SWC Engineering Services PRF69_RFR_REVISED102717~1.docx

COMMONWEALTH OF MASSACHUSETTS

OPERATIONAL SERVICES DIVISION

Request for Response (RFR)

Document Title: Facilities Engineering Services

Agency Document Number: PRF69

COMMBUYS Bid#: BD-18-1080-OSD03-SRC3-19759

Date Last Modified: October 27, 2017-changes are marked in RED RFR Issue Date: October 16, 2017

Please Note: This is a single document associated with a complete Bid (also referred to as Solicitation) that can be found on www.COMMBUYS.com. All Bidders are responsible for reviewing and adhering to all information, forms and requirements for the entire Bid, which are all incorporated into the Bid. Bidders may also contact the COMMBUYS Helpdesk at COMMBUYS@state.ma.us or the COMMBUYS Helpline at 1-888-MA-STATE. The Helpline is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern Standard or Daylight time, as applicable, except on federal, state and Suffolk county holidays.

UNSPSC Codes

81-10-00; 81-10-15; 81-10-16 81-10-17; 81-10-21; 81-10-22 81-10-24 ;81-10-25; 81-10-26

Introduction and Bid Overview The Commonwealth of Massachusetts and the PRF69 RFR Strategic Sourcing Services Team (SSST) seek interested bidders to create a statewide, pre-qualified list of vendors for Professional facilities/civil engineering and other related services to support facilities projects across the Commonwealth. The objective of this Solicitation is to provide a wide-ranging list of independent, experienced and qualified contractors to provide services as specified in this RFR. Services sought will be in support of Eligible Entities’ physical infrastructure including but not limited to buildings, roads, bridges, utility systems, rinks, pools, athletic fields and trails. Anticipated services include but are not limited to site evaluation, technical analysis and reports, schematic, preliminary, final design, preparation of technical specifications, cost estimation, construction oversight services, and related capital asset project tasks.

Although not all Executive Departments or Eligible Entities require engineering services, certain large departments, including the Department of Conservation and Recreation (DCR) and the Division of Capital Asset Management and Maintenance (DCAMM), as well as many cities, towns and higher education institutions, have a broad and consistent need for these services, thus this RFR includes a description of DCR and DCAMM and their core missions, for reference. Please see Appendix 4.

PRF69 will replace all professional engineering services currently available under the Massachusetts Department of Conservation and Recreation master agreement DCR 395 expiring June 30, 2018.

PRF69 RFR Procurement Structure The PRF69 RFR seeks to establish a pre-qualified list of Facilities Engineering Services vendors that can provide an array of services to the Commonwealth and all Eligible Entities described in section A, 14 of this RFR.

Eligible Entities that use the contract may do so through the development of a Statement of Work (SOW) and by establishing best value evaluation criteria, followed by soliciting at least three quotes through the use of the Request for Quote process in COMMBUYS to obtain quotes from any of the pre-qualified vendors on the appropriate category of the contract. Only Executive Departments are required to use COMMBUYS to obtain Quote responses, however all entities are encouraged to do so.

PRF69 RFR Categories The following constitute a list of the types of Engineering Services Categories to be covered by this RFR, including but not limited to:

Civil Engineering Facilities Engineering Coastal Engineering Construction Engineering Mechanical Engineering Geotechnical Engineering

Energy Systems Engineering Structural Engineering Surveying Transportation Engineering Water Resources Engineering

Interested bidders should read Section B for the Procurement Scope and Description as well as review specifications for each category in Section D, Category Specifications.

The Operational Services Division and the Strategic Sourcing Services Team may expand or further limit the types of services which may be covered in the future under any Statewide Contract resulting from this RFR. Section 11b of this RFR contains additional information on adding Contractors after initial Statewide Contract award.

Further, the SSST reserves the right to consider reopening the Solicitation to obtain additional bids in a specified geographic service area to meet the needs of the Commonwealth.

Exceptions for Architectural Services Related to Vertical Construction Buyers and bidders are cautioned to be sure this contract is used properly. Pursuant to M.G.L. c. 7C, ss. 44-57, buyers are reminded that for building projects any engineering fees over $10,000 in value and/or construction costs estimated at over $100,000 in value must be designed by firms selected by the Designer Selection Board and/or the local municipal equivalent and are excluded from this contract.

Projects that are primarily environmentally-focused should consider using Statewide Contract PRF67 Designated DCAMM for Environmental Engineering, Diagnostics and Testing or its successor as an appropriate contract vehicle.

