TRD-01 Brockton Trial Court - Boiler Energency Stops.pdf

Brockton Trial Court – Boiler Emergency Stop Buttons BD-26-1107-FADM-ADMIN- 118979

Scope of Work Statement Page 1 of 3

Scope of Work Statement

MGL Chapter 149 Projects: With Labor Costs of $10,000 to $49,999

AWARDING ENTITY

Awarding Entity: Massachusetts Trial Court Agency Name and Address: 3 Pemberton Square, Boston MA 02108 Project Number: BD-26-1107-FADM-ADMIN-118978 Estimated Construction Cost: $15,000.00

• Labor = $5,000.00

• Materials & Equipment = $10,000.00

CONTACT INFORMATION

Name and Title: Tom Prentiss, Procurement Coordinator Phone: 857-895-1454 Email Address: thomas.prentiss@jud.state.ma.us

CONTRACT AND BIDDING INFORMATION

Project Name: Brockton Trial Court – Boiler Emergency Stop Buttons Project Description: Installation of new Emergency Stop Buttons in the Penthouse Mechanical Room at

(2) locations to power down the (3) gas fired boilers.

Site Visit: Contact Facilities Specialist Supervisor to schedule site visit prior to submitting bid

Richard Connaughton

508-897-2666

Richard.connaughton@jud.state.ma.us

Bid Deadline: August 4, 2025 @12:00 PM

Bids to be submitted electronically via COMMBUYS

OSD Trade Category: TRD-01 Additional Information:

SCOPE OF WORK

Detailed Scope of Work:

This project involves the installation of new emergency stop buttons at strategic locations to enhance the safety and provide immediate shutdown capabilities for the designated equipment: (3) gas fired boilers.

Design and Planning The electrical contractor shall perform the following tasks.

• Review existing electrical schematics and machine documentation (available for review during Site Visit) to determine the appropriate integration points for the emergency stop systems.

Scope of Work Statement Page 2 of 3

• Design a safe and reliable electrical circuit that meets all applicable safety standards including but not limited to NFPA and OSHA.

• Supply the stop buttons that are required, ensuring they are appropriate for the environment and application.

• Develop a detailed wiring diagram and connection schedule

Material Procurement Procure all necessary material and components, including:

• Self-latching emergency stop buttons (typically bright yellow with a red push button)

• Enclosures (boxes) to house the buttons and wiring and ensure adequate protection and safety

• EMT raceways to be dedicated to the use and continuous from button to boiler, installed in a neat and professional manner, adhering to all electrical condes to ensure the system is wired such that activating any emergency stop button overrides all other functions and initiates a safe shutdown

• All necessary hardware for the installation

• Properly ground all systems

Testing and Commissioning

• Conduct a through testing of the installed systems to verify functionality and adherence to safety requirements in the presence of Trial Court Facilities Staff

• Confirm that activating the emergency stop button properly stops the relevant equipment

• Verify that resetting the emergency stop button only allows the system to be restarted, not physically start the equipment directly.

• Provide documentation of successful testing and commissioning

Documentation

• Provide updated electrical drawings and schematic diagrams reflecting the new installation

• Provide a list of all material used, including manufacturers and model numbers

• Provide instructions for the proper operation and resetting of the emergency stop system

• Provide adequate signage to indicate the purpose of the devices at the location of the devices

• Provide signage at each boiler indicating the installation of the emergency stop devices and the location

Schedule

• Include a timeframe for the project, such as a start date and completion date

• Project can be completed during normal court business hours (7:00am – 4:00pm)

• Testing and verification of installation will be done during off hours to ensure proper stop and restart was successful

Notes

1. Emergency stop buttons must be self-latching meaning they remain in the actuated position until deliberately reset

Scope of Work Statement Page 3 of 3

2. Contractor will make a site visit prior to submitting bid at a pre-determined date and time to meet with Trial Court Representative that is familiar with the scope of this project. (Refer to Site Visit information)

3. All electrical work required an electrical permit issued by the City of Brockton

PROJECT SCHEDULE

Planned Start Date: September 2, 2025 Contract Duration Until Substantial Completion: September 19, 2025 Contract Duration Until Final Completion: September 30, 2025

ATTACHMENTS

The following sections are included in the appendices and are part of this contract:

Instruction to Bidders Owner-Contractor Agreement General Conditions of the Contract Prevailing Wage Rate Requirements

FORMS

It is the responsibility of the awarding entity to ensure that they obtain the required licenses/certifications from all workers who will be assisting with the work. The following forms are to be completed and submitted with the bid:

Form for General Bid Required Licenses /Certificates Certificate of Insurance Certificate of Non-Collusion Contractor Authorized Signatory Form Payment Bond and Performance Bond

50% payment bond if total contract is >$25,000 OSHA Certificates for all employees

COMMONWEALTH OF MASSACHUSETTS

INSTRUCTIONS TO BIDDERS

For bid Documents available at OCM’s E-Bid Room

Awarding Authority:

Office of Court Management, Facilities Management & Capital Planning (FMD) Suffolk County Courthouse Three Pemberton Square Boston, MA 02108 Telephone: (857)895-1454 Email: thomas.prentiss@jud.state.ma.us

Project No. /Contract No.: BD-26-1107-FADM-ADMIN-118978 Title: Brockton Trial Court – Boiler Emergency Stop Buttons

Category of Work: Electrical Services

Project Description and Scope:

This project involves the installation of new emergency stop buttons at strategic locations to enhance safety and provide immediate shutdown capabilities for designated equipment for the

(2) hot water boilers.

