RFQ-DFW-2026-079 McLaughlin Hatchery Plumbing Project.pdf

Request for Written Quotes

DFW-2026-079

Plumbing Repairs/Upgrades at the McLaughlin Hatchery

Summary The Massachusetts Division of Fisheries & Wildlife (MassWildlife) is soliciting bids to do plumbing repairs/upgrades at the McLaughlin Hatchery, 90 East St, Belchertown, MA. This project will consist of all labor, materials, and permits to upgrade plumbing in an unheated attic space to prevent freezing during periods of extreme temperatures. Contractor shall isolate and drain water from the system, remove old water piping and valves to drops in walls in attic, install new piping and valves, install heat trace on branches, and install sufficient insulation to prevent future freezing issues. Available schematics can be found in Appendix D.

The contract will be awarded to the lowest responsible and eligible bidder for the treatment described on the Mandatory Bid Sheet. The term "lowest responsible and eligible bidder" shall mean (1) the Bidder whose Bid is the lowest of those Bidders demonstrably possessing the skill, ability, and integrity necessary for the faithful performance of the work, and who meets the requirements set forth in M.G.L. c.149 sec.44 (2)(B) and not debarred from bidding under M.G.L. c.149 §44C; (2) and who shall certify that they are able to furnish labor that can work in harmony with all other elements of labor employed or to be employed on the work; and (3) who shall certify that all employees to be employed at the worksite will have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health Administration that is at least 10 hours in duration at the time the employee begins work, and who shall furnish documentation of successful completion of said course with the first certified payroll report for each employee.

MassWildlife reserves the right to waive any informalities in, or to reject any or all Bids, if it be in the public interest to do so.

PROCUREMENT CONTACT

Name and Title: James Burnham, Program Coordinator Phone: 508-389-6343 Email Address: james.burnham@mass.gov

PROJECT CONTACT INFORMATION

Name and Title: Caleb Slater, Chief of Hatcheries Phone: (508) 389-6331 Email Address: caleb.slater@mass.gov

Funding, TimeLine, Permitting, Bonding, & Contract Award

Funding: Funding has been identified for this project. The estimated cost is $40,000.

Bid Sets Available (place, date and time): After April 15, 2026; available on Commbuys. Visit www.commbuys.com and in the bid description box enter DFW-2026-079 and click Perform Quick Search.

Pre Bid Conference (place, date and time): None, but the Contractor must satisfy itself by their own investigation and research of the site and detail regarding all conditions affecting the work, the amount of labor, materials and equipment needed, and make their bid in sole reliance thereon. To schedule a time to investigate the job site at McLaughlin State Fish Hatchery, please contact Mr. Matthew Lyons, Hatchery Supervisor at (413) 323-7671. Hours of operation are 7:00 am to 3:30 pm, M-F.

mailto:james.burnham@mass.gov http://www.commbuys.com/

Bid Deadline: Written Quotes should be submitted using the Mandatory Bid Sheet provided with the RFQ no later than May 4, 2026 at 2:00 pm. Bids must be emailed to james.burnham@mass.gov. There is no formal bid opening.

Completion Date: The Contractor shall commence work promptly upon receipt of the signed Contract and Notice to Proceed and must complete the work no later than June 30, 2026.

Permitting:

All applicable State Laws, Municipal Ordinances, permits and the rules and regulations of all authorities having jurisdiction over the project area shall apply to this CONTRACT throughout, and are deemed to be included in the CONTRACT the same as though herein.

All necessary permits are the responsibility of the Contractor and shall be obtained and paid for by the Contractor.

Bonding:

The winning bidder(s) shall submit: 1) a performance bond in the amount of 100% of the total contract; and

2) a payment bond in the amount of 50% of the total contract price for any contract totaling $25,000.00 or more that results from this request for quote, within ten days of contract award.

Bonds shall be issued from a surety company qualified to do business under the laws of the Commonwealth.

The Performance Bond and the Labor and Materials Payment Bond (where required) may be in one or in separate instruments in accordance with local law and shall be delivered to the Owner not later than the date of execution of the contract.

Prevailing Wage Rates:

Projects included in this request for written quotes are subject to Massachusetts prevailing wage rates.

Prevailing wage rate schedules are included (Appendix A) in this request for written quotes (RFQ) and should be taken into account when submitting the bid. The Bidders attention is directed to the Commonwealth of Massachusetts Public Employment Laws at the end of this document.

Addenda:

In order to ensure that all interested parties receive timely notification of addenda that are issued for this project, please send an email to james.burnham@mass.gov. Reference the project number (DFW-2026-79) in the subject line and include the appropriate contact’s name, address, and email address in the body of the email. You will be added to the list of bidders that have obtained this request for written quotes and will be notified of any and all changes to the bid documents. If you downloaded this request from Commbuys using your assigned Commbuys user account, you have been automatically added to the list of plan holders.

