UNIVERSITY OF MASSACHUSETTS AMHERST Request for Proposals: Comprehensive Campus Energy Master Plan REP AA14-PR-4872 October 24,2013 SUBMITTED BY THE AMHERST PROCUREMENT DEPARTMENT SPONSORED BY THE PHYSICAL PLANT DIVISION I. NOTICE OF REQUEST FOR PROPOSALS The University of Massachusetts at Amherst (LIMA) is soliciting proposals from qualified firms (Consultant) for planning and consulting services for the development of a comprehensive campus Energy Master Plan. It should be noted that it is the intent of the University to bid this project in compliance with Massachusetts General Law Chapter 30, Section 3 9M. The Project will have the following participation goals for minority business enterprises (MBE) and women business enterprises (WBE): Design: Combined MBEIWBE participation goal 17.9% Applications from MBE and WBE firms as prime consultant are encouraged. Applicants are strongly encouraged to utilize multiple disciplines and finns to meet their MBE/WBE goals. Consultants to the prime can team within theft disciplines in order to meet the MBEIWBE goals, but must state theft relationship on the organization chart. Proposals shall be received no later than 2:00 PM on Friday, December 6. 2013. Proposals shall be addressed and delivered to: University of Massachusetts Amherst Procurement Department Room 407 Goodell Building 140 Hicks Way Amherst, MA 01003-9334 Attention REP AA14-PR-4872 Each proposal shall clearly identify the respondent’s name and business address. One original. clearly marked as such, and five (5’) copies of each bid shall be submitted to the University. Please print the following in the lower left hand corner of all envelopes and/or packaging: RFP AA14-PR-4872: Planning and Consulting Services for the development of a comprehensive campus Energy Master Plan Proposal Submission Deadline: Friday, December 06, 2013, 2:00 PM. The University reserves the right to reject any or all proposals submitted in response to this Request for Proposals (“REP”) and to take any other action the Authority may deem to be in its best interest. Proposals delivered late or to another location will be rejected and filed unopened in the Procurement file. Request for Proposals Page 1 of 23 Energy Master Plan II. BACKGROUND AND PURPOSE OF THE ENERGY MASTER PLAN Goal of Energy Master Plan: To develop a plan for the reliable delivery of energy at University of Massachusetts Amherst over the next 30 years and to define and prioritize categories of projects to achieve the most transformative effect on current and future energy consumption at the UMA Amherst campus at the minimum cost and with the highest measure of greenhouse gas emission reduction. The University of Massachusetts Amherst (UMA) recently completed a 5 year 1.2 billion dollar building and deferred maintenance program and is in the midst of another significant campus construction cycle. By 2020, the University is on track to add an additional 2 million gross square feet (GSF) of buildings to campus serving an additional 3,000 students and 800 faculty/staff than it had in 2010. This growth includes high tech classrooms and lab space that require additional and even more reliable energy to successfully operate, representing a challenge to our capacity to both produce and purchase enough energy. Part of the investment in the campus has been for both energy production (construction of a new combined heat and power plant completed in 2008), and energy conservation measures (ECM), (part of our renovation and deferred maintenance program). UMA prides itself on our sustainability efforts and has been recognized as a leader in the field, recently receiving a Gold Sustainability Tracking Assessment Rating System (STARS) rating from the Association for the Advancement of Sustainability in Higher Education (AASHE) and getting the 2011 Combined Heat and Power Energy Star Award from the federal Environmental Protection Agency, among other awards. However, while JiMA has put a lot of successfUl efforts into energy conservation and efficient power production, we know that with the additional campus growth, we will soon lose our N+l capacity. UMA knows that it needs to both increase our production of energy and improve our distribution of energy in addition to our ever expanding conservation measures. Not only does UMA desire to do it in the most sustainable (environmentally, economically, technically) manner possible, but we are also mandated by the Governor’s Executive Order 484 “Leading by Example” to reduce greenhouse gas emissions (GHG) by 40% by 2020 and move towards carbon neutrality by 2050 as required by the American College & University Presidential Climate Commitment (ACUPCC). Therefore, we are requesting proposals to do a comprehensive campus Energy Master Plan. III. OVERVIEW OF CAMPUS ENERGY TODAY Central Heating Plant Overview The new Central Heating Plant (CHP) was completed in 2008 and replaced a coal fired heating plant dating back to 1918. The total electrical generating capability of the CHP is 16.5 MW, which is close to the campus’ current peak of 20 MW. On most days 8-10 MW of power are produced with an increase closer to capacity in the winter months when there is more demand for steam. Winter time peak steam requirements for the campus currently is 380,000 lb.Ihr., which can almost be met with the HRSG and two packaged boilers in service. The third packaged boiler is used in hot standby to ensure N+1 continuity of steam supply should one of the other units be forced out of service. The building has an additional bay that allows for the future Request for Proposals Page 2 of 23 Energy Master Plan installation of yet another packaged boiler or another co-gen turbine when that becomes necessary. Which technology to use is one of the ma] or questions we want answered through this process. Energy Fuel Sources (oil, gas, liquid natural gas, propane, etc.) The gas turbine in the CHP is duel fuel for reliability and redundancy reasons. A tank farm located behind the CHP under a similar roof to make it all look like one building, allows for the storage of 460,000 gallons of fuel oil on-site for emergency use. Natural gas is provided via a pipeline from Berkshire Gas Company. Unfortunately, due to supply limitations at Berkshire Gas Company, there are 360 hours a year between November l’~ and April 1g when UMA’s supply can be shut off. To deal with this gas supply issue, UMA recently installed a temporary Liquid Natural Gas (LNG) depot to provide gas during these supply interruptions that provides about a 24 hour supply. UMA is considering building a larger permanent LNG facility that would allow storage of a 40,000 gallon tank (with the potential to add an additional 40,000 gal. tank) that would provide several days of supply. Electricity co-generation, purchase and distribution The majority of the Universities electrical power needs are provided by the combined heat and power plant described above. In the recent past, the CHP provided up to 80% of peak power needs. However, that number has slipped recently to about 70% of peak power need, requiring the University to purchase more power from Western Mass Electric Company (WMECO). Electricity is fed to the campus at 13.8 kV from the CHP via eight feeders to load centers throughout campus, including a 2.4 kV load center located in the Steam and Condensate Building (SCB). The West Side Substation located in the CHP can also be fed by a 13.8 kV hookup to the WMECO grid. Another substation located on the other side of campus near the water towers (the East Side Substation) also has a 13.8 kV connection to WMECO, but the source of its power is a different utility transmission line. This allows electricity to be fed into the campus from either direction Steam generation and distribution The steam load for campus is produced at the CHP described above. The total capacity to produce steam at the CHP is 450,000 lbs/hr. Recent peak loads have been running around 380,000 lbs./hr. The steam sendout is at two pressures: 200-psig and 25- psig. At the SCB, the steam is reduced from 200-spig to 85-spig and from 25-spig to 17-spig via PRy’s and distributed to the campus via seven independent networks representing 27 miles of pipes. Of the 27 miles of lines, 30,000 feet of lines have been installed since 2000, and only 6,000 feet of lines installed before 1960 remain in the system. Condensate returns from the campus steam networks and is collected in a tank served by a fourpump manifold and returned via a 6” line to the CHP facility where it is recycled and reused. In another example of water conservation, UMA has installed a makeup treatment plant to recycle effluent from the nearby Amherst municipal wastewater treatment plant. The CHP uses about 200,000 gallons per day of recycled water for boiler and cooling tower use, conserving potable water supplies and reducing the cost of makeup. Request for Proposals Page 3 of 23 Energy Master Plan Chilled water generation and district systems Historically the University primarily used steam absorbers as a means of providing cooling for buildings. However, more recently the campus has been moving toward using more electric powered chilled water systems to feed buildings. The current trend toward building regional chilled water systems that provide location and maintenance efficiency through the construction of a larger chiller plant that serves multiple buildings, began with the construction of the Conte Polymer Research Center in 1995. A chilled water plant was then constructed northwest of the Engineering Laboratory TI which was later constructed in 2004 and also connected to this regional chilled water system. This past year piping was laid to other buildings located around the Engineering Quad and stubbed off for connection later. As part of the construction of the Integrated Science Building (ISB) and the Studio Arts Building, both completed in 2008, a large chilled water plant was constructed on Thatcher Road adjacent to the ISB and pipes laid in Stockbridge Road to connect the Studio Arts Building, the Morrill buildings, and the renovated Skinner Hall. There are plans to add additional buildings to each of these chiller plants, however upgrades or expansions will need to be considered soon to accommodate these additional loads. A third regional chilled water system is located in Herter Hall that currently serves Herter, Whitmore and the Fine Arts Center. IV. FUTURE CHALLENGES/OPPORTUNITIES iN THE CONTEXT OF THE CAMPUS MASTER PLAN Overview of Campus Master Plan In April of 2012 the University of Massachusetts Amherst adopted a Campus Master Plan that provides the vision and framework for a long term view of the institution’s growth for the next 50 years (http://www.UMA.edu/cp/MPFinal.pdf). While the Campus Master Plan illustrates the ability to accommodate growth over the long term, it also addresses many of the near term physical needs to become the best public university in the country. Over the next 10 years or so, UMA is planning to expand from a total of the 10.8 million GSF that it had in 2010, to around 12.5 million GSF. It is anticipated that student population will rise from 24,300 to about 27,700. Faculty and Staff numbers will grow from 8,000 to around 8,800. In addition to accommodating this growth and providing the necessary energy to operate the physical plant, the University desires to continue to reduce our GHG emissions and become a model for energy efficiency and sustainable development. This necessitates a very holistic and comprehensive evaluation of our energy profile on campus. Major Capital Improvement Projects - 10—20 year nlan The following is a list of buildings that have come on line since 2010 as part of the previous Capital Plan: Minuteman Marching Band Building —2011, LEED Gold, 21,424 GSF Request for Proposals Page 4 of 23 Energy Master Plan UMA Police Station —2011, hEED Gold, 27,250 GSF Research & Education Greenhouse —2011, LEED Gold, 16,085 GSF Ltfe Sciences Laboratories —2013, LEED registered for Gold, 305,000 GSF Commonwealth Honors College Res. Complex 2013, GSF LEED registered for Silver, — 512,000 GSF The following is a list of new buildings that are under construction, in planning or design as part of the previous and current Capital Plans: NewAcademic Classroom Building— 2014, 173,000 GSF McGuirk Stadium Training Facilities and Press Box —2014, 51,000 GSF Champions Center —2014, 55,000 GSF Ljfe Sciences Laboratory shell space fIt out— 2014 Integrated Design Building— 2015, approx. 50,000 GSF South College Academic Facility —2015, approx. 84,000 GSF Physical Sciences Building —2016, approx. 97,000 GSF Isenburg School ofManagement addition —2016, approx. 63,000 GSF Ltfe Sciences Laboratory III— 2017, approx. 148,000 GSF For a list of existing buildings on campus with their construction date, GSF and number of floors, see Appendix B. Campus Sustainability The University of Massachusetts Amherst recognizes their responsibility to be leaders in sustainable development for the community, state and nation. Imparting knowledge of sustainability is essential in achieving its campus wide mission to produce well educated citizens. In order to reach and maintain this objective, the Campus Sustainability Initiative was created (http://www.umass.edufsustainability/). Consisting of the Chancellor’s Sustainability Committee, the Sustainability Manager, the Eco-Rep Program, and the Student Fellowship Program, the Initiative works to inform, educate and promote sustainable practices to the campus community. A collaborative effort between students, staff, faculty and administrators allows numerous projects and sustainable changes to be implemented. The large involvement of student participation in these efforts has integrated sustainability into the fabric of the academic mission of the University. The Campus Sustainability Initiative consists of a wide variety and types of programs that has led UMA to receive a Gold rating under the Sustainability Tracking Assessment Rating System (STARS) administered by the Association for the Advancement of Sustainability (AASHE). The many programs fall under the following categories relevant to campus operations. Sustainable UMA also works across the curriculum and with many departments on campus to engage the community in sustainability education and initiatives: Request for Proposals Page 5 of 23 Energy Master Plan Capital Construction The University has declared that all new buildings must reach a minimum of LEED Silver certification. Sustainability has been integrated into our design and development standards and throughout all of our planning and construction processes. — Energy and Water Conservation Central Heating Plant, E+ Program, Energy Audits of buildings, Energy Dashboard Program, LED bulb replacement program, low flow water fixtures, reclaimed water use. Example: An energy performance contract with Johnson Controls Inc. has reduced thermal and electrical demand by 25%, thereby eliminating the need for one fired boiler included in the design of the CHP. — Green Building Campus Sustainability Explorer (on-line GIS app.), Continuous Commissioning, GBC Lecture Series, Green Building Guidelines, Green Cleaning, LEED EBOM Pilot Project Multi-Building Comparative Analysis — Recycling and Waste Reduction Composting, Electronic Waste Recycling, EPA’s Game Day Challenge, Single Stream Recycling, Sustainable Move-In & Move-Out, UMA Amherst Transfer Station — Renewable Energy Solar Array at UMA Research Farm, UMA Wind Energy Center, Visitor’s Center Solar Canopy — Transportation Bicycle Friendly University, Bike Share Program, NuRide Rewards Program, WeCar and Zip Car Sharing Programs — Green Office Program Over 40 offices are participating in the program to reduce energy and waste and to create a more sustainable work environment on campus — Expansion of CHP capacity The Central Heating Plant contains an unused bay provided for expansion of its capacity. Two of the most critical questions that need to be answered by this Energy Master Plan are 1) When will the University need the additional capacity within the CHP, and 2) What is the most ideal technology configuration to use for that expansion. Other options for expansion of our CHP should also be explored within the context of the potential for campus growth. Electrical Substation In September 2013 the University put out an RFP for design and construction administration services for the site development for a 115 kVll3.8 kV, 100 MVA, the electrical design of the 13.8 kV output end of the electrical substation, installation of concrete encased electrical duct bank from the new substation site to the East Electrical Substation, and the installation of high voltage electrical cable from the new substation through the East Electrical Substation to the Request for Proposals Page 6 of 23 Energy Master Plan West Electrical Substation which is located at the CHP. To that end, the University has entered into an agreement with the Western Massachusetts Electrical Company (WMECO) to upgrade sections of its transmission system and to provide and install the 115 kV side of the substation. The Energy Master Plan must explore all of the implications that this new electric substation has on UMA’ s ability to purchase as well as to produce and distribute power. Renewable energy generation challenges and opportunities The University is very interested in exploring opportunities for developing renewable energy sources as well as fully understanding the challenges that they pose. One particular research project that promises to provide a significant new source of renewable energy is the solar array at the UMA Research Farm. In addition to conducting research on agronomic and bioenergy crops, organic agriculture and pasture, since 2010 it has also been home to a 106 panel, photo voltaic project. The project examines and documents the results of implementing ground-mounted solar energy technology on farm land while simultaneously producing a crop. It also is designed to produce an electric power source to offset power usage at the research farm. And finally, the project will demonstrate how this type of PV can be implemented by a farm cost effectively. The university is currently in the process of “scaling up” this experiment and installing a field of approximately 8,100 PV panels to produce 2.4 kilowatts of electricity on its Hadley Farm that sits adjacent to the main campus. The UMA Antherst Sustainability Manager has outlined three specific on-she solar energy opportunities for campus, including parking lot solar canopies, roof mounted systems, and ground systems. The campus is most interested in pursuing parking lot canopies due to the expansive amount of property available and the desire not to compromise open green space in order to produce renewable energy. There is also interest by the Massachusetts DEP to locate an Anaerobic Digestion facility on or near the campus for capturing renewable biogas for use on campus in order to help contribute to our emissions reduction and renewable energy goals. The Energy Master Plan must explore the potential for integrating renewable energy sources into its energy profile. V. GENERAL SCOPE OF SERVICES The following outline is intended only to provide bidders with a general idea of the scope of the Energy Master Plan project. It is not meant to be an exclusive list of elements of the process, but instead used as a guideline for the components that the University thinlcs important to include. Proponents should use theft own experience and expertise to draft a proposed scope of services that they think will provide the answers to the questions the University is seeking. It should be noted that the University has already invested a considerable amount of time and energy into developing a wide range of elements of energy planning and there is extensive documentatioh of our efforts. The University is looking for experts in the field to review our work, tie it all together and let us know what we’re missing and tell us how to put it all together in a comprehensive campus Energy Master Plan. Request for Proposals Page 7 of 23 Energy Master Plan Scope of Work Work plan development Meetings with Stakeholders Review of UMA Documentation Gap Analysis of required investigations Communications plan including UMA Amherst, local communities, utility providers, etc. Schedule of tasks, milestones and communication Deliverable: a workplan outlining tasks, schedule ofmeetings, milestones and deliverables Discovery Meetings with Stakeholders Inventory Existing Data Fuel and Energy sources, Characteristics, Cost, Consumption and C02 Emissions Past and current building benchmarking efforts MEPA ExENF filing and GHG Emissions data Electrical System Study Water, Sewer, Stormwater Study Steam and Condensate system condition data (infrared studies) Sustainability efforts and past Energy/Water Conservation actions etc. Review Current Capital Plan, Campus Master Plan to develop future growth estimates, buildings proposed to develop future demand analysis Energy audit and benchmarking building EUI Economics of existing energy delivery Deliverables: Overview ofexisting conditions andproblem definition Analysis Demand Analysis Develop a list of energy demand requirements Develop an energy reliability strategy ClIP Analysis Evaluate the expansion capacity of the existing CHP and review technology options for the installation of a new boiler Energy Production Analysis CHP Improvements (unused bay, expansion, fuels) Electricity procurement and distribution methods Solar Energy (Electricity Production, Space Heating, Hot Water) Geothermal (Heating and Cooling, Energy Storage) Biof’uels (Anaerobic digestion, Biomass, others) Fuel Cell technology Wind (evaluate wind potential of UMA properties) Others Energy Distribution Analysis Develop a list of challenges and opportunities related to energy distribution (how will the new substation effect the equation) Energy Conservation Analysis Develop a list of potential energy conservation measures (ECM) that might be achieved through an in-house retro commissioning process or in collaboration with ESCOs and other partners Economic Analysis Request for Proposals Page 8 of 23 Energy Master Plan Analyze current and future trends in fuel costs Analyze site capacity for development of renewable energy sources and describe current and future economic potential and financing options Analyze existing electrical grid configuration and future trends in energy production and distribution Develop a summary of costs/savings of production, conservation, storage, peak demand, off demand, and articulate energy economic strategies GHG Emissions Analysis Analyze opportunities for reductions in GHG emissions related to fuel type, adoption of new technologies, energy conservation measures and levels of centralized or distributed delivery Future energy market, technology and grid distribution considerations Carbon credits Development of alternatives (technical, economics and financing, prioritization. phasing) Meetings with Stakeholders Establish a framework of metrics for evaluating alternatives and prioritizing projects in terms of their economic benefits, reliability, greenhouse gas emissions reduction potential and other Propose a rational and replicable methodology for monitoring the progress of energy use of campus facilities and a separate process for monitoring energy use campus wide Develop a prioritized list of energy development projects and ECMs Preferred Solution Development of Energy Plan Consensus development with campus and other partners Production of Final Report and Presentations VI. PROPOSAL SUBMISSION REQUIREMENTS Proposal Submission: One (1) original and five (5) copies of each proposal shall be submitted to the University. The original shall be marked as such and identified and as instructed in T I and ¶ VIII. The proposal must include the following information: Oualifications of the Firm A summary presentation describing the unique qualifications of the firm for this contract. Descriptions of Prime Firm & Subconsultants History and description of firm(s) indicating principal business of firm and complete description of in-house services. Include both the total number of personnel in each discipline and the number of personnel holding professional registration. Project Organization Provide an organizational chart showing the design team, indicating the Prime Consultant and each sub-consultant. Request for Proposals Page 9 of 23 Energy Master Plan For each firm involved, list the Principal-in-Charge, the Project Manager, and other support personnel. For each required discipline, list the key persons that will be assigned to this project. Submit resumes of these key individuals identifying their education and recent experience relevant to the services required for this project. Submittals should also identify team members that will be present locally and be able to respond quickly during the project. Project Experience Provide a list and description of similar project experience for the primary firm and all key designers/planners/engineers that demonstrate the firms’ current qualifications for this project. List experience of key individuals on these projects. Information required should include the following as a minimum: Name of Project Project description with specifics related to project Owner representative, address and telephone number Period of performance Principal or Project Manager in charge Fee Provide a breakdown of fees in substantive detail to allow the University to understand the proposed costs. Your proposal shall include all anticipated sub-consultants that will be utilized for this project, the consultants’ proposals, and the fees for each. Project Schedule It is the intent of the University to complete this planning process in an expeditious manner in order to inform decision making at the earliest possible point within the next 4-6 months. For instance, the University needs to make decisions on what to put into the unused bay of the CHP as soon as possible. So while the entire plan may not be finished, the analysis necessary make this decision should be completed as soon as possible. Please provide a schedule as part of your submission, of sufficient detail that provides the significant project tasks and their duration. Current Client List Provide a list of current clients, a contact person, and their address and telephone number. Include the name of the Project Manager from your firm who is working with this client. A list of lawsuits and arbitrations to which the firm has been or is a party within the last three years, including a list of all convictions or fines for violations of state or federal law. Bidder Affirmation Form Note: An authorized representative of the bidder shall fill out and sign the Bidder Affirthation Form that is attached as Appendix D to this RFP. Insurance The firm shall maintain throughout the duration of the contract an Insurance Policy with coverage limits of not less than those defined in Article 13 of “Other Conditions or Services to the Contract for Services”, which can be found in Appendix A. Request for Proposals Page 10 of 23 Energy Master Plan Additional Information Provide any additional information deemed necessary by the firm to describe any characteristics or qualities beyond what is specified in the submission requirements in order to assist the University in evaluating a specific proposal. This request for proposal does not create any contractual relationship between the University of Massachusetts Amherst and any party. The University reserves the right to accept or reject any or all proposals submitted for this project. VII. EVALUATION CRITERIA The following criteria will be used, at a minimum, in the selection process (the criteria is listed in ranic order of importance): Professional qualifications of the Prime firm. Professional qualifications of the subconsultants. Experience of the Prime firm and the subconsultants in the development of Energy Master Plans. Structure and content of the proposed process and final products. Demonstrated ability of the firm and its consultants to provide planning and consulting services that can meet the University’s need. Breakdown and detail of fee proposal. References from previous/current clients. Additional information as may be provided. The University reserves the right to request clarification of any aspect of any submitted proposal or to request additional information that might be required to evaluate a proposal. In addition, Applicants may be selected for interviews at the sole discretion of the University. VIII. PROPOSAL FORMAT All questions from prospective firms concerning this REP shall be referred to the Associate Director of Procurement, by email or fax only, by 5:00 PM, Monday, November 18, 2013. His contact information is: Peter S. Royer Associate Director, Procurement University of Massachusetts —Amherst Fax: (413) 545-1643 E-mail: proyer@admin.umass.edu Request for Proposals Page 11 of 23 Energy Master Plan Inquiries received after the specified date and time will not be accepted. The University will issue an addendum to all prospective firms as required and deemed necessary by 5:00 PM on Wednesday, November 27, 2013. Proposals shall be received no later than 2:00 PM on Friday, December 6. 2013. Proposals shall be addressed and delivered to: University of Massachusetts Amherst Procurement Department Room 407 Goodell Building 140 Hicks Way Amherst, MA 01003-9334 Attention RFP AA14-PR-4872 Each proposal shall clearly identify the respondent’s name and business address. One original, clearly marked as such, and five (5) copies of each bid shall be submitted to the University. Please print the following in the lower left hand corner of all envelopes and/or packaging: RFP AA14-PR-4872: Planning and Consulting Services for the development of a comprehensive campus Energy Master Plan Proposal Submission Deadline: Friday, December 6, 2013, 2:00 PM. Proposals delivered late or to another location will be rejected and filed unopened in the Procurement file. LX. CONTRACT The selected firm will be required to enter into a standard University Contract for Service~. The successful vendor must sign the standard University Contract for Services and agree to all Terms and Conditions listed. A copy of the University Contract for Services can be viewed at: http://www.UMA.eduiprocurementJFifl-Jn Forms/CFSL RE 060208.pdf This contract shall further reference “Other Conditions or Services to the Contract for Services. A copy of this document is attached for informational purposes as Appendix ‘A’. This REP and the successful consultant response will become part of this contract. Public Information AU bids and related documents submitted in response to this REP are subject to the Massachusetts Freedom of Information Law, M.G.L. Chapter 66, Section 10 and to M.G.L. Chapter 4, Section 7, Subsection 26, regarding public access to such documents. Statements in the bid response that are inconsistent with those statutes will be disregarded. Request for Proposals Page 12 of 23 Energy Master Plan Cost to Submit ~ The University is not responsible for any expenses that may be incurred by any bidder to prepare or submit bids. Alterations to Bids The bidder may not materially alter its bid response after the bids have been opened. Only the Director of Procurement may deem what constitutes a material alteration to a bid. Bidders Exceptions to Contract Terms and Conditions If bidder takes exception to any of the contract terms and conditions contained herein, it must be so noted in the bid. Such an exception may be grounds for rejection of the bid, at the option of the University. Appendix A: Appendix B: Appendix C: Appendix D: Other conditions or services to the contract for services UMA Building List Contract for Services Bidder Affirmation Form END OF REQUEST FOR PROPOSALS Request for Proposals Page 13 of 23 Energy Master Plan 3s-~ ~APPENDIX~B~ ~ B_uildirig Name Arnold House ~ °‘~ an ;45~ S. ~Tptal Usable 4 ..~t,tt4?? ~‘r”~’ Floors r 5 Y~ear Acquired S 1954 -‘ t~ ~i 4~eK~wø ‘?~ Building CIas itW-~ ~rpss~Aret ~,, Academic/Research (Major) 44,353 Baker House 6 1952 Residential 85,799 Brooks House 5 1949 Residential 30,145 Butterfield House 5 1940 Residential 41,934 Chadbourne House 5 1947 Residential 35,802 Berkshire House 4 1948 Admin/Support (Major) 21,958 Hampshire House 4 1948 Admin/Support (Major) 21,634 Middlesex House 4 1948 Academic/Research (Major) 21,727 Crabtree House 5 1953 Residential 33,296 Lincoln Apartments Unit 1 3 1958 Residential 7,815 Lincoln Apartments Unit 2 2 1958 Residential 4,615 Lincoln Apartments Unit 3 2 1958 Residential 5,622 Lincoln Apartments Unit 4 2 1958 Residential 4,520 Lincoln Apartments UnitS 4 1958 Residential 11,333 Lincoln Apartments Unit 6 3 1958 Residential 6,793 Lincoln Apartments Unit 7 2 1958 Residential 4,596 Lincoln Apartments Unit 8 2 1958 Residential 4,509 Lincoln Apartments Unit 9 2 1958 Residential 4,618 Lincoln Apartments Unit 10 2 1958 Residential 5,193 Lincoln Apartments Unit 11 2 1958 Residential 4,656 Greenough House 5 1946 Residential 35,886 Hamlin House 6 1949 Residential 35,474 Knowlton House 5 1949 Residential 34,926 Leach House 5 1953 Residential 33,294 Lewis House 5 1940 Residential 36,400 Mills House 5 1948 Academic/Research (Major) 35,988 Thatcher House 5 1935 Residential 34,342 Van Meter House 7 1957 Residential 98,239 Wheeler House 5 1958 Residential 35,507 Mary Lyon House 5 1959 Residential 36,982 Dwight House 5 1959 Residential 38,300 Johnson House 5 1960 Residential 34,950 Hills House 5 1960 Academic/Research (Major) 102,699 Blaisdell House 4 1969 Academic/Research (Minor) 4,786 Chapcellors House 4 1884 Residential 10,475 Montague House 3 1943 Academic/Research (Minor) 0 Tillson House 3 1926 Academic/Research (Minor) 0 Request for Proposals Page 14 of23 Energy Master Plan Homestead House 4 1867 Stockbridge House 4 1867 Admin/Support (Minor) Admin/Support (Minor) 4,753 4,554 Waiting Station Shelter i 1911 Admin/Support (Minor) 100 MtToby Shed 1 1918 Academic/Research (Minor) 350 MtToby House 1 1918 Academic/Research (Minor) 735 Mt Lincoln Radio Station i 1961 Admin/Support (Minor) 489 Duda Building 1 1918 Academic/Research (Minor) 1,737 Animal Isolation Laboratory 2 1953 Academic/Research (Minor) 3,318 Thayer Animal Disease Laboratory 1 1957 Academic/Research (Minor) 2,854 Apiary Laboratory 3 1911 Academic/Research (Minor) 2,719 Power Plant Boiler House i 1951 Admin/Support (Minor) 0 Power Plant Boiler House Addition 1 1959 Admin/Support (Major) 0 Bowditch Lodge 2 1937 Admin/Support (Minor) 4,268 Army ROTC Building i 1959 Academic/Research (Minor) 3,533 Chapel 6 1885 Academic/Research (Major) 20,758 Goessmann Laboratory 4 1922 Academic/Research (Major) 58,676 Goessmann Laboratory Addition 4 1959 Academic/Research (Major) 92,741 Clark Hall 4 1907 Academic/Research (Major) 21,592 Clark Hall Greenhouse i 1907 Academic/Research (Minor) 3,605 Worcester Dining Hall 4 1953 Admin/Support (Major) 47,294 Worcester Dining Hall Addition 2 1961 Admin/Support (Major) 22,011 Draper Hall 4 1903 Academic/Research (Major) 31,452 Draper Hall Annex 2 1947 Academic/Research (Minor) 8,037 East Experiment Station 4 1889 Academic/Research (Minor) 5,765 Shade Trees Lab 2 1959 Academic/Research (Minor) 3,518 Gunness Laboratory 2 1949 Academic/Research (Major) 21,331 Marston Hall 3 1950 Academic/Research (Major) 63,601 Agricultural Engineering Building South 1 1949 Academic/Research (Major) 17,219 Agricultural Engineering Building North 1 1915 Academic/Research (Major) 12,546 Farley Lodge 2 1933 Admin/Support (Minor) 3,810 Durfee Range i 1955 Academic/Research (Minor) 4,931 Fernald Hall 4 1910 Academic/Research (Major) 34,243 Flint Laboratory 4 1912 Academic/Research (Major) 29,133 Chenoweth Laboratory 2 1930 Academic/Research (Major) 11,402 French Hall 4 1909 Academic/Research (Major) 24,628 French Hall Greenhouse i 1908 Academic/Research (Major) 13,990 Bartlett Hall 6 1960 Academic/Research (Major) 118,002 Agricultural Experiment Station 2 1923 Academic/Research (Major) 12,288 Machmer HaIl 5 1957 Academic/Research (Major) 72,041 Memorial Hall 3 1920 Admin/Support (Major) 19,712 Munson Hall 4 1898 Admin/Support (Major) 13,180 Munson Hall Annex 3 1899 Academic/Research (Minor) 0 Request for Proposals Page 15 of23 Energy Master Plan Hatch Laboratory 3 4 Paige Laboratory 1891 1950 Academic/Research (Minor) Academic/Research (Major) 8,817 29,561 Hicks Physical Education Building 2 1931 Academic/Research (Major) 21,879 Hicks Physical Education Cage 4 1931 Admin/Support (Major) 84,336 Totman Physical Education Building 3 1959 Academic/Research (Major) Hasbrouck Laboratory 4 1950 Academic/Research (Major) 32,210 Photography Laboratory 3 1907 Admin/Support (Minor) 9,916 Morrill Science Center! 5 1959 Academic/Research (Major) 61,921 Morrill Science Center II 7 1960 Academic/Research (Major) 90,682 Skinner Hall 4 1948 Academic/Research (Major) 63,352 South College 6 1885 Academic/Research (Major) 31,266 Stockbridge Hall 5 1912 Academic/Research (Major) 80,601 Student Union 4 1957 Admin/Support (Major) 108,291 Dickinson Hall 3 1960 Academic/Research (Major) 29,820 Power Plant Turbine House 2 1918 Admin/Support (Minor) 0 Power Plant Turbine House Addition 2 1952 Admin/Support (Minor) 0 - 113,048 Bowditch Hall 3 1959 Academic/Research (Major) 12,396 Grinnell Arena 2 1911 Academic/Research (Minor) 8,010 Abbattoir Slaughter House i 1929 Academic/Research (Minor) 1,379 Forest & Parks Garage 1 1950 Mixed (Res and Non-Res) 2,585 Tillson Farm Poultry Building #5 2 1939 Academic/Research (Minor) 3,272 Tilison Farm Poultry Building #6 1 1947 Academic/Research (Minor) 2,700 Horse Barn & Tack Room i 1941 Academic/Research (Minor) 1,589 Tillson Farm Poultry Building #7 1 1959 Academic/Research (Minor) 6,300 Horse Barn 3 1894 Academic/Research (Minor) 8,430 Bowditch Hall Greenhouse i 1959 Academic/Research (Minor) 4,629 West Experiment Station 3 1895 Academic/Research (Major) 14,474 Wilder Hall 3 1906 Academic/Research (Major) 10,252 Physical Plant Building 3 1960 Admin/Support (Major) 63,815 Goodell Building 3 1934 Admin/Support (Major) 34,047 Goodell Building Addition 7 1960 Admin/Support (Major) 95,230 Tool Shed & Garage 1 1933 Admin/Support (Minor) 860 Brooks Tobacco Barn 1 1924 Admin/Support (Minor) 5,120 Fertilizer Shed 1 1926 Academic/Research (Minor) 375 Pit House Laboratory i 1928 Academic/Research (Minor) 300 Corn Laboratory & Greenhouse 2 1934 Academic/Research (Minor) 2,156 Orlyte Greenhouse 1 1957 Academic/Research (Minor) 300 Storage Barn #3 (WA) 1 1924 Academic/Research (Minor) 1,805 Gray Building 3 1924 Academic/Research (Minor) 6,520 Farmhouse (WA) 4 1924 Residential 9,152 Storage Barn #1 3 1924 Academic/Research (Minor) 8,829 Greenhouse #1 (WA) 1 1924 Academic/Research (Minor) 6,285 Request for Proposals Page 16 of23 Energy Master Plan Greenhouse #2 (WA) 1 1929 Academic/Research (Minor) 3,150 Polling Shed & Soil Pit 1 1930 Academic/Research (Minor) 362 Greenhouse #3 1 1950 Academic/Research (Minor) 3,163 Propogating Greenhouse 1 1932 Academic/Research (Minor) 210 Administration Building 3 1949 Academic/Research (Major) 18,220 Boiler House 1 1949 Academic/Research (Minor) 332 Farmhouse Garage 1 1924 Academic/Research (Minor) 658 Vegetable Plastic Greenhouse 1 1959 Academic/Research (Minor) 540 Office & Laboratory Building 2 1952 Academic/Research (Minor) 3,410 Shop & Garage 1 1957 Academic/Research (Minor) 2,734 Greenhouse #1 (EW) 1 1957 Academic/Research (Minor) 454 Storage Shed #1 (EW) 1 1960 Academic/Research (Minor) 320 Forest & Parks Building 3 1988 Mixed (Res and Non-Res) 6,908 Art Barn 2 1911 Academic/Research (Minor) 3,496 Storage Barn #3 (SD) 1 1939 Academic/Research (Minor) 6,256 Storage Barn #4 1 1941 Academic/Research (Minor) 4,575 Storage Barn #5 1 1933 Academic/Research (Minor) 1,958 Farmhouse (BE) 4 1962 Residential 4,540 Service Barn 3 1962 Academic/Research (Minor) 4,057 Main Barn 3 1962 Academic/Research (Minor) 18,005 Common Storage Barn 1 1962 Academic/Research (Minor) 1,370 Vehicle Storage Shed 1 1962 Academic/Research (Minor) 1,715 Furcolo Hall 3 1962 Academic/Research (Major) 112,163 Morrill Science Center III 5 1962 Academic/Research (Major) 65,657 University Health Center 4 1962 Admin/Support (Major) 38,734 Cold Storage Building 4 1962 Admin/Support (Major) 18,963 Engineering Shops Building 4 1962 Academic/Research (Major) 44,968 Gorman House 5 1963 Residential 65,930 Brett House 5 1963 Residential 51,568 Holdsworth HaIl 4 1963 Academic/Research (Major) 64,255 Wysocki House 4 1910 Admin/Support (Minor) 4,283 senberg School of Management Building 4 1963 Academic/Research (Major) 75,429 Hasbrouck Laboratory Addition 7 1963 Academic/Research (Major) 75,761 ~ Boyden Gymnasium 5 1963 Admin/Support (Major) 208,913 MaharAuditorium 3 1965 Academic/Research (Minor) 19,141 Grayson House 8 1965 Residential 77,484 Dickinson House 8 1965 Residential 77,879 Field House 8 1965 Residential 77,484 Webster House 8 1965 Residential 77,880 Franklin Dining Hall 3 1965 Admin/Support (Major) 60,100 Observatory 1 1965 Academic/Research (Minor) 0 Dry Kiln Building 1 1965 Academic/Research (Minor) 0 Request for Proposals Page 17 of 23 Energy Master Plan Marcus Hall 4 1966 Chenoweth Laboratory Addition 4 1966 Academic/Research (Major) Academic/Research (Major) 67,971 47,277 Stadium Facilities Building 1 1966 Admin/Support (Major) 17,555 McGuirk Alumni Stadium 2 1966 Admin/Support (Minor) 215,176 Morrill Science Center IV 6 1966 Academic/Research (Major) 121,765 Thoreau House 6 1966 Residential 48,157 Melville House 6 1966 Residential 48,189 James House 6 1966 Residential 48,128 Emerson House 5 1966 Residential 43,782 Kennedy House 25 1966 Residential 149,058 Coolidge House 25 1966 Residential 150,560 Adams, John House 25 1966 Residential 149,743 Adams, John U. House 25 1966 Residential 149,749 Washington House 25 1966 Residential 149,887 Hampshire Dining Hall 3 1966 Admin/Support (Major) 47,311 Coal Handling Facility i 1966 Admin/Support (Minor) 1,184 Patterson House 6 1967 Residential 92,814 MacKimmie House 6 1967 Residential 60,654 Crampton House 5 1967 Residential 54,081 Prince House 6 1967 Residential 81,283 Hampden Dining Hall 3 1967 Admin/Support (Major) 55,829 Tilison Farm Poultry Building #1 1 1967 Academic/Research (Minor) 7,375 Tilison Farm Poultry Building #2 2 1967 Academic/Research (Minor) 0 Tillson Farm Poultry Building #3 1 1967 Academic/Research (Minor) 0 Agricultural Engineering Building Central 3 1967 Academic/Research (Major) 15,719 Whitmore Hall 4 1967 Admin/Support (Major) 133,227 Rewa Barn 1 1918 Academic/Research (Minor) 0 Storage Barn #6 1 1933 Academic/Research (Minor) 0 Physical Plant Flammable Storage 1 1967 Admin/Support (Minor) 2,548 Physical Plant Building Addition 4 1967 Admin/Support (Major) 94,350 Berkshire Dining Hall 3 1968 Admin/Support (Major) 74,822 Cance House 6 1968 Residential 77,028 Pierpont House 6 1968 Residential 85,403 Moore House 5 1968 Residential 59,682 Astronomy Building 2 1968 Academic/Research (Minor) 11,234 Horse Barn (T Farm) i 1968 Admin/Support (Minor) 4,966 Thompson Hall 13 1968 Academic/Research (Major) 100,011 Herter Hall 9 1968 Academic/Research (Major) 124,254 Sawmill 1 1967 Academic/Research (Minor) 6,419 Experimental Biology Laboratory 2 1968 Academic/Research (Major) 10,813 Lederle Graduate Research Center 19 1971 Academic/Research (Major) 312,999 Lincoln Campus Center 12 1970 Admin/Support (Major) 284,799 Request for Proposals Page 18 of 23 Energy Master Plan Parking Garage Tobin Hall 6 8 1970 1972 Admin/Support (Major) Academic/Research (Major) 401,534 112,624 DuBois Library 30 1972 Academic/Research (Major) 449,068 University Health Center Addition 5 1973 Admin/Suppor-t (Major) 29,628 Fine Arts Center 5 1973 Academic/Research (Major) 223,000 Physical Plant Lumber Storage Barn 1 1967 Admin/Support (Minor) 7,344 WaterTank 1 1968 Admin/Support (Minor) 2,827 Brown House 11 1971 Residential 100,177 Cashin House 11 1971 Residential 100,145 McNamara House ii 1971 Residential 100,177 Switch Gear Building 2 1971 Admin/Support (Minor) 3,211 Chandler Laboratory i 1972 Academic/Research (Major) 11,373 Marine Research Station 2 1972 Academic/Research (Minor) 3,156 Hazard Material Storage Shed 1 1975 Academic/Research (Minor) 150 North Village Apartments A1,2,11,12 1 1971 Residential 3,120 North Village Apartments A3-A6 1 1971 Residential 3,120 North Village Apartments A7-A10 1 1971 Residential 3,120 North Village Apartments B9-B12 1 1971 Residential 3,120 North Village Apartments B3-88 1 1971 Residential 3,558 North Village Apartments B13-B16 1 1971 Residential 3,120 North Village Apartments B1,2,23,24 1 1971 Residential 3,120 North Village Apartments B17-B22 1 1971 Residential 3,560 North Village Apartments D3-D8 1 1971 Residential 3,558 North Village Apartments D9-D12 1 1971 Residential 3,120 North Village Apartmehts D1,2,35,36 1 1971 Residential 3,120 North Village Apartments D13-D16 1 1971 Residential 3,120 North Village Apartments D17-D22 1 1971 Residential 3,558 North Village Apartments D23-D28 1 1971 Residential 3,557 North Village Apartments D29-D34 1 1971 Residential 3,561 North Village Apartments E17-E22 1 1971 Residential 3,560 North Village Apartments E1,2,23,24 1 1971 Residential 3,120 Noith Village Apartments E13-E16 1 1971 Residential 3,120 North Village Apartments E9-E12 1 1971 Residential 3,120 North Village Apartments E3-E8 1 1971 Residential 3,560 North Village Apartments F13-F16 1 1971 Residential 3,120 North Village Apartments F17-F22 1 1971 Residential 3,560 North Village Apartments 11,2,23,24 1 1971 Residential 3,120 North Village Apartments F9-F12 1 1971 Residential 3,120 North Village Apartments F3-F8 1 1971 Residential 3,558 North Village Apartrhents C3-C6 1 1971 Residential 3,120 North Village Apartments C1,2,17,18 1 1971 Residential 3,120 North Village Apartments C11-16 1 1971 Residential 3,561 Request for Proposals Page 19 of 23 Energy Master Plan Cl-do 1 1971 Residential North Village Apartments H9-H12 1 1971 Residential 3,120 3,120 North Village Apartments H3-H8 1 1971 Residential 3,560 North Village Apartments H13-H16 1 1971 Residential 3,120 North Village Apartments H1,2,17,18 1 1971 Residential 3,120 North Village Apartments 13-18 1 1971 Residential 3,561 North Village Apartments 11,2,23,24 1 1971 Residential 3,120 North Village Apartments 117-122 1 1971 Residential 3,560 North Village Apartments 19-112 1 1971 Residential 3,120 North Village Apartments 113-116 1 1971 Residential 3,528 North Village Apartments J9-J12 1 1971 Residential 3,120 North Village Apartments North Village Apartments J3-J8 1 1971 Residential 3,561 North Village Apartments J13-J16 1 1971 Residential 3,120 North Village Apartments J1,2,23,24 1 1971 Residential 3,120 North Village Apartments J17-J22 1 1971 Residential 3,556 North Village Apartments G15-G20 1 1971 Residential 3,558 North Village Apartments G9-G14 1 1971 Residential 3,557 North Village Apartments G3-G8 1 1971 Residential 3,561 North Village Apartments G21-G24 1 1971 Residential 3,120 North Village Apartments G25-G28 1 1971 Residential 3,120 North Village Apartments G1,2,35,36 1 1971 Residential 3,120 North Village Apartments G29-G34 1 1971 Residential 3,558 Waste Water Treatment Building 1 1971 Academic/Research (Minor) 1,568 Power Plant Package Boiler House 2 1971 Admin/Support (Minor) 0 Nelson House North 3 1920 Admin/Support (Minor) 1,508 Nelson House South 3 1960 Admin/Support (Minor) 3,943 North Village Laundry Building 1 1972 Admin/Support (Minor) 1,798 Nelson Garage i 1960 Admin/Support (Minor) 598 Lederle Graduate Research Center Addition 18 1973 Academic/Research (Major) 174,146 Morrill Science Center Greenhouse Addition 1 1973 Academic/Research (Minor) 8,381 Stockbridge House Addition 2 1973 Admin/Support (Minor) 1,251 Dairy Animal Research Building 2 1973 Academic/Research (Major) 29,751 Fuel Oil Pump House i 1973 Admin/Support (Minor) 630 Bus Shelter B 1 1974 Admin/Support (Minor) 153 Bus Shelter C 1 1974 Admin/Support (Minor) 153 Bus Shelter D 1 1974 Admin/Support (Minor) 153 Bus Shelter E 1 1974 Admin/Support (Minor) 153 Bus Shelter F 1 1974 Admin/Support (Minor) 153 Truck Scale i 1975 Admin/Support (Minor) 1,493 Truck Scale House i 1975 Admin/Support (Minor) 100 Solar Habitat 2 1976 Academic/Research (Minor) 1,383 Forestry Trailer i 1970 Academic/Research (Minor) 700 Request for Proposals Page 20 of 23 Energy Master Plan PVTA Bus Facility Building 2 1970 Admin/Support (Major) Animal House 32,298 Plant & Soil Sciences Greenhouse #9 1 1 1980 1980 Academic/Research (Minor) Academic/Research (Minor) 1,760 2,890 Greenhouse Storage Building i 1934 Academic/Research (Minor) Mobile Instrument House Greenhouse 1 1 1975 1981 Academic/Research (Minor) Academic/Research (Minor) 105 1,060 Storage Shed #2 (EW) 1 1980 Academic/Research (Minor) 300 Shed 1 1980 Academic/Research (Minor) 30 Storage & Garage 1 1980 Academic/Research (Minor) 1,971 Mt Lincoln Van 1 1961 Admin/Support (Minor) 150 Shutesbury Shed 1 1977 Admin/Support (Minor) 64 Recycling Facilities Building 1 1983 Admin/Support (Major) 20,251 Mather Building 3 1985 Admin/Support (Major) 17,586 Apiary Garage 1 1982 Academic/Research (Minor) 316 Hicks Physical Education Cage Addition 2 1987 Admin/Support (Major) 12,347 Robsham Memorial Center for Visitors 1 1988 Admin/Support (Minor) 2,153 Research Administration Center 4 1988 Admin/Support (Major) 10,937 643 Recycling Facilities Office Trailer i 1988 Admin/Support (Minor) 1,344 Parking Office Trailer #1 1 1988 Admin/Support (Minor) 1,344 Parking Office Trailer #2 1 1988 Admin/Support (Minor) 1,428 Parking Office Trailer #3 1 1988 Admin/Support (Minor) 1,372 Engineering Trailer 1 1989 Academic/Research (Minor) 1,344 Cooperative Extension Service Main Building 3 1928 Unknown 4,417 Cooperative Extension Service School House 1 1928 Unknown 998 Blaisdell Trailer 1 1989 Academic/Research (Minor) 1,344 Pesticide Shed 1 1988 Academic/Research (Minor) 440 Knowles Engineering Building 4 1991 Academic/Research (Major) 39,118 Auxiliary Services Food Storage Building 1 1991 Admin/Support (Major) 10,336 Telecommunications Building Node A-2 1 1990 Admin/Support (Minor) 603 Telecommunications Building Node A-6 1 1990 Admin/Suppor-t (Minor) 602 Telecommunications Building Node A-7 1 1990 Admin/Support (Minor) 125 PVTA Bus Facility Building Addition i 1988 Admin/Suppo,-t (Major) 14,648 Forest & Parks Greenhouse 1 1979 Mixed (Res and Non-Res) 2,136 Mullins Memorial Center 5 1993 Admin/Support (Major) 180,388 Conte Polymer Research Center 10 1995 Academic/Research (Major) 211,102 Hadley Farm Conference Center 3 1990 Academic/Research (Minor) Hadley Farm Animal Agricultural Education Center Hadley Farm Equine Education Center 5,421 2 1990 Academic/Research (Major) 11,242 2 1990 Academic/Research (Major) Hadley Farm Demonstration Center 23,883 2 1990 Academic/Research (Major) Hadley Farm Lawrence Arena 10,812 1 1991 Academic/Research (Major) Hadley Farm Observation Building 26,706 1 1990 Academic/Research (Minor) 550 Request for Proposals Page 21 of23 Energy Master Plan Hadley Farm Covered Shelter#1 1 1990 Hadley Farm Covered Shelter #2 1 Polymer Chilled Water Plant 1 Dakin House 1990 Academic/Research (Minor) Academic/Research (Minor) 6,174 3,311 1995 Admin/Support (Minor) 4,684 3 1995 Academic/Research (Minor) 6,045 358 North pleasant 3 1997 Academic/Research (Major) 13,106 Coal Handling Facility Pumphouse 1 1997 Admin/Support (Minor) 1,292 Greenhouse #2 (EW) 1 1990 Academic/Research (Minor) 2,833 Storage Trailer i 1989 Academic/Research (Minor) 319 Plant & Soil Sciences Greenhouse #1 1 1990 Academic/Research (Minor) 1,383 Plant & Soil Sciences Greenhouse #2 1 1990 Academic/Research (Minor) 1,383 Storage Shed #1 (SD) 1 1996 Academic/Research (Minor) 97 Storage Shed #2 (SD) 1 1995 Academic/Research (Minor) 236 Plant & Soil Sciences Pesticide Shed 1 1993 Academic/Research (Minor) 62 Storage Shed #3 (SD) 1 1994 Academic/Research (Minor) 157 Pesticide Shed #1 1 1989 Academic/Research (Minor) 62 Pesticide Shed #2 1 1989 Academic/Research (Minor) 34 Plant & Soil Sciences Storage Shed #1 1 1995 Academic/Research (Minor) 96 Plant & Soil Sciences Storage Shed #2 1 1995 Academic/Research (Minor) 96 Plant & Soil Sciences Storage Shed #3 1 1995 Academic/Research (Minor) 96 Storage Shed #4 (SD) 1 1995 Academic/Research (Minor) 96 Storage Shed #5 1 1995 Academic/Research (Minor) 96 Facilities Planning Office Trailer 1 1998 Admin/Support (Minor) 1,056 Dakin Carriage House 2 1995 Academic/Research (Minor) 3,118 1 1995 Academic/Research (Minor) 412 Engineering & Computer Science Center I Dakin Garage 3 1999 Academic/Research (Major) 79,285 Toddler House a 1999 Admin/Support.(Minor) 3,067 Animal Care Facility 2 1999 Academic/Research (Major) 21,043 Alfond Hall 4 2002 Academic/Research (Major) 52,274 Engineering Laboratory II 4 2004 Academic/Research (Major) 88,183 Central Heating Plant 3 2008 Admin/Support (Major) 132,912 South Deerfield Turf Facility 1 2006 Academic/Research (Major) 4,034 North A 7 2006 Residential 94,003 North B 7 2006 Residential 94,003 North C 7 2006 Residential 94,003 North D 7 2006 Residential 95,149 Steam and Condensate Building 2 2008 Admin/Support (Major) 11,701 Integrated Sciences Building 6 2009 Academic/Research (Major) 188,445 Studio Arts Building 4 2008 Academic/Research (Major) 65,671 Recreation Center 4 2009 Admin/Support (Major) 160,192 ~ Ag Engineering Annex A 1 2006 Academic/Research (Minor) 2,849 Ag Engineering Annex B 1 2006 Academic/Research (Minor) 2,816 PVTA Transit Facility 1 2009 Admin/Support (Major) 17,083 Request for Proposals -~ Page 22 of 23 Energy Master Plan (EW) 1 2002 Admin/Support (Minor) 52 Storage Shed #4 (EW) 1 2005 Academic/Research (Minor) 140 Storage Shed #3 Grounds Maintenance Facility 1 2007 Admin/Support (Minor) 8,444 Tractor Repair Facility 1 2007 Academic/Research (Minor) 4,013 Tennis Storage Shed #1 1 2007 Academic/Research (Minor) 120 Tennis Storage Shed #2 1 2007 Academic/Research (Minor) 120 Hay Barn 1 2007 Academic/Research (Minor) 3,231 East Cooling Tower 1 2008 Admin/Support (Minor) 1,874 Salt Storage Building 1 2008 Admin/Support (Minor) 2,788 Police Station 4 2011 Admin/Support (Major) 27,251 Life Science Laboratories 11 2013 Academic/Research (Major) 395,260 Durfee Shed 1 2009 Academic/Research (Minor) 193 Parks, George N. Minuteman Marching Band Building Research & Education Greenhouse 2 2011 Academic/Research (Major) 21,747 1 2011 Academic/Research (Major) 16,085 93 Fearing House 3 2010 Residential 5,257 Bowditch Chemical Storage Shed 1 2011 Academic/Research (Minor) 118 Request for Proposals Page 23 of 23 Energy Master Plan APPENDIX ‘A’ OTHER CONQITIONS OR SERVICES TO THE CONTRACT FOR SERVICES BETWEEN: THE UNIVERSITY OF MASSACHUSETtS AMHERST, MASSACHUSETTS AND THE CONTRACTOR: FOR THE FOLLOWING CONTRACT: TABLE OF CONTENTS Article 1 Definition of Terms 3 Article 2 Consultants1 Subcontracting Succe~sors and Assignments 4 Article 3 Surveys, Boring, Tests, Laboratories, Photographs 4 Article 4 Professional Responsibility and Services to be Performed 5 Article 5 Project Support Personnel 7 Article 6 Record Drawings, Reports, Calculations 7 Article 7 Contractor’s Basic Fee 8 Articles Extra Compensation 8 Article 9 Reimbursement g Article 10 Design Fees and Responsibility for Modifications and Change Orders 9 Article 11 Method of Payment to the Contractor 10 Article 12 Notices, Approvals Invoices 10 Article 13 Insurance 11 Page 2 of 12 ARTICLE 1: DEFINITION OF TERMS 1. GENERAL LAWS the General Laws of the Commonwealth as amended including any rules, regulations and administrative procedures implementing said laws. 2. UNIVERSITy University of Massachusetts, Amherst, Massachusetts, an agency of the Commonwealth of Massachusetts. 3. OFFICE— Facilities, 4. DIRECToR Z Director of Facilities & Campus Planning Division. 5. PROJECT --the project which may involve one or several study or design projects under the overall contract. 6. CONTRACTOR 7. CONSULTAS.1TS this agreement. 8. GENERAL CONTRACTOR contract. 9, PRINCIPALS for Services. 10. APPROVAL OF THE DIRECTOR a written communication from the Director or his authorized representative to the Contractor expressing the University’s approval of services or plans prepared by the Contractor which in no way relieves the Contractor from responsibilities, the Office review notwithstanding. II. NOTICE TO PROCEED a written communication by the Director which constitutes an essential condition of this contract, authorizing the Contractor to perform the services for the project phase to which such Notice shall relate. 12. SUBMIUAL DATES amendment thereto. 13. PROJECT MANAGER the University’s representative responsible for overseeing the planning, design and construction on this contract. 14. RESIDENT ENGINEER 15. FIXED LIMIT CONSTRUCTION COST the maximum cost of construction established by the Office as set forth in the Notice to Proceed, and any amendments thereto. 16. CONSTRUCTION CONTRACT ~ contract for construction of a whole or part of the project including all change orders. 17. TOTAL CONSTRUCTION COST the sum of (1) the actual construction contract total price, and (2) each authorized change order which revises the construction contract award price. — -- — as identified on. the Contract for Services. — — a third party that is employed by the contractor to provide services under -- the party that is responsible for executing the construction the registered Architects or Engineers listed in Paragraph 5 of the Contract — — -- those dates referred to in the Notice to Proceed or any subsequent — — the on-site representative of the Univeisity. -- — Page 3 of 12 ARTICLE 2: CONSULTANTS, SUBCONTRACTING SUCCESSORS AND ASSIGNMENTS The Contractor shall not employ consultants, sublet, assign or transfer any part of his services or obligations under this Agreement without the prior approval of and written consent of the Director. The Director shall not unreasonably withhold such approval. The written consent shall not in any way relieve the Contractor from his responsibility for the professional and technical accuracy and the coordination of all data, designs, drawings, specifications, estimates and other work or materials furnished. 2. Except as otherwise provided in this contract or authorized by the Director, the Contractor shall employ within the basic fee for this project the followin~ consultants where their specific services are required: Civil Engineer, Electrical Engineer, Mechanical Engineer, and Cost Estimators. Consultants must be registered in their respective disciplines if registration is required under the applicable General Laws. 3. When the Contractor receives payment from the University, the Contractor shall promptly make payment to each consultant whose work is included in the work for which such payment was received from the University. The Office shall have the contractual right to investigate any breach of a consultant contract and to initiate or condone corrective measures necessary for the best interest of the University. ARTICLE 3: SURVEYS, BORINGS. TESTS, LABORATORIES. PHOTOGRAPHS 1. The Office shell fumish to the Contractor available surveys of the project’s building site, or sites, showing the grades and lines of streets, pavements and adjoining properties; the rights, restrictions, easements, boundaries and contours of the site, or sites; reports from any borings, test pits, chemical, mechanical or other tests, any photographs and information as to water, sewer, electricity, steam, gas, telephone and other services. 2. The Office does not guarantee the accuracy of information and the Contractor must satisfy himself as to the correctness of data, except in instances where written exception to the contrary is specifically indicated by the Director, If the above data is not available or it is in the opinion of the Contractor insufficient, the Contractor, upon request, will be given authorization to obtain the services of a consultant or perform the work with his own employees. In no case shall the Contractor commence such work without prior written authorization of the Director, 3. During the construction phase of this contract, the Contractor may be asked to retain the services of a qualified testing laboratory and/or special field inspectors, when required by the project, subject to the prior approval of the Director, 4. If a consultant’s services estimated to cost more than $25,000 are required, including the services of a qualified testing laboratory functioning under the jurisdiction of both a Massachusetts registered engineer and licensed inspectors, a detailed description of the proposed services shall be prepared by the Contractor and approved by the Office. Consultant fee proposals shall be received by the Contractor and accompanied with recommendations of approval submitted to the Director before any work is authorized. Such consultants shall carry adequate Liability Insurance. When a consultant’s services are estimated to cost $25,000 or less, the Contractor shall use established standard rates for such services, 5. Drawings andfor specifications needed to obtain survey or subsoil information, and any other soils engineering shall be prepared by the Contractor within the basic fee. The Contractor shall then analyze and evaluate such surveys and tests and make his design conform to the results of such evaluation. Page 4 of 12 6. The Office wiN reimburse the Contractor, as provided in Article 10, for the cost of consultant services performed under this Article. For responsibility, coordination, inspection, analysis and evaluation of consultant’s services retained under this Article, the Contractor shall be compensated as provided in Article 10. ARTICLE 4: PROFESSIONAL RESPONSIBILITY AND SERVICES TO BE PERFORMED The Contractor shall be responsible for the professional and technical accuracy and the coordination of all designs, drawings, specifications, estimates and other work fumished by him or his consultants and subcontractors The Contractor shall staff his office with sufficient personnel to complete the services required under this contract in a prompt and continuous manner, and shall meet the approval schedule and submittal dates established during the course of this contract. 2. The Contractor shall furnish appropriate competent professional services for each of the phases to the point where detail checking or reviewing by the Office will not be necessary. Any changes, corrections, additions or deletions made by the Office shall be incorporated into the design of the Project unless detailed objections thereto are received from the Contractor and approved by the Office. Because of the fixed limit construction cost called for in this agreement, the Contractor with the written approval of the Director in perf&ming services hereunder, shall be permitted to determine materials, equipment, component systems and types of construction to be included in the design of the Project. The decision of the Director shall be final in matters pertaining to this paragraph. 3. The Contractor shall thoroughly acquaint his employees and consultants with the provisions of General Laws Chapter 30, Section 39M, which provides in part: “for each item of material the specification shall provide for either a minimum of three named brands of material or description of material which can be met by a minimum of three manufacturers or producers, and for the equal of any one of said named or described materials.” Refer to the law and the Office for procedure regarding proprietary items. 4. Neither the Office review, approval or acceptance of, nor payment for, any of the services furnished shall be construed to operate as a waiver or any rights under the contract or any cause of action arising out of the performance of the contract. 5. TYPE I CONTRACTS — STUDIES, PROGRAMS, PLANNING, REPORTS Studies, programs, planning, and reports may serve as the basis of the design for the Contractor’s work. The intent of this effort is to evaluate project scope, options, and altematives as well as to establish project budgets, schedules, and resources. It is the responsibility of the Contractor to review all of the findings and recommendations contained in these documents and determine if they are in conformance with all codes and professional practice. All studies/reports prepared by the Contractor shall generally include the following in accordance with the approved program: >One or more site layouts. > An outline of the major construction systems proposed for the project. > The source, capacity, and method of obtaining and/or relocating any utilities. > A budget cost estimate in as much detail as possible indicating the cost of the project. ~ Any consideration of phasing of the project or unique features. >~ A designation of the appropriate measures to be examined using life cycle costing techniques. > Sustainable design goals and ways the project can meet those goals. > Elements of construction or demolition waste that would be recyclable. Page 5 of 12 TYPE 2 CONTRACTS — DESIGN AND CONSTRUCTION PHASE 1.— SCHEMATICS Upon receipt of a Notice to Proceed from the Director acceptable to the Contractor, the Contractor shall meet as necessary with agents of the Office and the University and shall prepare and submit to the Director single line schematic drawings to establish basic design ideas and respective cost estimates. The Contractor shall submit to the Director for approval six (6) copies of said schematic plans, outline specifications and cost estimates, on or before the date or time for submission specified in the Notice to Proceed or any supplement thereto, unless the Contractor shall have obtained from the Director an extension of time in writing. Estimated construction cost and fee as set forth in the original Notice to Proceed will not be changed by the Office without the agreement of the Contractor. PHASE 2. -- DESIGN DEVELOPMENT Upon receipt of a Notice to Proceed, the Contractor shall prepare from the approved Phase 1 documents complete preliminary plans and outline specifications and a cost estimate, to enable the Office and the University to study and understand the progress and development of the Project. Such plans, outline specifications and cost estimate shall be subject to the written approval of the University and the Director. The Contractor shall submit to the Director for approval six (6) copies of said preliminary plans, specifications and cost estimates, on or before the date or time for submission specified in the Notice to Proceed or any supplement thereto, unless the Contractor shall have obtained from the Director written extension of time. PHASE 3. —CONSTRUCTION DOCUMENTS Upon receipt of a Notice to Proceed from the Director for Phase 3 of the Project, the Contractor shall meet as necessary with agents of the Office and the University, and shall prepare and subrhit to the Director on or before the date of time specified in the Notice to Proceed or any supplement thereto, complete working plans and specifications in sufficient detail to permit firm bids in open competition for construction of the project, and a detailed cost estimate. Said plans and specifications shall be based on the design development, outline specifications and construction cost estimate approved in Phase 2 of the Project, the Notice to Proceed with Phase 3, or any subsequent modification thereto. The detailed estimate of the cost of the Project shall include quantities of all materials and unit pTlces of labor and materials as well as a cost estimate for each item of work. Such working plans and specifications and cost estimates shall be subject to the written approval of the University and the Director. The Contractor shall furnish to the Director for approval four (4) sets of the said plans, specifications and construction cost estimates. From the approved working plans and speciflcations, with changes incorporated as so endorsed, the Contractor shall prepare and transmit to the Director a set of reproducible plans and original specifications on high quality white bond paper properly packaged, suitable for blueprinting (other suitable methods are subject to prior approval of the Director), which shall become the property of the University. In addition, the Contractor shall provide this information in CD format with the drawings submitted in AutoCAD 2006 (as a minimum) and the specifications in the latest available version of Microsoft Word. The University wHI prepare the contract documents, including adverfisements, for receipt of proposals from construction contractors, and execution of a construction contract or contracts. If requested by the Office, the Contractor shall prepare all addenda. The Contractor shall conduct a qualification review of the low bidder and shall transmit its recommendation as to the award of the construction contract to the Office. Page 6 of 12 If within six (6) months after approval of Construction Documents, in final form, the bids of the lowest responsible and eligible bidders exceed the fixed limit construction cost, the Contractor shall, if so instructed in writing by the Director, provide such revised working plans and specifications, and construction cost estimates as the Director shall require for the purpose of bringing the cost within the fixed limit construction cost provided the Contractor may in connection with such revision make reasonable adjustments in the scope of the Project subject to the written approval of the Director which approval shall not be unreasonably withheld. The Contractor shall not be paid additional compensation for such services. PHASE 4. .. CONTRACTOR’S SERVICES DURING CONSTRUCTION Upon the award of the construction contract, the Contractor and his consultants shall, for the purpose of protecting the Commonwealth against defects and deficiencies in the work of the Project: (1) be charged with general administration of the construction contract; (2) furnish the General Contractor with information for establishing lines and grades and such large scale drawings and full sized detailed drawings as the Director may require; (3) promptly check and approve samples, schedules, shop drawings and other submissions by the Genera! Contractor; (4) visit the site or sites of the Project conduct regular job meetings as required to assure appropriate work progress; (5) conduct regular inspections of the construction project and report the results of such inspections in writing to the Office; (6) require each consultant employed in accordance with Article 2 above to make visits weekly, and more often if requested by the Director, for the same purposes during the progress of that portion of the said construction to which the consultant’s services relate and to report in writing thereon to the Contractor; (7) report to the Office weekly in writing on the progress of construction including whether or not the General Contractor is keeping record drawings; (8) recommend condemnation of all project work observed by the Contractor which fails to conform to the Contract Documents; (9) decide all questions regarding interpretation of or compliance with the Contract Documents, except as the Director may in writing otherwise determine; (10) review and act on all requests for change in plans, specifications, or contracts for the Project; (Ii) upon written instructions from the Director or Project Manager, furnish working plans and specifications for any such change; and (12) assist the Office in any change order appeal hearing requested under General Laws Chapter 30, Section 390, except as provided in Article g,i (7). The Contractor shall be familiar with the University’s procedures for payment to contractors and shall submit to the Office all requisition for payment submitted by the General Contraclor. With respect to each such requisition, the Contractor shall certify to the best of his or her knowledge that the percentage of work included in the requisition is accurate and the work performed conforms to the contract documents. In the event the Contractor does not approve the requisition exactly as submitted by the General Contractor, said Contractor shall forward it for payment to the Office dated but unsigned with an accompanying letter of explanation setting forth objections and recommended changes, The Contractor shall coordinate the required weekly visit to the construction site in such a manner to be able to return to his or her office with the General Contractor’s payment bearing the Resident Engineer’s approval or letter of exceptions. Timely payments of General Contractors is required by General Laws Chapter 30, Section 39K; therefore, the Contractor shall establish office procedures assuring either Immediate mail or messenger delivery of the requisition for payment to the Office, and shall process requisition for pa3lllent within forty-eight hours of receipt. ARTICLES: PROJECT SUPPORT PERSONNEL In special circumstances, approved in writing by the Director, it may be necessary for the Contractor to employ on-site project support personnel. Compensation for any technical employee of the Contractor or its consultant shall be at the rate of three (3) times the wages (exclusive of benefits) of such employee provided that in no event shall the compensation Page 7 of 12 for a technical employee exceed the total sum of One Hundred Fifty Dollars ($150.00) per hour. ARTICLE 6; RECORD DRAWINGS. REPORTS. CALCULATIONS Before examining the requisition for final payment submitted to the Office by the General Contractor and making any certification in response thereto, the Contractor shall obtain from the General Contractor record drawings showing the actual installation of the plumbing, heating, ventilation and electrical work under the Construction contract and all variations, if any. The Contractor shall ascertain by his review that changes authorized by University Change Orders are shown on the Contractor’s record drawings and shall submit to the Office the complete set as revised, which shall become the property of the University. In addition1 the Contractor takes this information and updates the original construction documents to reflect all changes and as-built conditions. This information shall be provided in CD format with the drawings submitted in AutoCAD 2006 (as a minimum) and the specifications in the latest avaflabje version of Microsoft Word, which shall become the property of the University. 2. At the conclusion of the construction contract, the Contractor shall submit to the Director a confidential evaluation report relating to the overall performance of the General Contractor and his subcontractors, in the form prescribed by the Office. ARTICLE 7; CONTRACTOR’S BASIC FEE For the performance of all services required in this contract and excluding those services specified under Articles 6, 9 and 10, the Contractor shall be compensated by the Office in accordance with the lump sum fee as designated in the gprjj~act for Services. 2. If there is a material change in the scope of services provided in this contract, the Contractor and the Office will mutually agree to an adjustment in the Contractor’s Basic Fee. Delay cf one year or more by the Commonwealth plus a significant change in the estimated construction cost of the project will be considered a change in scope of services. 3. Payment of the design fee shall be made in accordance with Paragraph 4 of the çp~fract for ~ry]ces and Article 11 of this attachment. Anything to the contrary not withstanding in the Contract for Services and all attachments there to, the total amount to be paid under the Contract for Services shall not exceed the amount specified in paragraph 4.E of the ract for Services. ARTICLE 8: EXTRA COMPENSATION With the formal written approval of the Director, the Contractor shall perform all or any of the following services in addition to the services performed pursuant to Article 4 above: (1) making measured drawings of existing construction facilities when required for planning additions, or alterations thereto; (2) revising previously approved drawings, specification or other documents to accomplish changes authorized by the Director~ (3) preparing documents for alternate bids requested by the Director except alternates prepared by the Contractor to adjust the fixed limit construction cost; (4) providing consultation conceming replacement of any work damaged by fire or other cause during construction and furnishing professional services of the type set forth in Article 5 as may be required in connection with the replacement of such work; (5) providing professional services made necessary by the default of the contractor in the performance of the construction contract; (6) providing services after final payment to the contractor (7) assisting the Office in change order appeal hearings under General Laws, Chapter 30, Section 390, by preparing special documents or appearing as a witness; (8) for preparing change orders and supporting data, except as set Page 8 of 12 forth in Article 11 (9) revising working plans and specifications submitted in their final and complete form for which bids were not received within six months after submission; (10) making studies other than those normally required and preparing applications and reports to assist the Office in obtaining federal aid; (11) preparing operating and maintenance manuals; (12) observing the balancing of air and water circulation systems and reporting the results thereof; (13) observing and setting and adjusting automatic controls and reporting the results thereof; (14) assisting the University in litigation arising out of the construction contract; (15) performing services for interior design; and (16) performing any other professional services not otheFwise required under this Contract. 2. For the services provided pursuant to Paragraph I of this Article and Article 4, the Contractor shall be compensated by the University at the Contractor’s standard hourly rate for the time of any principal of the Contractor, or any principal of a consultant to the Contractor approved in accordance with Article 2 above, provided that the hourly rate for principals shall in no event exceed One Hundred Fifty Dollars ($150.00) per hour. Compensation for any technical employee of the Contractor or its consultant áhall be at the rate of three (3) times the wages (exclusive of benefits) of such employee provided that in no event shall the compensation for a technical employee exceed the total sum of One Hundred Fifty Dollars ($150.00) per hour. The Contractor and its consultants shall complete a Certification Statement stating its standard hourly rate charged for principals and a copy of that statement, as approved by the Director, and revised from time to time, is incorporated into this contract. The Office shall have the right to require the Contractor or its consultants to provide the Office certified payroll statements from other current design contracts in order to verity the rates stated in the Certification Statement. 3. Upon submission by the Contractor of satisfactory evidence that additional expenses are being incurred beyond the amount realized on a fee basis, the Director may authorize extra compensation on the basis of actual cost plus overhead, but not profit and without a 2.75 times markup for additional services rendered under Phase 4, after the original scheduled construction completion time as extended by authorized additional work change orders has been exceeded by more than twenty-five percent (25%) through no fault of the Contractor. This shall only be applicable when the Contractor shall have submitted under Article 4 Phase 3 a detailed analysis or description of how the Contractor arrived at the estimated number of calendar days for completion of construction. ~IICLE 9: REIMBURSEMENT The Contractor shall be reimbursed by the University: a. The actual cost to the Contractor of special consultants not specified in Article 2 and approved in writing by the Director, provided, however, that no reimbursement for such expense shall be made unless the rates of compensation for said consultant services shall have been approved in writing by the Director. The Director may approve a lump sum fee. b. The actual cost to the Contractor of consultants hired to obtain any data in accordance with Article 3 above, provided, however, that no reimbursement for such expense shall be made unless the rates of compensation for said consultant services shall have been approved in writing by the Director. The Director may approve lump sum fee. c. Any other specially authorized reimbursement, including special printing, beyond that identified in the scope of Article 4. d. For document copies in excess of numbers specified in the contract if requested by the Office. Page 9 of 12 2. The University shall not reimburse the Contractor for travel expenses under this cohtract, provided, however, that in special circUmstances and with the prior approval of the Director, the Contractor may be reimbursed for out-of-state travel expenses consistent with the Rules and Regulations promulgated under Section 38, Chapter 7 of the General Laws. 3. The University shall not reimburse the Contractor for any telephone or other out-of-pocket miscellaneous expenses unless specifically authorized under this Article. 4. For coordination and responsibility of services authorized under 1 and 2 of Article 9, the Contractor shall be reimbursed the actual expense plus 10% where the estimated cost of the specific services is estimated not-to-exceed $50,000.00. The aforementioned percentage will be negotiated to a lesser factor in those instances when the not-to-exceed cost is projected to exceed $50,000.00. 5. The exemption number assigned to the University as an exempt purchaser under the Sales Act, Chapter 14 of the Acts of 1966 to the extent that material and supplies are used or incorporated in the performance of this contract for the Commonwealth is E 043-167-352 issued 11/18/92. ARTICLE 10: DESIGN FEES AND RESPONSIBILITY FOR MODIFICATIONS AND CHANGE ORDERS The Contractor shall be compensated in accordance with the rates specified in Article 9, for the services of its employees or any consultant listed in Article 2 for the preparation of modifications change orders and supporting data. The Contractor or his consultants shall not be compensated for any services involved in preparing changes that are required for additional work that should have been anticipated by the Contractor in the preparation of the bid documents, as reasonably determined by the Director. The Contractor shalt not be compensated for any services involved in preparing changes required to make unit price adjustnients due to existing conditions. Changes for which the Contractor receives no compensation under this Article shall be called ‘no fee modifications” or “no fee change orders”. The fact that the Contractor receives no fee shalt not limit the University’s legal remedies regarding such changes. 2. Payments for modifications or change orders to the Contractor shalt be made upon completion of the contractor’s work under such modifications or change orders. ARTICLE 11: METHOD OF PAYMENT TO THE CONTRACTOR Except as the Director may otherwise authorize upon written request of the Contractor, the compensalion payable under Article 8 above, for performance of all services specified in Article 4, shall be paid to the Contractor by the Commonwealth in accordance with the following instructions: 2. The basic fee for contracts shall be paid to the Contractor in accordance with the following cumulative schedule so that the total paid shall equal the percentage of the basic fee set forth at each step: If the scope of the project does not include some of these project phases, then the Contractor shall provide a work plan payment schedule for each phase of the project for review and approval by the University. Actual payments can be requisitioned by the Contractor upon satisfactory completion of deliverables within each phase. a. Fifteen percent (15%) Upon approval of schematics design phase services. b. Twenty Five percent (25%) upon submission of the completed design developmeni documents and cost estimate all in satisfactory form. Page 10 of 12 c. Thirty percent (30%) of such compensation upon receipt of written approval of the 100% construction documents. ci. Thirty percent (30%) of such compensation upon final acceptance of the Construction Contract. ARTICLE 12: NOTlCES~ APPROVALS. INVOICES 1. Any notice required under this contract to be given by the University to the Contractor, or by the Contractor to the University, shall be deemed to have been so given, whether or not received, if mailed by prepaid postage by. respectively, the Director to the Contractor at the address specified for the Contractor on Page 1 above, or the Contractor to the Director of Facilities & Campus Planning, 360 Campus Center Way, University of Massachusetts, Amherst, MA 01003. 2. Written approval by the Director for Article 8 Extra Compensation and Article 9 Reimbursements shall be in the form of a letter. 3. All Invoices except for those made under the provisions of Article 10 may be submitted monthly for any deliverables completed within that month and subject to contract terms and proper documentation will be promptly processed by the Office or returned to the Contractor. No invoice, however, shall be required to be submitted or processed when the net amount due is Tess than $200.00 4. Invoices for serv4ces under Article 11, Paragraphs 6, 7 and 8 shall set forth the name, payroll title and dates of site visits required under Article 4, Phase 4. 5. Invoices submitted for services which have not been previously authorized in writing shall be returned to the Contractor. 6. Invoices for services under Article 8, 9, and 10 shall be accompanied by a complete breakdown listing the name, payroll title, date, number of hours each day, hourly rate and extended amount. 7. Requests for previously authorized expenses of any nature must be accompanied by a billing/receipt from the source of the expense. ARTICLE 13: INSURANCE 1. The Contractor 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 or expressed in the original public notice to Contractors. Subject to the prior approval of the Office, the Contractor may have a Professional Liability Policy with a deductible clause if in the judgment of the Office, the Contractors financial resources are sufficient to directly absorb the possible e>pense without surety assistance. 2. Said professional liability insurance required by Article 13, paragraph (1) 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 official acceptance of the Construction Contract by the Office; (2) the date of the opening of the Project to public use; (3) the date of the acceptance by the general contractor of a final pay estimate prepared by the Office pursuant to 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 Office. The date on which professional liability insurance coverage shall commence (the Retroactive Date) on all policies (including policy renewals) relating to services P~ge 11 of 12 provided by the Contractor for the Project shall be the effective date of the Contract, or an earlier date. 3. The Contractor shall take out and maintain at its own expense during the life of this Contract the following insurance: i) Workers Compensation Insurance in accordance with G.L. c.152; fl) General Liability Insurance and the Commonwealth of Massachusetts shall be names as an additional insured, minimum Bodily Iniury Coverage of $500,000.09 each person and $1,000,000.00 each Occurrence and minimum Property Damage Coverage $500,000.00 each occurrence and $1,000,000.00 aggregate; Ui) Vehicle Liability Insurance in an amount not less Than the compulsory coverage required in Massachusetts; iv) Valuable Papers Insurance in an amount not less than $300,000.00 to assure the restoration of any plans, drawings, computations, field notes or other similar data relating to the work covered by this contract in event of loss or.destrijction until the final fee payment is made or all data is turned over to the Office, and this coverage shall include coverage for relevant documents stored in computer aided design drafting (CADD) systems. 4. The Contractor shall not commence work on this contract until proof of Compliance with the insurance requirements of this Article 13 has been fumished to the Office by submitting three copies of a properly endorsed insurance certificate(s) issued by a company(s) authorized to write the respective insurance in this Commonwealth. “All policy renewals must be obtained by Contractor, and notice filed with the Office by way of properly endorsed insurance certificates, prior to expiration of current policies. Failure by Contractor to obtain all policy renewals and to provide the respective insurance certificates as required shall constitute just cause for termination of Contractor’s services under this contract.” Any cancellation of insurance whether by the insurers or by the insured shall not be valid unless written notice thereof is given by the party proposing cancellation to the other party and to the Office at least fifteen days prior to the intended effective date thereof, which date shall be expressed in said notice. 5. “The Contractor shall indemni~’, defend and save harmless the Commonwealth, the Operating Agency, the Office and all of its or their officers, agents, and employees against all suits and claims of liability of every name and. nature, for or on account of any injuries to persons or damage to property to the extent that the same is the result of the negligence of the Contractor in the performance of the work covered by this Contract and/or of failure to comply witI~ the terms and conditions of this Contract, whether by himself or his employees or subcontractors, provided the Contractor is notified of all suits and claims within a reasonable time after the Division becomes aware of it. The Contractor shalt be afforded an opportunity to participate in the defense and/or settlement of all such sUits and claims. Contractor is not bound by the amount of damages suffered in any litigation or sgttlement and/or defense of such litigation or claim.” 6. Upon request of the Contractor or in the best interests of the University, the Director reserves the authority to modify any conditions of this Article upon mutual acceptance between both parties. End of Documen Page 12 of 12 Appendix C consisting of 4 pages UNIVERSITY OF MASSACHUSETTS CONTRACT FOR SERVICES TERMS AND CONDITIONS (For Professional Services Over $10,000) (P.O. NoJL (Bid No.) -L __________________ This agreement is made, entered into, and effective on ________________________ by and between the University of Massachusetts Amherst, (hereinafter called “University”), an agency of the Commonwealth of Massachusetts and (Contractor’s legal name and address) (hereinafter called the “Contractor” and collectively the “Parties”). This agreement (the “Contract”) is comprised of the following documents, listed in the order of precedence: (I) this Contract for Services Terms and Conditions; (2) any Contract Amendments, as identified in Section 2, below; and (3) any attached Scope of Services as identified in Section 1, below, including any addenda thereto. The Contract for Services Terms and Conditions and any agreed upon changes thereto included in any Contract Amendments shall take precedence over any additional or conflicting terms and conditions as may be included in any other document attached hereto. Scope of Services. The Contractor agrees to perform the following services: or if applicable, those services described in the Attachment[s] attached hereto. Any Attachment attached hereto is made a part of this Contract and must be specifically labeled (e.g. “Attachment A, Scope of Services, consisting of ‘n’ pages”). Only the Scope of Services specifically referenced in this Contract and signed by the Parties’ authorized representatives shall apply. 2. Contract Amendments. The following amendments to the Contract have been executed by duly authorized representatives of the Parties and are attached hereto and incorporated herein: All amendments attached hereto must be specifically labeled (e.g. “Attachment B, Amendment No. I, consisting of ‘ii’ pages”). 3. Dates of Performance: From: _________________________ To: ____________________________ (Start Date) 4. (Completion Date) Responsible University Official: The University Official exercising managerial and budgetary control for this Contract shall be: (Name and Title) 5. Payment: A. The University shall compensate the Contractor for the services rendered at the rate of $_________________ per (e.g., hour, week, semester, project, etc.). B. In no event shall the Contractor be reimbursed for time other than that actually spent providing the described service(s). C. Payment will be made upon submittal and approval of the Contractor’s Invoice(s) that is (are) received Monthly ~._, Quarterly ._~., Other C (speciI~) ____________________________________________________________ D. Reimbursement for Travel and Other Contractor Expenses: fl All travel and meals are part of this Contract. No reimbursement will be made. Contractor will be reimbursed for pre-approved travel in an amount not to exceed $ ______________________ Copies of receipts must be submitted. Any expense claimed by the Contractor for which there isno supporting documentation shall be disallowed. EI Contractor will be reimbursed for OTHER expenses in an amount not to exceed $________________________ OTHER Expenses shall be limited to: ____________________________________________________________ Copies of receipts must be submitted. Any expense claimed by the Contractor for which there is no supporting documentation shall be disallowed. E. The total of all payments made against this Contract shall not exceed S______________________________________ Version 5-20 10— CFS 1 F. The University’s payment terms are net thirty (30) days from the date of receipt of Contractor’s invoice, with late penalty interest assessable at rates established by the Commonwealth after 45 days in accordance with Mass. Gen. Laws ch 29 § 29C and with. Commonwealth regulation 815 C.M.R. 4.00. 6. Certification. Contractor certifies under the pains and penalties of perjury that pursuant to Mass .Gen. Laws ch.62C, §49A, that the Contractor has filed all state tax returns, paid all taxes and complied with all applicable laws relating to taxes; and that pursuant to Mass. Gen. Laws ch.151A, §19A(b), has complied with all laws of the Commonwealth relating to contributions and payment in lieu of contributions to the Employment Security System; and, if applicable, with all laws of the Commonwealth relating to Workers Compensation, Mass. Gen. Laws ch.152 and payment of wages, Mass. Gen. Laws ch. 149, § 148. Pursuant to federal law, Contractor shall verify the immigration status of all workers assigned to the contract without engaging in unlawful discrimination; and Contractor shall not knowingly or recklessly alter, falsi~’, or accept altered or falsified documents from any such worker. 7. Conflict of Interest. Contractor acknowledges that it may be subject to the Massachusetts Conflict of Interest statute, Mass. Gen. Laws ch. 268A, and to that extent, Contractor agrees to comply with all requirements of the statute in the performance of this Contract. 8. Compliance With Laws. Contractor agrees to comply with all applicable local, state, and federal laws, regulations and ordinances in the performance of its obligations under this Contract. 9. Independent Contractor Status. The Contractor is an independent contractor and not an employee or agent of the University. No act or direction of the University shall be deemed to create an employer/employee or joint employer relationship. The University shall not be obligated under any contract, subcontract, or other commitment made by the Contractor. 10. Contractor’s Qualifications and Performance. In accordance with the terms and conditions of this Contract, the Contractor represents that it is qualified to perform the services set forth herein and has obtained all requisite licenses and permits to perform the services. In addition, the Contractor agrees that the services provided hereunder shall conform to the professional standards of care and practice customarily expected of firms engaged in performing comparable work; that the personnel flimishing said services shall be qualified and competent to perform adequately the services assigned to them; and that the recommendations, guidance, and performance of such personnel shall reflect such standards of professional knowledge and judgment. 11. Termination: A. Without Cause. This Contract may be terminated without cause by either party by giving written notice to the other at least thirty (30) calendar days prior to the effective date of termination stated in the notice. B. With Cause. If Contractor breaches any material term or condition stated herein or fails to perform or fUlfill any material obligation required by this Contract the University may terminate this Contract by giving written notice to the Contractor stating the circumstances of the breach at least seven (7) calendar days before the effective date of termination stated in the notice. Notwithstanding the foregoing, the notice of termination provided by the University may state a period during which the alleged breach may be cured by the Contractor, which cure shall be subject to approval by the University. In the event of a breach by Contractor, Contractor may be subject to any and all applicable contract rights and remedies available to the University. Applicable statutory or regulatory penalties may also be imposed. 12. Obligations in Event of Termination: A. Upon termination of this Contract, all finished or unfinished documents, data, studies, and reports prepared by the Contractor pursuant to this Contract shall become the property of the University. B. Upon termination of this Contract without cause, the University shall promptly pay the Contractor for all services performed to the effective date of termination, subject to offset of sums due the Contractor against sums owed by the Contractor to the University, and provided Contractor is not in default of this Contract and Contractor submits to the University a properly completed invoice, with supporting documentation covering such services, no later than thirty (30) calendar days after the effective date of termination. 13. Recordkeeping, Audit, and Inspection of Records. The Contractor shall maintain books, records and other compilations of data pertaining to the requirements of the Contract to the extent and in such detail as shall properly substantiate claims for payment under the Contract. All such records shall be kept for a period of six (6) years or for such longer period as is specified herein. All retention periods start on the first day after final payment under this Contract. If any litigation, claim, negotiation, audit or other action involving the records is commenced prior to the expiration of the applicable retention period, all records shall be retained until completion of the action and resolution of all issues resulting therefrom, or until the end of the applicable retention period, whichever is later. The Governor, the Secretary of Administration and Finance, the State Comptroller, the State Auditor, the Attorney General, the Federal grantor agency (if any), the University, or any of their duly authorized representatives or designees shall have the right at reasonable times and upon reasonable notice, to examine and copy, at reasonable expense, the books, records, and other compilations of data of the Contractor which pertain to the provisions and requirements of this Contract. Such access shall include on-site audits, review, and copying of records. Version 5-20 10— CFS 2 14. Political Activity Prohibited. The Contractor may not use any Contract finds and none of the services to be provided by the Contractor may be used for any partisan political activity or to further the election or defeat of any candidate for public office. 15. Title, Ownership. Unless provided otherwise by law or the University, title and possession of all data, reports, programs, software, equipment, furnishings, and any other documentation or product paid for with University funds shall vest with the University at the termination of the Contract. If the Contractor, or any of its subcontractors, publishes a work dealing with any aspect of performance under the Contract, or of the results and accomplishments attained in such performance, the University shall have a royalty-free non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use the publication. 16. Confidentiality/Privacy. The Contractor shall comply with all applicable state and federal laws and regulations relating to confidentiality and privacy. In addition, in the performance of this Contract, the Contractor may acquire or have access to “personal data” and become a “holder” of such personal data (as defined in Mass. Gen. Laws ch. 66A) or personal information (as defined in Mass. Gen. Laws ch. 93H). Personal data and personal information shall be deemed to be “Personal Information.” Contractor shall implement feasible safeguards to restrict access and ensure the security, confidentiality and integrity of all Personal Information owned, controlled, stored, or maintained by University and provided to or accessed by Contractor in the performance of services irrespective of the medium in which it is held. The Contractor agrees that it shall inform each of its employees, servants or agents, having involvement with Personal Information of the laws and regulations relating to confidentiality and privacy. 17. Assignment and Delegation. The Contractor shall not assign or in any way transfer any interest in this Contract without the prior written consent of the University, nor shall the Contractor subcontract any service without the prior written approval of the University. Any purported assignment of rights or delegation of performance in violation of this Section is VOID. 18. Nondiscrimination in Employment. The Contractor shall not discriminate against any qualified employee or applicant for employment because of race, color, national origin, ancestry, age, sex, religion, physical or mental handicap, or sexual orientation or a person who is a member of, applies to perform, or has an obligation to perform service in a uniformed military service of the United States, including the National Guard on the basis of that membership, application or obligation. The Contractor agrees to comply with all applicable Federal and State employment statutes, rules and regulations 19. Severability. If any provision of this Contract is declared or found to be illegal, unenforceable, or void, then both Parties shall be relieved of all obligations under that provision. The remainder of the Contract shall be enforced to the fullest extent permitted by law. 20. Choice of Law. This Contract is entered into in the Commonwealth of Massachusetts, and the laws of the Commonwealth, without giving effect to its conflicts of law principles, govern all matters arising out of or relating to this Contract and all of the transactions it contemplates, including, without limitation, its validity, interpretation, construction, performance and enforcement. 21. Forum Selection. The Parties agree to bring any action arising out of or relating to this Contract or the relationship between the Parties in the state courts of the Commonwealth of Massachusetts which shall have exclusive jurisdiction thereof. The Contractor expressly consents to the jurisdiction of the state courts of the Commonwealth of Massachusetts in any action brought by the Commonwealth or the University arising out of or relating to this Contract or the relationship between the Parties, waiving any claim or defense that such forum is not convenient or proper. This paragraph shall not be construed to limit any other legal rights of the Parties. 22. Force Majeure. Neither party shall be liable to the other or be deemed to be in breach of this Contract for any failure or delay in rendering performance arising out of causes beyond its reasonable control and without its fault or negligence. Such causes may include, but are not limited to, acts of nature or of a public enemy, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, or unusually severe weather. Dates or times of performance shall be extended to the extent of delays excused by this section, provided that the party whose performance is affected notifies the other promptly of the existence and nature of such delay. 23. Indemnification of University. The Contractor shall defend, indemniê, and hold harmless the Commonwealth, the University, its Trustees, Officers, servants, and employees from and against any and all claims, liability, losses, third party claims, damages, costs, or expenses (including attorneys’ and experts’ fees) arising out of or resulting from the performance of the services performed by the Contractor, its agents, servants, employees, or subcontractors under this Contract, provided that any such claims, liability, losses, third party claims, damages, costs, or expenses are attributable to bodily injury, personal injury, pecuniary injury, damage to real or tangible personal property, resulting therefrom and caused in whole or in part by any intentional or negligent acts or omissions àf the Contractor, its employees, servants, agents, or subcontractors. The foregoing express obligation of indemnification shall not be construed to negate or abridge any other obligation of indemnification running to the Commonwealth and/or the University that would otherwise exist. The University shall give the Contractor prompt and timely notice of any claims, threatened or made, or any law suit instituted against it which could result in a claim for indemnification hereunder. The extent of this Contract of indemnification shall not be limited by any obligation or any term or condition of any insurance policy. The obligations set forth above shall survive the expiration or termination of this Contract. 24. Risk of Loss. The Contractor shall bear the risk of loss of any Contractor materials used for a Contract and for all deliverables and work in process. Version 5-20 10— CFS 3 25. Tax Exempt Status. The University is exempt from federal excise, state, and local taxes; therefore, sales to the University are exempt from Massachusetts sales and use taxes. If the University should become subject to any such taxes during the term of this Contract, the University shall reimburse the Contractor for any cost or expense incurred. Any other taxes imposed on the Contractor on account of this Contract shall be borne solely by the Contractor. 26. Waivers. All conditions, covenants, duties and obligations contained in this Contract can be waived only by written agreement. Forbearance or indulgence in any form or manner by a party shall not be construed as a waiver, nor in any way limit the legal or equitable remedies available to that party. 27. Amendments. This Contract may be amended only by wriffen agreement of the Parties, executed by the Parties’ authorized representatives and in compliance with all other regulations and requirements of law. 28. Entire Agreement. The Parties understand and agree that this Contract and its attachments or amendments (if any) constitute the entire understanding between the Parties and supersede all other verbal and written agreements and negotiations by the Parties relating to the services under this Contract. 29. Notice. Unless otherwise specified, any notice hereunder shall be in writing addressed to the persons and addresses indicated below (Name, postal address, phone, email address): To the University: To the Contractor: Employees of the University shall not be held personally or contractually liable by or to the Contractor under any term or provision of this Contract or because of any breach thereof. This Contract is not binding until signed by an authorized University official. IN WITNESS WHEREOF, the Parties have caused this Contract to be executed by their respective duly authorized officers as of the date first above written. UNIVERSITY OF MASSACHUSETTS AMHERST CONTRACTOR _____________________________ Sig: Sig: Name: _____________________________________________ Name: Title: _________________________________________ (Authorized University Official) Title: Sig: _________________________________________ Name: _____________________________________________ Title: _____________________________________________ Sig: ______________________________________ Name: Title: _____________________________________________ Version 5-2010 — cFs 4 (Name) APPENDIX D BIDDER AFFIRMATION FORM Bidder Affirmation By Signature Hereon, A. Bidder affirms that he/she has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted bid. Failure to sign the bid may, or signing it with false statement shall, void the submitted bid or any resulting contracts, and the vendor will be removed from all bid lists. B. Vendor affirms that no affiliation exists between owners, officers, administrators, or employees of the bidder and the University which could be construed as a conflict of interest. C. Vendor has not received compensation for preparation of the specifications for this RFP. Person signing below acknowledges that s/he is an authorized representative of the bidder. Company Name: Address: Submitted By (Please print):_______________________________________________________ Signature: __________________________________________Date:__________________________________ Fax #: _______________________________________Telephone Email Address: #_______________________ ___________________________________ Request for Proposal Bidder Affirmation Form Energy Master Plan