Users of the PRF69 awarded contract should be aware that minor environmental issues are allowable under typical facility engineering projects.

Multiple Quotes Requirement Engagements valued at less than $25,000.00 require at least one quote or an accepted Statement of Work with an estimated value. However, if the engagement value is estimated to exceed $25,000.00, the Commonwealth and its eligible entities must develop a detailed Statement of Work (SoW) and solicit at least three written quotes.

All engagement valued at one million or more would typically develop a Statement of Work (SoW) and solicit quotes to all vendors under the appropriate category.

Executive departments are required to solicit quotes through COMMBUYS by creating a bid from scratch in COMMBUYS against the appropriate Master Blanket Purchase Order (s) for the PRF69 contract. When creating this bid in COMMBUYS, the Statement of Work must be attached to the bid. Prior to receiving the responses, the entity must establish evaluation criteria to be used in determining the award. The engagement/ project will be awarded to the vendor deemed most responsive to the Statement of Work as evaluated by the awarding authority.

For projects with an estimated total price that is less than $25,000.00, the Commonwealth and its Eligible Entities must ensure the use of sound business practices and award the contract to the responsible PRF69 pre-qualified vendor that meets the project specifications outlined in the Statement of Work (SoW).

Any work awarded under this method may not subsequently add tasks that exceed the $25,000.00 threshold.

It is considered best practice to seek at least three quotes for all engagements; however, multiple quotes for engagements under $25,000.00 are not required.

Estimated Procurement Calendar

Time: 9:.30 a.m. to 11:00 a.m.

Location: One Ashburton Place 13th Fl. Conference Room E, Boston, MA October 18, 2017 Conference Call info:

Dial: 888-278-0296 Access code number: 7155857

Training for Online Submission – Contractors that have not previously submitted electronic quotes via COMMBUYS are strongly encouraged to attend training Training Dates & Times Available Dates:

October 30, 2017 at 10:00 a.m.

Registration Link:

How to Locate and Respond to Bids in COMMBUYS Location:

Operational Services Division One Ashburton Place, Room 1017 Boston, MA 02108

Times are Eastern Standard/Daylight Savings (US), as displayed on the COMMBUYS system clock displayed to Bidders after logging in. If there is a conflict between the dates in this Procurement Calendar and dates in the Bid’s Header, the dates in the Bid’s Header on COMMBUYS shall prevail. Bidders are responsible for checking the Bid record, including Bid Q&A, on COMMBUYS for Procurement Calendar updates.

Submission of Bid Questions The “Bid Q&A” function in COMMBUYS allows Bidders to ask written questions and receive written answers regarding this Bid. All questions must be submitted through the Bid Q&A found on COMMBUYS (See “Locating Bid Q&A,” below). Questions must be asked prior to the Deadline stated in the Estimated Procurement Calendar. The Strategic Sourcing Services Team (SSST) reserves the right not to respond to late questions. Bidders are responsible for verifying that their questions are recorded in COMMBUYS and appear on the Bid Q&A page.

Questions submitted to the SSST outside of COMMBUYS will not be answered.

Content entered must be suitable for public viewing. Bidders must not include inappropriate content, including but not limited to, information that could be considered personal, security sensitive, inflammatory, incorrect, or collusory. The SSST reserves the right to edit or delete any inappropriate content.

All answers are final when posted. Any subsequent revisions to previously provided answers will be dated.

Bidders and awarded Contractors are required to view the COMMBUYS requirements associated with this bid are responsible for compliance with those requirements.

Locating Bid Q&A Log into COMMBUYS, locate the Bid, acknowledge receipt of the Bid, and scroll down to the bottom of the Bid Header page. The “Bid Q&A” button allows Bidders access to the Bid Q&A page.

Bid Amendment Deadline The SSST reserves the right to make amendments to the Bid after initial publication. It is each Bidder’s responsibility to check COMMBUYS for any amendments, addenda or modifications to this Bid, and any Bid Q&A records related to this Bid. The SSST and the Commonwealth accept no responsibility and will provide no accommodation to Bidders who submit a Quote based on an out-of-date Bid or on information received from a source other than COMMBUYS.