Scope of Work:

The Contractor shall provide all labor, materials, chemicals, and equipment to satisfactorily design, install, and test new plumping, heat tape, and insulation in unheated attic space over the McLaughlin Hatchery workspaces in accordance with all local, State, and Federal regulations.

Complete final cleanup of the site and facility to the complete satisfaction of MassWildlife. The work shall include the cost of legal disposal of all excess or waste materials generated from this project in a manner which is consistent with any local, State, and Federal rules and regulations for disposal of such materials.

The contractor shall provide any necessary instructions and/or training on operation and maintenance.

mailto:james.burnham@mass.gov

All warranties as received from the manufacturer of the equipment pertinent to its components or satisfactory use shall be turned over to MassWildlife at the time of acceptance at no cost to MassWildlife. Each warranty so received shall indicate its expiration date.

The Base Bid will consist of the following:

1. Submission of material and shop drawings to the Chief of Hatcheries for approval.

2. Remove old water piping and valves to drops in walls in attic.

3. Install new piping and valves in attic.

4. Provide MA licensed electrician to secure proper permits and to install heat trace tape on all branches to drops in walls.

5. Install new 2” thick insulation on all new piping.

6. The vendor will test plumbing and heat tape upon completion of the installation.

Questions: MassWildlife will transmit to all prospective Bidders of record such Addenda as it considers necessary in response to questions arising at site visits. Oral statements may not be relied upon and will not be binding or legally effective. All questions concerning this bid should be submitted to the contract administrator (James Burnham, Program Coordinator: james.burnham@mass.gov ) in writing. To receive consideration, questions must be received by the contract administrator at least four days prior to the bid due date. Interpretations or clarifications considered necessary by MassWildlife in response to such questions will be issued by Addenda to all parties recorded by MassWildlife as having received the Bidding Documents not later than three days prior to the bid due date. Only questions answered by Addenda will be binding. Oral and other interpretations of clarifications will be without legal effect.

All responses must include each of the documents listed below. BE SURE TO INCLUDE ALL ITEMS LISTED

HERE OR YOUR RESPONSE MAY BE FOUND TO BE INCOMPLETE AND NON-RESPONSIVE.

1) Completed Mandatory Bid Sheet

2) Business Reference Form outlining the bidder’s experience for conducting the type of work described in this RFQ with references.

3) Contractor Authorized Signatory Listing, completed and signed by the Contractor

Required Procurment Forms:

Projects shall not commence until all required procurement forms have been submitted to MassWildlife by the Contractor. Procurement forms are not required with bid response.

The winning Contractor(s) will be required to submit the following items upon award:

1) Construction Contract Form to be provided by awarding authority

2) Commonwealth Terms and Conditions – incorporated by reference

3) Commonwealth W-9 tax information form filled out and signed by the respondent (If not already on file)

4) Proof of liability insurance coverage as outlined in this RFQ

5) Electronic Funds Transfer form (if not already on file)

6) Revenue Enforcement and Protection Certification (REAP) in accordance with M.G.L. c. 62C, s49A and certificate of good standing.

7) Certificate of Compliance with MA Employment Security Law (M.G.L. c. 151A, s. 19A(b))

8) Within 10 days after presentation thereof by the awarding authority, furnish a labor and materials or payment bond for any contract totaling $25,000.00 or more, from a surety company qualified to do business under the laws of the Commonwealth and satisfactory to the awarding authority and in the sum of 50% of the contract price, payable to the Division of Fisheries and Wildlife, in the form of a surety bond issued by a surety company; a certified, treasurer’s or cashier’s check drawn on a responsible bank or trust company payable to the awarding authority; or cash. [M.G.L. c. 149, §44A(2)(C) and M.G.L. c. 30, §39M(a)].

10) A performance bond in the amount of 100% of the contract price. The performance bond shall be in the form of a surety bond issued by a surety company; a certified, treasurer’s or cashier’s check drawn on a responsible bank or trust company payable to the awarding authority; or cash.

GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION

ARTICLE 1 GENERAL PROVISIONS

1.1 BASIC DEFINITIONS

1.1.1 THE CONTRACT DOCUMENTS

The Contract Documents consist of the Owner-Contractor Agreement, Instructions to Bidders.

Bidding Documents, Contract Forms, Conditions of the Contract, Specifications, Drawings, Requirements of Statewide Contract TRD01, Massachusetts Department of Community Housing and Development publication known as the Construction Handbook, all addenda issued prior to execution of the Contract, and other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Owner.

1.1.2 THE CONTRACT

The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification.

