Request for quotes HVAC PMs documents.pdf

CAPITAL PROJECTS & FACILITIES MANAGEMENT DEPARTMENT

James J. Paolini Director o 508-532-5485 e facilities@framinghamma.gov w www.framingham.gov

10 Nicholas Road Framingham, MA 01701

FY 2023 – FY 2024

SPECIFICATIONS FOR HVAC PREVENTATIVE MAINTENANCE

Animal Control Facility • Callahan Senior Center • Christa McAuliffe Branch Library • Cushing Chapel • Edgell Memorial Library • Police

Department Headquarters • Main Library • Memorial Building • Old Academy Building • Village Hall • Fire Station #1 • Fire Station #2 • Fire

Station #3 • Fire Station #5 • Fire Station #7 mailto:facilities@framinghamma.gov http://www.framingham.gov/

SECTION I: SUMMARY

The City of Framingham (the “City”) is seeking proposals from qualified HVAC contractors for the completion of preventative maintenance (PM) tasks on a semi-annual basis (unless otherwise noted) for the HVAC systems of the following facilities (the “facilities”):

□ Animal Control Facility

□ Callahan Senior Center

□ Christa McAuliffe Branch Library

□ Cushing Chapel

□ Edgell Memorial Library

□ Police Department Headquarters

□ Main Library

□ Memorial Building

□ Old Academy Building

□ Fire Station #1

□ Fire Station #2

□ Fire Station #3

□ Fire Station #5

□ Fire Station #7 (Fall Only)

□ Village Hall

To obtain Quote documents please follow this link, all questions and addendums will also go through vendor registry https://vrapp.vendorregistry.com/Vendor/Register/Index/city-of-framingham-ma-vendor-registration

Quotes will be available on Wednesday August 17, 2022 @ 10:00 A.M on Vendor Registry. HVAC for Preventative Maintenance will be due on Wednesday August 31, 2022 at 10:00 A.M. and are to be submitted through Vendor Registry https://vrapp.vendorregistry.com/Vendor/Register/Index/city-of-framingham-ma-vendor-registration Inquiries regarding this Request for Qualifications are to be directed to Amy Putney, Purchasing Administrator purchasing@framinghamma.gov

Quote price sheet(s) should be included in submittal. All pricing must be valid for 90 days.

Walkthroughs will be allowed, but only by following PPE precautions. Contact sluz@framinghamma.gov

The City reserves the right to reject any and all submissions, and waive any minor informalities and technicalities.

In order to be considered complete, quotes submitted to the City of Framingham for HVAC PM service must provide coverage of all facilities and meet the requirements of this contract including the attached HVAC PM Checklists.

The contract will be awarded to the responsive vendor with the lowest cost to complete the HVAC PM service for all facilities. Filters needed for replacement through the agreement will https://vrapp.vendorregistry.com/Vendor/Register/Index/city-of-framingham-ma-vendor-registration https://vrapp.vendorregistry.com/Vendor/Register/Index/city-of-framingham-ma-vendor-registration mailto:purchasing@framinghamma.gov mailto:sluz@framinghamma.gov be provided by the City to the Contractor.

The goal of preventative maintenance at these facilities is to prolong the life of existing HVAC equipment, mitigate emergency repair costs and capital expenditures associated with premature equipment failure, maintain consistent facility comfort and safety in relation to HVAC system performance, and to ensure the energy-efficient operation of HVAC equipment that is in conformance with manufacturer specifications.

To ensure consistency of HVAC maintenance across the facilities, the City is also seeking a Contractor that can provide equipment service in addition to regular preventative maintenance visits if requested. Contractors will be required to provide hourly rates for normal service as well as emergency service outside of their normal hours of operation. Preventative maintenance tasks do not cover additions or alterations to the HVAC systems of the facilities and any additions or alterations to existing HVAC systems will be handled separately from a prospective preventative maintenance contract and will be subject to MA prevailing wage laws. The City reserves the right to use the awarded vendor to complete repairs on HVAC systems outside of preventative maintenance up to the value of $45,000 per fiscal year to services.