Pre Bid Conference The Pre Bid Conference is the physical, web or telephone conference conducted by the SSST for the purpose of informing prospective Bidders about general Bid information and answering questions from prospective Bidders. Attendance is optional and will be on October 18, 2017 from 9:.30 a.m. to 11:00 a.m. at One Ashburton Place, 13th Floor, Conference Room E, Boston, MA and via conference call by dialing 888-278-0296 and entering access code number 7155857. Attendance is optional. Please refer to the Pre Bid Conference section of the Header Information for this Bid in COMMBUYS for any updated information, including the location, time and date of the Bidders’ Conference.

Late Bids will not be Considered Bid responses must be received in full by the posted due date and time. Proposals received after the deadline will be late and ineligible for consideration and deemed as non-responsive. Each offeror must submit all required bid response forms electronically through COMMBUYS. When submitting a quote electronically through COMMBUYS, please allow sufficient time to complete the online forms and upload documents. The solicitation will end at the closing time listed in the RFR. If you are in the middle of uploading your proposal at the closing time, the system will stop the process and your quote will not be completed and received by the system.

Debriefing The SSST will conduct debriefings for unsuccessful Bidders, if requested within 14 calendar days of the resulting Master Blanket Purchase Order being posted on COMMBUYS. The SSST will provide debriefing guidelines in advance of each debriefing.

Applicable Procurement Law:

Acquisition Method:

The acquisition method(s) to acquire goods and/or services from this Bid are identified below.

Anticipated Contract Awards:

Check One (“X”):

Estimated Number of Awards There is no target maximum number of Contractors. Multiple Contractors will be required to fulfill the needs of this contract. The primary objective is addressing the variety of engineer skills as well as geographic distribution needed to properly meet the needs of the Commonwealth and Eligible Entities.

Contract renewals will be offered at the sole discretion of OSD. At a minimum, offers to renew will be contingent upon satisfactory contractor performance, compliance with reporting requirements, and adequate sales volume; OSD reserves the right to reduce the number of awarded contractors for the duration of the agreement.

Adding Contractors after initial Contract Award The SSST reserves the right to re-open the contract during the term of the contract if it is determined to be in the best interest of the Commonwealth. After the initial selection process under this RFR, the SSST may allow bidders an opportunity to submit bids at a time specified by the SSST during the contract term. Bid quotes (responses to the RFR through COMMBUYS) will be reviewed and evaluated and additional vendors may be added to the pre-qualified list upon completion of the qualification and evaluation process outlined in this RFR and selection by the SSST. Contracts awarded as a result of the reopening will run concurrently with other awarded contracts under PRF69 and will be subject to the same terms and conditions.

The SSST is not obligated to reopen the contract, and will only do so upon its own determination of need.

Performance and payment time frames which exceed Contract duration All engagements for services entered into during the duration of this Contract and whose performance and payment time frames extend beyond the duration of this Contract shall remain in effect for performance and payment purposes for 12 months. All such ongoing engagements with vendors that receive awards on the successor to this contract must be transitioned to the new contract by June 30, 2018. No new engagements for services under this Statewide Contract may be executed within six (6) months of the final termination date of this Contract or any time thereafter.

Entities Eligible to Use the Resulting Contract Statewide Contract – Open for Use by All Eligible Entities. Any Contract(s) resulting from this Bid will be open for use by the following entities:

1. Cities, towns, districts, counties and other political subdivisions;

2. Executive, Legislative and Judicial Branches, including all Departments and elected offices therein;

3. Independent public authorities, commissions and quasi-public agencies;

4. Local public libraries, public school districts and charter schools;

5. Public hospitals owned by the Commonwealth;

6. Public institutions of higher education;

7. Public purchasing cooperatives;

8. Non-profit, UFR-certified organizations that are doing business with the Commonwealth;

9. Other states and territories with no prior approval by the State Purchasing Agent; and

10. Other entities when designated in writing by the State Purchasing Agent.

Each eligible entity is responsible for executing its own purchase orders and paying its own invoices for goods and/or services acquired from this Contract. Contractors will be responsible for marketing their goods and/or services to Commonwealth Agencies and other eligible entities.

Anticipated Contract Duration:

Initial Duration

Three (3 ) years from the contract effective start date (execution date)

Total Maximum Contract Duration

Up to twelve years (12)

Estimated Value of the Contract The estimated value of purchase(s) resulting from this Bid is US $35,000,000.00. The Commonwealth makes no guarantee that any commodities or services will be purchased from any Contract resulting from this Bid. Any estimates or past procurement volumes referenced in this Bid are included only for the convenience of Bidders, and are not to be relied upon as any indication of future purchase levels.