Examination of Sites:

Contact Facilities Specialist Supervisor on site to schedule site visit Richard Connaughton 508-897-2666 Richard.connaughton@jud.state.ma.us

Deadline for filing General bids is at 12:00 p.m. on Monday, August 4, 2025.

General Bid Opening is at 12:00 p.m. on Monday, August 4, 2025.

The minimum wage rate requirements for this Contract are located in the Prevailing Wage Rate Requirements.

Pursuant to M.G.L. c. 30, §39S(a) (2) all employees to be employed on the project must have successfully completed a course in construction safety and health approved by OSHA and of at least 10 hours in duration.

mailto:thomas.prentiss@jud.state.ma.us

The Contractor must provide written verification as detailed in the General Conditions at Article X, of compliance with Massachusetts and federal laws with respect to the employment of workers and Federal Department of Homeland Security Requirements, including, but not limited to, the Employment Eligibility Verification (Form I-9) Process.

Electronic Bid Forms and Contract Documents are available for download at Commbuys.com

The Minority Business Enterprise and Women Business Enterprise (MBE/WBE) participation goal for this Contract is a combined goal of N/A.

The combined goal requires a reasonable representation of both MBE and WBE firm participation on the project, as further set forth in Section 8 below and the general conditions of the contract.

The applicable minority workforce utilization percentage is 15.3 %.

The applicable women workforce utilization percentage is 6.9 %.

The Commonwealth encourages the participation of Service-Disabled Veteran-Owned Business Enterprises (“SDVOBE”) on its construction projects. The benchmark for SDVOBE participation on the Project is 0%.

The time for completion of the Work is specified in Article 2 of the Owner - Contractor Agreement. Liquidated damages for failure to complete work on time are as stated in Article 8 of the Owner - Contractor Agreement.

As used herein, capitalized terms shall have the meaning assigned to them in the General Conditions of the Contract and the Owner - Contractor Agreement unless the context clearly indicates otherwise.

SECTION I - BIDDER'S REPRESENTATION

1.1 Each general bidder or sub-bidder (hereinafter sometimes referred to as "Bidder) by making a bid or sub-bid (hereinafter sometimes referred to as "Bid") represents and warrants that Bidder has visited and examined the Site and the Contract Documents, that Bidder is familiar with the local conditions under which the Work is to be performed, that Bidder has correlated personal observations with the requirements of the Contract Documents, and that where the Contract Documents require, in any part of the Work, a given result to be produced, the Contract Documents are adequate and that Bidder will produce the required result within the Bid price and that the Bid is made in accordance therewith.

1.2 Failure to so examine the Contract Documents and the Site will not relieve any Bidder from any obligation under the Bid as submitted. Neither the Commonwealth nor the Designer will be responsible for errors, omissions and/or charges for extra work arising from Bidder's failure to familiarize itself with the Contract Documents or existing conditions.

SECTION 2 -- GENERAL BIDDERS - CERTIFICATE OF ELIGIBILITY AND

UPDATE STATEMENT

2.1 Every general bidder must submit the following with its general bid:

--A Prime/General Contractor Certificate of Eligibility issued by the Division of Capital Asset Management and Maintenance ("DCAMM"), showing that the Bidder has been approved to bid on projects for the category of work required and that the Bidder has a single project limit in an amount no lower than the amount of its Bid including all "add" alternates.

--A fully completed Prime/General Contractor Update Statement.

2.2 It is the Bidder's responsibility to obtain the necessary forms from DCAMM and to submit its Application for Certificate of Eligibility so as to allow sufficient time for DCAMM's evaluation of the application and issuance of a Certificate of Eligibility prior to the deadline for bidding.

2.3 The Prime/General Contractor Update Statement is not a public record as defined in M.G.L. c. 4, § 7 and will not be open to public inspection.

SECTION 3 -- REQUESTS FOR INTERPRETATION

3.1 Any questions by prospective Bidders concerning interpretation of the Contract Documents must be submitted in writing to the Awarding Authority and should be in its possession at least ten working days before the date set for the receipt of Bids. The Awarding Authority will post addenda or written clarifications that it deems necessary to the E-Bid Room for this project. Bidders who have registered as plan holders will receive a notification from Biddocs.com. Bidders may not rely upon oral communications or interpretations from the Awarding Authority or the Designer and the Awarding Authority shall not be bound by them.

3.2 It is the sole responsibility of the Bidder to ascertain the existence of any addenda issued by the Awarding Authority, whether or not the same are mailed to, or received by, Bidder.

Copies of addenda will be made available on Biddocs.com.

3.3 Wherever in the Contract Documents reference is made to Massachusetts General Laws, it shall be construed to include all amendments thereto effective as of the date of the issuance of the invitation to bid on the proposed work.

SECTION 4 -- PREPARATION OF BIDS; ALTERNATES

4.1 The Form for General Bid must be accessed through BidDocs.com and must be completed in its entirety on-line with the bidder scanning and attaching its: 1) Certificate of Eligibility; 2) Update Statement; and 3) Bid Bond.

4.2 Where so indicated on the bid form, sums shall be expressed in both words and numerals.

Where there is a discrepancy between the Bid sum expressed in words and the Bid sum expressed in figures, the Bid sum expressed in words shall control unless the intention of the Bidder clearly is otherwise as determined by the Awarding Authority in its sole discretion.

4.3 Each Bidder shall acknowledge all required alternates in Section C on the Form for Bid by entering the dollar amount of addition or subtraction necessitated by each alternate. Bidders shall enter on the Form for General Bid a single amount for each alternate that shall consist of the amount for all of the work required by the Alternate.

