AA14-RH-4834 - Automatic Transfer Switch for Draper Hall - Cover Sheet Specs l

AA14-RH-4834 – Automatic Transfer Switch for Draper Hall Page 1

UNIVERSITY OF MASSACHUSETTS-AMHERST Procurement Department

407 Goodell Bldg., 140 Hicks Way

Amherst, MA 01003-9334

Voice: 413-545-0361 Fax: 413-545-1643

Email: [email protected] Web Page: www.umass.edu/procurement (THIS IS NOT AN ORDER)

REQUEST FOR BID # AA14-RH-4834

Opening Date & Time: July 3, 2013 at 1:00 PM EDST

Requested by: Steve Grden, Metering & Controls Engineer

Department: Central Heating Plant

Phone: 413-530-0710

Date Prepared: 6/12/2013

Description Unit Price Extended Price

BIDS ARE REQUESTED TO PROVIDE AND DELIVER ONE (1)

AUTOMATIC TRANSFER SWITCH FOR DRAPER HALL PER THE

ATTACHED SPECIFICATIONS OR APPROVED EQUAL FOR THE

BID OPENING ON JULY 3, 2013@ 1:00 P.M. EDST

One each

Automatic Transfer Switch (Be sure to attach make, model,

specifications, technical data and warranty information with the bid

response)

Delivery Lead-time After Receipt of Order: _______________________

Total Bid Price >>>>>>>>>>>>>>>>>>

IMPORTANT INFORMATION

It is the bidder’s responsibility to insure that their bid is received in its entirety by the University of

Massachusetts, Procurement Department, 407Goodell Building, 140 Hicks Way, Amherst, MA 01003-9334

by 1:00 PM on the bid opening date specified above. Bids received after the specified date/time or at a

location other than what is listed in the RFB will be rejected and placed unopened in the bid file. Bids may be faxed provided that they are followed up by a hard copy with written signature within 5 days of the bid date. All faxed bids must be

received by the Procurement fax by the date and time of the bid above. No electronic bids will be accepted.

All prices are FOB Destination, delivery free of all charges to: University of Massachusetts Amherst at a location specified on a purchase order.

Bidders must list their Taxpayer’s Identification Number here:___ ___- ___ ___ ___ ___ ___ ___ ___

Bid may not be materially altered after the bids have been opened. Only the Director of Procurement can determine what a material alteration is.

All prices must be submitted on a Net Basis. Unit price shall prevail in case of mathematical error. Payment 30 days.

Bids on items that differ from specifications will be rejected at the discretion of the Director of Procurement. Proprietary names are quoted for

informational purposes only and are not meant to limit competition. The right is reserved to accept the bid deemed best for the University.

Exceptions to any terms and conditions contained herein or in the bid specifications, must be noted by bidder in bid. The Director of Procurement

reserves the right to reject any bid that does not conform to the specifications. Your signature below signifies that your company complies with the RFB.

Vendor Name: ______________________________________________________________________________

Address: ______________________________City: ________________________ State: ______ ZIP: ________

Telephone: _________________ FAX: __________________E-Mail Address: __________________________

Name of Person Submitting Bid: ________________________________________________________________

Authorized Signature: ________________________________________________________________________

R# 40272873– Federal & State & Grant Funded – 13-1745

mailto:[email protected]

http://www.umass.edu/procurement


University of Massachusetts Amherst Department of Procurement

Request for Bids:

Automatic Transfer Switch for Draper Hall

per the following specifications or approved equal

RFB# AA14-RH-4834

Bid Opening Date – July 3, 2013 @ 1:00 p.m. EDST

The Central Heating Plant a Division of the Physical Plant at the University of Massachusetts Amherst is seeking bids

to provide and deliver one (1) automatic transfer switch for the Draper Hall Project per the following specifications or

approved equal.

Notice: The specifications for material and drawings supplied are for two (2) generator projects – Draper Hall and

the Cold Storage buildings. This project is only for Draper Hall. So, bidders are asked to bid ONLY on the Draper

Hall portion.

Special Note: Bid Responses will be accepted for:

The Diesel Generator under RFB# AA14-RH-4833 ONLY.