The goods/services being solicited in this Bid have not been on Statewide Contract in the past. However, the SSST believes that there is a large opportunity for business for interested Bidders and forecasts the estimated value over the life of this contract to be US $35,000,000.00. This estimate includes the total value of the last Department of Conservation and Recreation (DCR) Departmental service contract, minus an estimate of the DCR projects which will be solicited through other statewide contracts administered by the Operational Services Division (OSD) (www.mass.ogv/osd). The estimate also considers the potential use by other Executive Departments, including DCAMM, and other eligible entities through the duration of the contract.

Procurement Scope and Description This RFR seeks qualified engineering firms to assist Eligible Entities in maintaining a variety of infrastructure types. The specific engineering disciplines sought include but are not limited to:

Civil Engineering Facilities Engineering Coastal Engineering Construction Engineering Mechanical Engineering Geotechnical Engineering

Energy Systems Engineering Structural Engineering Surveying Transportation Engineering Water resources

Firms will be responsible for providing engineering services for various projects, after RFQ and project award, on an on call/as needed basis. Depending on the scope of individual projects, firms may be responsible for a variety of engineering disciplines including, but not limited to: survey, structural, marine, sanitary, mechanical, electrical, cost estimating, and related permit application preparation. Project scope examples have included but are not limited to: improving buildings and systems, utilities, pool modernizations, rink rehabilitation, roadways and traffic signals, storm water, docks and piers, site assessment, and site development.

Typically this contract is utilized for tasks to support these types of facilities. Selected firms do not need to be proficient in all areas of expertise cited; however, their bid response must identify their areas of special capacity or expertise for future project proposal requests.

Bidder Qualifications Section C of the RFR covers general bidder qualifications applicable to all PRF69 Facilities Engineering disciplines and categories. Bidder should read thoroughly for required and preferred bid qualifications.

0. Experience

Business background Bidders must include detailed information regarding the company’s experience servicing government accounts. All bidders must have been providing services consistent with this RFR for at least three (3) years prior to the closed date of this Solicitation. Include your organization’s ability to perform the services outlined in this RFR.

The Bidder is defined as: 1) the Company or 2) the Principal of the company.

Years in business Briefly define the scope of services performed during your years in business. Bidders should state the number of current public contractual agreements in place, as well as the number of contractual agreements in the last twelve (12) months prior to the closing of this solicitation.

Organizational Chart Each bidder must submit a copy of their Organizational Chart identifying staff by name (or initials), position title and responsibilities

Subcontractors Bidders can identify any subcontractors that will be used under the Statewide Contract including the names of subcontractors, summaries of their qualifications, experience and duties.

Business Profile Bidders are encouraged to submit a one-page business profile outlining their overall operations, related to providing the services offered under this bid. Relevant business history, local affiliations may be included here. Business profile will be posted in COMMBUYS as an attachment to any contract awarded per this RFR and it will be limited to awarded categories.

1. Employee and/or business technical/business experience, certifications, licenses

Quality Assurance Bidders should describe how they will conduct quality assurance checks to verity that the buyers’ requirements were fulfilled.

Bidders should describe how they will replace unsatisfactory workers upon written notification by an Eligible Entity.

Talent and Functional Expertise Bidders should indicate the functional expertise of each key individual assigned to this bid.

Contract Account Manager

Bidders must indicate the person to be the Contract Account Manager for this bid. Contract Account Manager must have a minimum of 36 months of experience in engineering services.

Account Management Team Bidders must attach resumes of the Account Management team and any other staff members assigned to this bid. Personal information, including but not limited to home address and phone number should be removed.

2. Certifications and Licenses Bidders must attach a list of current certifications, licenses relevant in the appropriate categories.

3. Financial stability including DUNS report, bankruptcy, litigation and contract defaults Document of Tax Compliance (Certificate of Good Standing from the Department of Revenue.)

Bidders must certify compliance with all Commonwealth tax laws, including MGL c62C, §49A. More information regarding these DOR documents are posted at http://www.mass.gov/dor.

Gross Annual Revenue for calendar years: 2014, 2015, 2016 and quarters 1 and 2 of calendar year 2017.

State if there are any past pending legal actions including contract defaults, litigation and bankruptcy, and / or any purposeful business name change due to contract defaults, litigation or bankruptcy. The past is defined as the past three years prior to the opening of this solicitation.

No contracts will be awarded without a Statement of Financial Stability as required above!

