O-C_Agreement PO 436.docx

Project/Contract # PO 436

Document ID:

Contractor’s Vendor Code Number:

COMMONWEALTH OF MASSACHUSETTS

STANDARD VERTICAL CONSTRUCTION CONTRACT

For Projects Over $100,000 Subject to M.G.L. c149, §44A -F

OWNER - CONTRACTOR AGREEMENT

Awarding Authority:

Massachusetts Emergency Management Agency 400 Worcester Road Framingham, MA 01702 Department Code: CDA

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

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

The Awarding Authority and the Contractor agree as follows:

Article 1. Scope of Work. The Work under this Contract is defined as all work required by the Contract Documents for the construction of raising the floor in the SEOC and related work, for Project No. , Contract No. , 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 150 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 45 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. The filed Subcontractors listed in the Contractor’s 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. 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. 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:

The Minority Business Enterprise/Women Business Enterprise (MBE/WBE) participation goal for this Contract is a combined goal of ______% of the Contract Price.

The applicable minority workforce utilization percentage is___%.

The applicable women workforce utilization percentage is ____%.

Contractors are requested to provide Service-Disabled Veteran-Owned Business Enterprises (SDVOBE) opportunities to participate on this Project.

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:

$ per day

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, §44J, have been complied with.

By:

Name:

Title:

Date:

EXHIBIT A to the Owner-Contractor Agreement

Additional Insurance Provisions

(Insert any additions or modifications to the Insurance Requirements contained in Article XIV of the General Conditions of the Contract here or indicate “None.”)

EXHIBIT B to the Owner-Contractor Agreement

Forms Used During Contract Award and Execution

· Payment Bond 100%

· Performance Bond 100%

· Schedule for Participation by Minority and Women Business Enterprises

· Letter of Intent

· Certificate of Corporate Vote

· Certificate of Joint Venture

· Certificate of Compliance with State Tax Law

· Workforce Certification-Certificate of Compliance with Certain Workforce Related Legal Requirements Owner - Contractor Agreement DCAMM Rev 8/13 Page 4 of 6 image1.wmf