COMMONWEALTH OF MASSACHUSETTS

MASSACHUSETTS DEPARTMENT OF TRANSPORTATION

PROPERTY SERVICES

CONTRACT DOCUMENTS

MASSDOT PROJECT NO.: 616548

CONTRACT NUMBER: 136424

CONTRACT ESTIMATE: $4,000,000.00

FOR CONSTRUCTION OF

BOSTON – HVAC MAINTENANCE AND REPAIR

AT STATE TRANSPORTATION BUILDING AND

HAYMARKET CENTER

Boston, Massachusetts 02109 in accordance with M.G.L. c. 149, §§ 44A-44F.

This Proposal to be opened and read:

GENERAL BIDS: Tuesday October 20, 2026 @ 2:00 P.M.

Massachusetts Department of Transportation Property Services Proposal No. 616548-136424

September 15, 2026 TABLE OF CONTENTS

BID SET 000110 - 1

DOCUMENT 000110

TABLE OF CONTENTS

Document No. and Title Pages

Cover Sheet Document 000110 Table of Contents 000110-1 Document 001004 Instructions to Bidders 001004-1 through 11 Document 004380 DCAMM Standard Contractor Evaluation Forms 004380-1 through 9 Document 005100 Owner Contractor Agreement 005100-1 through 3 Document 007000 General Conditions of the Contract 007000-1 through 73 Document 007100 Supplementary General Conditions and Specifications 007100 -1 through 36 Document 007610 Special Provisions for Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion 007610-1 through 4 Document 008200 The Commonwealth of Massachusetts Supplemental Equal Employment Opportunity, Non-Discrimination and Affirmative Action Program 008200-1 through 5 Document 008210 Electronic Reporting Requirements Civil Rights Program and Certified Payroll 008210-1 through 2 Document 008590 Contractor/Subcontractor Certification Form 008590-1 through 2 Document 008600 Commonwealth of Massachusetts Public Employment Laws 008600-1 through 2 Document 008610 State Wage Rates 008610-1 through 31 Document A00820 Request for Release of MassDOT AutoCAD files form A00820-1 through 2 Document B00521 Form for General Bid B00521-1 through 12 Document B00522 Forms to be Submitted by Successful General Bidder B00522-1 Document B00523 Certificate of Final Inspection, Release and Acceptance B00523-1 through 2 Document B00847 NFA Joint Venture Affidavit B008470-1 through 4

END OF TABLE OF CONTENTS

Contractor Certification Office One Ashburton Place, 15th Floor, Boston MA 02108 857.204.1305

Revised September 2021

STANDARD CONTRACTOR EVALUATION FORM

This is the Standard Contractor Evaluation form for both PRIVATE and PUBLIC projects.

Private Project: Private projects include vertical building work performed for private parties, federal agencies and all out of state work.

Who completes and signs this form for a Private project?

Evaluations for private projects can be prepared and signed by the project owner or by an individual responsible for the oversight of the project (e.g. general Contractor, architect, owner's project manager).

Public Project: Public projects only include vertical building work performed for state agencies, state commissions or authorities, state schools, state hospitals and municipalities in the state of Massachusetts.

Who completes and signs this form for a Public project?

All public evaluations must be signed by an official from the public awarding authority.

For public projects under $1,500,000.00, the public awarding authority may have a representative or any other party responsible for the oversight of the project (e.g. general Contractor, architect, owner's project manager, architect/designer) complete and sign the evaluation.

For public projects $1,500,000.00 and above, the Owner's Project Manager (OPM) responsible for oversight of the project must complete and sign the evaluation.

Massachusetts state law requires Public Evaluation Forms be completed by the Awarding Authority and submitted to DCAMM upon completion of the project. Per state law a copy of the evaluation must be sent to the Contractor.

Public Awarding Authorities are required to complete an evaluation form at the 50% mark of a project and submit it to the Contractor as a preliminary evaluation of its performance. These “Preliminary Evaluations” are intended for informational purposes only and should not be submitted to DCAMM.

Click the link for more detailed instructions and statutory references.

Completed evaluation forms must be emailed to certeval.dcamm@state.ma.us, with a copy to the email address of the assigned Compliance Officer, if known.

CONTRACT DOCUMENT 004380

https://www.mass.gov/service-details/contractor-certification-statutes-regulations-and-guidelines mailto:certeval.dcamm@state.ma.us

Revised September 2021

GENERAL INFORMATION PAGE

(To be completed only by the evaluator)

Title:

Telephone:

Evaluator/OPM Info:

Name:

Awarding Authority/Company Name:

Email Address:

Contractor Being Evaluated:

Company Name:

Contractor ID# (if known) Project ID# (if known)

☐ This project is complete/substantially complete, and this is a Final Evaluation.

☐ This project is not complete, and this is a Preliminary Evaluation.