SECTION II: GENERAL CONDITIONS

1) Pricing for preventative maintenance shall be specified for each location individually on Form A.

2) Preventative maintenance visits will be limited to a semiannual basis for all facilities except Fire Station #7 which shall have Fall PM service only. The Contractor shall provide pricing for both Fall and Spring visits, based on the HVAC PM Checklists and the maintenance needs of equipment specified at each facility. Pricing shall reflect the seasonality of equipment maintenance. PM tasks for heating equipment shall be completed in the Fall, PM tasks for cooling equipment shall occur primarily in the Spring, and PM tasks for equipment operational during both Fall and Spring shall be completed at both semiannual visits.

3) The preventative maintenance Contract(s) will be for a term of one (1) year with the option for the City to renew for up to (two) additional years at its discretion. At minimum, the Contract period shall cover the 2023 Fiscal Year (July 1, 2022 – June 30, 2023). The additional optional year shall cover the 2024 Fiscal Year (July 1, 2023 – June 30, 2024)

4) City employees may, at any time, monitor or inspect work completed by the Contractor to ensure that work is being completed to adequate quality standards. If the City identifies work completed by the Contractor under this Contract to be unsatisfactory, the City shall address such concerns via email, phone calls, or in-person communication with the Contractor to reach a resolution.

SECTION III: RESPONSIBILITIES OF THE CITY

1) Information: To the greatest extent practicable and reasonable, the City shall provide requested information regarding HVAC equipment and operation at each of the facilities serviced by the Contractor throughout the term of the preventative maintenance Contract(s).

2) Equipment Changes: The City shall notify the Contractor of any major changes to HVAC operation that may impact the completion of preventative maintenance tasks. The schedule of PM task may need to be adjusted in the event of major changes to HVAC systems such as the replacement of equipment, etc.

3) Award: Contracts will be awarded to the respondent that meets the terms and conditions of these specifications and that provides the most advantageous price proposal.

SECTION IV: RESPONSIBILITIES OF THE CONTRACTOR

1) Certifications: Service Technicians working in City facilities must pass a Criminal Justice

Information Systems (CJIS) fingerprint-based background check, maintain CJIS compliance, and must pass a CORI check as administrated by the Framingham Police Department. Service Technicians must be OSHA certified and have copies of their OSHA cards included as part of the proposal.

2) Experience: The Contractor must have a minimum of five (5) years of experience in the provision of HVAC preventative maintenance service, including at least one (1) year involving the provision of such service to City facilities and demonstrate it has the ability to fulfill obligations of the Contract. All service shall be conducted by properly certified technicians with at least five (5) years of experience in the provision of HVAC preventative maintenance services. Respondents shall identify the service technicians that will work on municipal sites as part of their proposal.

3) Labor, Equipment, and Materials: The Contractor shall furnish all labor, materials, equipment, staging, and trucking as required for work in all facilities in accordance with all specifications listed herein. The Contractor shall also provide all personal protective equipment (PPE) such as breathing protection or safety glasses for their employees. If required by the Framingham Health Department, PPE shall include gloves and face masks for site visits.

4) HVAC Systems: The Contractor is responsible for carefully examining existing facilities and/or make all necessary investigations in order to be thoroughly informed regarding HVAC equipment condition and operation throughout the facilities. No ignorance of conditions that exist or difficulties or conditions that may be encountered or of any matter concerning the work to be performed in the execution of the work will be accepted by the City of Framingham as an excuse for any failure of omission on the part of the Contractor to fulfill every detail of the requirements listed herein. If awarded a Contract, the Contractor will not be allowed any extra compensation due to any matter or issue concerning which such Contractor might have been fully informed prior to the submission of its proposal.