1.1.3 THE WORK

The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment, and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project

1.1.4 THE PROJECT

The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner or by separate contractors.

1.1.5 THE DRAWINGS

The Drawings are the graphic and pictorial portions of the Contract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules, and diagrams.

1.1.6 THE SPECIFICATIONS

The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards, and workmanship for the Work, and performance of related services.

1.1.7 THE CONSTRUCTION HANDBOOK

a. The Construction Handbook is published by the Department of Housing and Community Development and available free of charge, from DHCD. It outlines the procedures that the Contractor, Owner, Architect, and Department shall follow during the construction of the Work. The most recent version, at the time of bid opening, of the Construction Handbook is incorporated by reference into the Contract Documents. Relevant Sections of the Construction Handbook shall apply to building related construction Work.

1.2 EXECUTION, CORRELATION, AND INTENT

1.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents.

1.2.2 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all. Performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the intended results. In case of inconsistent requirements in the Contract Documents, the requirement for the greater quantity or higher quality shall take precedence and shall be the Contract requirement.

1.2.3. Unless otherwise stated in the Contract Documents, words which have well known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings.

1.2.4. Where reference is made to standards or trade association publications, it shall be considered to refer to the latest edition and revision thereof, if any, in effect on the date the Contract documents were advertised for bid.

1.3 USE OF DRAWINGS, SPECIFICATIONS, AND OTHER DOCUMENTS

The Drawings, Specifications and other documents prepared by the Owner, and copies thereof furnished to the Contractor, are for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub-subcontractor, or material or equipment supplier on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner, the Engineer, and the Department.

ARTICLE 2

OWNER

2.1 DEFINITION

The term "Owner", sometimes also referred to as the "Awarding Authority" or "Authority", means the Commonwealth of Massachusetts, Department of Fish and Game, Division of Fisheries and Wildlife (MassWildlife) identified in the Agreement, organized and existing under the provisions of M.G.L. c. 131.

2.2 INFORMATION AND SERVICES TO BE PROVIDED BY THE OWNER

2.2.1 The Owner will furnish to the Contractor, free of charge, a reasonable number of copies of the Contract Documents for the execution of the Work, including a set for record purposes.

2.2.2 The Owner shall furnish available surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site, if requested by the Contractor.

2.3 OWNER'S RIGHT TO STOP THE WORK

2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents or persistently fails to carry out the Work in accordance with the Contract Documents, the Owner by written order signed personally or by its authorized agent, may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated.

2.3.2 Stop work orders require the Administrator's prior approval. (See Subparagraph 3.1.2)

2.4 OWNER'S RIGHT TO CARRY OUT THE WORK

2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies, hire one or more contractors to correct such deficiencies.

2.4.2 In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the cost of correcting such deficiencies, including compensation for additional services and expenses made necessary by such default, neglect, or failure. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner.

ARTICLE 3

DEPARTMENT

3.1 DEFINITIONS

3.1.1 The term "Department" means the Massachusetts Department of Fish and Game, 251 Causeway Street, 4th Floor, Boston , MA 02114.

3.1.2 The term "Administrator" means the person appointed by the Department to administer the terms of the Contract for Financial Assistance, who is also empowered to take certain actions under this Agreement. Contractor should address mail to the Administrator.

3.1.3 The term “Director” shall be defined as the Director of the Massachusetts Department of Fish and Game, Division of Fisheries and Wildlife (Masswildlife) or his designee.

3.1.4 The term "Engineer" shall be Defined as the Chief Engineer of the Department or his designee.

3.1.5 The term "Engineer’s Assistant" means the person designated by the Engineer to assist the Engineer and Administrator. The duties, responsibilities and limitations of the Engineer’s Assistant’s authority are described in the Standard Specifications.

3.2 PROJECT FUNDING

The Work under this Contract is funded by General Bond Funds of the Commonwealth of Massachusetts through the Owner.

3.3 DEPARTMENT'S RESPONSIBILITIES

3.3.1 The Contractor is advised that various actions taken or decisions made by the Owner and/or the Engineer under this Contract, require the prior approval and counter-signature of the Director.

Those actions or decisions include, but are not limited to, the following:

.1 Approval, substitutions, and final selection of Sub-Contractors

.2 Change Orders and Construction Change Directives, whether or not they affect a change in the Contract Sum or in the Contract Time.

.3 Written orders, notices, and approvals given by the Owner pursuant to the Contract Documents or pursuant to any Laws applicable to this Contract, including approval of the Contractor's payment requests

.4 Approval of "or equal" submissions and substitutions pursuant to Subparagraph 4.6.3.

.5 Stop Work order.

.6 Certificate of Substantial Completion.

.7 Final payment.

.8 Termination of Contract.