Project Info:

Project Name and Location:

Project Owner:

Detail this Contractors scope of work:

Contract Start Date (mm/dd/yyyy): Contract End Date (mm/dd/yyyy):

Actual Completion Date (if different from Contract End Date) (mm/dd/yyyy):

Is this a maintenance contract? Yes ☐ No ☐ Does this project meet the Secretary of the Interior’s Standards for Historical Rehabilitation issued by the U.S. Department of the Interior? Yes ☐ No ☐

Project Contract Cost for Contractor being Evaluated (including change orders, if any): $ (If change order amount unknown for subcontractor, estimate as 5% of subcontract amount)

Total Contract Cost $ (If estimated total project cost was $1,500,000 or greater, an Owner’s Project Manager signature is required.)

Did the Contractor execute this project using their own employees? Yes ☐ No ☐

Revised September 2021

EVALUATION QUESTIONS

Please rate this Contractor’s performance for each of the following Categories. Written comments are extremely helpful, and if you rate the performance below “Average” in any category, a detailed written explanation with specifics must be provided. Failure to provide written comments for below Average performance may result in the evaluation being deemed unreliable.

If additional pages are necessary for any written comments, please feel free to attach additional sheets. Be sure to clearly indicate the question number for each attached response.

Quality Control/Submittals Rating

1. How was the Quality Control process managed throughout the entire project?

Examples of things to consider (dropdown)

• Were the Contractor’s required submittals submitted in a timely fashion with proper documentation? (required submittals, shop drawings, mix designs, requisitions, progress and workforce reports, etc., as applicable)

• How well did the Contractor comply with project plans, specifications and overall understanding of scope of work?

• Did work need to be redone for reasons under this Contractor’s control?

• Was the contractor respectful toward other trades and their adjacent work?

• Did the Contractor provide layout, surveying, measuring and control lines as applicable for their work?

• Did the Contractor implement quality control testing and inspection as applicable?

• Did the Contractor use specified materials and appropriate equipment?

UNACCEPTABLE

BELOW AVERAGE

AVERAGE

ABOVE AVERAGE

EXCELLENT

Comments:

Project Management/Scheduling Rating

2. PROJECT START UP:

responsibilities?

How well did the Contractor manage project start up

Examples of things to consider: (dropdown)

• Did the Contractor obtain proper permits as required by state and local authorities as applicable for their work?

• Did the Contractor clearly communicate a project start up plan?

• Did the Contractor start the project as scheduled?

• Did the Contractor communicate crew size?

• Did the Contractor clearly communicate work hours?

• Did the Contractor provide a site logistics plan (i.e. parking, equipment/material storage, site office)?

Revised September 2021

• Did the Contractor properly plan for Construction trash/debris removal

• Did the Contractor properly communicate with abutters as applicable?

UNACCEPTABLE BELOW AVERAGE AVERAGE ABOVE AVERAGE EXCELLENT

0 7 8 9 10

Comments:

3. SCHEDULING: How efficiently did the Contractor adhere to project schedule?

NOTE: Schedule delays that are outside of the Contractor’s control are not to be considered failure to control the schedule.

Example of things to consider:

• Did the Contractor understand and execute the schedule?

• Did the Contractor adapt to changes to the project schedule as revised by approved modifications and change orders?

• How was the Contractor’s attendance and participation in scheduled planning sessions and required meetings?

• How well did the Contractor comply with the required contract schedule for submissions?

• Did the Contractor provide regular scheduled updates in a timely manner, as required?

UNACCEPTABLE BELOW AVERAGE AVERAGE ABOVE AVERAGE EXCELLENT

0 7 8 9 10

Comments:

4. STAFF PERFORMANCE: How well did the Project Management team perform throughout the project?

Examples of things to consider:

• How proficient was the Contractor in furnishing required workforce reporting (e.g., daily reports, progress updates)?

• Did the Contractor meet applicable workforce goals, benchmarks or other requirements?

• How competent was the Contractor’s/Construction Manager’s on-site supervisory personnel?

• How well did the Contractor coordinate subcontractors work, if applicable?

• How well did the Contractor identify and addressed personnel issues?

• How well did the Contractor cooperate and collaborate with other parties (e.g., owner, designer, subcontractors, project manager, boards and inspectors)?

• Did the Contractor effectively coordinate the work of all trades to ensure seamless and well-integrated construction that generally followed the project schedule?

Revised September 2021

• How well did the Project Management team identify, address and resolve problems?

UNACCEPTABLE BELOW AVERAGE AVERAGE ABOVE AVERAGE EXCELLENT

0 10 12 14 15

Comments:

5. SUBSTANTIAL COMPLETION: How well did the Contractor handle the project closeout process?

Examples of things to consider:

• Was information on project systems and materials provided by the Contractor at substantial completion (e.g., as applicable, operation and maintenance manuals, as-built drawings, material/equipment warranties, attic stock/spare parts/materials/keys)?

• Did the Contractor and its designated personnel enable a smooth transfer of operations, providing timely on and off-site training and written instructions, as needed.

UNACCEPTABLE BELOW AVERAGE AVERAGE ABOVE AVERAGE EXCELLENT

0 7 8 9 10

Comments:

Safety & Housekeeping Rating

6. How well did the Contractor maintain jobsite safety & housekeeping procedures?

• How did the Contractor comply with OSHA standards and other applicable safety plans/requirements for their work?

