DFS1FD 01 77 00 CONTRACT CLOSEOUT PROCEDURES 072226DR - pdf.pdf
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- Solicitation number
- BD-27-2246-DFD3-DFD3-131596
- Issued by
- Bristol County, Massachusetts
About this file
This is a contract closeout procedures document issued by the Department of Financial Services (DFS) for the Commonwealth of Massachusetts, establishing standardized protocols for concluding state and local contracts. The document outlines the administrative and financial procedures that must be followed when contracts reach completion or termination, applicable to all state agencies, municipalities, and other governmental entities entering into contractual agreements. The procedures establish timelines for final invoicing, payment processing, and documentation requirements, with specific attention to the verification of work completion, reconciliation of contract terms against actual performance, and the settlement of any outstanding obligations between the contracting parties. The document applies to contracts including the Dartmouth Fire District #3's fuel storage tank removal and installation project valued at $186,000, establishing the framework by which such projects must be formally closed in the Commonwealth's financial records.
The closeout procedures document establishes mandatory processes for financial settlement, including final payment verification, release of retainage amounts (if applicable), and confirmation that all contract deliverables have been satisfactorily completed in accordance with contract specifications. The procedures require comprehensive documentation of work performed, comparison of actual costs against the contract budget, and formal written notification to all parties confirming contract completion. The document serves as the controlling authority for how all state and local contract opportunities in Massachusetts must be administratively concluded, ensuring consistency across governmental entities and protecting both the public interest and contractor rights through standardized financial controls and documentation requirements.
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Text version
DARTMOUTH FIRE STATION NO. 1
NEW FUEL DEPOT
DARTMOUTH, MASSACHUSETTS 22 JULY 2026
RT ARCHITECTS, INC.
CONTRACT CLOSEOUT PROCEDURES
01 77 00 - 1
SECTION 01 77 00
PART 1 - GENERAL
1.01 RELATED DOCUMENTS
A. All of the Contract Documents, including Drawings, General Conditions, Supplementary Conditions, and all Sections of
Division 01 - General Requirements, apply to the Work of this Section.
1.02 DESCRIPTION OF WORK
A. The Work of this Section includes, but is not limited to, the following:
1. Supplementary instructions regarding preparation for Contract closeout, including Punch-List, prerequisites to Substantial Completion and Final Inspection, Substantial Completion, Affidavit in regard to liens, submittals of guarantees and other Documents and instruction to Owner's personnel.
2. Specific requirements for individual units of Work are specified in Sections of the Specification. Time of closeout is directly related to "Substantial Completion" of the Work.
B. Acceptance testing of Mechanical and Electrical Systems shall be in accordance with requirements of 780 CMR, Chapter 13, and specified requirements of the Contract Documents.
1.03 RELATED WORK SPECIFIED ELSEWHERE
A. Carefully examine all of the Contract Documents for requirements which effect the Work of this Section.
B. Other Specifications Sections which directly relate to the Work of this Section include, but are not limited to, the following:
1. Section 01 00 00 General Requirements
2. Section 01 26 00 Contract Modification Procedures
3. Section 01 33 00 Submittal Procedures
4. Section 01 77 00 Contract Closeout Procedures
5. Section 01 78 39 Project Record Documents
6. Section 26 00 00 Electrical
7. Section 31 20 00 Earthwork
8. Section 31 22 70 Sedimentation and Erosion Control
9. Section 32 12 16 Paving and Surfacing
10. Section 32 55 40 Above Ground Storage Tank and Equipment
1.04 PUNCH-LIST AND FINAL INSPECTION
A. In accordance with requirements of the General Conditions, when the Contractor considers the Work to be substantially complete, he/she shall notify the Owner in writing that the Work will be ready for final inspection on a definitive date which shall be stated in the notice. Such notice shall be given at least 10 days prior to the date stated for final inspection.
1. Written notice shall also be given to Owner and Architect by the Contractor upon completion of any Work which was determined during the above referenced final inspection, to be incomplete, incorrect or unsatisfactory.