The Automatic Transfer Switch under RFB# AA14-RH-4834 ONLY.

The Electrical Panel Boards under RFB# AA14-RH-4835 ONLY.

SPECIFICATIONS

This request is for “MATERIALS ONLY.”

There is no expectation of labor or installation by the vendor.

Delivery Date: On or before September 1, 2013 or as agreed up with Mr. Steve Grden, Metering and

Controls Engineer at UMass Amherst.

Delivery:

Items ordered against this RFB shall be delivered daily, Monday through Friday, free of all charges, to the customer

designation location, names at the time or order placement. These locations include but are not limited to central

locations or to the customer’s individual building location. The vendor is responsible for contacting each University

location for hours of receiving deliveries.

Delivery: FOB Destination, Amherst, MA

All shipping and delivery charges to the University of Massachusetts Amherst are to be included within the bid price.

Any merchandise damaged by the shipper will not be accepted and will not be paid for.

The vendor must give 48-hour notice of delivery to Mr. Steve Grden – see below for details.

Delivery may be refused for failure to give notice.


To arrange for delivery, please contact:

University of Massachusetts

Mr. Steve Grden, Metering and Controls Engineer

Central Heating Plant

200 Mullins Road

Amherst, MA 01003

Phone: 413-530-0710 / E-Mail: [email protected]

SPECIFICATIONS: AUTOMATIC TRANSFER SWITCH

PART 1– GENERAL

1.1 GENERAL REQUIREMENTS

A. Conditions of the Contract and Division 01, General Requirements, shall be made part of this Division.

B. Refer to the drawings for further definition of location, extent, and details of the work described herein.

C. Where referred to, standard specifications of technical Societies, Manufacturer’s Associations, and

Federal Agencies shall include all amendments current as the date of issue of these Specifications.

D. It is intended, for the guidance of the bidders, that the Manufacturer’s name used first throughout this

Division of the Specification, is that used in the design of the Electrical system. All material submitted

shall be equal in all respects to that used in the design.

1.2 WORK INCLUDED

A. Examine all Drawings and other Divisions of Specifications for requirements that affect work of this

Division 26.

B. Perform work and provide materials and equipment as shown on the Drawings and as specified herein.

Work shall include, but not be limited to, all labor, materials, tools, equipment, insurance, transportation,

temporary protection, supervision, and incidental items required for a complete installation. Drawings and

specifications form complimentary requirements; provide work specified and not shown on drawings and

work shown on drawings and not specified as though explicitly shown on both. Completely coordinate

work of this Division with work of other Divisions and Trades to provide a complete and functional

installation.

C. Provide all equipment and materials required to furnish and install all Electrical work, complete as shown

on the drawings and noted herein. The following are major items of work included:

1. Submittals

2. Equipment and Systems:

a. Panelboards

b. Packaged Engine Generators

c. Automatic Transfer Switches

3. Manufacturer Representation

4. Short Circuit and Coordination Study.

5. Electrical acceptance tests.

6. Operation and Maintenance (O&M) Manuals.

7. System startup, demonstration and training.

mailto:[email protected]


1.3 EXAMINATION

A. Examine the Specifications and Drawings

B. Report in writing, any discrepancies or deficiencies which may adversely affect the work, at least six days

prior to close of bid.

C. No allowance will be made for any difficulties encountered due to any features of the building, site or

surrounding public and private property that existed up to the time of bid.

1.4 CODES, STANDARDS, AND REGULATIONS

A. Electrical work shall comply with the latest editions of the following codes which have been accepted by

local authorities:

1. IBC – International Building Code with State Amendments

2. Massachusetts State Building Code

3. Massachusetts State Energy Code

4. NFPA 13 – Sprinkler Systems

5. NFPA 70 - National Electrical Code with State Amendments

6. NFPA 72 - National Fire Alarm Code with State Amendments

7. NFPA 101 - Life Safety Code

8. ANSI C2 - National Electrical Safety Code

9. NFPA 110 – Emergency and Standby Power Systems

B. Electrical work shall comply with the current standards of the following organizations:

1. ADA - Americans with Disabilities Act

2. IEEE - Institute of Electrical and Electronics Engineers

3. IES - Illuminating Engineering Society

4. EIA/TIA - Electronic Industries Association/Telecommunications Industry Association

a. EIA/TIA-568 Commercial Building Wiring Standard.

b. EIA/TIA-569 Commercial Building Standard for Telecommunication Pathways and Spaces.