• How careful was the Contractor with taking precautions to ensure a safe workplace (e.g. regular safety meetings, on-site safety manager)?

• How well did the Contractor properly store materials in designated locations?

• How well did the Contractor maintain a clean site and regularly remove trash and debris?

• How well did the Contractor comply with state workplace smoking laws and jobsite policies?

UNACCEPTABLE BELOW AVERAGE AVERAGE ABOVE AVERAGE EXCELLENT

0 7 8 9 10

Revised September 2021

Comments:

Modifications and Change Orders Rating

7. How effective was this Contractor in responding to and implementing change orders?

Examples of things to consider:

• How responsive was the Contractor to owner-initiated change orders?

• Did the Contractor implement owner-initiated modifications and change orders, consistent with contract procedures?

• Were change orders fairly priced, well documented, and received in a reasonable timeframe?

• Was the Contractor reasonable with the owner’s review and negotiations?

• Did the Contractor effectively communicate each change order’s potential impacts to the project schedule?

UNACCEPTABLE BELOW AVERAGE AVERAGE ABOVE AVERAGE EXCELLENT

0 10 12 14 15

Comments:

Document Control Rating

8. How proficient was this Contractor’s document control process?

Examples of things to consider:

• Monthly Requisitions:

o Were the requisitions completed thoroughly?

o Were the requisitions submitted timely and consistently?

o Were the requisitions submitted in accordance with the approved schedule of values?

o Where the requisitions accurate and consistent for the work being billed?

• Were there any issues of payment concerns from subcontractors?

• Were certified payrolls submitted as required?

UNACCEPTABLE BELOW AVERAGE AVERAGE ABOVE AVERAGE EXCELLENT

0 7 8 9 10

Revised September 2021

Comments:

TOTAL SCORE

NOTE: TOTAL POINTS SCORE OF LESS THAN 80 IS A FAILING SCORE.

LEGAL AND ADMINISTRATIVE PROCEEDINGS:

Are you aware of any legal or administrative proceedings, invoked bonds, assessed damages, demands for direct payment, payment bond claims, contract failures, contract terminations or penalties involving this Contractor on this contract? What is the status of any pending litigation? What was the final outcome of any completed litigation? What were the dollar amounts of assessed damages or penalties?

ADDITIONAL COMMENTS: - (Optional):

Revised September 2021

PUBLIC PROJECTS:

I, the undersigned hereby certify as follows:

a) The information contained on this evaluation form represents, to the best of my knowledge, a true and accurate analysis of the Contractor’s performance record on the contract;

b) The contents of the evaluation form or the Project Rating were not negotiated with the Contractor or its representative for any reason; and

c) Pursuant to M.G.L. c. 149, Sec. 44D(7), on the date set forth below, a copy of this evaluation was sent to the Contractor.

REQUIRED Signature of Awarding Authority:

Awarding Authority Signature Awarding Authority Date Signed

Awarding Authority Printed Name Awarding Authority Contact Telephone #

Awarding Authority Title Awarding Authority Email Address

Signature of Awarding Authority representative. For projects $1,500,000 and over the signature of the Awarding Authority OPM is required:

OPM Signature OPM Date Signed

OPM Printed Name OPM Contact Telephone #

OPM Title OPM Email Address

Revised September 2021

PRIVATE PROJECTS:

I, the undersigned hereby certify as follows:

a) The information contained on this evaluation form represents, to the best of my knowledge, a true and accurate analysis of the Contractor’s performance record on the contract;

b) The contents of the evaluation form or the Project Rating were not negotiated with the Contractor or its representative for any reason; and

c) On the date set forth below, a copy of this evaluation was sent to the Contractor.

REQUIRED Signature of Project Owner or an individual responsible for the oversight of the project:

Project Owner Signature Project Owner Date Signed

Project Owner Printed Name Project Owner Contact Telephone #

Project Owner Title Project Owner Email Address

Instructions to Bidders

001004

DOCUMENT 001004

INSTRUCTIONS TO BIDDERS

Awarding Authority:

Massachusetts Department of Transportation - Property Services 10 Park Plaza, Suite 2130 Boston, MA 02116 Email Address: PropertyServices@dot.state.ma.us

MassDOT Project No.: 616548 MassDOT Contract No.: 136424 Project Value = $4,000,000.00

Title: BOSTON – HVAC Maintenance and Repair for State Transportation Building and Haymarket Center

Prime Category of Work: Heating Ventilation and Air Conditioning (HVAC) The filed sub-trade for this project is: NONE

Project Description and Scope:

Provide HVAC Services at MassDOT’s State Transportation Building and Haymarket Center, to maintain daily operations and conduct all legally required and all regularly planned preventive and predictive services.

Pre-Bid Meeting Information: Pre-bid tours of the facilities will be held:

Haymarket Center, 136 Blackstone Street, Boston, MA 02109, On Tuesday September 22, 2026, at 800 AM.

Meet in the RMV entrance by the Security desk on 1st Floor. Please contact Jason Ferreira Property Manager at 617-599-9957 with any questions. Directly Following the 8:00 AM Haymarket Center visit will be the 10:00 AM tour at the STB.