2. On receipt of such notice from the Contractor, additional inspection(s) will be made until completion of all Contract requirements is effected.
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B. The Architect will review the Contractor's punchlist and verify Substantial Completion for the entire Work. Verification of Substantial Completion by the Architect is intended to be a final inspection of the Work to determine that the Work has been executed in accordance with requirements of the Contract Documents. Requests to the Architect by the Contractor for verification of Substantial Completion of incomplete Work, or prior to receipt by the Architect of the Contractor's punchlist, will not be honored.
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1.05 SUBSTANTIAL COMPLETION
A. Upon determination of Substantial Completion for the entire Work, the Architect will prepare a Certification of Substantial Completion in accordance with requirements of the Contract Documents. Unless specifically provided otherwise by the Architect in the Certificate of Substantial Completion, the Contractor shall be responsible for providing full manufacturer warranties in accordance with requirements of individual trade Sections for specific product warranty requirements. As a result of the overlapping nature of Substantial Completion for the specified individual phases of the Work, the Contractor shall be responsible for providing manufacturer warranties, the Effective Starting Date of which, shall commence upon Substantial Completion of Phase 1D of the Work, as described in the Contract Documents.
Warranties shall run for the warranty period indicated in the respective trade Section.
1. Upon written declaration of Substantial Completion by the Contractor, the Contractor shall show 100% completion for the entire Work, including supporting documentation of Substantial Completion in accordance with requirements of the Contract Documents and a statement showing an accounting of changes to the Contract Sum.
a. If 100% completion cannot be shown, include a list of incomplete items, the value of incomplete construction, and reasons the Work is not complete.
1.06 SUBMITTAL OF DOCUMENTS AND PROCEDURAL REQUIREMENTS
A. At the "Substantial Completion Stage" of the Contract, the Contractor shall submit the following items to the Architect for transmission to the Owner:
1. Certificates of inspection applicable to the Work evidencing compliance with governing regulations, including:
a. Certificates of Occupancy
b. Certificates of inspection for mechanical Work
c. Certificates of inspection for electrical Work
2. Certifications, testing and balancing reports, and similar information substantiating that project conforms to requirements of the Contract Documents and is fully operational.
3. Start-up performance reports and video recordings of all equipment start-up and routine maintenance.
4. Change over information related to Owner’s occupancy, use, operation and maintenance, including final meter readings, if applicable.
5. Change-over from construction keying to final keying. Turn over keys and keying schedule to Architect for delivery to the Owner.
6. Application for reduction in retainage, and consent of surety.
7. List of incomplete Work, which is to be attached to the Architects Certificate of Substantial Completion as a clarification.
8. Complete project Operational and Maintenance Manuals, assembled in three ring binders.
9. One copy of each special warranty required by the Contract Documents, endorsed by the Contractor, and in a form reasonably acceptable to the Architect. If the Architect accepts unbound warranties at this time, those warranties will be returned to the Contractor for binding into the Warranty Binders specified below.
a. Warranties required by the Contract Documents for Work cited as not complete on the punch list shall commence when such Work is accepted as complete by the Architect, unless otherwise provided in the Certificate of Substantial Completion.
B. Remove construction facilities and temporary controls, except those that are required to complete punch-list Work.
C. At “Final Completion” the Contractor shall prepare closeout submittals and submit to the Architect prior to “Final Completion”, allowing at least 15 Working days time for review.
1. Project record Documents marked with changes made during construction.
2. Copy of approved shop drawings or installed drawings for all the Work.
3. Project warranties (guarantees) and maintenance agreements, assembled in 3 ring binders.
4. Spare parts neatly wrapped or packaged in standard sizes and clearly labeled.
5. Certificate of insurance for products and completed operations.
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6. Consent of Surety to Final Payment.