3.3.2 In any instance where the Contractor requires clarification as to whose approval is required, the Owner shall provide such clarification.

3.3.3 Work undertaken by the Contractor or a Subcontractor at the Owner's or other person's order without the Directors's countersignature prior to the start of such work shall be considered unauthorized work and shall not be considered cause for extra payment. The Contractor or Subcontractor shall be responsible for performing, at their own expense, corrective measures required by the Owner due to any failure to obtain the prior approval of the Administrator pursuant to Subparagraph 3.3.1.

3.3.4 The Department and its authorized representatives and agents shall at all times have access to, and be permitted to observe and review all Work, materials, payrolls, records of personnel, conditions of employment, invoices of materials, and other relevant data and records maintained by the Contractor on the Project.

ARTICLE 4

CONTRACTOR

4.1 DEFINITION

The Contractor, sometimes referred to as the General Contractor, is the person or entity identified as such throughout the Contract Documents as if singular in number. The term Contractor means the Contractor or its authorized representative.

4.2 REVIEW OF CONTRACT DOCUMENTS & FIELD CONDITIONS BY CONTRACTOR

4.2.1 The Contractor shall carefully study and compare the Contract Documents with each other and with information furnished by the Owner pursuant to Subparagraph 2.2.2 and shall at once report to the Owner errors, inconsistencies, or omissions discovered. The Contractor shall not be liable to the Owner or Engineer for damage resulting from errors, inconsistencies, or omissions in the Contract Documents unless the Contractor recognized such error, inconsistency, or omission and knowingly failed to notify the Owner. If the Contractor performs any construction activity knowing it involves a recognized error, inconsistency or omission in the Contract Documents without such notice to the Owner the Contractor shall assume responsibility for such performance and shall bear the attributable costs for correction.

4.2.2 The Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to the Contractor with the Contract Documents before commencing activities. Errors, inconsistencies, or omissions discovered shall be reported to the Owner at once.

4.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pursuant to Paragraph 4.7.

4.3 SUPERVISION AND CONSTRUCTION PROCEDURES, COORDINATION, AND CUTTING AND

PATCHING

4.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work under the Contract.

4.3.2 The Contractor shall be responsible for the proper tilting of all Work and the coordination of the operations of all trades. Subcontractors, or materialmen engaged upon the Work.

4.3.3 All necessary cutting, coring, drilling, grouting, and patching required to fit together the several parts of the Work shall be done by the Contractor, except as may be specifically noted otherwise under any particular filed sub-bid section of the Specifications.

4.3.4 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors, and their agents and employees, and other persons performing portions of the Work.

4.3.5 The Contractor shall be responsible for inspection of portions of Work already performed under this Contract to determine that such portions are in proper condition to receive subsequent Work.

4.3.6 The Contractor shall do engineering required for establishing grades, lines, levels, dimensions, layouts, and reference points for the trades; shall be responsible for maintaining bench marks and other survey marks; and shall replace any bench marks or survey marks which have been disturbed or destroyed.

4.3.7 Unless otherwise required by the Contract Documents, or directed in writing by the Owner, Work shall be done during regular working hours. However, if the Contractor desires to carry on the Work outside of regular working hours or on Saturdays, Sundays, or Massachusetts holidays it shall allow ample time to enable satisfactory arrangements to be made for inspecting Work in progress and shall bear the costs of such inspection The Owner shall bill the Contractor directly for such costs.

4.3.8 Work done outside of regular working hours without the consent or knowledge of the Owner shall be subject to additional inspection and testing as directed by the Owner. The cost of this inspection and testing shall be paid by the Contractor whether the Work is found to be acceptable or not.

4.4 Not used

4.5 LABOR

The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them, and whenever the Owner shall notify the Contractor, in writing, that any worker is, in its opinion, incompetent unfaithful, disorderly, or otherwise unsatisfactory, such employee shall be discharged from the Work and shall not again be employed on the Project except with the consent of the Owner.

4.6 MATERIALS AND EQUIPMENT

4.6.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work.

4.6.2 Materials and Equipment to be installed as part of the Contract (both or either of which are hereinafter referred to as "Materials") shall be new, unused, of recent manufacture, assembled, and used in accordance with the best construction practices.

4.6.3 "OR EQUAL" SUBMISSIONS/SUBSTITUTIONS

4.6.3.1 Except where a product has been specified as a proprietary material, the words "or equal" are understood to follow the name of any maker, vendor, or product specified to be used in the Contract Documents. To determine if the materials or articles proposed by the Contractor are equal to those specified, the Owner shall determine whether the materials or articles proposed are at least equal in qualify, durability, appearance, strength and design to the material or articles named or described, and will perform at least equally the functions imposed by the design. See M.G.L. c.30 §39M.