5) Permits, Licenses, and Inspections: The Contractor shall obtain all permits, inspections, licenses, and certifications required prior to the performance of work any City facilities.

All work shall be performed in strict conformity with all laws, regulations, and ordinances of the federal, state, and municipal governments and all departments and bureaus having jurisdiction thereof.

6) Subcontracting: The Contractor must not subcontract out any work for regular service, emergency service, or PM tasks without the written consent of the City.

7) Commitment of Technicians: To ensure uniformity in service at each facility over the term of the Contract, the Contractor will agree to commit the same two (2) to four (4) service technicians at a maximum continuously to complete preventative maintenance tasks at City facilities over the term of the Contract. Service technicians will be required to undergo Criminal Record Check Services (CORI) checks with the Framingham Police Department. Changes to service technicians working at City facilities must be approved via email or written communications prior to the performance of any service.

8) Municipal Authorization: All work outside of preventative maintenance tasks shall be authorized by the Facility Contact, as identified by the City of Framingham through the issuance of a work order or telephone request. Work under a specific work order/request shall begin and end upon the recording by a representative of the City of the arrival and departure time of the Contractor at the job site. All additions and alterations to the system will be covered by a separate contract with the City.

9) Quality and Documentation of Parts and Equipment: All parts and components installed and/or materials used are to be exact duplicate, or an approved substitute of the original used and/or specific by the manufacturer of the equipment, and in every case, of similar or greater quality and guaranteed as per manufacturer’s specification(s).

All major parts, materials, and equipment replaced because of repair work or upgrade to the system shall be accompanied by documentation/specification sheets from the manufacturer(s) of the replacement part(s), materials, or equipment.

10) Equipment Calibration: All equipment utilized by the Contractor to test or analyze City

HVAC equipment shall have up-to-date and valid calibration documentation.

11) Notification of Malfunctioning or Damaged Equipment: The Contractor shall be responsible for notifying the City of any malfunctioning, damaged, or improperly operated equipment identified during an inspection that cannot be adjusted as part of regular preventative maintenance. The Contractor shall note the deficiency in the facility’s HVAC Summary Report and provide a detailed written quote to replace, repair, or recalibrate the identified equipment or provide recommendations for service from other capable vendors.

Reporting Requirements: After each visit for preventative maintenance, the Contractor must submit to the City the completed Preventative Maintenance Checklist within 7 days, covering completed PM tasks, any findings regarding damaged, broken, or inoperative equipment identified in the process of completing PM tasks, any repairs, replacements, or upgrades made and, if applicable, any recommendations for improvements or concerns about equipment condition. The report shall be submitted via email to a City-specified contact. In addition, invoices submitted to the City for service or emergency service shall include a complete description of the work performed, a summary of labor hours and costs, as well as a summary of materials used and costs. For each visit for preventative maintenance, fully-complete must be submitted by the Contractor in order for the City to process invoices and remit payments.

12) Contract Pricing Terms: Preventative maintenance contracts shall include in the total annual price of all labor and materials to perform the listed PM tasks, including, but not limited to belts, lubricants, oils, grease, and cleaning chemicals. However, the City will be providing filters to the Contractor to be installed as specified in the HVAC PM Checklists. The cost for HVAC system filters shall not be incorporated into respondents’ proposed pricing. The Contract shall also include labor rates for service and emergency service calls. These rates shall be inclusive of travel expenses and the Contractor will only be allowed to invoice the City of Framingham for time that is spent on site.

13) Scheduling: The Contractor will work with the City to schedule specific dates for semi-annual preventative maintenance tasks. Unless otherwise determined by the City, the Contractor must complete fall maintenance prior to September 15, 2022 and Spring maintenance must be completed by May 15, 2023. Following authorization by the City, the Contractor will also be responsible for scheduling all work outside of preventative maintenance tasks with the City to ensure access to facilities.