4.4 If an alternate includes work within the Bidder's scope of work and does not involve a change in the cost of the Bid, the Bidder shall so indicate by writing "No Change" or "N/C" or "0" in the space provided for that alternate.

4.5 The lowest Bidder will be determined on the basis of the sum of the base Bid and the alternates accepted by the Awarding Authority.

4.6 Each Bid must be accompanied by a bid deposit in the form of a bid bond; cash; or a check certified by, or a treasurer's or cashier's check issued by, a responsible bank or trust company, payable to the Massachusetts Trial Court, Office of Court Management, Facilities Management & Capital Planning Department. Any bid bond shall be (a) in a form satisfactory to the Awarding Authority, (b) with a surety company qualified to do business in the Commonwealth and (c) conditioned upon the faithful performance by the principal of the agreements contained in the Bid.

4.7 The amount of such bid deposit shall be 5% five per cent of the value of the Bid including alternates.

4.8 All Bidders must scan and attach their bid bond with their electronic bid submission.

Cash Bid Deposits: All cashier's checks or currency must be delivered to the Awarding Authority prior to the date and time of the bid opening. Cash Bid deposit shall be enclosed in a sealed envelope with the following plainly marked on the outside:

Bid Deposit for:

o Awarding Authority Name o Project Name and Number o Bidder's Name, Business Address, and Phone Number

SECTION 5 - SUBMISSION OF BIDS

5.1 This project is being Electronically Bid (E-Bid). All bids shall be submitted online at Commbuys.com. Each Bid shall be submitted through Commbuys.com. Hard copy bids will not be accepted by the Awarding Authority.

• All required bid forms must be submitted in PDF format only. The bidder must complete all required signatures by using the signature authorization form.

• The bidder must enter bid price on the E-Bid form as a whole dollar value only with no punctuation. Sums shall be expressed in both words and figures on the bid form.

Note: The E-Bid form will automatically match the word value to the numeric figure entered by the bidder.

• Companies must register on Commbuys.com to receive an email notification when an addendum is posted.

• If a bid is submitted prior to an Addendum being issued, the bidder will only receive an automated email notification alerting the bidder to the Addendum if registered as a plan holder on Commbuys.com. The bidder must review the addendum, acknowledge all addenda, and resubmit the bid. If a bidder fails to acknowledge addenda their bid may be rejected by the Awarding Authority.

• Timely submission of an E-Bid shall be the full responsibility of the Bidder. The server clock is the time of record. It is the bidder’s responsibility to review and confirm online that a bid has been submitted and that the bid is 100% true, complete and accurate. All bidders are required to review their submitted E-Bid on the ebidding page and the bid confirmation email.

5.2 All Bids must be received by the Awarding Authority through Commbuys.com no later than the applicable date and time specified on page 1 of these Instructions to Bidders. Any Bid not received by the applicable deadline will not be accepted.

5.3 All bid results are posted on-line immediately when bids close. Sub-bids will be marked on-line as “official” once the awarding authority completes their review.

SECTION 6 - WITHDRAWAL OF BIDS; REJECTION OF BIDS

6.1 Any Bid may be withdrawn electronically prior to the specified deadline for the receipt of Bids by selecting the “Retract” option through Commbuys.com. Once retracted, the Bidder will receive a convenience email for informational purposes only.

6.2 A Bidder may withdraw its Bid without penalty at any time up to the time of Award as defined below in subsection 8.1 only upon demonstrating to the satisfaction of the Awarding Authority that a death or disability has occurred, or a bona fide clerical or mechanical error of a substantial nature was made during the preparation of the bid. Failure to demonstrate conclusively that a bona fide clerical or mechanical error of a substantial nature was made may result in forfeiture of the Bid Deposit.

6.3 The Awarding Authority reserves the right to waive any informality in or to reject any and all Bids if it is in the public interest to do so. Without limiting the foregoing, the Awarding Authority reserves the right to reject unit prices which it deems unduly high or unduly low as unbalanced.

SECTION 7 -- CONTRACT AWARD

7.1 "Award" means the determination, selection, and notification of the lowest, responsible and eligible Bidder by the Awarding Authority.

7.2 The Awarding Authority will award the Contract within thirty days, Saturdays, Sundays, and legal holidays excluded after the opening of Bids in accordance with M.G.L. c.149 §44A.

7.3 The Contract will be awarded to the lowest responsible and eligible Bidder as determined by the Awarding Authority, except in the event of substitution as provided under M.G.L. c.l49, §§44E and 44F, in which cases the procedure as required by said sections shall govern the award of the Contract.

7.4 As used herein, the term "lowest responsible and eligible Bidder" shall mean the general bidder whose Bid is the lowest of those Bidders who, in the Awarding Authority's opinion, are ready, willing and able to comply with all requirements of the Contract Documents and demonstrably possess the skill, ability, and integrity necessary for the faithful performance of the Work, based on the determination of past performance and financial soundness under (i) M.G.L. c.l49 §44A and following sections, (ii) the rules, regulations, orders, guidelines and policies promulgated from time to time by the Commissioner of DCAMM and (iii) any other relevant criteria that the Commissioner may prescribe. If the Awarding Authority determines that any non-filed subcontractor chosen by a Bidder is not qualified or responsible, then the Bidder shall obtain another subcontractor satisfactory to Awarding Authority and the contract price shall not be adjusted.