The State Transportation Building, Ten Park Plaza Boston, MA 02109 On Tuesday September 22, 2026, at 10:00 AM.

Meet at grade level in the 1st Floor Food Court by the seating area. Please contact Jonathan Azurdia Property Manager, at 617-447-0663 with any questions.

Deadline for filing General bids is 2:00 PM on Tuesday, October 20, 2026.

Questions by prospective Bidders will be accepted in COMMBUYS until 4 P.M Friday October 2,2026.

The minimum wage rate requirements for this Contract are located in Contract Document 008610 State Wage Rates.

Pursuant to M.G.L. c. 30, § 39S(a)(2) all employees to be employed on the project will have successfully completed a course in construction safety and health approved by United States Occupational Safety and Health Administration (“OSHA”) that is at least 10 hours in duration.

The Contractor must provide written verification as detailed in the General Conditions at Article X, of compliance with Massachusetts and federal laws with respect to the employment of workers and Federal Department of Homeland Security Requirements, including, but not limited to, the Employment Eligibility Verification (Form I-9) Process.

Bid Forms for this Project are located in Contract Document B00520 Form for General Bid For.

There are no M/WBE participation goals for this contract, however MassDOT strongly urges the consideration of potential MBE or WBE certified firms.

The applicable minority workforce utilization percent is 15.3% The applicable women workforce utilization percent is 6.9 %.

The Commonwealth encourages the participation of Service-Disabled Veteran-Owned Business Enterprises (“SDVOBE”) and Veteran Business Enterprises (VBE) on its construction projects.

The Commonwealth also encourages the participation of Lesbian, Gay, Bisexual, and Transgender Business Enterprises (LGBTBE); and Disability-Owned Business Enterprises (DOBE) on its contracts.

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 2 of the Owner - Contractor Agreement

Bid documents for this project, including plans and specifications, may be accessed, reviewed or downloaded at no cost to potential bidders through COMMBUYS.

Bidders must be registered with COMMBUYS in order to bid on this project. If Bidders are not currently registered with COMMBUYS, it is recommended that bidders register with COMMBUYS at least seven days prior to the scheduled bid opening date. COMMBUYS provides Seller registration functionality at no charge. To register, go to www.COMMBUYS.com and click on the “Register” link on the home or landing page.

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 general bidder or sub-bidder (hereinafter sometimes referred to as "Bidder”) by making a bid or sub-bid (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 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 -- GENERAL BIDDERS - CERTIFICATE OF ELIGIBILITY

AND UPDATE STATEMENT

2.1 Every general bidder must submit the following with its general bid:

a) A Prime/General Contractor Certificate of Eligibility issued by the Division of Capital Asset

Management and Maintenance (DCAMM), showing that the Bidder has been approved to bid on projects for the category of work required and that the Bidder has a single project limit in an amount no lower than the amount of its Bid including all "add" alternates.

b) A fully completed Prime/General Contractor Update Statement.

2.2 It is the Bidder's responsibility to obtain the necessary forms from DCAMM and to submit its Application for Certificate of Eligibility so as to allow sufficient time for DCAMM's evaluation of the application and issuance of a Certificate of Eligibility prior to the deadline for bidding.

2.3 The Prime/General Contractor Update Statement is not a public record as defined in

M.G.L. c. 4, § 7 and will not be open to public inspection.

SECTION 3 – FILED SUB-BIDDERS - CERTIFICATE OF ELIGIBILITY

AND UPDATE STATEMENT

3.1 Every filed sub-bidder must submit the following with each filed sub-bid:

c) A Sub-Bidder Certificate of Eligibility issued by the Division of Capital Asset Management and

Maintenance (DCAMM) for that sub-bid trade, showing that the sub-bidder has been approved to bid on projects of the category of work required.

d) A fully completed Sub-Bidder Update Statement.

3.2 It is the sub-bidder's responsibility to obtain the necessary forms from DCAMM and to submit its Application for Sub-bidder Certificate of Eligibility so as to allow sufficient time for

DCAMM's evaluation of the application and issuance of a Sub-Bidder Certificate of Eligibility prior to the deadline for bidding.

3.3 The Sub-Bidder Update Statement is not a public record as defined in M.G.L. c. 4, § 7 and will not be open to public inspection.

SECTION 4 -- REQUESTS FOR INTERPRETATION

Any questions by prospective Bidders concerning interpretation of the Contract Documents must be submitted in writing and posted to COMMBUYS. Questions should be submitted at least ten working days before the date set for the receipt of general bids, or, if a question pertains to Item 2 filed sub-bid work, at least ten working days before the date set for the receipt of filed sub-bids. The Awarding Authority will post addenda or written clarifications that it deems necessary on COMMBUYS for this project. Bidders may not rely upon oral communications or interpretations from MassDOT or the Designer and the Awarding Authority shall not be bound by them.

4.1 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 received by the Bidder. Copies of addenda will be made available on COMMBUYS.

4.2 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 5 -- PREPARATION OF BIDS; ALTERNATES

5.1 The Form for General Bid (Contract Document B00520) and Form for Sub-bid (Contract

Document B00521), completed in their entirety, must be submitted on COMMBUYS along with the following documents: 1) Certificate of Eligibility; 2) Update Statement; and 3) Bid Deposit.