5. OSHA - Occupational Safety and Health Act

6. FM - Factory Mutual Association

7. UL - Underwriters' Laboratories

8. ANSI - American National Standards Institute

9. NEMA - National Electric Manufacturers Association

10. ASTM - American Society for Testing and Materials

11. Owner’s Insurance Underwriter

12. ANSI/NECA 1-2010 – Standard Practice for Good Workmanship in Electrical Contracting.

C. When requirements listed in this Division conflict with each other, with the contract documents or with the

requirements of applicable Codes, Standards or Regulations, the most stringent requirements shall apply.

D. In addition to complying with the specified requirements, comply with pertinent regulations of

governmental agencies and Authorities Having Jurisdiction (AHJ) including local and state building,

plumbing, mechanical, electrical, fire, and health department codes and standards.


1.5 SUBMITTALS

A. Refer to DIVISION 01 - Submittals and specifications for shop drawing requirements. Without limiting the

generality thereof, the Electrical Subcontractor shall also submit the additional information noted herein.

B. General: Follow the procedures specified in Division 01. Unless otherwise noted in Division 01 the

required shop drawing submittals shall be reviewed and returned for two full or partialsubmissions as part

of the base Engineering scope of services. All additional submittal reviews shall be billed to the general

contractor at $750.00 per submittal.

C. Substitutions: The Division 26 contractor shall submit on the system, components, materials, manufacture,

etc. utilized by the Engineer as the “Basis of Design.” The contractor shall be allowed to utilize one of the

listed manufacturers for items that are not listed with a “Basis of Design.” When a substitution is allowed

by the Architect and/or Engineer it shall be the full responsibility of the Division 26 contractor to

coordinate all differences with field conditions, owner, owners representatives, commissioning agent, other

trades, etc.. Any costs and schedule delays due to changes, modifications, redesigns, removal and

replacement created by the contractors substitution or failure to coordinate substitution shall be the

responsibility of the contractor.

D. Shop drawings of equipment furnished under this Division shall include, but not be limited to, all items

listed under Division 26 – “WORK INCLUDED” and listed within this specification.

E. Do not manufacture, deliver or install equipment and materials until final review of Shop Drawings has

been completed.

F. Prior to submission of Shop Drawings, thoroughly check each shop drawing to ascertain that it complies

with the Contract requirements; that the electrical characteristics are correct; and that the dimensions of

work submitted fit the available space. Any deviations from the Contract requirements shall be clearly noted

on the Shop Drawings. Stamp each submittal with his firm’s name, date and approval, thereby representing

that the above has been complied with. Shop Drawings not so checked and stamped, shall be returned

without being examined. Review of the Shop Drawings shall not relieve the manufacturer from the

responsibility for departures from the Contract Documents. Errors in shop drawings shall be the sole

responsibility of the Electrical Subcontractor whether the drawings are reviewed or not.

G. Each Shop Drawing shall indicate clearly the correct name and address of the project, the intended use and

location of the equipment, and the specified designated number.

H. Bind one set of the corrected “Reviewed” Shop Drawings in each Operation and Maintenance Instructions

Manual. Refer to DIVISION 01 - SUBMITTALS, DIVISION 01 - PROJECT CLOSEOUT.

1.6 OPERATION AND MAINTENANCE DATA

A. Prepare maintenance manuals in accordance with Division 01 Section "PROJECT CLOSEOUT." In

addition to the requirements specified in Division 01, include the following information for equipment

items:

1. Description of function, normal operating characteristics and limitations, performance curves,

engineering data and tests, and complete nomenclature and commercial numbers of replacement

parts.

2. Manufacturer's printed operating procedures to include start-up, break-in, and routine and normal

operating instructions; regulation, control, stopping, shutdown, and emergency instructions; and

summer and winter operating instructions.


3. Maintenance procedures for routine preventative maintenance and troubleshooting; disassembly,

repair, and reassembly; aligning and adjusting instructions.