14) Warranty: All workmanship and materials performed and installed pursuant to the specifications and the Contract herein shall be fully warranted for a period of one (1) year from the approval of invoicing date for any completed repair, replacement, or upgrade completed by the Contractor.

FORM A: PRICE PROPOSAL

Company: Date:

Conditions:

1. Prices shall not include sales tax, excise taxes, or any other taxes for which the City is not liable.

2. Pricing to be firm for the term of the Contract.

3. Note: This price quote form is for the purpose of calculating the lowest price. There is no guarantee of a specific number of hours of service. All quantities are estimated and shall not be construed as guaranties.

The Contractor will be reimbursed only for actual labor and supplies used.

4. All hourly rates specified shall include overhead and profit. Estimated quantity of service hours requested by City not guaranteed.

Cost of HVAC Service Calls

Item # Description Estimated Quantity

Unit of Measure Unit Price Total Price

1 Regular Time Hours 20 Hourly $ $ 2 Overtime Hours 10 Hourly $ $

Costs of Semi-Annual HVAC Preventative Maintenance ( See ‘Section I: Summary’ for Instructions)

Location A: Cost of Fall Visit (1st)

B: Cost of Spring Visit (2nd)

A+B: Total Price for Preventative Maintenance

Animal Control – 50 Western Ave., Framingham, MA 01702 $ $ $ Callahan Senior Center - 535 Union Ave., Framingham, MA 01702 $ $ $ McAuliffe Branch Library – 746 Water St., Framingham, MA 01701 $ $ $ Cushing Chapel – 60 Dudley Road, Framingham, MA 01702 $ $ $ Edgell Memorial Library – 3 Oak St., Framingham, MA 01701 $ $ $ Police HQ – 1 William H Welch Way, Framingham, MA 01702 $ $ $ Main Library – 49 Lexington St., Framingham, MA 01702 $ $ $ Memorial Building – 150 Concord St., Framingham, MA 01702 $ $ $ Fire Station #1 - 1055 Worcester Road, Framingham, MA 01701 $ $ $ Fire Station #2 - 75 A Street, Framingham, MA 01701 $ $ $ Fire Station #3 - 10 Loring Drive, Framingham, MA 01702 $ $ $ Fire Station #5 - 520 Concord Street, Framingham, MA 01702 $ $ $ Fire Station #7 - 791 Water Street, Framingham, MA 01701 $ $ Old Academy Building - 16 Vernon St., Framingham 01701 $ $ $

Village Hall - 2 Oak St., Framingham, MA 01701 $ $ $

The City of Framingham reserves the right to reject any or all proposals and to waive minor informalities.

By signing below, the Contractor verifies that they have read and understand all conditions of this procurement and proposes to provide services as described in the “Scope of Services”, all other parts of this document, and any other specifications agreed to as part of a prospective Contract.

Company Name:

Contact Information:

Contact Person:

Main Telephone Number:

Email Address:

FORM B: EXPERIENCE & REFERENCES

Company:

Address:

Owner Info:

Primary Contact:

Title: _

Address:

Phone:

Email:

Reference #1: Company Name _

Address: _

Phone Number:

Contact Name: _

Email: _

Reference #2: Company Name: _

Reference #3: Company Name _

#7662 HVAC Preventative Maintenance 15 Facilities in Framingham FY23 Quotes requested

SHORT FORM OF AGREEMENT

FOR PROCUREMENT BETWEEN THE

CITY OF FRAMINGHAM AND CONTRACTOR

FOR GOODS/SERVICES PROCURED UNDER G.L. C. 30B

THIS AGREEMENT for HVAC preventative maintenance on 15 HVAC facilities in Framingham (hereinafter referred to as the "Project"), is made the ____ day of ______ 2022 by and between xxxxxxxxxxxxx. a corporation duly organized under the laws of the Commonwealth of Massachusetts, with a usual place of business at xxxxxxxxx,xxxxxxxxxxx , hereinafter referred to as the "CONTRACTOR"), and the City of Framingham, (hereinafter referred to as the "CITY").