5.2 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.

5.3 Each General Bidder shall acknowledge all required alternates in Part C on the Form for

General Bid by entering the dollar amount of addition or subtraction necessitated by each alternate. General Bidders shall enter on the Form for General Bid a single amount for each alternate that shall consist of the sub-bidders' amounts and the amount for work performed by the

General Bidder. Each Sub-bidder shall acknowledge all required alternates in Part A on the Form for Sub-bid by entering the dollar amount of addition or subtraction necessitated by each alternate.

5.4 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. Sub-bidders shall enter on the Form for Sub-Bid the amount of addition or subtraction necessitated only for those alternates expressly identified in the Bid

Documents as part of the sub-bidder’s category of work. If the alternate is not identified in the

Bid Documents as affecting the sub-Bidder's category of work then the sub-Bidder shall so indicate by writing "N/A" and only "N/A” or leaving the alternate blank.

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

5.6 If the space for indicating a requirement for payment and performance bonds for filed sub-bidders is left blank by the general bidder on the Form for General Bid, MassDOT shall interpret this as a "No."

5.7 Costs for the selected filed sub-bidder's bond premiums shall be paid for by the selected general bidder in accordance with M.G.L. c. 149, § 44F unless the project is a project in which contractor and subcontractor prequalification are required pursuant to M.G.L. 149,§§ 44D1/2 or

44D3/4.

5.8 If the general bidders are instructed to carry an amount for a given sub-trade listed under

Item 2, general bidders shall list the subtrade and the amount provided by MassDOT. The line under "bonds required" on the Form for General Bid should be left blank or marked "N/A" in order for subsection 5.9 to apply.

5.9 Upon solicitation of a subcontractor to perform the work required with respect to a subtrade referenced in subsection 5.8, the general bidder's Contract Price shall be adjusted by the following: a) the difference between the subcontract amount and the amount carried in the general bid; b) the total cost of the subcontractor's bonds, if the general bidder requires such bonds after the solicitation is completed and if the general bidder complied with 5.8 above; c) the documented increased costs for the general bidder's bonds, if any, attributable to the incremental difference between the amount carried for the given subtrade and the actual subcontract amount.

5.10 Overhead and profit for supervision of the subtrade mentioned in subsections 5.8 and 5.9 above shall be included by all general bidders in Item 1 of the subdivision of the Contract Price.

No additional overhead or profit will be paid on the incremental difference between the amount carried for the subtrade and the subcontract amount as stated in M.G.L. c. 149, § 44F(4)(a)(2).

5.11 Sub-bidders should not list Paragraph E sub-subcontractors unless requested to do so by the

Awarding Authority.

Each general bid and each bid of a filed sub-bidder must be accompanied by a bid deposit in the form of:

a) an electronic bid bond; issued by a surety company incorporated pursuant to Chapter

175, Section 105 of the General Laws or authorized to do business in the Commonwealth under Chapter 175, Section 106 of the General Laws and satisfactory MassDOT;

b) a paper bid bond; issued by a surety company incorporated pursuant to Chapter 175, Section 105 of the General Laws or authorized to do business in the Commonwealth under

Chapter 175, Section 106 of the General Laws and satisfactory MassDOT and uploaded into and submitted with the bid with a hard copy submitted as set forth in 5.14 below; or,

c) Though strongly discouraged, 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 Massachusetts

Department of Transportation. Anyone considering submitting cash or checks in the required form MUST make arrangements for submission well in advance with the MassDOT

Property Services Office, Ten Park Plaza, Suite 2130, Boston, MA 02116.

Any bid bond shall be (i) in a form satisfactory to MassDOT, (ii) with a surety company qualified to do business in the Commonwealth and (iii) conditioned upon the faithful performance by the principal of the agreements contained in the Bid.

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

5.13 All Bidders submitting paper bid bonds must scan and attach their bid bond with their electronic submission. The three lowest bidders must submit their original bid bond or bank check to MassDOT immediately following the bid opening which must be received by MassDOT

Property Services, Ten Park Plaza, Suite 2130, Boston, MA 02116 within 48 hours of the bid opening, weekends and holidays excluded. Failure to submit originals within the 48-hour time limit will result in rejection of the bid or other sanctions

SECTION 6 - SUBMISSION OF BIDS

6.1 Each Sub-bid and General Bid, including the Bid Deposit, DCAMM Certificate of

Eligibility, and properly completed DCAMM Update Statement, using the most recent form available on DCAMM’s website shall be submitted through COMMBUYS.

6.2 All Bids must be received by MassDOT through COMMBUYS 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.

6.3 Unofficial Bid Results will be posted on COMMBUYS as soon as they are available.

Unofficial results are not to be relied upon. Once MassDOT has conducted the final review of bids, Official Bid Results will be posted. Official Bid Results may be subject to change.

SECTION 7 - WITHDRAWAL OF BIDS; REJECTION OF BIDS

7.1 Any Bid may be withdrawn or modified by the Bidder prior to the specified deadline for the receipt of Bids on COMMBUYS.