4.6.3.2 The Contractor shall be responsible for providing the Owner with any information and test results the Owner reasonably requires to determine if a material is equal to a material named or described in the Contract Documents.

4.6.3.3 Whenever the Contractor submits a material for approval as a substitute for a material named or described in the Contract Documents, such submission shall be made at least sixty (60) days prior to the date the materials will be used on the Project. In no event shall the Contractor maintain a claim for delays based upon the Owner's review of such substituted materials if the Contractor has failed to comply with the sixty (60) days submission requirement.

4.7 Not Used

4.8 Not Used

4.9 DELIVERY AND STORAGE OF MATERIALS

4.9.1 Materials and equipment shall be progressively delivered to the site so that there will be neither delay in the progress of the Work nor an undue accumulation of materials that are not to be used within a reasonable time.

4.9.2 Materials stored off-site shall be stored at the expense of the Contractor in a manner that preserves their quality and fitness for the Work. Material shall be placed on wooden platforms or other hard clean surfaces and not on the ground and shall be properly protected.

4.9.3 If the Contractor requests the Owner's inspection of materials stored off-site, the Contractor shall assume the Owner's reasonable costs for travel, room, and meals associated with such inspection.

4.9.4 Materials stored either at the site or at some other location agreed upon in writing shall be located so as to facilitate prompt inspection and may again be inspected prior to their use in the work.

4.9.5 The Contractor shall take charge of and be liable for any loss of or injury to the materials delivered at or in the vicinity of the place w here the Work is being done and shall notify the Engineer as soon as any such materials are so delivered and allow them to be examined by the Engineer.

4.9.6 Payment for stored materials shall be made in accordance with Paragraph 10.4.

4.10 WARRANTY

The Contractor warrants to the Owner and Engineer that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by the Engineer, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment.

4.11 REJECTION OF DEFECTIVE MATERIALS

The Owner may reject materials if the Owner reasonably determines that such materials do not conform to the Contract Documents. No rejected materials, the defects of which have been subsequently corrected, shall be used in the Work except with the written permission of the Owner.

No extra time shall be allowed for completion of the Work due to the rejection of non-conforming materials.

4.12 REJECTION OF DEFECTIVE WORK

The Owner's inspection of the Work shall not relieve the Contractor of any of its responsibilities to fulfill the Contract obligations, and defective work shall be corrected. Unsuitable work may be rejected by the Owner, not withstanding that such work and materials have been previously overlooked or misjudged by the Owner and accepted for payment. If the Work or any part thereof shall be found defective at any time before the final acceptance of the whole Work, the Contractor shall forthwith correct such defect in a manner satisfactory to the Owner, and if any material brought upon the site for use in the Work, or selected for the same, shall be rejected by the Owner as unsuitable or not in conformity with the Contract requirements, the Contractor shall forthwith remove such materials from the vicinity' of the Work.

4.13 MATERIALS ATTACHED OR AFFIXED TO THE WORK

Nothing in this Contract shall be construed as vesting in the Contractor any right of property in the materials used after they have been attached or affixed to the Work or the soil but all such materials shall upon being so attached or affixed, become the property of the Owner

4.14 SALES TAX EXEMPTION AND OTHER TAXES

4.14.1 To the extent that materials and supplies are used or incorporated in the performance of this Contract, the Contractor is considered an exempt purchaser under the Massachusetts Sales Act, Chapter 14 of the Acts of 1966.

4.14.2 The Contractor shall be responsible for paying all other taxes and tariffs of any sort, related to the work.

4.15 DOCUMENTS AND SAMPLES AT THE SITE

The Contractor shall maintain at the site for the use and information of the Owner, one record copy of the Drawings. Specifications. Addenda, Change Orders, and other Contract Modifications, in good order and marked currently to record changes and selections made during construction, and in addition approved Shop Drawings, Product Data Samples. updated construction schedule, and similar required submittals. These shall be available to the Engineer and shall be delivered to the Engineer for submittal to the Owner upon completion of the Work.

4.16 PERMITS, FEES, AND NOTICES

4.16.1 The Contractor shall secure and pay for any and all permits, licenses, and fees required for the proper execution of the Work. The Contractor shall coordinate all efforts required to obtain these permits.

4.16.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations, and lawful orders of public authorities bearing on performance of the Work.

4.16.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations.

However, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Engineer and Owner in writing, and necessary changes shall be accomplished by appropriate Modification.

4.16.4 If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Engineer and Owner, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs.

4.17 DEBRIS, CHEMICAL WASTE

4.17.1 The Contractor shall not permit the accumulation of debris, both exterior and interior, and the work area shall at all times be kept satisfactorily clean.