7.5 The general bid price shall be the price set forth in paragraph C of the Form for General Bid.

No general Bid shall be rejected (i) because the sum of the prices set forth in Item 1 and 2 does not equal the general bid price set forth in said paragraph C or (ii) because of one or more errors in setting forth the name, the sub-bid price of a sub-bidder, or the total of Item 2, provided that the sub-bidder or sub-bidders designated are clearly identifiable, or (iii) because the plans and specifications do not accompany the Bid or are not submitted with the Bid.

7.6 Should the Contract Documents require submission of special data to accompany the Bid, the Awarding Authority reserves the right to rule the Bidder’s failure to submit such data an informality and to receive said data subsequently within a reasonable time as set by the Awarding Authority, provided that no such ruling shall result in an unfair advantage to the Bidder.

7.7 In addition to the general bid price set forth in paragraph C of the Form for General Bid, the Awarding Authority will also factor in the labor rates set forth in the Supplemental Bid Form to determine the lowest responsible and eligible Bidder.

SECTION 8 - EXECUTION OF CONTRACTS

8.1 Upon receipt of the Award, the general bidder awarded the Contract shall submit three (3) properly executed originals of each of the following documents prior to execution of the Contract by the Awarding Authority. All such documents shall be in the form prescribed by the Awarding Authority. Note: The successful general bidder must submit its Schedule for Participation of Minority/Women Business Enterprises and Letters of Intent as set forth in Section 8.4 above prior to Award of the Contract.

-Owner-Contractor Agreement -Certificate of Joint Venture (if appropriate) -Certificate of Compliance with State Tax Laws and with Unemployment Compensation

Contribution Requirements -Performance and Payment Bonds with power of attorney attached -Certificates of Insurance evidencing coverages in amounts required by the Contract Documents.

-Any other documents that the Awarding Authority may reasonably require in connection with the Contractor's execution of the Contract.

SECTION 9 - RETURN OF BID DEPOSITS

9.1 All Bid Deposits of general bidders, except those of the three (3) lowest responsible and eligible general bidders, shall be returned within five (5) days, Saturdays, Sundays and legal holidays excluded, after the opening of the general bids. The Bid Deposits of the three (3) lowest responsible and eligible general bidders shall be returned upon the execution and delivery of the General Contract or, if no award is made, upon the expiration of the time prescribed in M.G.L. c. 149, § 44A for making an award; except that, if any general bidder fails to perform its agreement to execute the Contract and furnish Performance and Payment Bonds as stated in its Bid, then said general bidder's Bid Deposit shall become the property of the Commonwealth as liquidated damages; provided that the amount of the Bid Deposit that becomes the property of the Commonwealth shall not exceed the difference between the Contractor's Bid price and the Bid price of the next lowest responsible and eligible Bidder;

and provided further that, in the case of death, disability, bona fide clerical or mechanical error of a substantial nature, or other similar unforeseen circumstances affecting the general bidder, such general bidder's Bid Deposit shall be returned.

9.2 In addition to the provisions for the return of Bid Deposits as provided above, upon receipt of a Bid Bond in an amount not less than the amount of the required Bid Deposit, the Awarding Authority shall return any Bid Deposit of a Bidder forthwith after the public opening of Bids.

Page 1 of 4 Owner - Contractor Agreement

Project/Contract #BD-26-1107-FADM-ADMIN-118978

Document ID:

Contractor’s DCAMM Certification Number:

Contractor’s Vendor Code Number:

STANDARD BUILDING MAINTENANCE CONTRACT

For Projects Over $150,000 Subject to M.G.L. c149, §44A -J

OWNER - CONTRACTOR AGREEMENT

Awarding Authority: Executive Office of the Trial Court, Office of Court Management, Facilities Management & Capital Planning (FMCP) Department Code: TRC

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

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

The Awarding Authority and the Contractor agree as follows:

Article 1. Scope of Work. The Work under this Contract is defined as all work required by the Contract Documents for the construction of Brockton Trial Court – Boiler Emergency Stop Buttons, Mass. State Project No./Contract No. BD-26-1107-FADM-ADMIN-118978, in accordance with and as described in the Scope of Work for the project, Page 2 of 4 Owner - Contractor Agreement prepared by N/A (“Designer”), as modified by Addenda Nos. dated _______ 20

Article 2. Contract Term. The term of this contract shall be based off of the proposed project schedule.

Article 3. Contract Price. The Awarding Authority shall pay the Contractor, in current funds, for the performance of the Work, subject to additions and deductions by Approved Change Order(s), the Contract Price of dollars ($ ). The Unit Prices, if any, approved by the Awarding Authority are those included in the Contractor’s General Bid.

The following Alternates have been accepted and their costs are included in the Contract Price:

Alternate No(s):

Article 4. Approved Subcontractors. No Subcontractors shall be used for these or any portions of the Work without the prior written approval of the Office of Court Management, Facilities Management Department.

Article 5. Certifications. Pursuant to M.G.L. c. 62(c), s.49 (a), the individual signing this Contract on behalf of the Contractor hereby certifies, under the penalties of perjury, that to the best of his or her knowledge and belief the Contractor has complied with any and all applicable state and federal tax laws. The individual signing this Contract on behalf of the Contractor further certifies under penalties of perjury that the Contractor is not presently debarred from doing public construction work in the Commonwealth under the provisions of M.G.L. c. 29, s.

29F, or any other applicable debarment provisions of any other chapter of the General Laws or any rule or regulation promulgated thereunder and is not presently debarred from doing public construction work by any agency of the United States Government and that all certifications and representations described in the general Conditions are true and accurate.