7.2 A Bidder may withdraw its Bid without penalty at any time up to the time of Award as defined below in subsection 9.1 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.

7.3 MassDOT 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, MassDOT reserves the right to reject unit prices which it deems unduly high or unduly low as unbalanced.

SECTION 8 – MBE/WBE PARTICIPATION

8.1 There are no M/WBE participation goals for the contract, however MassDOT strongly urges the consideration of potential MBE or WBE certified firms.

SECTION 9 -- CONTRACT AWARD

9.1 "Award" means the determination, selection, and notification of the lowest, responsible and eligible Bidder by MassDOT.

9.2 MassDOT 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.

9.3 The Contract will be awarded to the lowest responsible and eligible Bidder as determined by

MassDOT, except in the event of substitution as provided under M.G.L. c. l49, §§ 44E and 44F, in which cases the procedure as required by said sections shall govern the award of the Contract.

9.4 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 MassDOT'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 DCAMM or MassDOT (iii) any other relevant criteria that

MassDOT may prescribe. If MassDOT determines that any non-filed subcontractor chosen by a

Bidder is not qualified or responsible, then the Bidder shall obtain another subcontractor satisfactory to MassDOT and the contract price shall not be adjusted.

9.5 The general bid price shall be the price set forth in paragraph C of the Form for General Bid.

No general 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 of one or more errors in setting forth the name, the sub-bid price of a sub-bidder, or the total of Item 2, provided that the sub-bidder or sub-bidders designated are clearly identifiable, or (iii) because the plans and specifications do not accompany the Bid or are not submitted with the Bid.

9.6 Should the Contract Documents require submission of special data to accompany the Bid, MassDOT 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 MassDOT, provided that no such ruling shall result in an unfair advantage to the Bidder.

9.7 MassDOT also reserves the right to reject any sub-bid if it determines that such sub-bid does not represent the Bid of a person competent to perform the work as specified, or if fewer than three sub-bids are received for a sub-trade and the Bid prices are not reasonable for acceptance without further competition.

9.8 If MassDOT decides to reject all general bids or if MassDOT does not receive any general bids, MassDOT may retain and use the sub-bids received for a second opening of general bids;

provided, however, that there are no changes in the work involved for the subtrades for which the sub-bids are so retained and used; and provided, further, that MassDOT shall obtain the consent of each sub-bidder included in any award of a general Contract made pursuant to the second opening of general bids if such award is not made within ninety days, Saturdays, Sundays and legal holidays excluded, after the opening of such sub-bids.

SECTION 10 - EXECUTION OF CONTRACTS

10.1 If a selected filed sub-bidder fails, within five days, Saturdays, Sundays and legal holidays excluded, after presentation of a Subcontract by the general bidder to which the Contract was awarded, to perform its agreement to execute a Subcontract in the form provided by MassDOT with such general bidder contingent upon the execution of the general Contract, and, if requested to do so by such general bidder in the general bid, to furnish a performance and a payment bond as stated in its filed sub-bid, such general bidder and MassDOT shall select from the other filed sub-bids duly filed with MassDOT for such subtrade and not rejected the lowest responsible and eligible filed sub-bidder at the amount named in its filed sub-bid as so filed against whose standing and ability the general Contractor makes no objection, and the Contract price shall be adjusted by the difference between the amount of such filed sub-bid and the amount of the sub-bid of the delinquent filed sub-bidder.

10.2 Upon receipt of the Award, the general bidder awarded the Contract shall immediately submit three (3) properly executed originals of each of the following documents prior to execution of the Contract by MassDOT. All such documents shall be in the form prescribed by

MassDOT.

-Owner-Contractor Agreement (Contract Document 005100)

-Vote of Corporation; Authorized Signatory (to be provided by MassDOT)

-Joint Venture Affidavit (if appropriate, Contract Document B00847)

-Certificate of State Tax Compliance (form to be provided by MassDOT)

-Certificate of Compliance with Massachusetts Employment Security Law Requirements (form to be provided by MassDOT)

-Contractor/Subcontractor Certification Form (Contract Document 008590)

-Executive Order 481 – Certification (form to be provided by MassDOT)

-Certificate Regarding Wage Rates; Statement of Compliance (form to be provided by

MassDOT)

-DCAMM Trench Application and Permit (if appropriate; form to be provided by MassDOT)

-Performance and Payment Bonds with power of attorney attached (form to be provided by

MassDOT)

- Certificates of Insurance evidencing coverages in amounts required by the Contract Documents

(form to be provided by MassDOT)

-Insurer’s Affidavit as to Workers’ Compensation Insurance (form to be provided by MassDOT)

- If general bidder is a foreign corporation (corporation not located in Massachusetts), a certificate of the state secretary stating that the corporation has complied with requirements of section 15.03 of subdivision A of Part 15 of chapter 156D and the date of compliance, in accordance with

M.G.L. c. 30, § 39L. Foreign Corporation Certificate of Registration information is available on the website of the Secretary of State’s office at Foreign Corporation Forms.