WITNESSETH that the CONTRACTOR and the CITY, for the consideration hereinafter named, agree as follows:

ARTICLE 1: CONTRACT DOCUMENTS

The Contract Documents consist of the following, and in the event of conflicts or discrepancies among them, they shall be interpreted on the basis of the following priorities:

(a) This short form of agreement for procurement between City and vendor, including original signed and sealed Certificate of Corporate Authority

(b) Invitation for bids, bid specifications, request for proposals or purchase description, including any addendum issued by the City

(c) Contractor's bid or proposal

(d) Copies of all required bonds, certificates of insurance and licenses required under the contract, EACH OF WHICH IS ATTACHED HERETO. These documents form the entire Agreement between the parties and there are no other agreements between the parties. Any amendment or modification to this Agreement must be in writing and signed by an official with the authority to bind the City.

ARTICLE 2: SCOPE OF WORK

The CONTRACTOR shall furnish all materials, labor and equipment, and perform all work shown on the Contract Documents, and the CONTRACTOR agrees to do everything required by this Agreement and the Contract Documents.

ARTICLE 3: TERMS OF AGREEMENT

(a)

This Agreement shall be for a term of not more than one year, commencing on July 1, 2022 and ending on June 30, 2023, subject to annual appropriation. This Agreement may be renewed or extended in writing at the sole option of the CITY, and upon the terms described in such writing. The total duration of the original term and any renewal term(s) may not exceed three (3) years.

(b) The CONTRACTOR hereby agrees that if it fails to carry on the work with reasonable speed or stops

"Dedicated to Excellence in Public Service" work altogether without due cause, as determined in each case by the CITY, the CITY may give written notice to the CONTRACTOR to proceed with the work or to carry on the work more speedily. Three days after the presentation of such notice, if the work is not proceeding to the satisfaction of the CITY, the CONTRACTOR shall be considered to have defaulted in the performance of this Agreement.

ARTICLE 4: COMPENSATION

1. The CONTRACTOR agrees to provide to the CITY items at the specific price points listed in the CONTRACTOR’S bid submission, for the duration of the contract. The CITY makes no guarantee to purchase any minimum or specific quantity of goods or services under the provisions of this contract. The total value of the goods and services will not exceed the sum of $xxxxxxxxx (xxxxxxxxxxx Dollars) without the issuance of a change order agreed to in writing by all parties. On a monthly basis, thirty days after receipt of an invoice for work performed or materials supplied the previous month, the CITY shall pay the CONTRACTOR the amount of the invoice.

2.With any invoice, the CONTRACTOR shall submit evidence satisfactory to the CITY that the goods or supplies have been delivered and/or that the work has been completed in accordance with this Agreement, and that all payrolls, material bills and other indebtedness connected with the work have been paid. The billings shall include, if applicable, all charges for consultants, subcontractors, plans, equipment, models, renderings, travel, reproductions, postage and delivery, and all other expenses. There shall not be any markup for overhead, administration or profit for any of the above listed services.

3.The acceptance by CONTRACTOR of its final payment under this Agreement shall operate as a release to CITY of all claims by and all liability to CONTRACTOR. No payment, however, final or otherwise, shall operate to release CONTRACTOR from its obligations under this Agreement.

ARTICLE 5: NON-PERFORMANCE

In the case of any default on the part of the CONTRACTOR with respect to any of the terms of this Agreement, the CITY shall give written notice thereof, and if said default is not made good within such time as the CITY shall specify in writing, the CITY shall notify the CONTRACTOR in writing that there has been a breach of the Agreement, and thereafter the CITY shall have the right to secure the completion of the work remaining to be done on such terms and in such manner as the CITY shall determine, and the CONTRACTOR shall pay the CITY any money that the CITY shall pay another CONTRACTOR for the completion of the work, in excess of what the CITY would have paid the CONTRACTOR for the completion of the work, and the CONTRACTOR shall reimburse the CITY for all expenses incurred by reason of said breach. In case of such breach, the CONTRACTOR shall be entitled to receive payment only for work satisfactorily completed prior to said breach, less any retainage the CITY is entitled to. The amount of any balance due the CONTRACTOR shall be determined by the CITY and certified to the CONTRACTOR.

