Chapter 30 Bidding Package DRM_2018-58 No.2.docx

For C. 30, §39M Site Work Projects $50,000 and up

Executive Office of Public Safety and Security

GENERAL CONTRACTOR: ____________________________________

CONTRACT

— FOR —

DRM 2018-58 #02

Exercise Yards at Building 8 at MCI Norfolk

50 Maple Street, Suite 3 Milford, Massachusetts 01757-3698 (508)422-3300

TABLE OF CONTENTS FOR DOC BID PACKAGE

PART I Instructions to Bidders Attachment A: Minimum Wage Rates Attachment B: Form for General Bid

PART II Forms Used During Contract Award and Execution:

Owner-Contractor Agreement Exhibit C: Additional Insurance Provisions (if any) Payment Bond Supplier Diversity Plan (SDP) Forms #2 and #3 Certificate of Corporate Vote Certificate of Compliance with State Tax Laws Executive Order 504 Contractor Authorized Signatory Listing Certificate of Compliance with Employment Eligibility Verification Requirements (I-9) Request for Taxpayer Identification Number and Certification (W-9) Commonwealth Terms and Conditions Electronic Funds Transfer Sign Up

BID PACKAGE

PART I

INSTRUCTIONS TO BIDDERS

Instructions to Bidders Attachment A: Minimum Wage Rates Attachment B: Form for General Bid

COMMONWEALTH OF MASSACHUSETTS

INSTRUCTIONS TO BIDDERS

Awarding Authority:

Department of Correction 50 Maple Street – Suite 3 Milford, MA 01757 Telephone: (508) 422-3427

DRM Project Number: DRM 2018-58 #02 Title: Exercise Yards at Building 8 at MCI Norfolk

Project Description and Scope: Exercise Yards at Building 8 at MCI Norfolk

Deadline for filing General Bids is: Tuesday, April 2, 2019 @ 2:00 p.m.

The minimum wage rate requirements for this Contract are located in Attachment A to these Instructions to Bidders.

Pursuant to M.G.L. c. 30, §39S(a) (2) all employees to be employed on the project must have successfully completed a course in construction safety and health approved by OSHA and of at least 10 hours in duration.

The Contractor must provide written verification as detailed in the General Conditions of compliance with Federal Department of Homeland Security Requirements, including but not limited to the Employment Eligibility Verification (Form I-9) Process.

Bid forms for this Contract are located in Attachment B to these Instructions to Bidders.

For Contracts exceeding $150,000: Per Massachusetts Executive Order 565, SDP Plan Form #1 (SDP Commitment) must be submitted as part of the general bid in order to meet the mandatory participation requirements of the SDP. The portion reserved for Minority-Owned Business Enterprises and Women-Owned Business Enterprises combined shall be 10.4% of the General Contractors base bid price, and the portion reserved for Service Disabled Veteran Owned Business Enterprises shall be 3%. For more information and guidance, please visit www.mass.gov/sdo.

The time for completion of the Work is specified in Article 2 of the Owner - Contractor Agreement. Liquidated damages for failure to complete work on time are as stated in Article 8 of the Owner - Contractor Agreement.

As used herein, capitalized terms shall have the meaning assigned to them in the General Conditions of the Contract and the Owner - Contractor Agreement unless the context clearly indicates otherwise.

SECTION I - BIDDER'S REPRESENTATION

1.1 Each bidder (hereinafter sometimes referred to as "Bidder) by making a (hereinafter sometimes referred to as "Bid") represents and warrants that Bidder has visited and examined the Site and the Contract Documents, that Bidder is familiar with the local conditions under which the Work is to be performed, that Bidder has correlated personal observations with the requirements of the Contract Documents, and that where the Contract Documents require, in any part of the Work, a given result to be produced, the Contract Documents are adequate and that Bidder will produce the required result within the Bid price and that the Bid is made in accordance therewith.

1.2 Failure to so examine the Contract Documents and the Site will not relieve any Bidder from any obligation under the Bid as submitted. Neither the Commonwealth nor the Designer will be responsible for errors, omissions and/or charges for extra work arising from Bidder's failure to familiarize itself with the Contract Documents or existing conditions.

SECTION 2 – Intentionally omitted

SECTION 3 -- REQUESTS FOR INTERPRETATION

3.1 Any questions by prospective Bidders concerning interpretation of the Contract Documents must be submitted in writing to the Awarding Authority and should be in its possession at least three working days before the date set for the receipt of general Bids. The Awarding Authority will email any addenda or written interpretations that it deems necessary to Bidders who have taken out plans at the email address given by them before the date set for the receipt of affected Bids. Bidders may not rely upon oral communications or interpretations from the Awarding Authority or the Designer and the Awarding Authority shall not be bound by them.

3.2 It is the sole responsibility of the Bidder to ascertain the existence of any addenda issued by the Awarding Authority, whether or not the same are mailed to, or received by, Bidder. Copies of addenda will be made available for inspection at the locations listed in the Advertisement where the Contract Documents are on file.