4. Servicing instructions and lubrication charts and schedules.

B. The minimum information that shall be furnished in the maintenance manual shall include the following:

1. Individual characteristics for trouble shooting sequences for each item of each:

a. Panelboards.

b. Packaged engine generators.

c. Transfer switches, automatic and manual.

2. Catalog cut sheets for every item for which a shop drawing is required.

3. Schedule of loads served from each:

a. Panelboards.

b. Packaged engine generators.

c. Transfer switches, automatic and manual.

4. On-hand spare parts list and complete parts list for each:

a. Panelboards.

b. Disconnect switches and circuit breakers.

c. Packaged engine generators.

d. Transfer switches, automatic and manual.

e. Fire alarm system.

5. Bolt tightening torques and inspection intervals on each:

a. Bolted bus connection.

b. Cable connection.

c. Miscellaneous bolted electrical connections.

6. Manufacturers' recommended cleaning intervals and special procedures for each:

a. Cooling fins.

b. Electrical equipment interior.

c. Electrical equipment ventilation opening.

7. Main and arcing contact adjustment and replacement for each:

a. Automatic transfer switch.

b. Contactor.

c. Circuit breaker.

8. Calibration and exercise procedures and intervals for each:

a. Automatic transfer switch.

b. Generator set.

c. Molded case breaker.

9. "As designed" and "as left" adjustable circuit breaker settings.

10. Testing interval and target values for ground fault protection circuit relays.

11. Testing and troubleshooting procedures unique to special systems.

12. Approved special construction details that differ from the details shown on Drawings.

1.7 SHORT CIRCUIT, COORDINATION, AND ARC FLASH STUDY

A. General: A study incorporating the following items shall be performed and submitted for review and

approval.

1. Short Circuit Study

2. Overcurrent Protective Device Coordination and Evaluation Study

3. Arc Flash Hazard Study

4. Load Flow Analysis


B. Description of Work

1. The study shall include all portions of the electrical distribution system from the normal incoming

primary and/or secondary sources, the emergency and/or standby power sources, down to and

including all panels and electrical distribution equipment in the distribution system. The study shall

include all existing equipment affected by the scope of the project work.

2. The studies shall be prepared to demonstrate that all electrical equipment is supplied with adequate

ratings. The study shall demonstrate that the protective device system is properly coordinated

calibrated, adjusted, set and tested.

3. The studies shall be submitted to the design engineer prior to receiving final approval of the

distribution equipment shop drawings and/or prior to release of equipment drawingsfor

manufacturing. The contractor shall be responsible for completing and submitting the study prior to

submission and approval of the distribution equipment.

4. The electrical distribution equipment manufacturer shall provide their equipment as required to meet

the ratings and settings determined by the study.

5. The contractor shall be responsible for coordinating and implementing all recommendations and

labeling identified by the study.

C. Qualifications

1. The study shall be prepared in conformance with industry practices, standards, and with other

technical data approved by the Engineer.

2. The study shall be performed by a firm specializing in power system studies and analysis. The firm

shall be one of the following:

a. Electrical distribution equipment manufacturer services division of Eaton-Cutler Hammer,

General Electrical, or Square D.

b. Coordinated Power Systems, Inc (Hales Corner, WI)

c. Power Engineers, LLC (Kingston, MA)

3. The study shall be performed by a registered professional engineer in accordance with ANSI/IEEE

Standard 242-2001, "Recommended Practice for Protection and Coordination of Industrial and

Commercial Power Systems." The study engineer shall be a full time employee of the firm and shall

have a minimum of five (5) years experience in power system studies and analysis. The study

engineer shall be licensed in the state in which the project is being performed, and the study shall

include the engineer’s stamp, signature and qualifications.

4. The analysis shall be performed with software complying with the latest applicable IEEE and ANSI

standards. Acceptable programs are SKM System Analysis Power Tools or EasyPower.

D. Submittals

1. Submit the study as a shop drawing in compliance with all the requirements identified in Division 1

and these specifications. The study shall be submitted as a hard copy or electronic copy in

compliance with the project requirements

2. The study shall be submitted in color, with full size prints of all one-line diagrams.

3. The final study shall be provided in electronic and hard copy format as part of the project Operations

& Maintenance manuals as defined elsewhere in these specifications.