ARTICLE 6: TERMINATION

(a) In addition to the provisions of Article 5 of this Agreement, the CITY shall have the right to terminate this Agreement if funds are not appropriated or otherwise made available to support the continuation of this Agreement after the first year.

(b) The CONTRACTOR shall have the right to terminate this Agreement if the CITY fails to make payment

"Dedicated to Excellence in Public Service" within 30 days after it is due.

ARTICLE 7: NOTICE

All notices required to be given under this Agreement shall be in writing and shall be effective upon receipt by hand delivery or certified mail to:

City of Framingham:

Department: Purchasing Department Contact: Amy Putney Title: Procurement Administrator Email: alp@framinghamma.gov Tel. #: 508-532-6040 Mailing Address: 150 Concord Street Framingham, MA 01702

Delivery Address : ___________________

Contractor:

Company: ___________________________ Contact: ____________________________ Title:_______________________________ Email: _____________________________ Tel. #: _____________________________ Mailing Address: ____________________

ARTICLE 8: INSURANCE

(a) The CONTRACTOR shall, at its own expense, obtain and maintain general liability and automobile liability insurance policies protecting the CITY in connection with any operations included in this Agreement and including the CITY as an additional insured, on a primary and non-contributory basis, waiving all rights of subrogation. As proof of insurance, the CONTRACTOR shall provide Certificate(s) of Insurance evidencing the required coverage in a form satisfactory to the CITY. The Description portion of the certificate evidencing coverage should state as follows:

“The City of Framingham is included as additional insured in regards to General and Auto Liability on the policies noted above by contractual Agreement on a primary and non-contributory basis, waiving all rights to subrogation.”

Coverage amounts shall be in at least the amounts noted below:

General Liability: At least $1,000,000 per occurrence, and, at least $2,000,000 aggregate

Auto Liability: At least $1,000,000 combined single limit for bodily injury and

"Dedicated to Excellence in Public Service" property damage per accident

(b) If the CONTRACTOR shall provide professional or design services to the CITY, then CONTRACTOR shall carry a professional malpractice or an errors and omissions policy with limits of at least $1,000,000 per claim and $3,000,000 aggregate, with a deductible of no more than $15,000 per claim.

(c) The CONTRACTOR shall, before commencing performance of this Contract, provide insurance for the payment of compensation and the furnishing of other benefits in accordance with Mass. Gen. L. Ch. 152, as amended, to all employed under the Contract and shall continue such insurance in full force and effect during the term of the Contract.

(d) All insurance coverage shall be in force from the time of the Agreement to the date when all work under the Contract is completed and accepted by the CITY. Certificates and any and all renewals substantiating that required insurance coverage is in effect shall be filed with the CITY. Since this insurance is normally written on a year-to-year basis, the CONTRACTOR shall notify the CITY should coverage become unavailable or if its policy should change. Any cancellation of insurance, whether by the insurers or the insured, shall not be valid unless written notice thereof is given by the party proposing cancellation to the other party and to the CITY at least fifteen days prior to the intended effective date thereof, which date should be expressed in said notice.

(e) To the fullest extent permitted by law, the CONTRACTOR shall indemnify, defend, and save harmless the CITY and all of the CITY'S officers, agents and employees from and against all suits and claims of liability of every name and nature, including costs of defending any action, arising out of or resulting from any act, omission, or negligence of the, CONTRACTOR, its subcontractors or subconsultants and its and their agents or employees in the performance of the work covered by this Agreement and/or failure to comply with terms and conditions of this Agreement. The foregoing provisions shall not be deemed to be released, waived or modified in any respect by reason of any surety or insurance provided by the CONTRACTOR under the Contract.