4.17.2 The Contractor shall remove debris from the site of the work and legally dispose of it at any private or public dump that the Contractor may choose. The Contractor shall make all arrangements and obtain any approvals necessary for said disposal from the owners or officials in charge of such dumps and shall bear all cost, including fees resulting from such disposal. Garbage shall be removed daily.

4.17.3 No open fire shall be permitted on site.

4.17.4 Chemical Waste: Chemical waste shall be stored in corrosion resistant containers, removed from the Project site, and disposed of not less frequently than monthly unless directed otherwise.

Disposal of chemical waste shall be in accordance with requirements of the U.S. Environmental Protection Agency (EPA) and the Massachusetts Department of Environmental Protection (DEP).

Fueling and lubricating of vehicles and equipment shall be conducted in a manner that affords the maximum protection against spills and evaporation. Lubricants to be discarded or burned shall be disposed of in accordance with approved procedures meeting all applicable Federal, State and local regulations. In the event of an oil or hazardous materials spill large enough to violate Federal, State, or applicable local regulations, the Engineershall be notified immediately. The Contractor shall be responsible for immediately cleaning up any oil or hazardous waste spills resulting from its operations. Any costs incurred in cleaning up any such spills shall be borne by the Contractor.

4.18 SITE AND WEATHER PROTECTION

4.18.1 The Contractor shall take precaution during the execution of work involving demolition not to disturb or damage any existing structures, landscaping, walks, roads, or other items scheduled to remain. The Contractor shall restore any damaged items to original condition and as directed by the Owner. The Contractor shall provide and erect acceptable barricades, fences, signs, and other traffic devices to protect the work from traffic and the public as reasonably necessary and as required by the Massachusetts Building Code.

4.18.2 The Contractor shall install weather protection and provide adequate heat in the protected area from November 1 to March 31 as required by M.G.L. c. 149 §44G.

4.19 ARCHAEOLOGICAL AND HISTORICAL RESOURCES

All items having any apparent historical or archaeological interest which are discovered in the course of any construction activities shall be carefully preserved and reported immediately to the Owner for determination of appropriate actions to be taken.

4.20 SAFETY REQUIREMENTS

4.20.1 The Contractor must comply with all Federal, State, and Local safety laws and regulations of the applicable to work performed under this Contract.

4.20.2 If the Contractor uses or stores toxic or hazardous substances it is subject to M.G.L. c. 111F §2, the "Right to Know" law and regulations promulgated by the Department of Public Health, 105 CMR 670, the Department of Environmental Protection. 310 CMR 33, and the Department of Labor and Workforce Development, 441 CMR 21; and must post a Workplace Notice obtainable from the Department of Labor and Workforce Development.

4.20.3 The Contractor must comply with Dig-Safe Laws. Dig-Safe is the Utility Underground Plant Damage Prevention System, 331 Montvale Ave., Woburn, MA 01801, 1.888.3447233. The Contractor must notify Dig-Safe of contemplated excavation, demolition, or explosive work in public or private ways, and in any utility company right of way or easement, by certified mail, with a copy to Department of Environmental Protection (DEP). This notice must be given at least 72 hours prior to the work, but not more than sixty days before the work is to be done. Such notice shall state the name of the street or the route number of the way and an accurate description of the location and nature of the proposed work Dig-Safe is required to respond to the notice within 72 hours of receipt by designating the location of pipes, mains, wires or conduits at the site. The Contractor shall not commence work until Dig -Safe has responded. The work shall be performed in such manner and with reasonable precautions taken to avoid damage to utilities under the surface at the work location. The Contractor shall provide the Superintendent with current Dig-Safe regulations, and a copy of M.G.L. c.82 §40. Any costs related to the services performed by Dig-Safe shall be borne by the Contractor.

4.20.4 This project is subject to compliance with Public Law 92-596 "Occupational Safety and Health Act of 1970" (OSHA), with respect to all rules and regulations pertaining to construction, U.S. Code Title 29, sections 651 et seq. including Volume 36, numbers 75 and 105, of the Federal Register as amended, and as published by the U.S. Department of Labor.

4.20.5 If this Project requires the containment or removal of asbestos or material containing asbestos, lead or waste containing lead based paint, the Contractor shall ensure that the person or company performing the asbestos or lead related services is licensed pursuant to applicable State laws and regulations.

4.21 ACCESS TO WORK

The Contractor shall provide the Owner and Engineer access to the Work at all times and shall cooperate with the Owner whenever the Owner invites visitors to the site.