E. Data Collection

1. The Contractor shall be responsible for obtaining all data required to complete the study.

2. The Engineer performing the study shall furnish the Contractor with a listing of required data

immediately after award of the contract. The Contractor shall expedite collection of the data to

assure completion of the studies as required for final approval of the distribution equipment shop

drawings and/or prior to the release of the equipment for manufacturing.

3. The Contractor shall coordinate with the power/utility company for site specific data required to

complete the study.


4. The studies shall utilize actual conductor lengths and transformer impedances.

F. Short Circuit Study

1. Perform a study to verify the ratings of all equipment in the system. The calculations shall verify

that all components of the electrical distribution system are adequately rated to withstand and

interrupt the assumed fault for all source combinations.

2. Calculate the short circuit momentary and interrupting duties for a three phase bolted fault at each of

the following:

a. Electric utility’s termination point

b. Incoming switchgear

c. Unit substation primary and secondary terminals

d. Low voltage switchgear and switchboarde. Motor control centers

f. Emergency/standby generator(s) and automatic transfer switch(es)

g. Distribution panels and branch circuit panelboards

h. All other electrical distribution equipment throughout the system

3. Provide calculation methods and assumptions, the base per unit quantities selected, one-line

diagrams, source impedance data including power company system characteristics, typical

calculations, tabulations of calculation quantities and results, conclusions, and recommendations.

4. The fault impedance diagram shall be prepared to reflect the system impedance of power sources

available to supply the building or facility, and the impedance of the new power system components

for the facility. The SCCA available at each fault location shall be shown in tabular form on the

diagram for a bolted line-to-line fault and a line-to-ground fault.

5. For grounded systems, calculate the bolted line-to-ground fault for all applicable buses defined for

the three phase bolted fault calculation.

6. Evaluate the protective device and equipment and compare to the short circuit ratings. Evaluate the

adequacy of all distribution equipment bus bars to withstand short circuit stresses.

7. Notify the Owner in writing of any existing devices and equipment in the system that are improperly

rated for the calculated fault current.

G. Protective Device Coordination Study

1. The study shall demonstrate the coordination achieved by the system of protective devices.

2. Selective Coordination

a. Normal Power System: All overcurrent protective devices in the normal power system shall

be selectively coordinated for a duration of 0.1 seconds and longer.

b. Emergency Power System: All overcurrent protective devices in the emergency power

system shall be selectively coordinated. The first overcurrent device in the normal system

that serves a branch of the emergency system shall be included in this evaluation and shall be

selectively coordinated. The selective coordination shall be in compliance with the National

Electric Code, and shall include all emergency and elevator distribution systems.

c. If a mis-coordination exists, the study engineer shall evaluate the manufacturer’s laboratory

test data for the specific overcurrent device combination. The study engineer shall identify

any remaining mis-coordination and shall recommend the correct overcurrent device for that

manufacturer to provide the required level of coordination.

3. Calculation guidelines and requirements

a. Provide protective device time-current curves (TCC) as follows:

1) TCC’s displayed on a log-log scale graphs.

2) On each TCC, include a title, and partial one-line diagram identifying the specific

portion of the system covered by the graph, with each device labeled, corresponding

with the overall one-line diagram.

3) Identify the device associated with each curve by manufacturer, type, function, and if

applicable, the tap, time delay and instantaneous settings recommended.


4) Provide adequate time margins, as identified by IEEE Std. 242, between device

characteristics such that the specified level of selective coordination is demonstrated,

while maintaining proper protection.

5) Where ground fault protection is specified in the design, provide TCC graphs

demonstrating coordination and setting recommendations for ground fault devices.

6) The following characteristics shall be plotted on the TCC graphs, as applicable.

a) Electric utility’s overcurrent protective device.

b) Medium voltage equipment overcurrent relays

c) Medium and low voltage fuses including manufacturer’s minimum melt, total

clearing, tolerance, and damage bands

d) Low voltage equipment circuit breaker trip devices, including manufacturer’s

tolerance bands

e) Transformer full-load current, magnetizing inrush current, and ANSI through-

fault protection curves

f) Medium voltage conductor damage curves

g) Ground fault protective devices, as applicable

h) Pertinent motor starting characteristics and motor damage points, where

applicable

i) Pertinent generator short-circuit decrement curve and generator damage point

j) The largest feeder circuit breaker in each motor control center and applicable

panelboard.

4. The study shall include all data related to protective devices proposed as such data relates to the

nameplate data, time-current characteristics, and the fixed or adjustable features of the protective

devices. These data shall include:

a. The time-current characteristic curves published by the manufacturer of the protective

devices or equipment having adjustable time-current characteristics.

b. Data published by the manufacturer of circuit breakers or protective relays which contain

installation, operation and maintenance instructions for calibration, adjustment, setting, and

testing of the specific protective device.

c. Composite time-current characteristic curves for primary, secondary and other related

devices, as required to ensure coordinated power system protection between protective

devices or equipment.

H. Arc-Flash Hazard Study

1. Perform an arc-flash hazard analysis in accordance with requirements and recommendations of

IEEE 1584 and NFPA 70E.

2. Calculate the flash protection boundaries and incident energy for all equipment in the electrical

distribution system as defined for the studies above. This shall include 208V systems served from

transformers smaller than 125kVA.

3. Calculation guidelines and requirements

a. Safe working distances shall be based on IEEE 1584 AND NFPA 70E, with the more

stringent requirements applied. The calculated arc flash protection boundary shall be

determined using those working distances, and considering an incident energy of 1.2 cal/cm2.

b. When appropriate, the short circuit calculations and the clearing times of the phase

overcurrent devices will be retrieved from the short-circuit and coordination study model.

Ground overcurrent relays should not be taken into consideration when determining the

clearing time when performing incident energy calculations.

c. The short-circuit calculations and the corresponding incident energy calculations for multiple

system scenarios must be compared and the greatest incident energy must be uniquely


reported for each equipment location in a single table. Calculations must be performed to

represent the maximum and minimum contributions of fault current magnitude for normal

and emergency operating conditions. The minimum calculation shall assume that the utility

contribution is at a minimum. Conversely, the maximum calculation shall assume a

maximum contribution from the utility. Calculations shall take into consideration the parallel

operation of synchronous generators with the electric utility, where applicable as well as any

stand-by generator applications.

d. The incident energy calculations must consider the accumulation of energy over time when

performing arc flash calculations on buses with multiple sources. Iterative calculations

must take into account the changing current contributions, as the sources are interrupted or

decremented with time. Fault contribution from motors should be decremented as follows:

1) Fault contribution from induction motors should not be considered beyond 5

cycles.

2) Fault contribution from synchronous motors and generators should be

decayed to match the actual decrement of each.

e. For each piece of equipment (ANSI-rated) with an enclosed main device, calculations shall

be made on both the line and load side of the device. For all other non-ANSI rated

equipment, only one calculation shall be required and it shall be based on a device located

upstream of the equipment to clear the arcing fault.

f. When performing incident energy calculations on the line side of a main breaker (as required

per above), the line side and load side contributions must be included in the fault calculation.

g. Mis-coordination should be checked amongst all devices within the branch containing the

immediate protective device upstream of the calculation location and the calculation should

utilize the fastest device to compute the incident energy for the corresponding location.

h. Arc Flash calculations shall be based on actual overcurrent protective device clearing time. A

maximum clearing time of 2 seconds will be used based on IEEE 1584-2002 section B.1.2.

Where it is not physically possible to move outside of the flash protection boundary in less

than 2 seconds during an arc flash event, a maximum clearing time based on the specific

location shall be utilized.

i. Perform a calculation iteration for “maintenance mode” that identifies results when all

protective devices are set to their minimum instantaneous settings.

4. Provide samples of all arc-flash hazard labels as part of the study. The final labeling and calculations

shall be based on any modifications to the distribution system as a result of these studies or as a

result of modifications to the system during construction.

