Owner-Contractor Agreement.pdf

KITCHEN VENTILATION EQUIPMENT REPLACEMENT COMMONWEALTH of MASSACHUSETTS State Project No. DYS-FY19-473S07-05 DEPARTMENT OF YOUTH SERVICES

SOUTHEAST REGION YOUTH SERVICE CENTER

DCAMM CAMIS #J115323, Nickerson State Park, 456 Flax Pond Rd. ,Brewster, MA

8/3/18 OWNER-CONTRACTOR AGREEMENT

DYS / Southeast Region Youth Service Center, Kitchen Ventilation Equipment Replacement Project, Brewster, MA

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Document ID: State Project No. DYS-FY19-473S07-05

Contractor’s DCAMM Certification Number: N/A

Contractor’s Vendor Code Number: TBD

COMMONWEALTH OF MASSACHUSETTS

STANDARD VERTICAL CONSTRUCTION CONTRACT

For Designated Projects Subject to M.G.L. c149, §44A -F

OWNER-CONTRACTOR AGREEMENT

Awarding Authority: Department of Youth Services

Department Code: DYS

This agreement (“Contract”) is made as of the _____ day of___________, 2018, by and between the

Commonwealth of Massachusetts acting by and through the Awarding Authority identified above with a principal place of business at 600 Washington Street, Suite 400, Boston, MA, 02111 and a firm 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, Request for Response (RFR) to Remove, Refurbish, Replace Existing Kitchen Ventilation

Equipment as an outright purchase proposal encompassing all aspects of the project, from design through commissioning. Project No. DYS-FY19-473S07-05, for the Department of Youth Services Southeast Region

Youth Service Center, Nickerson State Park, 456 Flax Pond Rd., Brewster, MA 02631 in accordance with and as described in the RFR

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 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 by June 14, 2019.

State Project No. DYS-FY19-473S07-05 DEPARTMENT OF YOUTH SERVICES

SOUTHEAST REGION YOUTH SERVICE CENTER

DCAMM CAMIS #J115323, Nickerson State Park, 456 Flax Pond Rd. ,Brewster, MA

8/3/18 OWNER-CONTRACTOR AGREEMENT

DYS / Southeast Region Youth Service Center, Kitchen Ventilation Equipment Replacement Project, Brewster, MA

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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 ___________________________________________________________ ____________The Unit Prices, if any, approved by the Awarding Authority are those included in the Contractor’s General Bid

Article 4. Approved Subcontractors. N/A

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 Scope of Work described in the RFR, consistent with that described in Article 1

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

Article 7. Liquidated Damages. For the purposes of Article VI of the General Conditions of the Contract, liquidated damages for delay shall be as follows: N/A

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. N/A

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:

State Project No. DYS-FY19-473S07-05 DEPARTMENT OF YOUTH SERVICES

SOUTHEAST REGION YOUTH SERVICE CENTER

DCAMM CAMIS #J115323, Nickerson State Park, 456 Flax Pond Rd. ,Brewster, MA

8/3/18 OWNER-CONTRACTOR AGREEMENT

DYS / Southeast Region Youth Service Center, Kitchen Ventilation Equipment Replacement Project, Brewster, MA

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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.

Additional Signature Required where DCAMM is the Awarding Authority:

Approved as to Form:

(Note: For Awarding Authorities other than DCAMM—if additional signatures are required, insert page 4a for these signatures.)

State Project No. DYS-FY19-473S07-05 DEPARTMENT OF YOUTH SERVICES

SOUTHEAST REGION YOUTH SERVICE CENTER

DCAMM CAMIS #J115323, Nickerson State Park, 456 Flax Pond Rd. ,Brewster, MA

8/3/18 OWNER-CONTRACTOR AGREEMENT

DYS / Southeast Region Youth Service Center, Kitchen Ventilation Equipment Replacement Project, Brewster, MA

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EXHIBIT A to the Owner-Contractor Agreement

Additional Insurance Provisions

(None)

State Project No. DYS-FY19-473S07-05 DEPARTMENT OF YOUTH SERVICES

SOUTHEAST REGION YOUTH SERVICE CENTER

DCAMM CAMIS #J115323, Nickerson State Park, 456 Flax Pond Rd. ,Brewster, MA

8/3/18 OWNER-CONTRACTOR AGREEMENT

DYS / Southeast Region Youth Service Center, Kitchen Ventilation Equipment Replacement Project, Brewster, MA

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EXHIBIT B to the Owner-Contractor Agreement

Forms Used During Contract Award and Execution

� Commonwealth of Massachusetts form for General Bid

� Commonwealth of Massachusetts Standard Contract Form

� Commonwealth Terms and Conditions form

� Payment Bond

� Certificate of Non-Collusion

� Certificate of Compliance with State Tax Law

� Contractor Authorized Signatory Listing

State Project No. DYS-FY19-473S07-05 DEPARTMENT OF YOUTH SERVICES

SOUTHEAST REGION YOUTH SERVICE CENTER

DCAMM CAMIS #J115323, Nickerson State Park, 456 Flax Pond Rd. ,Brewster, MA

8/3/18 OWNER-CONTRACTOR AGREEMENT

DYS / Southeast Region Youth Service Center, Kitchen Ventilation Equipment Replacement Project, Brewster, MA

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