ARTICLE 5 NOT USED

ARTICLE 6 NOT USED

ARTICLE 7 NOT USED

ARTICLE 8

CHANGES IN THE WORK

8.1 CHANGES-DEFINITIONS

8.1.1 All changes in the work, including any increase, decrease, or other equitable adjustment in the Contract Sum or in the time for performing the Contract shall be authorized in the form of one, or a combination of, the following written instruments: Change Order, Construction Change Directive, or a Minor Change in the Work. The term "equitable adjustment" as used in this paragraph shall include all adjustments to the Contract Sum or time to which the Contractor is entitled pursuant to M.G.L.

c.30 §§39N and 39O and such equitable adjustment shall be made in accordance with the provisions of this Article.

8.1.2 A Minor Change is a written order binding on the Owner and Contractor issued by the Owner, with the concurrence of the Construction Advisor, not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. The Contractor shall carry out such written orders promptly.

8.1.3 A Change Order is a written instrument prepared by the Engineer and signed by the Owner, Department, Contractor, and Engineer, stating their agreement regarding a change in the work, including a change in the Contract Sum or Contract Time.

8.1.4 A Construction Change Directive is a written order prepared by the Engineer and signed by the Owner, Engineer, and Department, directing a change in the Work and stating a proposed basis for adjustment, if any, in the Contract Sum, or Contract Time, or both. The Owner may, by Construction Change Directive, and without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly.

8. 1.5 A Change Order shall be based upon agreement among the Owner, Contractor, Engineer, and Department; a Construction Change Directive requires agreement by the Owner, Engineer, and the Department, and may or may not be agreed to by the Contractor; an order for a Minor Change in the Work may be issued by the Engineer with the concurrence of the Construction Advisor.

8.1.6 Change Orders and Construction Change Directives must be counter-signed by the Director in accordance with Subparagraph 3.3.1, to be effective.

8.2 REQUEST FOR A CHANGE IN THE WORK

A change order request shall be in writing and may originate with the Owner, the Department, the Engineer, or the Contractor. If such a request would cause a change in the Contract Sum, the Contractor shall promptly submit to the Engineer its cost and pricing data for such proposed change.

Such data shall be accurate, current and complete at the time of submission and shall be computed in accordance with Subparagraph 8.3.1.

8.3 METHOD FOR DETERMINING AMOUNT OF CHANGE

8 3. 1 Changes in the Contract Sum shall be calculated in accordance with one or a combination of the following methods, as determined by the Engineer:

.1 Lump sum basis, provided the lump sum amount shall include the estimated cost of the change, broken down by Items a through i in the following Subparagraph .3.

.2 Unit price basis, to be adjusted in accordance with contract unit prices, or other agreed upon unit prices provided that the unit prices shall be inclusive of all costs related to such equitable adjustment.

.3 Time and materials basis, on a not-to-exceed predetermined upset amount determined by the Engineer to be subsequently adjusted on the basis of the Contractor's actual costs based on the following Items a. though i.:

a. Cost of labor at the rates found elsewhere in this document, including foremen;

b. Costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed;

c. Rental cost of machinery and equipment exclusive of hand tools, whether rented from the Contractor or others.

d. A percentage of the net increase or decrease of Item a. to cover Worker's Compensation, F.I.C.A ., and unemployment contributions.

e. The percentage for Worker's Compensation in Item d. above shall not exceed the standard manual rate for the involved trade, as set by the Worker's Compensation Rating and Inspection Bureau of Massachusetts. This rate shall not include any surcharges such as experience modifications and all risk factor adjustment programs, etc.

f. For work performed by the Contractor's own forces, there shall be added an amount of 15% of items a - d for overhead, superintendence, and profit.

g. For work performed by any Subcontractor, there shall be added an amount of 15% of the Subcontractor's costs for Items a - d for the Subcontractor's overhead, superintendence and profit. The Contractor shall be entitled to an additional 10% mark-up on the total amount of the Subcontractor's price as compensation for assuming full responsibility and supervision for the Subcontractor's work.

h. Actual increases in the premium costs for performance and payment bonds required of the Contractor and filed Subcontractors, provided there will be an appropriate credit for reduced premiums for a credit change order.

i. On any change in the Contract Sum that involves a credit the amount of the credit will not include an overhead and profit factor, however, the credit will include an amount for item d. which shall not be less than 25% of item a.

8.3.2 The method provided in Subparagraph 8.3.1, for compensating the Contractor and Subcontractors for changes in the Work, shall be considered to adequately compensate the Contractor and Subcontractors for any and all costs directly, indirectly, or consequentially related to, or caused by, such change in the work.

8.4 WORK PERFORMED UNDER PROTEST

The Contractor shall perform all work as directed by the Engineer, and if the Engineer determines that certain work for which the Contractor has requested a change order does not represent a change in the Contract, or if the Contractor and the Engineer cannot agree to the amount of compensation for a change order, the Contractor shall perform said work under protest and must follow the notice requirements and maintain the records required by Subparagraph 8.13.