4. References and reference information and/or requirements The Business References are to be submitted directly to the SSST directly from the business references chosen by the bidder. Independent Business References: These references are required as part of this RFR. The SSST is providing a form for each bidder to send to potential business references. This is the only form that shall be used. All business references must be submitted directly from the business reference with the business letterhead and emailed to the SSST at Sorraia.tavares@state.ma.us. The first three (3) business references received on behalf of each bidder will be evaluated. The SSST shall not consider any business references beyond these first three (3). Independent Business References are required to be recipients of bidder business services with whom there is or has been a business relationship within the last three (3) years. The SSST would like to see references from organizations located in Massachusetts if possible.

5. Emergency Response Capabilities In an urgent/emergency situation, contractors may be asked to supply the Commonwealth with the commodities and/or services under the Statewide Contract on a priority basis. Bidders’ Quote should include the following:

Indicate whether there is a written Continuity of Operations Plan (COOP) that describes how the company will continue to do business in case of an emergency.

A list of emergency contact information including name, position/title, phone, email and cell phone.

A list of the Bidder’s building location (s) that would be available to serve the Commonwealth during an emergency.

A description of the areas of Massachusetts that the Bidder could supply in the event of an emergency (e.g., Entire State, Specific City or Region).

D. Category Specifications At the inception as well as throughout the life of the contract, the SSST reserves the right to amend engineering service category specifications as well as restrict or phase out service categories used as part of the services, in order to comply with new policies, laws and regulations; minimize human health risks; or in other cases, if in the best interests of the Commonwealth to do so.

Projects that are primarily environmentally-focused should consider using Statewide Contract PRF67 Designated DCAMM for Environmental Engineering, Diagnostics and Testing or its successor as an appropriate contract vehicle. Users of PRF69 awarded contract should be aware that minor environmental issues are allowable under typical facility engineering projects.

The RFR categories for PRF69 are as follows:

Civil Engineering Facilities Engineering Coastal Engineering Construction Engineering Mechanical Engineering Geotechnical Engineering

Energy Systems Engineering Structural Engineering Surveying Transportation Engineering Water resources

Additional information regarding each category is provided below in the Functional Description section of each engineering discipline.

Civil Engineering Category Functional Description This category is inclusive of: planning, design, construction, maintenance and repair of the physical and naturally built environment, including works like buildings, roads, bridges, dams, swimming pools, skating rinks, beaches and trails.

Exceptions for Architectural Service Related to Vertical Construction

Buyers and bidders are cautioned to be sure this contract is used properly. For example buyers are reminded that for building projects any engineering fees over $10,000 in value and/or construction costs estimated at over $100,000 in value must be designed by firms selected by the Designer Selection Board and/or the local municipal equivalent.

Facilities Engineering Category Functional Description This category is inclusive of: planning, design, construction, operation, maintenance and repair of publically-owned facilities including buildings, public restrooms, rinks, pools, and assist in the operation of for the physical plant including maintenance, environmental, health, safety, energy, controls/instrumentation, utility systems, security, plumbing and HVAC.

Exceptions for Architectural Service Related to Vertical Construction

Buyers and bidders are cautioned to be sure this contract is used properly. For example buyers are reminded that for building projects any engineering fees over $10,000 in value and/or construction costs estimated at over $100,000 in value must be designed by firms selected by the Designer Selection Board and/or the local municipal equivalent.

Coastal Engineering Category Functional Description This category is inclusive of: planning, design, construction, operation, maintenance and repair of publically-owned infrastructure including seawalls, docks, piers, barrier dunes and the specific demands posed by coastal properties.

Construction Engineering Category Functional Description This category is inclusive of: technical tasks and duties associated with management of public construction including resident services, daily and weekly reports, as-built drawings and close-out reports.

Exceptions for Architectural Service Related to Vertical Construction

Buyers and bidders are cautioned to be sure this contract is used properly. For example buyers are reminded that for building projects any engineering fees over $10,000 in value and/or construction costs estimated at over $100,000 in value must be designed by firms selected by the Designer Selection Board and/or the local municipal equivalent.

Mechanical Engineering Functional Description This category is inclusive of: planning, design, construction, operation, maintenance and repair of mechanical systems including plumbing, heating, air-conditioning, ventilation and instrumentation.

Geotechnical Engineering Category Functional Description This category is inclusive of: technical tasks and duties associated with the engineering behavior of earth materials. Exceptions for Architectural Service Related to Vertical Construction Exceptions for Architectural Service Related to Vertical Construction

Buyers and bidders are cautioned to be sure this contract is used properly. For example buyers are reminded that for building projects any engineering fees over $10,000 in value and/or construction costs estimated at over $100,000 in value must be designed by firms selected by the Designer Selection Board and/or the local municipal equivalent.