Article 6. The Contract Documents: The following documents form the Contract, are incorporated by reference herein, and are referred to as the “Contract Documents:”

-The Instructions to Bidders -The General Bid submitted by the Contractor –This Owner – Contractor agreement including the following exhibits (check if applicable):

Exhibit A: Additional Insurance provisions, if any -The General Conditions of the Contract

-The Supplementary General Conditions [Note: the term “Supplementary General Conditions” may also refer to Division 1 of the Specifications.]

-The Specifications, including Addenda identified in Article 1 above -All Approved Change Orders issued after execution of this Owner - Contractor Agreement

Page 3 of 4 Owner - Contractor Agreement

Article 7. Liquidated Damages. Liquidated damages for nonperformance or delay of portions of the contract shall be as specified on Exhibit B, if any. The Office of Court Management, Facilities Management Department does not waive its right to recover actual damages for any breaches of portions of this Contract with respect to which no liquidated damages are stipulated in this owner-Contractor Agreement. N/A

Article 8. Contractor’s and Office of Court Management, Facilities Management Department Representatives. The Contractor’s representative for this Contract is . The person administering this Contract on behalf of the Office of Court Management, Facilities Management Department is

Article 9. Notices. Notices to the Contractor shall be deemed given when hand delivered to the Contractor’s Representative in person, or when deposited in the US mail addressed to the Contractor at the Contractor’s address specified in the Owner – Contractor Agreement, or when delivered by courier to either location. Unless otherwise specified in writing by the Office of Court Management, Facilities Management Department, notices and deliveries to the Office of Court Management, Facilities Management Department shall be effective only when delivered to the Office of Court Management, Facilities Management Department at the address specified in the Owner –Contractor Agreement and date-stamped at the reception desk or for which a receipt has been signed by the agent or employee designated by the Office of Court Management, Facilities Management Department to receive notices.

Article 10. Additional Insurance Provisions. The insurance requirements set forth in 7.1 Insurance Requirements of the General Conditions of the Contract are supplemented by the provisions, if any, appearing in Exhibit A attached hereto and incorporated herein.

In witness whereof, the parties hereto have caused this instrument to be executed in triplicate under seal as of the date set forth above.

CONTRACTOR:

By:

Name:

Title:

Date:

Page 4 of 4 Owner - Contractor Agreement

AWARDING AUTHORITY:

By executing this Agreement, the undersigned authorized signatory of the Awarding Authority, who incurs no personal liability by reason of the execution hereof or anything herein contained, hereby certifies under the penalties of perjury that all the applicable provisions of M.G.L. c.149, §44J, have been complied with.

Approved as to Form:

General Conditions of the Contract c. 149 Rev. 06/2020 Page 1 of 83

STANDARD VERTICAL CONSTRUCTION CONTRACT

For Projects over $150,000 Subject to M.G.L. c. 149, §§ 44A-F

GENERAL CONDITIONS OF THE CONTRACT

TABLE OF CONTENTS

ARTICLE I: DEFINITION OF TERMS 6

ARTICLE II: EXECUTION OF THE CONTRACT, SCOPE OF

WORK, INTERPRETATION OF CONTRACT

DOCUMENTS

1. Execution……………………………………………….. 9

2. Scope of Work…………………………..………………. 9

3. Interpretation……………………………………………. 9

4. Distribution of Work……………………………………. 10

ARTICLE III: CONTROL OF WORK / ADMINISTRATION OF THE

CONTRACT

1. Designer………………………………………………… 11

2. Right of Access to Work……………………………….. 11

3. Inspection No Waiver………………………………….. 11

ARTICLE IV: GENERAL PERFORMANCE OBLIGATIONS OF THE

CONTRACTOR

1. Review of Contract Documents and Field Conditions……. 12

2. Supervision and Construction Procedures; Coordination;

Cutting, and Patching…………………..………………… 12

3. Superintendent…………………………………………….. 13

4. Labor……………………………………………………… 14

5. Notices and Permits……………………………………..… 14

6. Lines, Marks Etc. ………………………………………… 15

7. Excavation………………………………………………… 15

8. Dewatering/Hoisting/Staging…………………………….. 15

9. Corrections to The Work; Inspection No Bar to

Subsequent Corrections…………………………………… 15

10. Sanitary Facilities……………………………………….… 16

11. Temporary Offices……………………………………….. 16

12. Contract Documents and Samples at the Site…………….. 16

13. Telephones, Data Lines, and Wi-Fi……………………..… 17

General Conditions of the Contract c. 149 Rev. 06/2020 Page 2 of 83

14. Health, Safety, and Accident Prevention……………….… 17

15. Debris and Chemical Waste……………………………..… 20

16. Weather Protection (M.G.L. c. 149, §§ 44F(1) and 44G) 20

17. Furnishings and Equipment………………………………. 21

18. Form for Subcontract…………………………………….. 21

19. Sales Tax Exemption and Other Taxes…………………… 21

20. Final Cleaning……………………………………………. 21

21. Maintenance Data…………………………………………. 22

22. Closeout Procedures………………………………………. 22

23. Risk of Loss………………………………………………. 22

24. LEED Requirements………………………………………. 22

25. Electronic Project Management System……………….…. 23

26. Drugs/Alcohol…………………………………………….. 23

ARTICLE V: MATERIALS AND EQUIPMENT 23

1. Materials Generally………………………………………. 23

2. Shop Drawings, Product Data, and Samples…………..… 23

3. Tests……………………………………………………… 25

4. "Or Equal" Submissions………………………………….. 25

5. Delivery and Storage of Materials; Inspection…………… 26

6. Defective, Damaged, or Deteriorated Materials and

Rejection Thereof………………………………………… 28

ARTICLE VI: PROSECUTION AND PROGRESS 28

1. Beginning, Progress Schedule, and Completion of

Work………………………………………………………. 28

2. Failure To Complete Work On Time - Liquidated

Damages………………………………………………….. 30

3. Delays; Statutory Provisions (M.G.L. c. 30, § 39O) …..… 31

4. Use and Occupancy Prior to Final Acceptance…………… 32

5. Certificate of Substantial Completion…………………..… 32

6. Final Acceptance of the Work…………………………..… 34

7. One Year Warranty Repair List and Inspection…………... 35

ARTICLE VII: CHANGES IN THE WORK 35

1. Change Orders Generally…………………………………. 35

2. Methods of Computing Equitable Adjustments………….. 36

3. Work Performed under Protest…………………………… 38

4. False Claims, Statutory Provisions Regarding Changes….. 39

5. Mandatory Mediation…………………………………….. 41

ARTICLE VIII: PAYMENT PROVISIONS 41

1. Schedule of Values………………………………………... 41

2. Payment Liabilities of the Contractor…………………..… 42

3. Retention of Moneys by Awarding Authority………….… 42

4. Applications for Payment…………………………………. 43

5. Periodic Payments (M.G. L. c. 30, § 39K) ……………..… 44

6. Payment of Subcontractors (M.G.L. c. 30, § 39F) …….… 46

7. Contracts For Public Works governed by M.G.L. c. 30, §39G………………………………………………………. 49

8. Final Payment; Release of Claims by Contractor………… 52

General Conditions of the Contract c. 149 Rev. 06/2020 Page 3 of 83

ARTICLE IX: GUARANTEES AND WARRANTIES 52

1. General Warranty……………………………………….…. 52

2. Special Guarantees and Warrantees……………………….. 53

ARTICLE X: MISCELLANEOUS LEGAL REQUIREMENTS 53

1. Contractor to Be Informed……………………………….. 53

2. Compliance with All Laws……………………………….. 53

ARTICLE XI: CONTRACTOR'S ACCOUNTING METHOD

REQUIREMENTS (M.G.L. c. 30, § 39R)

1. Definitions………………………………………………… 59

2. Record Keeping…………………………………………… 59

3. Statement of Management Controls……………………..… 60

4. Annual Financial Statement……………………………..… 60

5. Bid Pricing Materials…………………………………….. 60

ARTICLE XII: EQUAL EMPLOYMENT OPPORTUNITY, NON-

DISCRIMINATION AND AFFIRMATIVE ACTION

PROGRAM [EXECUTIVE ORDERS 524 & 565] (See Appendix A)

ARTICLE XIII: GOALS FOR PARTICIPATION BY MINORITY

BUSINESS ENTERPRISES AND WOMEN BUSINESS

ENTERPRISES [M.G.L. C. 7C, § 6 & EXECUTIVE

ORDERS 524 & 565] (See Appendix B)

ARTICLE XIV: INSURANCE REQUIREMENTS 61

1. Insurance Generally……………………………………….. 61

2. Contractor's Commercial General Liability……………….. 62

3. Automobile Liability………………………………………. 63

4. Contractor’s Pollution Liability…………………………… 63

5. Worker's Compensation…………………………………… 64

6. Builder's Risk/ Installation Floater/ Stored Materials….….. 64

7. Umbrella Coverage……………………………………….. 65

8. Additional Types of Insurance ……………………………. 65

ARTICLE XV: INDEMNIFICATION 66

1. Generally………………………………………………….. 66

2. Designer’s Actions………………………………………... 66

3. Survival…………………………………………………… 66

ARTICLE XVI: PERFORMANCE AND PAYMENT BONDS 67

1. Contractor Bonds………………………………………….. 67

2. Subcontractor Bonds………………………………………. 67

ARTICLE XVII: TERMINATION OF THE CONTRACT 68

1. Termination for Cause…………………………………..… 68

2. Termination for Convenience……………………………... 69

3. Contractor’s Duties upon Termination for Convenience…. 70

ARTICLE XVIII: MISCELLANEOUS PROVISIONS 70

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1. No Assignment by Contractor…………………………...… 70

2. Non-Appropriation………………………………………... 70

3. Claims by Others Not Valid……………………………..… 71

4. No Personal Liability by Public Officials…………………. 71

5. Severability………………………………………………... 71

6. Choice of Laws…………………………………………… 71

7. Standard Forms……………………………………………. 71

8. No Waiver of Subsequent Breach…………………………. 71

9. Remedies Cumulative……………………………………... 71

10. Notices…………………………………………………….. 72

11. Additional Information………………………………….… 72

12. Information Confidential………………………………..… 72

13. Consequential Damages………………………………….. 73

14. Conflict of Interest……………………………………….. 73

15. Sexual Harassment and Workplace Violence Prevention… 73

APPENDICES

APPENDIX A EQUAL EMPLOYMENT OPPORTUNITY, NON-

DISCRIMINATION AND AFFIRMATIVE ACTION

PROGRAM

1. Compliance Generally……………………………………… 75

2. Non-Discrimination and Affirmative Action…………….…. 75

3. Liaison Committee, Reports and Records…………….…. 76

4. Sanctions………………………………………………… 77

APPENDIX B GOALS FOR PARTICIPATION BY MINORITY

BUSINESS ENTERPRISES AND WOMEN BUSINESS

ENTERPRISES

1. Goals……………………………………………………… 79

2. MBE/WBE Participation Credit………………………...… 79

3. Establishing MBE/WBE Status…………………………… 80

4. Subcontractors With MBE/WBEs………………………… 80

5. Performance of Contract Work by MBE/WBEs………… 80

6. Notification of Changes in MBE/WBE Work…………… 80

7. Actions Required If There Is A Reduction in MBE/WBE

Participation………………………………..…………… 81

8. Suspension of Payment and/or Performance for

Noncompliance…………………………………………… 82

9. Liquidated Damages; Termination………………………... 82

10. Reporting Requirements………………………………..… 83

11. Awarding Authority’s Right to Waive Provision of this

Article……………………………………………………. 83

APPENDIX C

COMMONLY USED FORMS

• Form of Subcontract – MGL c.149, § 44F

• DCAMM Instructions and Procedure for Payment for Construction

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Contractors, including sample Schedule of Values

• Instructions Regarding Change Orders, Contract Modifications and

Equitable Adjustments (DCAMM Form 13)

• Request for Approval of Wages and Rates for Change Order

Pricing(DCAMM Form 14)

• Format for Submission of Change Order (DCAMM Form 15-1 and 15-

2)

• Request and Agreement for a Change in the Plans, Specifications and/or Contract (DCAMM Form 5)

• Daily Time and Material Report

• Form for Transfer of Title (Work Not Incorporated, DCAMM Form

16)

• Weekly Payroll Report Form and Statement of Compliance (sample)

• Quarterly Projected Workforce Table (sample)

• Veteran and Service Disabled Veteran-Owned Business Enterprise

(VBE/SDVOBE) Participation Form

• Certificate of Substantial Completion (E-1)

• Certificate of Final Inspection, Release and Acceptance (E-2)

END OF TABLE OF CONTENTS.

REMAINDER OF PAGE INTENTIONALLY BLANK.

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ARTICLE I

DEFINITION OF TERMS

Other terms, abbreviations and references are defined as they appear herein. Words and abbreviations that are not defined in the Contract Documents but which have recognized technical or trade meanings are used in accordance with those meanings.

The following words shall have the following meanings as used in this Contract:

Approval (or Approved): An approval in writing signed by the authorized signatory of the Awarding Authority.

Awarding Authority: The public agency awarding and administering this Contract identified as the Awarding Authority in the Contract. Where the Awarding Authority is an agency of the Commonwealth, references to the Awarding Authority shall also include the Commonwealth and its agencies.

Building Code: All applicable rules and regulations to which the Awarding Authority is subject and which are contained or referenced in the code authorized by M.G.L. c. 143, § 93 et seq., including all amendments thereto.

Certificate of Substantial Completion: A certificate signed by the Designer and the Awarding Authority pursuant to the requirements of Article VI of these General Conditions, indicating that the Awarding Authority has determined that (1) the Work has been completed in accordance with the Contract Documents, except for Punch List items,

(2) certificates of inspection, testing and/or approval (including a certificate of occupancy under the Building Code), operating permits for any mechanical apparatus which may be required to permit full use and occupancy of the Work by its intended users (which in a Subcontractor's case may include the Contractor) have been delivered to the Awarding Authority, (3) any applicable written warranties, operating instructions and related materials have been delivered to the Awarding Authority, and (4) the Work may be used for its intended purpose without substantial inconvenience or interference.

Change Order: (1) A written order not requiring the consent of the Contractor, signed by an authorized representative of the Awarding Authority and designated as a Change Order, directing the Contractor to make changes in the Work within the general scope of the Contract, or (2) any written order from an authorized representative of the Awarding Authority that causes any change in the Work, provided that the Contractor has given the Awarding Authority written notice stating the date, circumstances, and source of the order and that the Contractor regards the order as a Change Order.

Change Order Request: Contractor’s written request for a Change Order submitted in accordance with the requirements of Article VII of these General Conditions.

Contract: The Owner - Contractor Agreement executed between the Awarding Authority and the Contractor.

Contract Documents: The documents listed in Article 6 of the Contract.

Contract Modification: Any alteration of the Contract Documents accomplished by a written agreement properly executed by the parties to this Contract.

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Contract Price: The Contract Price stated in Article 3 of the Contract which constitutes full compensation to the Contractor for everything to be performed and furnished in connection with the Work and for all damages arising out of the performance of the Work for which the Contractor is responsible, and constitutes the maximum compensation regardless of any difficulty incurred by the Contractor in connection with the Work or in consequence of any suspension or discontinuance of the Work.

Contractor: The person, corporation or other entity identified in the first page of the Contract as the “Contractor”.

DCAMM: The Division of Capital Asset Management and Maintenance of the Commonwealth of Massachusetts. Where DCAMM is an agency of the Commonwealth, references to DCAMM shall also include the Commonwealth and its agencies.

Designer: The architect or engineer identified as the Designer in Article 1 of the Contract.

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 elevations, sections, details, schedules, and diagrams.

Final Acceptance: The written determination by the Awarding Authority that the Work has been 100% completed, except for the Contractor's indemnification obligations, warranty obligations, obligations to continue to maintain insurance coverage for the time periods provided in the Contract Documents, and any other obligations which are intended to survive Final Acceptance and/or the termination of the Contract.

General Bid: The completed bid form submitted by the Contractor in accordance with the requirements of M.G.L. c. 149.

Laws: All applicable statutes, regulations, ordinances, codes, laws, orders, decrees, approvals, certificates and requirements of governmental and quasi-governmental authorities.

Notice to Proceed: The written notice provided by the Awarding Authority to the Contractor which authorizes the Contractor to commence the Work as of a date specified therein, from which date the time of completion specified in Article 2 of the Contract is measured.

Or equal (or words of like import): Equal in the opinion of the Awarding Authority determined pursuant to the provisions of M.G.L. c.30, § 39M and the provisions of these General Conditions.