8.5 STATUTORY CHANGE ORDER PROVISIONS

The Contractor's attention is directed to the Massachusetts General Laws Chapter 30, §§39I, 39J, 39N. 39O and 39P, the provisions of which apply to this Contract.

8.6 DIFFERING SITE CONDITIONS, M.G.L. c.30§39N

8.6.1 If, during the progress of the Work, the Contractor or the Owner discovers that the actual subsurface or latent physical conditions encountered at the site differ substantially or materially from those shown on the plans or indicated in the Contract Documents, either the Contractor or the Owner may request an appropriate time extension and an equitable adjustment in the Contract Sum applying to work affected by the differing site conditions. A request for such an adjustment shall be in writing and shall be delivered by the party making such claim to the other party as soon as possible after such conditions are discovered

8.6.2 Upon receipt of such a claim from a Contractor, or upon its own initiative, the Owner shall make an investigation of such physical conditions, and, if they differ substantially or materially from those shown on the plans or indicated in the Contract Documents or from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the plans and Contract Documents and are of such nature as to cause an increase or decrease in the cost of performance of the work or a change in the construction methods required for the performance of the work which results in an increase or decrease in the cost of the work, the Owner shall upon submission by the Contractor of a properly submitted Change Order request, make an equitable adjustment in the Contract Sum and the Contract shall be modified in writing accordingly.

8.6.3 TIMELY DECISION BY OWNER. M.G.L. c.30 §39P

Whenever this Contract requires the Owner or its Engineer to make a decision during construction of the Project, on interpretation of the specifications, approval of equipment, material or any other approval, or progress of the work, that decision shall be made promptly and, in any event, no later than thirty days after receipt of a written submission for such decision by the Contractor; but if such decision requires extended investigation and study, the Owner or the Engineer shall, within thirty days after the receipt of the submission, give the Contractor written notice of the reasons why the decision cannot be made within the thirty day period and the date by which the decision will be made.

8.7 CLAIMS

8.7.1 If the Contractor has any claim or dispute of any nature arising under this Contract, including a claim based on the Owner's failure or refusal to approve a change order request of the Contractor, in full or in part, the Contractor shall submit such claim or dispute to the Engineer, in the form of a change order request, for initial review and consideration, subject to further appeal to the Administrator. If the Contractor is not satisfied with the Engineer's decision or, if the Engineer fails to render a decision within thirty days after receiving written notice of such claim or dispute from the Contractor, the Contractor may file a written request for a decision with the Department pursuant to Subparagraph 8.7.2.

8.7.2 Appeal of an Engineer's decision under Subparagraph 8.7.1 must be made directly to the Administrator by certified mail, copy to the Engineer and Owner, within twenty-one (21) calendar days after the date on which the party making the appeal receives the Engineer's written decision or within twenty-one (21) days after the thirty (30) day nondecision period noted in 8.7.1. Failure to appeal within this period will result in the Engineer's decision becoming final and binding upon the Owner and the Contractor.

8.7.3 Pending resolution of the claim or dispute, the Contractor must proceed with the disputed Work, as directed by the Engineer. The Contractor must give written notice to the Department and the Engineer stating that it is proceeding with the disputed work under protest. Accurate records of the nature and extent of the disputed Work and of the time spent and equipment used on the disputed Work shall be maintained by the superintendent and verified daily by the Project Representative, or the Owner's designee. Failure of the Contractor to maintain such records shall cause the Contractor to forfeit its claim to additional compensation for such disputed work.

8.7.4 Meetings or administrative conferences held by the Department to review the basis of the claim or dispute are conducted in accordance with the procedure described in the Standard Specifications. Such conferences are not subject to the State Administrative Procedures Act.

8.7.5 At the conclusion of these proceedings, the Department shall issue a decision which shall be final under the Contract. The matter may then be appealed to a court of competent jurisdiction.

8.7.6 Requests for administrative conferences by subcontractors must be made by the Contractor, subcontractors cannot make such requests directly.

ARTICLE 9

TIME, SCHEDULES, AND COMPLETION

9.1 DEFINITIONS

9.1.1 Unless otherwise provided, Contract Time is the period of time, as extended by approved Change Order, allotted in the Contract Documents for Substantial Completion of the Work.

9.1.2 The date of commencement of the Work is the date established in the Notice to Proceed from the Owner. The commencement date shall not be postponed by the failure to act by the Contractor or by persons or entities for whom the Contractor is responsible.

9.1.3 The date of Substantial Completion is the date certified by the Engineerin accordance with Subparagraph 9.6.7.

9.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined.

9.2. PROGRESS AND COMPLETION

9.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Contract the Contractor confirms that the Contract Time is a reasonable period for performing the Work.

9.12 The Contractor shall proceed expeditiously…