Energy Systems Engineering Category Functional Description This category is inclusive of: planning, design, construction, operation, maintenance and repair of with energy and utility systems, energy efficiency, energy services, facility management, plant engineering, environmental compliance and alternative/renewable energy technologies.

Structural Engineering Category Functional Description This category is inclusive of: technical tasks and duties associated with materials and the ability to understand, predict, and calculate the stability, strength and rigidity of built structures, design of improvements, integration of design with that of other designers, and to supervise construction of projects on site.

Surveying Functional Description This category is inclusive of: technical tasks, duties, reports and science of determining the terrestrial or three-dimensional position of points and the distances and angles between them.

Transportation Engineering Category Functional Description This category is inclusive of: planning, functional design, operation and management of transportation facilities for the safe, efficient, rapid, comfortable, convenient, economical, and environmentally compatible movement of people and goods.

Water Resources Engineering Category Functional Description This category is inclusive of: planning, design, construction, operation, maintenance and repair of water supply and treatment systems including underground wells, treatment techniques and plants, distribution and testing.

E. Service Requirements

0. Service PRF69 is a task based contract. The following constitutes a list of tasks applicable to PRF69 Facilities Engineering RFR categories, but it is not limited to:

· Assessment

· Technical Reports

· Design

· Permitting

· Construction Services

· Material

· Environmental Testing

· Project Management

Geographic Service and Delivery Areas The SSST seeks an array of firms compatible with the variety of sites where facilities are maintained. Firms should indicate a regional preference, if any. If branch offices exist in those areas, it should be indicated in their response. The five DCR Regions for PRF69 RFR are:

· Boston Region

· North Region

· Central Region

· West Region

· South Region

Bidders should refer to RFR Appendix 5 for a comprehensive list of cities/towns within each geographic region listed above.

F. Insurance Requirements

a. Insurance General The insurance coverage listed below must be maintained during the life of the contract. Prior to beginning work under this contract, the Contractor must provide the Eligible Entity with certificates of insurance, acceptable to the Eligible Entity, showing of each of the insurance policies required under this RFR, the insurance company, policy number, any endorsements, amount of insurance, deductibles and/or self-insured retentions, and policy effective and expiration dates.

Insurance shall be provided by insurers authorized to transact business in Massachusetts and having at least an "A" Best's Rating and a Class VII financial size category. Insurance policies shall contain a provision or endorsement stating that coverage will not be canceled or renewal refused unless at least thirty-day (30) prior written notice has been delivered or mailed to the Eligible Entity and the Bidder. Certificates of insurance shall contain a statement confirming the thirty-day' (30) prior written notice. Any coverage that expires during the period in which it is to remain in full force and effect shall be renewed and a certificate filed with the Eligible Entity within fifteen (15) days of the renewal. If any policy of insurance is canceled or is not renewed as provided, payments by the Eligible Entity to the Bidder for Services rendered may cease until such time as the required policy of insurance is reinstated. The Eligible Entity reserves the right to request certified complete copies of all policies and endorsements required under this RFR at any time during the Contract term.

Policies of insurance, excluding Professional Liability Insurance (PLI), shall remain in effect until final payment and for three years from the date of the Contract completion date, whenever the Bidder is carrying out any duties. If the Commonwealth is damaged by Respondent’s failure to maintain any required insurance and to comply with the terms of this section of the RFR, then Respondent shall be responsible for all costs and damages to the Commonwealth attributable thereto.

In the event any portion of the insurance coverage required by the Contract Forms becomes unavailable at reasonable prices, as determined by the Eligible Entity, The Eligible Entity and Bidder shall, through good faith negotiations, arrive at mutually agreeable revised requirements for insurance coverage.

To the extent, coverage is available from acceptable insurers, the insurer's costs of providing the insured a defense and appeal, including attorney's fees, shall be supplementary and shall not be included as part of the policy limits, but shall remain the insurer's separate responsibility. This requirement shall not be applicable to Professional Liability Insurance and Pollution and Hazardous Waste Liability insurance. Respondent is responsible for the payment of any and all deductibles and/or self-insured retentions under all of the insurance required below. DCAMM shall not in any instance be responsible for the payment of deductibles, self-insured retentions, or any portion thereof.

b. Worker’s Compensation Insurance The Bidder and all sub consultants and subcontractors, at their own expense, must maintain during the life of the contract workers’ compensation insurance for officers, agents and employees under or in connection with this contract with policy limits (with respect to all coverage) of not less than the statutory minimum including without limitation coverage for: the payment of compensation and the furnishing of all benefits referred to in M.G.L.