-Written representation by the General Contractor to the effect that it has presented subcontracts to all selected filed sub-bidders and a statement as to whether or not each such selected filed sub-bidder has executed its subcontract such that the Awarding Authority may release the Bid

Deposit with respect to the same. Misrepresentation of the foregoing shall render the

General Contractor liable to the Awarding Authority for the sum of any Bid Deposit released by the Awarding Authority with respect to a filed sub-bidder that fails to execute its subcontract.

-Any other documents that the Awarding Authority may reasonably require in connection with the

Contractor's execution of the Contract.

10.3 Please note that no part of the General Contractor's work may be subcontracted without the prior written approval of the MassDOT. If the General Contractor desires to subcontract any part of the Work, other than work covered by Item 2, filed sub-bidders, the

General Contractor must promptly forward to MassDOT a list in triplicate designating the work to be performed and the name of each proposed subcontractor for approval by MassDOT.

Approved subcontractors are eligible for direct payments under M.GL. 30, § 39F, as amended.

Material suppliers not involving site labor need not be submitted for approval.

SECTION 11 - RETURN OF BID DEPOSITS

https://www.sec.state.ma.us/divisions/corporations/filing-by-subject/corporations/corporations-domestic-foreign.htm

11.1 The Bid Deposits of the three (3) lowest responsible and eligible general 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, § 44A for making an award; except that, if any general bidder fails to perform its agreement to execute the Contract and furnish

Performance and Payment Bonds as stated in its Bid, then said general bidder's Bid Deposit shall become the property of MassDOT 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.

11.2 The Bid Deposits of the three lowest sub-bidders in each category shall be returned within five (5) days, Saturdays, Sundays, and legal holidays excluded, after the execution of the General

Contract; except that, if a selected sub-bidder fails to perform its agreement to execute a sub-contract with the general bidder selected as the general contractor, contingent upon the execution of the General Contract, and, if requested to do so in the general bid by such general bidder, to furnish a Performance and Payment Bonds as stated in its sub-bid in accordance with M.G.L. c.

149, § 44F(2), the Bid Deposit of such sub-bidder shall become the property of the

Commonwealth as liquidated damages, provided that the amount of the Bid Deposit that shall become the property of the Commonwealth shall not exceed the difference between its sub-bid price and the sub-bid price of the next lowest responsible and eligible sub-bidder.

11.3 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, MassDOT shall return any Bid Deposit of a Bidder forthwith after the public opening of Bids.

DCAMM Owner - Contractor Agreement c. 149, §§ 44A-J rev. 10/21, adapted for MassDOT use 06/2026

DOCUMENT 005100

OWNER - CONTRACTOR AGREEMENT

Awarding Authority: Massachusetts Department of Transportation (“MassDOT”) Awarding Authority Address: 10 Park Plaza, Boston, Suite 4160, MA 02116

This Owner-Contractor agreement (“Contract”) is made as of the day of , 20 , by and between MassDOT (“Awarding Authority”) and with a principal place of business at ______________, hereinafter called the “Contractor.”

Terms used in this Contract which are defined in the General Conditions of the Contract (“General Conditions”) attached hereto 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 the HVAC Maintenance and Repair of State Transportation Building and Haymarket Center, MassDOT Project No. 616548, Contract No. 136424, in accordance with and as described in the Construction Specifications dated September 15, 2026 as well as all other Documents incorporated into the Contract Documents and as modified by Addenda Nos.

dated .

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 1460 calendar days after such date, bring the Work to Substantial Completion and to the point at which a Certificate of Substantial Completion may be issued. The Contractor shall bring the Work to Final Acceptance within 45 days after the date specified for Substantial Completion. Liquidated damages for this Project shall be assessed as set forth Article VI of the General Conditions of the Contract. The agreed liquidated damages amount shall be $2,000 per day for each calendar day of delay in achieving Substantial Completion.

Article 3. Contract Price. The Awarding Authority shall pay the Contractor, in current funds, for the proper performance of the Contract and completion 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. The filed Subcontractors listed in the General Bid submitted by the Contractor have been approved for the performance of the specified portions of the Work subject to the Commonwealth’s verification that they have complied with state corporation and partnership registration laws. No other filed Subcontractors and no non-filed 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. The individual signing this Contract on behalf of the Contractor hereby certifies under the penalties of perjury to the following:

Pursuant to M.G.L. c. 62C, § 49A, 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.

That the Contractor is not presently debarred from doing public construction work in the Commonwealth under the provisions of M.G.L. c. 29, § 29F, or any other applicable debarment provisions of any other chapter of the Massachusetts 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.

All provisions set forth in Contract Document 007610 Special Provisions for Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion

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 included in the bid documents issued by the Awarding Authority for this

Project

• The General Bid submitted by the Contractor;

• This Contract;

• The General Conditions of the Contract;

• The Supplemental General Conditions and Specifications, including addenda thereto identified in Article

1 above; and

• All Approved Change Orders/Contract Modifications issued after execution of this Contract

Article 7. Minority Business Enterprise and Women Business Enterprise Participation Goals and Minority/Women Workforce Utilization Percentages. The applicable goals, if any, for minority business enterprise and woman business enterprise participation established for this Contract are as follows: There are No Minority Business Enterprise and Women Business Enterprise (MBE & WBE) participation goals for this Contract.