3.3 Wherever in the Contract Documents reference is made to Massachusetts General Laws, it shall be construed to include all amendments thereto effective as of the date of the issuance of the invitation to bid on the proposed work.

SECTION 4 -- PREPARATION OF BIDS; ALTERNATES

4.1 General Bids shall be submitted on the Form for General Bid included in Attachment B to these Instructions to Bidders.

4.2 All entries on the Bid form shall be typewritten or in ink.

4.3 Where so indicated on the Bid form, sums shall be expressed in both words and numerals. Where there is a discrepancy between the Bid sum expressed in words and the Bid sum expressed in figures, the Bid sum expressed in words shall control unless the intention of the Bidder clearly is otherwise as determined by the Awarding Authority in its sole discretion.

4.4 Each Bidder shall acknowledge all required alternates in Section C on the Form for General Bid by entering the dollar amount of addition or subtraction necessitated by the alternate. General Bidders shall enter on the Form for General Bid a single amount for each alternate that shall consist of the amount for all of the work required by the Alternate.

4.5 If an alternate includes work within the Bidder's scope of work and does not involve a change in the cost of the Bid, the Bidder shall so indicate by writing "No Change" or "N/C" or "0" in the space provided for that alternate.

4.6 The lowest Bidder will be determined on the basis of the sum of the base Bid and the accepted alternates.

4.7 Each Bid must be accompanied by a bid deposit in the form of a bid bond; cash; or a check certified by, or a treasurer's or cashier's check issued by, a responsible bank or trust company, payable to the Commonwealth of Massachusetts. Any bid bond shall be (a) in a form satisfactory to the Awarding Authority, (b) with a surety company qualified to do business in the Commonwealth and (c) conditioned upon the faithful performance by the principal of the agreements contained in the Bid.

4.8 The amount of such bid deposit shall be 5% five per cent of the value of the Bid including alternates.

SECTION 5 - SUBMISSION OF BIDS

5.1 Each General Bid, including the bid deposit, shall be enclosed in a sealed envelope with the following plainly marked on the outside:

General Bid for: DRM Project No. DRM 2018-58 #02 TitleExercise Yards at Building 8 at MCI Norfolk

General Bidders name, business address, and telephone number.

5.2 All Bids must be received by the Awarding Authority at the address specified on page 1 of these Instructions to Bidders no later than the applicable date and time specified on page 1 of these Instructions to Bidders. Any Bid not received by the applicable deadline will not be accepted.

5.3 Bidding results be posted on www.commbuys.com by 1:00 PM of the day following the Bid opening. Bidding results will not be given over the telephone prior to 1:00 PM of the day following the Bid opening.

SECTION 6 - WITHDRAWAL OF BIDS; REJECTION OF BIDS

6.1 Any Bid may be withdrawn prior to the specified deadline for the receipt of Bids provided that the withdrawal shall be made by a written request signed by a person having the authority to bind the Bidder. The written request must be hand delivered or otherwise delivered to the Awarding Authority’s Bid Room addressed to the attention of the Bid Room Manager and must be received on or before the date and time appointed as the deadline for the receipt of Bids.

6.2 A Bidder may withdraw its Bid without penalty at any time up to the time of Award as defined below in subsection 8.1 only upon demonstrating to the satisfaction of the Awarding Authority that a death or disability has occurred or a bona fide clerical or mechanical error of a substantial nature was made during the preparation of the bid. Failure to demonstrate conclusively that a bona fide clerical or mechanical error of a substantial nature was made may result in forfeiture of the Bid deposit.

6.3 The Awarding Authority reserves the right to waive any informality in or to reject any and all Bids if it is in the public interest to do so. Without limiting the foregoing, the Awarding Authority reserves the right to reject unit prices which it deems unduly high or unduly low as unbalanced.

SECTION 7 – MBE, WBE, and SDVOBE PARTICIPATION

7.1 The apparent low Bidder's compliance with the requirements of this Section 7 is a prerequisite for receiving the Award of the Contract.

7.2 The MBE, WBE, and SDVOBE participation goals for this Contract are as set forth on the first page of these Instructions to Bidders. The Awarding Authority reserves the right to reduce or waive the participation goals established for this Contract upon written request made by a general Bidder within the time frame set forth in Section 7.3. Such written request must demonstrate to the satisfaction of the Awarding Authority that it is not feasible for a general Bidder to meet the goals established for this Contract based upon any or all of the following: (i) actual M/WBE or SDVOBE availability, (ii) the geographic location of the project to the extent related to availability, (iii) the scope of the work, (iv) the percentage of work available for subcontracting to M/WBEs or SDVOBEs and/or (v) other relevant factors, including a documented inability by the prospective Bidder to obtain commitments from M/WBE or SDVOBE subcontractors sufficient to meet the goals after having made a diligent, good faith effort to do so. All of the foregoing documentation shall accompany the Bidder's request for a reduction or waiver of the participation goals. Such documentation shall include, at a minimum, the following:

· A list of all items of work under the Contract that the Bidder made available for subcontracting to M/WBEs or SDVOBEs. The Bidder shall identify all items of work, other than work to be performed by filed sub-Bidders, that the Bidder did not make so available and shall state the reasons for not making such work available for subcontracting to M/WBEs or SDVOBEs. The Bidder shall also demonstrate that, where commercially reasonable, subcontracts were divided into units capable of being performed by M/WBEs or SDVOBEs.

