for the project, Page 2 of 4 Owner - Contractor Agreement prepared by N/A (“Designer”), as modified by Addenda Nos. dated _______ 20

Article 2. Contract Term. The term of this contract shall be based off of the proposed project schedule.

Article 3. Contract Price. The Awarding Authority shall pay the Contractor, in current funds, for the performance of the Work, subject to additions and deductions by Approved Change Order(s), the Contract Price of dollars ($ ). The Unit Prices, if any, approved by the Awarding Authority are those included in the Contractor’s General Bid.

The following Alternates have been accepted and their costs are included in the Contract Price:

Alternate No(s):

Article 4. Approved Subcontractors. No Subcontractors shall be used for these or any portions of the Work without the prior written approval of the Office of Court Management, Facilities Management Department.

Article 5. Certifications. Pursuant to M.G.L. c. 62(c), s.49 (a), the individual signing this Contract 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 Contract 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, s.

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 and that all certifications and representations described in the general Conditions are true and accurate.

Article 6. The Contract Documents: The following documents form the Contract, are incorporated by reference herein, and are referred to as the “Contract Documents:”

-The Instructions to Bidders -The General Bid submitted by the Contractor –This Owner – Contractor agreement including the following exhibits (check if applicable):

Exhibit A: Additional Insurance provisions, if any -The General Conditions of the Contract

-The Supplementary General Conditions [Note: the term “Supplementary General Conditions” may also refer to Division 1 of the Specifications.]

-The Specifications, including Addenda identified in Article 1 above -All Approved Change Orders issued after execution of this Owner - Contractor Agreement

Page 3 of 4 Owner - Contractor Agreement

Article 7. Liquidated Damages. Liquidated damages for nonperformance or delay of portions of the contract shall be as specified on Exhibit B, if any. The Office of Court Management, Facilities Management Department does not waive its right to recover actual damages for any breaches of portions of this Contract with respect to which no liquidated damages are stipulated in this owner-Contractor Agreement. N/A

Article 8. Contractor’s and Office of Court Management, Facilities Management Department Representatives. The Contractor’s representative for this Contract is . The person administering this Contract on behalf of the Office of Court Management, Facilities Management Department is

Article 9. Notices. Notices to the Contractor shall be deemed given when hand delivered to the Contractor’s Representative in person, or when deposited in the US mail addressed to the Contractor at the Contractor’s address specified in the Owner – Contractor Agreement, or when delivered by courier to either location. Unless otherwise specified in writing by the Office of Court Management, Facilities Management Department, notices and deliveries to the Office of Court Management, Facilities Management Department shall be effective only when delivered to the Office of Court Management, Facilities Management Department at the address specified in the Owner –Contractor Agreement and date-stamped at the reception desk or for which a receipt has been signed by the agent or employee designated by the Office of Court Management, Facilities Management Department to receive notices.

Article 10. Additional Insurance Provisions. The insurance requirements set forth in 7.1 Insurance Requirements of the General Conditions of the Contract are supplemented by the provisions, if any, appearing in Exhibit A attached hereto and incorporated herein.

In witness whereof, the parties hereto have caused this instrument to be executed in triplicate under seal as of the date set forth above.

CONTRACTOR:

By:

Name:

Title:

Date:

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BD-26-1107-FADM-ADMIN-123584

AWARDING AUTHORITY:

By executing this Agreement, the undersigned authorized signatory of the Awarding Authority, who incurs no personal liability by reason of the execution hereof or anything herein contained, hereby certifies under the penalties of perjury that all the applicable provisions of M.G.L. c.149, §44J, have been complied with.

Approved as to Form: