The awarding authority's specifications shall contain a separate section for each of the following classes of work if, in the estimate of the awarding authority, the class of work will exceed ten thousand dollars: (a) roofing and flashing; (b) metal windows; (c) waterproofing, damp-proofing and caulking; (d) miscellaneous and ornamental iron; (e) lathing and plastering; (f) acoustical tile; (g) marble; (h) tile; (i) terrazzo; (j) resilient floors; (k) glass and glazing; (l) painting; (m) plumbing; (n) heating, ventilating and air conditioning; (o) electrical work, including direct electrical radiation for heating; (p) elevators; (q) masonry work. Such specifications shall also have a separate section for each other class of work for which the awarding authority deems it necessary or convenient.
Each separate section in the awarding authority's specifications shall specify by number each sheet of plans showing work to be done by the subcontractor under such section, and shall require the subcontractor to install all materials to be furnished by it under such section other than materials which, in the opinion of the awarding authority, it is not customary under current trade practices for such subcontractor to install and the installation of which is expressly required by another section of the specifications. Each class of work set forth in a separate section of the awarding authority's specifications pursuant to this section shall be a subtrade designated in the General Bid Form and shall be the matter of a subcontract.
The General Bid Form provided by the awarding authority shall provide a place for listing the names and prices of subcontractors for the seventeen classes of work specified above and for each other class of work included by the awarding authority pursuant to above procedures. The general contractor shall certify that each of the subcontractors listed on the General Bid Form will be used for the work indicated in the awarding authority's specifications at the amount agreed upon by the general contractor and subcontractor and so stated, unless a substitution is permitted by the awarding authority. The general contractor shall, with respect to each listed subcontractor, submit with its bid a certification, signed by the subcontractor, of the price agreed to by the subcontractor and the general contractor for the specified subcontract work.
The awarding authority shall have final right to make responsibility determinations with respect to subcontractors and to make the final determination as to whether a proposed subcontractor may work on the project. To facilitate the making of responsibility determinations the awarding authority may require the general contractor to provide reference information for some or all subcontractors. The awarding authority may require in the General Bid Form that the general contractor agree to perform a stated minimum percentage of work with its own forces.
General bids shall be for the complete work as specified and shall include the names of all subcontractors for any and all of the seventeen classes of work specified and for each other class of work for which the awarding authority has required a separate section pursuant to the above requirements and the dollar amounts of their subcontracts. The scope of subtrade work may not deviate from the scope as specified by the awarding authority in the bidding documents. If, in the opinion of the awarding authority, a general contractor has the experience and the capacity and capability to perform any of the seventeen classes of work or any other class of work included by the awarding authority pursuant to the above section, the general bidder may list itself as a subcontractor together with his price in the space provided in the General Bid Form. No such sub-bid by a general bidder shall be considered unless the general bidder can show to the satisfaction of the awarding authority, based on objective criteria established for such purpose, that it customarily performs such subtrade work and is qualified to do the character of work required by the applicable section of the specifications.
The awarding authority shall not permit substitution of a subcontractor listed in the general contractor's bid, except for good cause. The term "good cause" includes but is not limited to a subcontractor's : (1) Death or physical disability, if the listed subcontractor is an individual; (2) dissolution, if a corporation or partnership; (3) bankruptcy; (4) inability to furnish any performance and payment bond shown on the bid form; (5) inability to obtain, or loss of, a license necessary for the performance of the particular category of work; (6) failure or inability to comply with a requirement of law applicable to contractors, subcontractors, on construction, alteration, or repair projects; (7) failure to perform the agreement with the general contractor to execute a subcontract at the price agreed upon prior to submission of the General Bid Form. "Good Cause" is determined by the awarding authority subject to review and approval by the Inspector General.
Any request by the general contractor for substitution of a subcontractor listed in the general contractor's bid shall be accompanied by a certification, signed by the proposed substitute subcontractor, of the price agreed to by the proposed substitute subcontractor and the general contractor for the specified subcontract work.
Within five days after being notified of the award of a general contract by the awarding authority, or, in the case of an approval of a substitute subcontractor by the awarding authority, within five days after being notified of such approval, the general contractor shall present to each listed or substitute subcontractor (1) a subcontract in the form set forth in paragraph (c) of subsection (4) of M.G.L. c. 149, §44F and (2) a notice of the time limit for executing a subcontract. If a listed subcontractor fails within five days, Saturdays, Sundays and legal holidays excluded, after presentation of a subcontract by the general contractor selected by the awarding authority, to perform his agreement to execute a subcontract with such general contractor, contingent upon the execution of the general contract, the general contractor shall select another subcontractor, with the approval of the awarding authority. When seeking approval for a substitute subcontractor, the general contractor shall provide the awarding authority with all documents showing (a) the general contractor's presentation of a subcontract to the listed subcontractor and (b) communications to or from such subcontractor after such presentation. The awarding authority shall adjust the contract price to reflect the difference between the amount of the price of the new subcontractor and the amount of the price of the listed subcontractor if the new subcontractor's price is lower and may, in the sole discretion of the awarding authority, adjust such contract price if the new subcontractor's price is higher. In no event shall the adjusted contract price exceed the total price bid by the second lowest responsible and eligible general bidder.
No contractor who is currently subject to debarment by the state or federal government shall be eligible to serve as a general contractor or subcontractor on the project.
The general contractor shall, with respect to each listed subcontractor or approved substitute subcontractor, file with the awarding authority a copy of each executed subcontract within ten days, Saturdays, Sundays, and legal holidays excluded, of presentation of a subcontract to such subcontractor. The general contractor shall retain all records pertaining to the project, including records pertaining to subcontractors, consistent with M.G.L. c. 66, §1 et. seq.
The awarding authority shall contract with a qualified project manager. All written communication, including without limitation electronic communication, between the architect and the general contractor shall be copied to the project manager. At a minimum, the project manager shall review, approve and monitor the general contractor's schedule, closely monitor the project budget, review and make recommendations on applications for general contractor payments, oversee project scheduling, maintain a central file for project documentation, establish procedures for approval of contractor submittals, and assist in conducting final inspections.
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