· Evidence that the Bidder sent written notices soliciting Bids or proposals to perform the items of work made available by the Bidder for subcontracting to M/WBEs or SDVOBEs to all qualified to perform such work. The Bidder shall identify (i) each M/WBE or SDVOBE solicited, and (ii) each M/WBE listed in the SOMWBA directory under the applicable trade category that was not solicited and reasons therefor. The Bidder shall also state the dates that notices were mailed and provide a copy of the written notice(s) sent.

· Evidence that the Bidder made reasonable efforts to follow up the written notices sent to M/WBEs or SDVOBEs with telephone calls or personal visits in order to determine with certainty whether they were interested in performing the work. Phone logs or other documentation must be submitted.

· A statement of the response received from each M/WBE or SDVOBE solicited, including the reason for rejecting any of those who submitted a bid or proposal.

· Evidence of efforts made to assist M/WBEs or SDVOBEs that needed assistance in obtaining bonding or insurance, or lines of credit with suppliers if the inability of M/WBEs or SDVOBEs to obtain bonding, insurance, or lines of credit is the reason given for the Bidder's inability to meet the participation goals.

The Bidder may also submit any other information supporting its request for a waiver or reduction in the M/WBE or SDVOBE participation goals, including without limitation evidence that the Bidder placed advertisements in appropriate media and trade association publications announcing the Bidder's interest in obtaining bids or proposals from M/WBEs or SDVOBEs, and/or sent written notification to economic development assistance agencies, trade groups and other organizations notifying them of the Contract and the work to be subcontracted by the Bidder to M/WBEs or SDVOBEs. The Bidder shall also submit any other information reasonably requested by the Awarding Authority to show that the Bidder has taken all actions that could reasonably be expected to achieve the participation goals.

7.3 Requests to reduce or waive the W/MBE or SDVOBE participation goals for this Contract must be received by the Awarding Authority no later than fourteen (14) calendar days before the date set for the receipt of general Bids. THE AWARDING AUTHORITY WILL NOT CONSIDER ANY REQUEST TO REDUCE OR WAIVE THE PARTICIPATION GOALS FOR THIS CONTRACT THAT IS RECEIVED AFTER THESE DEADLINES. Any reduction or waiver of the participation goals for this Contract will be made by written addendum emailed to all persons who have taken out plans for the project.

7.4 SDP Plan Form #1 (SDP Commitment) must be submitted as part of the general bid in order to meet the mandatory participation requirements of the SDP.

7.5 Within 30 days of contract execution, the Contractor must submit SDP Plan #2 — Supplier Diversity Program (SDP) Plan - Declaration of SDP Partner(s).

7.6 SDP Plan Form #3- Reporting Form must be submitted by Contractor within 45 days of the end of each quarter.

SECTION 8 -- CONTRACT AWARD

8.1 "Award" means the determination, selection, and notification of the lowest, responsible and eligible Bidder by the Awarding Authority.

8.2 The Awarding Authority will award the Contract within thirty days, Saturdays, Sundays, and legal holidays excluded after the opening of Bids in accordance with M.G.L. c.149 §44A.

8.3 The Contract will be awarded to the lowest responsible and eligible Bidder as determined by the Awarding Authority, except in the event of substitution as provided under M.G.L. c.l49, sections 44E and 44F, in which cases the procedure as required by said sections shall govern the award of the Contract.

8.4 As used herein, the term "lowest responsible and eligible Bidder" shall mean the General Bidder whose Bid is the lowest of those Bidders who, in the Awarding Authority's opinion, are ready, willing and able to comply with all requirements of the Contract Documents and demonstrably possess the skill, ability, and integrity necessary for the faithful performance of the Work, based on the determination of past performance and financial soundness under (i) M.G.L. c.l49 §44A and following sections, (ii) the rules, regulations, orders, guidelines and policies promulgated from time to time by the Commissioner of the Division of Capital Asset Management and Maintenance ("DCAMM") and (iii) any other relevant criteria that the Commissioner may prescribe.

8.5 The General Bid price shall be the price set forth in paragraph C of the Form for General Bid. No Bid shall be rejected (i) because the sum of the prices set forth in Item 1 and 2 does not equal the general Bid price set forth in said paragraph C or (ii) because the plans and specifications do not accompany the Bid or are not submitted with the Bid.

8.6 Should the Contract Documents require submission of special data to accompany the Bid, the Awarding Authority reserves the right to rule the Bidder's failure to submit such data an informality and to receive said data subsequently within a reasonable time as set by the Awarding Authority, provided that no such ruling shall result in an unfair advantage to the Bidder.

SECTION 9 - EXECUTION OF CONTRACTS

9.1 Upon receipt of the Award, the General Bidder awarded the Contract shall submit three (1) properly executed original of each of the following documents prior to execution of the Contract by the Awarding Authority. All such documents shall be in the form prescribed by the Awarding Authority.

· Owner-Contractor Agreement

· Certificate of Corporate Vote

· Joint Venture Authorization (if appropriate)

· Payment Bond with power of attorney attached

· Certificates of Insurance evidencing coverage in amounts required by the Contract Documents

· Any other documents that the Awarding Authority may reasonably require in connection with the Contractor's execution of the Contract.

· Note: SDP Plan Form #2 must be submitted by Contractor within a period of up to 30 days of Contract Execution.

9.2 Please note that no part of the Contractor's work may be subcontracted without the prior written approval of the Awarding Authority. If the Contractor desires to subcontract any part of the Work, , the Contractor must promptly forward to the Awarding Authority a list in triplicate designating the work to be performed and the name of each proposed subcontractor for approval by the Awarding Authority. Approved subcontractors are eligible for direct payments under M.GL. 30, s. 39F, as amended. Material suppliers not involving site labor need not be submitted for approval.

SECTION 10 - RETURN OF BID DEPOSITS

10.1 All Bid deposits of Bidders, except those of the three (3) lowest responsible and eligible general Bidders, shall be returned after the opening of the general Bids. The Bid deposits of the three (3) lowest responsible and eligible Bidders shall be returned upon the execution and delivery of the General Contract or, if no award is made, upon the expiration of the time prescribed in M.G.L. c. 149, s. 44A for making an award; except that, if any Bidder fails to perform its agreement to execute the Contract and furnish Performance and Payment Bonds as stated in its Bid, then said Bidder's Bid deposit shall become the property of the Commonwealth as liquidated damages; provided that the amount of the Bid deposit that becomes the property of the Commonwealth shall not exceed the difference between the Contractor's Bid price and the Bid price of the next lowest responsible and eligible Bidder; and provided further that, in the case of death, disability, bona fide clerical or mechanical error of a substantial nature, or other similar unforeseen circumstances affecting the general Bidder, such general Bidder's Bid deposit shall be returned.

10.2 In addition to the provisions for the return of Bid deposits as provided above, upon receipt of a Bid Bond in an amount not less than the amount of the required Bid deposit, the Awarding Authority shall return any Bid deposit of a Bidder forthwith after the public opening of Bids.

ATTACHMENT A

PREVAILING WAGE SCHEDULE

The minimum wage rates included in this package have been provided by the Division of Occupational Safety of the Massachusetts Department of Labor and Workforce Development. The Awarding Authority is not responsible for errors or omissions in such wage rates.

You can find the Wage Rates at www.commbuys.com under the “Attachments” Tab for this solicitation.

M.G.L. c. 149, s. 26 and 27 provide as follows:

". . . Payments by employers to health and welfare plans, pension plans and supplementary unemployment benefit plans under collective bargaining agreements or understandings between organized labor and employers shall be included for the purpose of establishing minimum wage rates as herein provided.

. . . The aforesaid rates of wages in the schedule of wage rates shall include payments by employers to health and welfare plans, pension plans and supplementary unemployment benefit plans as provided in said section twenty-six, and such payments shall be considered as payments to persons under this section performing work as herein provided. Any employer engaged in the construction of such works who does not make payments to a health and welfare plan, a pension plan and a supplementary unemployment benefit plan, where such payments are included in said rates of wages, shall pay the amount of said payments directly to each employee engaged in said construction "

ATTACHMENT B

Massachusetts Department of Correction Division of Resource Management 50 Maple Street, Suite 2 Milford, MA 01757

FORM FOR GENERAL BID

For M.G.L. c. 30, §39 M Public Works Projects over $50,000

The following must be attached to or inserted into this Bid:

1. Complete Statement of Prior Relevant Experience, Facilities, Equipment, References and any other information called for as further set forth in Project Specifications.

2. Bid deposit meeting the requirements of Section 4.7 and 4.8 of the Instructions to Bidders.

FORM FOR GENERAL BID

To the Awarding Authority: Department of Correction

A. The undersigned proposes to furnish all labor and materials required for Project No. DRM 2018-58 #02, Project Name: Installation of 15 secured exercise yards behind building 8 located at MCI Norfolk in MCI Norfolk, 2 Clark Street, Norfolk, MA 02056, in accordance with the accompanying plans and specifications prepared by the Department of Correction for the contract price specified below, subject to additions and deductions according to the terms of the specifications.

B. This bid includes addenda numbered _______________________________________.

C. The proposed contract price is ________________________________________________________________($_______________).

(Total bid in words)

For Alternate No. 1: Add $_______________ Subtract $________________

Name of General Bidder ________________________________________________

D. The undersigned agrees that, if it is selected as general contractor, it will within five days, Saturdays, Sundays and legal holidays excluded, after presentation thereof by the awarding authority, execute a contract in accordance with the terms of this bid and furnish a performance bond and also a labor and materials or payment bond, each of a surety company qualified to do business under the laws of the Commonwealth and satisfactory to the awarding authority and each in the sum of the contract price, the premiums for which are to be paid by the general contractor and are included in the contract price.

The undersigned hereby certifies that he/she 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 (OSHA) that is at least ten 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 39M of Chapter 30 of the General Laws.

The undersigned further certifies under penalties of perjury that the undersigned is not debarred from doing public construction work under any law, rule or regulation of the federal government.

The undersigned hereby declares that the undersigned has carefully examined the Advertisement, Instructions to Bidders, Owner - Contractor Agreement, General Conditions of the Contract, Special Conditions (if any), Plans and Specifications, all other Contract Documents, and also the Site upon which the proposed work is to be performed. The undersigned further declares that in regard to the conditions affecting the work to be done and the labor and materials needed, this proposal is based solely on the undersigned's own investigation and research and not in reliance upon any representation of any employee, officer or agent of the Commonwealth

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;

· we are the only persons interested in this proposal;

· that it is made without any connection with any other person making any bid for the same work and without directly or indirectly influencing or attempting to influence any other person to bid to refrain from bidding or to influence the amount of the bid of any other person or corporation;

· that no person acting for, or employed by, the Commonwealth of Massachusetts is directly or indirectly interested in this proposal, or in any contract which be made under it, or in expected profits to arise therefrom.

· As used above the word "person" shall mean natural person, joint venture, partnership, corporation or other business or legal entity.

The undersigned certifies that it shall comply with the provisions of the Equal Employment Opportunity, Non-Discrimination, and Affirmative Action Program set forth in the General Conditions of the Contract.

Should the Contract Documents require submission of special data to accompany the bid, the Awarding Authority reserves the right to rule the bidder's failure to submit such data an informality and to receive said data subsequently within a reasonable time as set by the Awarding Authority.

Date______________________, 20___.

(Name of General Bidder)

By____________________________________________________ (Name of Person Signing Bid and Title)

(Business Address)

(City and State)

(Telephone Number)

(Facsimile Number)

(e-mail Address)

(Website)

The following information is furnished by the Bidder for the information of the Department of Correction.

Bidder’s Vendor Code or TIN#_______________________________________________ Is Bidder a corporation? ____ If so, incorporated in what state?_____________________ President________________________________________________________________ Secretary or Clerk ________________________________________________________ Treasurer________________________________________________________________ If Bidder is a foreign corporation, is it registered to do business in Massachusetts?______ If Bidder is a foreign corporation and is selected, Bidder is required under M.G.L. c. 30, s. 39L to obtain from the Massachusetts Secretary of State, One Ashburton Place, 17th floor, a certificate stating that the corporation is registered to do business in Massachusetts, and to furnish said certificate to the awarding authority prior to the award.

Is Bidder a general partnership or joint venture? _____ If so, name each partner or venturer_________________________________________________________________ Is Bidder a limited partnership? ______________________________________________ Is Bidder registered in Massachusetts? ____ If so, name each general partner __________ If Bidder is a foreign limited partnership and is selected, Bidder is required under M.G.L. c. 30, s. 39L to obtain from the Massachusetts Secretary of State, One Ashburton Place, 17th floor, a certificate stating that the partnership is registered to do business in Massachusetts, and to furnish said certificate to the awarding authority prior to the award.

For each general partner or venturer that is a corporation, provide the following information (use additional sheets if necessary):

Name of corporation ______________________________________________________ State of incorporation______________________________________________________ President________________________________________________________________ Secretary or Clerk ________________________________________________________ Treasurer________________________________________________________________

Name of corporation ______________________________________________________ State of incorporation______________________________________________________ President________________________________________________________________ Secretary or Clerk ________________________________________________________ Treasurer________________________________________________________________

Is Bidder an individual? ____________________________________________________ Residence Address________________________________________________________ Name under which Bidder does business_______________________________________ Business Address_________________________________________________________

If selected Bidder is an individual doing business under a different name then Bidder must furnish evidence of any required DBA filing.

PART II

Forms for Contract Execution

Forms Used During Contract Award and Execution:

Owner-Contractor Agreement Exhibit C: Additional Insurance Provisions (if any) Payment Bond Supplier Diversity Plan (SDP) Forms #2 and #3 Certificate of Corporate Vote Certificate of Compliance with State Tax Laws Executive Order 504 Contractor Authorized Signatory Listing Certificate of Compliance with Employment Eligibility Verification Requirements (I-9) Request for Taxpayer Identification Number and Certification (W-9) Commonwealth Terms and Conditions Electronic Funds Transfer Sign Up

STANDARD CONSTRUCTION CONTRACT

For Site Work Projects Only Subject to G.L. c. 30, §39M

OWNER - CONTRACTOR AGREEMENT

Awarding Authority: Department of Correction Department Code: DOC

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 50 Maple Street, Suite 3 Milford, Massachusetts 01757 , 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 Exercise Yards at Building 8 at MCI Norfolk, Installation of 15 secured exercise yards behind building 8 located at MCI Norfolk, Contract No. DRM 2018-58 #02, in accordance with and as described in the Plans and Specifications dated _________________, 20_____, prepared by _______________________________________________ (“Designer"), as modified by Addenda Nos.____________________ dated ____________________, 20_____.

Article 2. Time for Completion. The Contractor shall commence the Work under this Contract on the date specified in the written "Notice to Proceed," and shall, within 180 days after such date, bring the Work to Substantial Completion and to the point at which a Certificate of Agency Use and Occupancy may be issued, and shall bring the Work to Final Acceptance within 30 days after the date specified for Substantial Completion.

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 other portions of the Work without the prior written approval of the Awarding Authority.

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.

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

· 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 Plans and Specifications, including Addenda identified in Article 1 above

· All Approved Change Orders issued after execution of this Owner - Contractor Agreement

Article 7. Supplier diversity Program Participation Goals: The applicable goals, if any, for minority, woman, and service-disabled veteran business enterprise participation established for this Contract are as follows:

MBE and WBE combined: 10.4 % of the Contract Price; SDVOBE: 3% or the Contract Price.

Article 8. Liquidated Damages. For the purposes of Article VI of the General Conditions of the Contract, liquidated damages for delay shall be as follows: $1000 per day for every day beyond the contract completion date or completion date as extended will be withheld as a special reserve to be applied as liquidated damages, if any, the amount of said damages to be determined as per the above mentioned method.

Article 9. Additional Insurance Provisions. The insurance requirements set forth in Article XIV 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: ___________________________________________

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 penalties of perjury that this Contract is executed in accordance with a prior approval of the Division of Capital Asset Management and Maintenance, and further certifies under the penalties of perjury that all the applicable provisions of M.G.L. c. 149, s. 44J, have been complied with.

By: ____________________________________________

Name: __________________________________________

Title: ___________________________________________

Date: ___________________________________________

EXHIBIT C

Additional Insurance Provisions

N/A

PAYMENT BOND

Know all men by these presents, that _________________as principal, and _________________________as surety, are held and firmly bound unto the Commonwealth of Massachusetts in the sum of _________ in lawful money of the United States of America, to be paid to the Commonwealth of Massachusetts, for which payments, well and truly to be made, we bind ourselves, our respective heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

Whereas, the said principal has made a Contract with the Commonwealth acting through its _______________ (“Awarding Authority”) bearing date of ______________________, for the construction of Project No. DRM 2018-58 #02, Project Name Installation of 15 secured exercise yards behind building 8 located at MCI Norfolk

Now the condition of this obligation is such that if the principal shall pay for all labor performed or furnished and for all materials used or employed in said Contract and in any and all duly authorized modifications, alterations, extensions of time, changes or additions to said Contract that may hereafter be made, notice to the surety of such modifications, alterations, extensions of time, changes or additions being hereby waived, the foregoing to include any other purpose or items set out in, and to be subject to, provisions of Massachusetts General Laws Chapter 30, section 39A, and Chapter 149, section 29, as amended, then this obligation shall become null and void; otherwise it shall remain in full force and virtue.

In witness whereof we hereunto set our hand and seals this _________ day of _________________________, 20__.

Surety Address _________________________

DEPARTMENT OF CORRECTION

Project Number: DRM 2018-58 #02 Installation of 15 secured exercise yards behind building 8 located at MCI Norfolk

Supplier Diversity Program (SDP) Plan Commitment SDP Plan Form #1 (To be submitted with Bid Response)

Contract/RFR Document Number:

Instructions: Completing all parts of this form is mandatory. Please read instructions in the SDP section of the solicitation. Complete one form and submit with Bid.

Part I Bidder/Contractor Information (Required)

Business Name:

Contact Name:

Part II Financial Commitment (Required)

Provide a specific percentage committed (as a percentage of Bidder/Contractor sales derived from this contract for the life of the contract) to be spent with all certified SDP Partners that the Bidder will propose if awarded a Contract. Please note that prime bidders who are SDO-certified must also submit an SDP Plan Form.

Supplier Diversity Program (SDP) Resources:

· Resources available to assist Prime Bidders in finding potential Minority Business Enterprises (MBE) and Women Business Enterprises (WBE) partners can be found on the Supplier Diversity Program Webpage (www.mass.gov/sdp).

· Resources available to assist Prime Bidders in finding potential Service-Disabled Veteran-Owned Business Enterprise (SDVOBE) partners can be found on the Supplier Diversity Office Webpage (www.mass.gov/sdo).

· The Supplier Diversity Program offers training on the SDP Plan requirements. The dates of upcoming trainings can be found on the OSD Training Courses Webpage. In addition, the SDP Webinar can be located on the Supplier Diversity Program Webpage (www.mass.gov/sdp).

Supplier Diversity Program (SDP) Plan - Declaration of SDP Partner(s) SDP Plan Form #2 (Must be submitted by Contractor within a period of up to 30 days (or as stated in RFR) of Contract Execution)

Contract/RFR Document Number:

Instructions: Completing all parts of this form is mandatory. Please read instructions in the SDP section of the solicitation. Complete one form and submit within a period of up to 30 days (or as stated in RFR) of Contract Execution. See SDP and SDVOBE Resource information below to assist in partnering with certified businesses.

Part I Contractor Information (Required)

Please note that prime bidders who are SDO-certified must also submit an SDP Plan Form and may not list themselves as an SDP Partner. Check any of the following that are applicable to the Bidder:

|_| Minority-owned Business Enterprise (MBE); Certification Expiration Date (If applicable): / / |_| Women-owned Business Enterprise (WBE); Certification Expiration Date (If applicable): / / |_| Non-Profit Organization (NPO); Certification Expiration Date (If applicable): / / |_| Service-Disabled Veteran-owned Business Enterprise (SDVOBE); Certification Expiration Date (If applicable): / /

Identify Business Opportunities for SDP Partners (Optional):

Part II Contractor’s SDP Partners (Required) (Fill in Applicable Lines; Insert Additional Rows as Needed)

Planned SDP Partner’s Company Name

|_| WBE

|_| MNPO/WNPO/MWNPO

|_| SDVOBE

|_| WBE

|_| MNPO/WNPO/M/WNPO

|_| SDVOBE

|_| WBE

|_| MNPO/WNPO/MWNPO

|_| SDVOBE

|_| WBE

|_| MNPO/WNPO/M/WNPO

|_| SDVOBE

Part III Under the pains and penalties of perjury I certify that the information provided on this form is accurate. (Required)

(May be left blank if submitted electronically) Date: / /

*The Supplier Diversity Office and contracting Department reserve the right to contact SDP Partners at any time to request that they attest to the amounts reported to have been paid to them by the Contractor.

** SDP Partner Certification Acronyms: MBE = Minority-owned Business Enterprise; WBE = Women-owned Business Enterprise; SDVOBE = Service-Disabled Veteran-owned Business Enterprise.

*** Certification Status can be checked on the Supplier Diversity Program Webpage (www.mass.gov/sdp).

Supplier Diversity Program (SDP) Resources:

Resources available to assist Prime Bidders in finding potential Minority Business Enterprises (MBE) and Women Business Enterprises (WBE) partners can be found on the Supplier Diversity Program Webpage (www.mass.gov/sdp).

· Resources available to assist Prime Bidders in finding potential Service-Disabled Veteran-Owned Business Enterprise (SDVOBE) partners can be found on the Supplier Diversity Office Webpage (www.mass.gov/sdo).

· The Supplier Diversity Program offers training on the SDP Plan requirements. The dates of upcoming trainings can be found on the OSD Training Courses Webpage. In addition, the SDP Webinar can be located on the Supplier Diversity Program Webpage (www.mass.gov/sdp).

SDP Plan Form #3- Reporting Form (Must be submitted by Contractor within 45 days of the end of each quarter)

Form to be found on www.Commbuys.com

CERTIFICATE OF CORPORATE VOTE

_______________________ 20 ____

I hereby certify that I am the clerk, or assistant clerk, of

___________________________________________ (the “Corporation”) and that at a (Name of Corporation) duly authorized meeting of the Board of Directors of the Corporation held on

_____________________________ in ____________________ at which a quorum was (Date) (Location) present and voting it was voted to authorize _____________________________________ (Name) ______________________________________________ of the Corporation to execute (Officer Title) and deliver on behalf of the Corporation the following contract and to act as principal to execute bonds in connection therewith, which contract and bonds were presented to and made a part of the records of said meeting:

DRM Project No. DRM 2018-58 #02 Project Title: Installation of 15 secured exercise yards behind building 8 located at MCI Norfolk

I further certify that ______________________________ is the duly

that said vote has not been repealed, rescinded or amended.

(CORPORATE SEAL)

SUBSCRIBED AND SWORN TO THIS ____ DAY OF ________, 20____ BEFORE ME

CERTIFICATE OF COMPLIANCE WITH STATE TAX LAWS AND

WITH UNEMPLOYMENT COMPENSATION CONTRIBUTION REQUIREMENTS

Pursuant to M.G.L., Ch. 62C, s. 49A and M.G.L., Ch. 151A, s. 19A, I, ________________________________________________ authorized signatory for ________________________________ whose principal place of business is at _______________________________________________________ do hereby certify under penalties of perjury that ___________________________________ has filed all state tax returns and paid all taxes as required by law and has complied with all state laws pertaining to contributions to the unemployment compensation fund and to payments in lieu of contributions.

The Business Organization Social Security Number or Federal Identification Number is ________________________.

Name and Title: ________________________________________

Electronic Funds Transfer Form: Please sign up online at: https://massfinance.state.ma.us/VendorWeb/eftRegisterfrm.asp

PART III

GENERAL CONDITIONS OF THE CONTRACT

STANDARD CONSTRUCTION CONTRACT

FOR PROJECTS INVOLVING SITE WORK/SITE REMEDIATION

GENERAL CONDITIONS OF THE CONTRACT

TABLE OF CONTENTS

ARTICLE I: DEFINITION OF TERMS -- p. 5

ARTICLE II: EXECUTION OF THE CONTRACT, SCOPE OF WORK,

INTERPRETATION OF CONTRACT DOCUMENTS -- p. 7

1. Execution -- p. 7

2. Scope Of Work -- p. 7

3. Interpretation -- p. 7

4. Distribution of Work -- p. 8

5. Contract Price -- p. 8

ARTICLE III: CONTROL OF WORK / ADMINISTRATION OF THE CONTRACT -- p. 8

1. Designer -- p. 8

2. Right Of Access to Work -- p. 9

3. Inspection No Waiver -- p. 9

ARTICLE IV: GENERAL PERFORMANCE OBLIGATIONS OF THE CONTRACTOR -- p. 9

1. Review Of Contract Documents and Field Conditions -- p. 9

2. Supervision and Construction Procedures; Coordination; Cutting, and Patching – p. 9

3. Superintendent -- p. 10

4. Labor -- p. 10

5. Notices and Permits -- p. 11

6. Lines, Marks Etc. -- p. 11

7. Excavation -- p. 11

8. Dewatering/Hoisting/Staging -- p. 11

9. Corrections To The Work; Inspection No Bar To Subsequent Corrections -- p. 12

10. Sanitary Facilities -- p. 12

11. Temporary Offices -- p. 12

12. Contract Documents at the Site -- p. 13

13. Telephones -- p. 13

14. Safety Regulations/ Site Protection -- p. 13

15. Debris and Chemical Waste -- p. 15

16. Weather Protection -- p. 15

17. Furnishings and Equipment -- p. 16

18. Form For Sub-Contract -- p. 16

19. Sales Tax Exemption and Other Taxes -- p. 16

20. Final Cleaning -- p. 16

21. Maintenance Data -- p. 16

22. Closeout Procedures -- p. 17

23. Risk of Loss -- p. 17

ARTICLE V: MATERIALS AND EQUIPMENT -- p. 17

1. Materials Generally --p. 17

2. Shop Drawings, Product Data, And Samples -- p. 17

3. Tests -- p. 18

4. "Or Equal" Submissions -- p. 18

5. Delivery and Storage of Materials; Inspection -- p. 19

6. Defective, Damaged, Deteriorated Materials and Rejection Thereof -- p. 19

ARTICLE VI: PROSECUTION AND PROGRESS -- p. 20

1. Beginning, Progress Schedule, And Completion of Work -- p. 20

2. Failure To Complete Work On Time - Liquidated Damages -- p. 21

3. Delays; Statutory Provisions -- p. 22

4. Use and Occupancy Prior To Final Acceptance-- p. 22

5. Certificate of Agency Use and Occupancy -- p. 23

6. Final Acceptance of the Work -- p. 24

7. One Year Warranty Repair List and Inspection -- p. 25

ARTICLE VII: CHANGES IN THE WORK -- p. 25

1. Change Orders Generally -- p. 25

2. Methods of Computing Equitable Adjustments -- p. 25

3. Work Performed Under Protest -- p. 26

4. False Claims, Statutory Provisions Regarding Changes -- p. 27

5. Mandatory Mediation -- p. 28

ARTICLE VIII: PAYMENT PROVISIONS -- p. 29

1. Schedule Of Values -- p. 29

2. Payment Liabilities of the Contractor -- p. 29

3. Retention of Moneys by Awarding Authority -- p. 29

4. Applications for Payment -- p. 30

5. Periodic Payments (M.G. L. c. 30, s. 39K) -- p. 31

6. Payment of Subcontractors (M.G.L. c. 30, s. 39F) -- p. 32

7. Contracts For Public Works governed by M.G.L. c. 30, s. 39G -- p. 35

8. Final Payment; Release of Claims by Contractor -- p. 37

ARTICLE IX: GUARANTEES AND WARRANTIES -- p. 37

1. General Warranty -- p. 37

2. Special Guarantees and Warrantees -- p. 37

ARTICLE X: MISCELLANEOUS LEGAL REQUIREMENTS -- p. 38

1. Contractor to Be Informed -- p. 38

2. Compliance with All Laws -- p. 38

ARTICLE XI: CONTRACTOR'S ACCOUNTING METHOD REQUIREMENTS (M.G.L. c., s. 39R) -- p. 41

1. Definitions -- p. 41

2. Record Keeping -- p. 42

3. Statement of Management Controls -- p. 42

4. Annual Financial Statement -- p. 42

5. Bid Pricing Materials -- p. 42

ARTICLE XII: EQUAL EMPLOYMENT OPPORTUNITY, NON-DISCRIMINATION AND AFFIRMATIVE ACTION PROGRAM -- p. 43 (See Appendix A.)

ARTICLE XIII: GOALS FOR PARTICIPATION BY MINORITY BUSINESS ENTERPRISES AND WOMEN BUSINESS ENTERPRISES (EXECUTIVE ORDER 390) -- p. 43 (See Appendix B)

ARTICLE XIV: INSURANCE REQUIREMENTS -- p. 43

1. Insurance Generally -- p. 43

2. Contractor's Commercial General Liability -- p. 44

3. Vehicle Liability -- p. 44

4. Pollution Liability -- p. 44

5. Worker's Compensation -- p. 44

6.