ARTICLE 9: PERFORMANCE AND PAYMENT BONDS

When CONTRACTOR delivers the executed counterparts of the Agreement to Owner, CONTRACTOR shall also deliver performance and payment bonds as follows:

(a) N/A

ARTICLE 10: SUBCONTRACTING OF WORK

The CONTRACTOR shall not subcontract any of the work that it is required to perform under this Contract to any corporation, entity or person without the prior written approval of the CITY.

ARTICLE 11: PREVAILING WAGE RATES

N/A

"Dedicated to Excellence in Public Service"

ARTICLE 12: OWNERSHIP OF DOCUMENTS

Upon completion of the final payment to the CONTRACTOR, the CITY shall be the owner of all plans, specifications, electronic data and computations created by the CONTRACTOR that relate to this Agreement.

The CITY agrees that the information contained therein was produced specifically for this Agreement and agrees to hold the CONTRACTOR harmless from any liability of the CITY'S use of these documents in any future project not directly related to the subject matter of this Agreement.

ARTICLE 13: MATERIALS AND WORKMANSHIP

Unless otherwise specified, all materials and equipment incorporated in the work under the Contract shall be new. All workmanship shall be first class and by persons qualified in the respective trades.

ARTICLE 14: GUARANTEE OF WORK

(a) Except as otherwise specified, all work shall be guaranteed by the CONTRACTOR against defects resulting from the use of inferior materials, equipment, or workmanship for one year from the date of final completion of the Contract.

(b) If, within any guarantee period, repairs or changes are required in connection with guaranteed work, which in the opinion of the CITY are rendered necessary as a result of the use of materials, equipment or workmanship which are inferior, defective or not in accordance with the terms of the Contract, the CONTRACTOR shall, promptly upon receipt of notice from the CITY and at its own expense:

(1) Make goods and services conform to this Agreement;

(2) Make good all damage to the site, or equipment or contents thereof, which, in the opinion of the CITY, is the result of the use of materials, equipment or workmanship which are inferior, defective, or not in accordance with the terms of the Agreement; and

(3) Make good any work or material, or the equipment or site, which is disturbed in fulfilling any such guarantee.

ARTICLE 15: GOVERNING LAW

The CONTRACTOR shall perform the work required under this Contract in conformity with requirements and standards of the CITY and all applicable laws of the Commonwealth of Massachusetts, its political subdivisions, and the Federal Government.

This Agreement and performance thereunder are governed by the laws of the Commonwealth of Massachusetts and all other applicable by-laws and administrative rules, regulations and orders.

ARTICLE 16: BINDING AGREEMENT AND ASSIGNMENT OF INTEREST

This Agreement shall be binding upon the CITY and the CONTRACTOR and the partners, successors, heirs, executors, administrators, assigns and legal representatives of the CITY and the CONTRACTOR. Neither the CITY nor the CONTRACTOR shall assign, subcontract, sublet or transfer any interest in this Agreement without the written consent of each other, and such consent shall not be unreasonably withh

"Dedicated to Excellence in Public Service"

IN WITNESS WHEREOF the parties hereto have executed copies of this Agreement the day and year first above written. *

*If a Corporation, attach to each signed copy of this Contract an attested copy of the vote of the Corporation on authorizing the said signing and sealing.

CONTRACTOR:

By: Jim Paolini, Director of Capital Projects and Facilities Management

Title: Dated: ___________

Corporate Seal:

Date: _______

Approved As To Form

Jennifer A. Pratt Christopher J. Petrini, City Solicitor Chief Procurement Officer

Dated: Dated: ____________

Approved as to Funds Availability

Richard G. Howarth, City Accountant Dated: ________ Michael A. Tusino Chief Operating Officer Dated:________________

Requisition # ___________________ Org____________ Object______________Project____________

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