The applicable minority workforce utilization percentage is 15.3%. The applicable women workforce utilization percentage is 6.9%.

See Contract Document 008200 The Commonwealth of Massachusetts Supplemental Equal Employment Opportunity, Non-Discrimination and Affirmative Action Program.

Article 7A. Veteran-Owned Business Enterprises and Other Participation. The Commonwealth encourages the participation of service-disabled veteran-owned business enterprises (SDVOBE) and veteran business enterprises (VBE) on its construction projects. The Commonwealth also encourages the participation of Lesbian, Gay, Bisexual, and Transgender Business Enterprises (LGBTBE); and Disability- Owned Business Enterprises (DOBE) on its contracts.

Article 8. 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 under seal as of the date set forth above.

CONTRACTOR:

By:

Printed Name:

Title:

hereunto duly authorized

Date:

MASSACHUSETTS DEPARTMENT OF TRANSPORTATION:

By executing this Agreement, the undersigned authorized signatory of MassDOT, 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.

By:

Printed Name:

Title:

hereunto duly authorized

Date:

General Conditions of the Contract.

007000

MASSACHUSETTS DEPARTMENT OF TRANSPORTATION

STANDARD VERTICAL CONSTRUCTION CONTRACT

For Projects over $150,000 Subject to M.G.L. c. 149, §§ 44A-F

GENERAL CONDITIONS OF THE CONTRACT

Table of Contents

ARTICLE I: DEFINITION OF TERMS

ARTICLE II: EXECUTION OF THE CONTRACT, SCOPE OF

WORK, INTERPRETATION OF CONTRACT DOCUMENTS

1. Execution

2. Scope of Work

3. Interpretation

4. Distribution of Work

ARTICLE III: CONTROL OF WORK / ADMINISTRATION OF

THE CONTRACT

1. Designer

2. Right of Access to Work

3. Inspection No Waiver

ARTICLE IV: GENERAL PERFORMANCE OBLIGATIONS OF

THE CONTRACTOR

1. Review of Contract Documents and Field Conditions

2. Supervision and Construction Procedures; Coordination;

Cutting, and Patching

3. Superintendent

4. Labor

5. Notices and Permits

6. Lines, Marks etc

7. Excavation

8. Dewatering/Hoisting/Staging

9. Corrections to the Work; Inspection No Bar to Subsequent

Corrections

10. Sanitary Facilities

11. Temporary Offices

12. Contract Documents and Samples at the Site

13. Telephones, Data Lines, and Wi-Fi

14. Health, Safety, and Accident Prevention

15. Debris and Chemical Waste

16. Weather Protection (M.G.L. c. 149, §§ 44F(1) and 44G)

17. Furnishings and Equipment

18. Form for Subcontract

19. Sales Tax Exemption and Other Taxes

20. Final Cleaning

21. Maintenance Data

22. Closeout Procedures

23. Risk of Loss

24. LEED Requirements

25. Electronic Project Management System

26. Drugs/Alcohol

ARTICLE V: MATERIALS AND EQUIPMENT

1. Materials Generally

2. Shop Drawings, Product Data, and Samples

3. Tests

4. "Or Equal" Submissions

5. Delivery and Storage of Materials; Inspection

6. Defective, Damaged, or Deteriorated Materials and Rejection

Thereof

ARTICLE VI: PROSECUTION AND PROGRESS

1. Beginning, Progress Schedule, and Completion of Work

2. Failure to Complete Work on Time - Liquidated Damages

3. Delays; Statutory Provisions (M.G.L. c. 30, § 39O)

4. Use and Occupancy Prior to Final Acceptance

5. Certificate of Substantial Completion

6. Final Acceptance of the Work

7. One-Year Warranty Repair List and Inspection

ARTICLE VII: CHANGES IN THE WORK

1. Change Orders Generally

2. Methods of Computing Equitable Adjustments

3. Work Performed under Protest

4. False Claims, Statutory Provisions Regarding Changes

5.Contractor Claims 6.Mediation

ARTICLE VIII: PAYMENT PROVISIONS

1. Schedule of Values

2. Payment Liabilities of Contractor

3. Retention of Moneys by Awarding Authority

4. Applications for Payment

5. Periodic Payments (M.G. L. c. 30, § 39K)

6. Payment of Subcontractors (M.G.L. c. 30, § 39F)

7. Contracts for Public Works Governed by M.G.L. c. 30, § 39G

8. Final Payment; Release of Claims by Contractor

ARTICLE IX: GUARANTEES AND WARRANTIES

1. General Warranty

2. Special Guarantees and Warrantees

ARTICLE X MISCELLANEOUS LEGAL REQUIREMENTS

1. Contractor to be Informed

2. Compliance with all Laws

ARTICLE XI: CONTRACTOR'S ACCOUNTING METHOD

REQUIREMENTS (M.G.L. c. 30, § 39R)

1. Definitions

2. Record Keeping

3. Statement of Management Controls

4. Annual Financial Statement

5. Bid Pricing Materials

ARTICLE XII: EQUAL…