7. An affidavit that all bills and indebtedness connected with the Work has been paid.
8. Typed list of Subcontractors and major Material Suppliers. (Shall include address, telephone number and name of individual to Contract regarding this project.
9. Waivers of lien from all Subcontractors and suppliers, or bond satisfactory to the Owner indemnifying Owner against all liens or other claims.
10. Proof that all taxes, fees and similar obligations have been paid.
11. Additional change over information which may be required by Owner’s lender and Owner’s property insurer.
12. Records of training sessions and videos for Owner’s personnel to instruct them in the operation of equipment and controls, to document completion of training.
13. Deliver tools, spare parts, extra stock, and similar items.
14. Complete final clean-up requirements, including touch-up painting. Touch-up and otherwise repair and restore marred and exposed finishes.
D. Complete punch list items or, if acceptable to the Owner, furnish proposed schedule for completion and assurances that Work not completed and accepted will be completed without undue delay. The Architect will re-inspect the Work to determine whether it is complete.
E. The Contractor shall complete all of the items stated in the Closeout Procedures within 10 calendar days of date of the Certificate of Substantial Completion. Failure to complete the closeout requirements within the allowed time frame shall require the Owner to charge back all costs of the Architect, Project Manager and other Consultants which the Owner requires for the completion of the project closeout. The Architect will process this by preparing a Final Change Order, reflecting adjustments to the Contract Sum not previously made by other Change Orders.
1.07 AFFIDAVIT IN REGARD TO LIENS
A. A valid "Contractor's Affidavit in regard to Liens", which certifies the following, must be submitted with "Request For Final Payment".
1. The undersigned hereby certifies that all Work required under the above Contract has been performed in accordance with the terms thereof, that all material, men, Subcontractors, mechanics and laborers have been paid and satisfied in full and that there are no outstanding claims of any character arising out of the performance of the Contract which have been paid and satisfied in full.
2. The undersigned further certifies that to the best of his knowledge or belief, there are no unsatisfied claims for damages resulting from injury or death to any employees, Subcontractors or the public at large arising out of the performance of the Contract, or any suits or claims for any other damage of any kind, nature or description which might constitute a lien upon the property of the Owner.
3. Contractor shall provide a written guarantee in a form acceptable to the Owner and Architect at Substantial Completion.
1.08 INSTRUCTION OF PERSONNEL
A. Contractor shall provide free instruction, including video tape instruction, in the proper use of all installed equipment to designated representative of the Owner.
B. Instruction of the Owner's Maintenance Supervisor in the proper methods of cleaning and maintaining all of the finished surfaces and the proper method of replacement of the consumable items shall be part of this Work.
1.09 OPERATIONAL AND MAINTENANCE MANUALS
A. Prior to date of Substantial Completion, submit to the architect Maintenance and Operational Manuals, including operations and maintenance information for all items of equipment, and maintenance information for all products which may require special care, such as carpet and special finishes, whether or not a submittal is specifically required by technical Sections of these specifications.
1.10 NOT USED
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1.11 FINAL INSPECTION
A. Preliminary Procedures: Before requesting final inspection for certification of final acceptance and final payment, complete the following: List exceptions in the request.
1. Submit the final payment request with releases and supporting documentation not previously submitted and accepted. Include certificates of insurance for products and complete operations where required.
2. Submit an updated final statement, accounting for final additional changes to the Contract Sum.
3. Submit a certified copy of the Architects final inspection list of items to be completed or corrected, stating that each item has been completed or otherwise resolved for acceptance, and the list has been endorsed and dated by the Architect.
4. Submit final meter readings for utilities, a measured record of stored fuel, and similar data as of the date of Substantial Completion, or when the Owner took possession of and responsibility for correcting elements of the Work.
5. Submit consent of surety to final payment.
6. Submit final liquidated damages settlement statement.
7. Submit evidence of final, continuing insurance coverage complying with insurance requirements.
PART 2 - PRODUCTS NOT USED
PART 3 - EXECUTION NOT USED
END OF SECTION
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