Owner: The Commonwealth of Massachusetts or political subdivision thereof, authority, or other instrumentality that will own the Work.

Product Data: Illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor or its Subcontractors and suppliers to illustrate materials or equipment for some portion of the Work. Product data also include any such information or instructions produced by the

General Conditions of the Contract c. 149 Rev. 06/2020 Page 8 of 83 manufacturer or distributor of such materials or equipment and made readily available by said manufacturer or distributor.

Progress Schedule: The progress schedule submitted by the Contractor Approved by the Awarding Authority in accordance with the Contract Documents.

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.

Punch List: A list of items determined by the Awarding Authority to be minor incomplete or unsatisfactory work items that do not materially impair the usefulness of the Work for its intended purpose.

Resident Engineer: The on-Site representative of the Awarding Authority.

Samples: Physical examples, that illustrate materials, equipment, or workmanship and establish standards by which the Work will be judged.

Schedule of Values: The schedule Approved by the Awarding Authority pursuant to Article VIII of these General Conditions which allocates the Contract Price to the various portions of the Work and is used as a basis for payments to the Contractor.

Shop Drawings: Drawings, diagrams, details, schedules, and other data specially prepared for the Work by the Contractor or a Subcontractor, sub-Subcontractor, manufacturer, supplier, or distributor to illustrate a portion of the Work.

Site: The land and, if any, building(s) or space within any such building(s) on which or in which the Contractor is to perform the Work.

Specifications: The 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, including, without limitation, supplementary general conditions.

Subcontractor: Person or entity with whom the Contractor contracts in accordance with this Contract in order to perform the Work, except as otherwise specifically provided or required herein or by Law.

Substantial Completion: For work subject to M.G.L. c. 30, § 39K, "substantial completion" means that the value of the Work remaining to be done is, in the estimate of the Awarding Authority, less than one percent of the adjusted contract price and shall occur when (1) the Contractor fully completes the Work or substantially completes the Work, or (2) the Contractor substantially completes the work and the Awarding Authority takes possession for occupancy, whichever occurs first. For work subject to M.G.L. c. 30, § 39G "substantial completion" shall mean that the work required by the Contract has been fully completed, completed except for work having a Contract Price of less than one percent of the then adjusted total Contract Price, or substantially all of the Work has been completed and opened to public use except for minor incomplete or unsatisfactory work items that do not materially impair the usefulness of the Work.

Superintendent: The licensed construction supervisor who is an employee of the Contractor designated to be in full-time attendance at the Site throughout the

General Conditions of the Contract c. 149 Rev. 06/2020 Page 9 of 83 prosecution and progress of the Work and who shall have complete authority to act for the Contractor.

User Agency: The department, county, commission, board, agency or other instrumentality of the Commonwealth of Massachusetts or political subdivision thereof which operates, or which will operate, the facility at which the Work is undertaken or which comprises the completed Work.

Work: The Work consists of all the work identified in the Contract Documents, including, without limitation, as defined in Article 1 of the Contract and Article II, Section 2 of these General Conditions. The Work comprises the completed construction required by the Contract Documents and includes all labor, tools, materials supplies, equipment, permits and approvals, paperwork, calculations, submittals, and certificates necessary to develop, construct, and complete the Work in accordance with all Laws and all construction and other services required to be supervised, overseen, performed, or furnished by the Contractor or that the Contract Documents require the Contractor to cause to be supervised, overseen, performed or furnished.

ARTICLE II

EXECUTION OF THE CONTRACT, SCOPE OF WORK,

INTERPRETATION OF CONTRACT DOCUMENTS

1. Execution.

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

2. Scope of Work.

The Work comprises the completed construction required by the Contract Documents and includes all labor, tools, materials, supplies, equipment, permits, approvals, paperwork, calculations, submittals, and certificates necessary to develop, construct and complete the Work in accordance with all Laws, and all construction and other services required to be supervised, overseen, performed or furnished by Contractor or that the Contract Documents require the Contractor to cause to be supervised, overseen, performed or furnished. The Contractor shall provide and perform for the Contract Price all of the duties and obligations set forth in the Contract Documents.

3. Interpretation.

A. The Drawings and Specifications and other Contract Documents are to be considered together and are intended to be mutually complementary, so that any work shown on the Drawings though not specified in the Specifications, and any work specified in the Specifications though not shown on the Drawings, is to be executed by the Contractor as a part of this Contract. Should a conflict occur in or between or among any parts of the Contract Documents that are entitled to equal preference, the better quality or greater quantity shall govern, unless the Awarding Authority directs otherwise. Figured dimensions shall take precedence over scaled dimensions.

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B. All things that in the opinion of the Designer may be reasonably inferred from the Drawings, Specifications and other Contract Documents are to be executed by the Contractor. The Designer shall determine whether the detail Drawings conform to the general Drawings and Contract Documents, except as may be otherwise determined by the Awarding Authority.

C. The tables of contents, titles, headings and marginal notes or sub-scripts contained herein are solely to facilitate references, are not intended to be construed as provisions of the Contract, and in no way affect the interpretation of the provisions to which they refer.

D. Where reference is made in the Contract Documents to publications, standards, or codes issued by associations or societies, such reference shall be interpreted to mean the current edition of such publications, standards, or codes, including revisions in effect on the date of the issuance of the public notice inviting bids or proposals for the Work, notwithstanding any reference to a particular date. The foregoing sentence shall not apply to the dates, if any, specified with respect to insurance policy endorsement forms.

E. In case of any conflict among the Contract Documents, unless…