Chapter 152, as amended, disability benefits and other similar benefits which are applicable to the work which is the subject matter of the contract, employers liability coverage, voluntary coverage providing compensation for private entities performing work at the site who are exempt from the legal obligation to procure and maintain workers compensation coverage on account of the number of employees or occupation, and Occupational Disease benefits. This policy shall contain a waiver of subrogation in favor of the Commonwealth.

By signing the Commonwealth Standard Contract Form and Instructions, the bidder confirms compliance with applicable state and federal employment laws or regulations, including Worker’s Compensation Insurance as required by M.G.L. Chapter 152 and Unemployment Insurance.

Sole Proprietors are not subject to this requirement.

c. Comprehensive General Liability Insurance The Bidder and all sub consultants and subcontractors, at their own expense, must maintain during the life of the contract comprehensive general liability insurance written on an occurrence basis, including without limitation the following coverage: bodily injury and death liability; personal injury liability (with no employee exclusion): independent Contractor protective liability; broad form property damage (with X, C, and U coverage) and contractual liability. This insurance shall not contain a care, custody and control exclusion. The policy must identify the Commonwealth of Massachusetts as an additional insured. This insurance shall be written with respect to all coverage, for not less than the following policy limits: $1,000,000 each occurrence; $3,000,000 aggregate. This policy shall contain a waiver of subrogation in favor of the Commonwealth.

d. Comprehensive Business Motor Vehicle Liability Insurance The Contractor and all subcontractors, at their own expense, must maintain during the life of the contract comprehensive business motor vehicle liability insurance written on an occurrence basis, with no deductible, including without limitation coverage for: bodily injury and death liability; property damage and any other hazard arising out of the ownership, maintenance or use of motor vehicle. Such coverage shall be in accordance with applicable law, including, but not limited to, the automobile insurance regulations of the United States, the Commonwealth of Massachusetts, and any other states where the Contractor may maintain its principal place of operation and/or staff or maintain personnel or equipment. This insurance shall be written with respect to all coverage, for not less than the following policy limits: $1,000,000 per each occurrence; $1,000,000 aggregate.

The general liability and motor vehicle insurance required by this RFR may be arranged under single policies for the full limits as set forth above or by a combination of underlying insurance with the balance of the limit amount provided by excess or umbrella insurance policies. All excess or umbrella insurance policies shall follow form, without exclusions or reductions in coverage over the primary liability insurance policy. All policy limits for insurance coverage required by this RFR shall be exclusive of litigation costs and attorney’s fees. All policies must state that bankruptcy or insolvency of the insured shall not relieve the insurer of its obligations under the policy, and must state that the insurer is liable for payment of amounts within any deductible applicable to the policy, with the right of reimbursement by the insured for any such payment made by the insurer.

e. Pollution and Hazardous Waste Liability If an assignment involves the removal or remediation of Hazardous Materials and/or the Bidder provides Services in connection with Hazardous Materials conditions, the Bidder’s PLI policy, and the PLI policy of any Sub consultant employed on such Hazardous Material Services, shall provide coverage for any and all claims and liability arising out of any negligent act, error or omission in the performance of any such Hazardous Material Services. If the assignment does not contemplate Services in connection with Hazardous Materials at all but, during prosecution of the Services, materials reasonably believed to be Hazardous Materials are encountered, and the Bidder is not able to obtain/maintain the required PLI coverage, DCAMM will retain a separate Bidder for those Services.

The Respondent and all subcontractors, at their own expense, must maintain during the life of this contract pollution and hazardous waste liability insurance coverage, written on a “Hazardous Materials” as used herein shall include substances defined or classified as a “hazardous substance,” “toxic substance,” “hazardous material,” “hazardous waste,” “hazardous pollutant,” or “toxic pollutant,” or otherwise denominated as hazardous, toxic, or a pollutant in: (A) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. § 9601 et seq., as amended by the Superfund Amendments and Reauthorization Act of 1986, as amended (CERCLA); (B) the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq., as amended (“RCRA”); (C) the Massachusetts Hazardous Waste Management Act, Massachusetts General Laws Chapter 21C, as amended (“Chapter 21C”); (D) the Massachusetts Oil and Hazardous Material Release Prevention and Response Act, Massachusetts General Laws Chapter 21E, as amended (“Chapter 21E”); (E) any other federal, state, or local law or ordinance addressing the protection of human health, safety, welfare, or the environment, as amended or (F) regulations promulgated pursuant to CERCLA, RCRA, Chapter 21C, Chapter 21E, or other applicable environmental laws, as amended.

This insurance policy shall cover the liability of Respondent during the process of removal, storage, transport and disposal of Hazardous Materials and/or abatement. The policy shall include coverage for on-site and off-site bodily injury and loss of, damage to, or loss of use of property, directly or indirectly arising out of the discharge, dispersal, release, or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gas, waste materials, or other irritants, contaminants or pollutants into or upon the land, the atmosphere or any water course or body of water, whether it be gradual or sudden and accidental. The policy shall also include legal defense and clean-up costs. The policy date or Retroactive Date shall predate this contract and the termination date of the policy or applicable extended reporting period shall be no earlier than one month after the end of the contract. This insurance shall be written with respect to all coverage, for not less than the following policy limits: $1,000,000 each occurrence; $3,000,000 aggregate. This coverage may be provided through a separate pollution and hazardous waste liability policy, or through a general liability or errors and omissions policy which does not contain a pollution exclusion, and which meets the requirements set forth in this paragraph.

If an assignment involves the removal or remediation of Hazardous Materials and/or the Respondent provides services in connection with Hazardous Materials conditions, the Respondent’s Professional Liability Insurance (PLI) policy, and the PLI policy of any sub consultant employed on such Hazardous Material Services, shall provide coverage for any and all claims and liability arising out of any negligent act, error or omission in the performance of any such Hazardous Material Services. If the assignment does not contemplate Services in connection with Hazardous Materials at all but, during prosecution of the Services, materials reasonably believed to be Hazardous Materials are encountered, and the Respondent is not able to obtain/maintain the required PLI coverage, Eligible Entities may retain a separate Respondent for those Services.

f. Professional Liability Insurance The Bidder shall maintain Professional Liability Insurance (PLI) with a limit of $1,000,000 or higher limit if requested by the Eligible Entity. The Bidder shall provide evidence of its ability continue to obtain the required PLI coverage for a period of not less than three (3) years. Evidence of such insurance shall be presented to the Eligible Entity at any time when requested by the Eligible Entity. Professional Liability coverage with the Contract (including all Sub consultants) rests solely with the Bidder.

The Bidder shall at his own expense obtain and maintain a Professional Liability Policy for errors, omissions, or negligent acts arising out of the performance of this agreement in a minimum amount equal to ten percent (10%) of the Fixed Limit Construction Cost and in any event shall not be less than $250,000. Insurance coverage in excess of one million dollars ($1,000,000) shall not be required with exceptions to be negotiated with the Bidders. Subject to the prior approval of the Eligible Entity, the Bidder may have a Professional Liability Policy with a deductible clause if in the judgment of the Eligible Entity, the Bidder’s financial resources are sufficient to directly absorb the possible liability expense without surety assistance.

Said Professional Liability Insurance shall be in force from the effective date of the Contract and shall extend through and including six years after the earlier of: (1) the date of official acceptance of the Construction Contract by the Eligible Entity; (2) the date of the opening of the project for public use; (3) the date of the acceptance by the general Bidder of a final pay estimate prepared by the Eligible Entity pursuant C. 30 of the general laws; or (4) the date of substantial completion of the Construction Contract and the taking possession for occupancy by the Eligible Entity. The date on which professional liability insurance coverage shall commence (the Retroactive Date) on all policies (including policy renewals) relating to services provided by the Bidder for the project shall be the effective date of the Contract, or an earlier date.

The Respondent shall maintain Professional Liability Insurance (PLI) covering negligent acts, errors or omissions in professional services of Respondent, its sub consultants, and of any person or entity for whose performance Respondent is legally liable, with a limit of $1,000,000 for each claim and $3,000,000 in the aggregate or higher limit if requested by the Eligible Entity. The Respondent shall provide evidence of its ability continue to obtain the required PLI coverage for a period of not less than three (3) years. Evidence of such insurance shall be presented to the Eligible Entity at any time when requested. Responsibility for Professional Liability coverage with the Contract (including all sub consultants) rests solely with the Respondent.