5. Based on all final information from the Contractor, provide arc-flash hazard labels in accordance

with NFPA 70E and the following.

a. Provide labels for all equipment and devices analyzed as part of the study.

b. Labels shall be 4” x 5” thermal transfer type labels manufactured of high adhesion, UV

resistant polyester.

c. Labels shall be machine printed, with no field markings.

d. Labeling shall be based on the device settings recommended in the study provided the

contractor has confirmed in writing that all recommended settings have been implemented.

e. At a minimum, labels shall include the following information.

1) Equipment/location identification

2) Voltage

3) Flash protection boundary

4) Hazard risk category

5) Arc flash incident energy value

6) Personal protective equipment category

7) Limited, restricted, and prohibited approach boundaries


8) Study/report identification and final issue date.

I. Study Report

1. The report shall include, but not be limited to, the following sections and components.

2. Executive summary, introduction, and description of the scope of work.

3. Demonstration of qualifications, including firm and engineer experience, professional engineering

stamp and software analysis tools used.

4. All input data used for the study, including utility company equipment information.

5. Description of short-circuit analysis, results and recommendations.

6. Short-circuit device and equipment evaluation table.

7. Description of coordination analysis, results and recommendations.

8. Protective device TCC graphs. 9. Protective device setting recommendation table identifying settings for all adjustable device

parameters.

10. Arc flash hazard methodology, analysis, results and recommendations. Description shall include

explanation of incident energy and flash protection boundary calculations, boundary distances,

working distances, incident energy values, and personal protective equipment (PPE) requirements.

11. Arc flash calculation results in tabular format.

12. Proposed arc flash labeling for all equipment. Note that the contractor shall not utilize the arc flash

labeling until the final study has been approved and the study engineer has provided final arc flash

labels.

13. One-line diagram identifying all equipment buses, bus labels used in study, and cable and bus

connections. The diagram shall include the short-circuit analysis results for each device and/or bus

location.

J. Implementation

1. The contractor shall adjust relay and protective device settings in accordance with the

recommendations of the studies.

2. Arc-flash hazard labeling shall be applied as instructed by the study, and in accordance with NFPA

70E.

K. Utility/Power Company Approval: Where required, copies of the final report shall be submitted to the

power company for their review and approval.

L. Training: The contractor performing the arc-flash hazard analysis shall train the Owner’s qualified electrical

personnel of the arc-flash hazards associated with working on energized electrical equipment. Provide a

minimum of 4 hours training, and coordinate the training schedule with the Owner. The training session

shall be sertifced for continuing education units (CEU’s) by the International Association for Continuing

Education Training (IACET), or approved equivalent.

1.8 GUARANTEE

A. Conform to the requirements of Division 01 Section “Project Close-out.”

B. All equipment, material and workmanship shall be unconditionally guaranteed, as set forth in the Contract,

or for longer periods when stated in the Specifications. Extensions to the standard equipment warranty

periods shall be arranged by the Electrical contractor to enable the period to commence upon beneficial

usage by the Owner.

C. If any equipment or material does not match the manufacturer’s published data or specifically supplied

rating schedules during performance tests, replace without delay the defective equipment or materials. Bear


all associated costs and adjust all components at no charge to the Owner and adjust all components to

achieve the proper rating.

D. Correct defects and deficiencies, and pay for resulting damage to Mechanical or other work, and to

property and person, which appear or originate during the guaranteed period

E. The Owner shall give notice of observed defects promptly in writing.

1.9 MANUFACTURERS REPRESENTATIVE

A. Provide, at the appropriate time and/or as directed by Engineer/Owner, the services of a competent

factory-trained Engineer of each piece of equipment. Manufacture representative shall inspect, adjust,

troubleshoot and place in proper operating condition any and all items of the manufacturer.

B. Refer to the individual specification paragraphs for additional Manufacturer representative requirements.

C. Site visits and Field/Startup Reports

1. Prepare field/startup reports in accordance to Division 1 and, in addition, adhere to the following:

a. Provide field report as for each site visit.

b. Manufacturer shall check-in with owner or project representative at each field visit.

c. Report shall include at a minimum:

1) Date, Time and weather conditions

2) Present during visit

3) Reason for visit

4) Standard manufacturer’s startup forms/checklists

5) Results of visit

6) Any deficiencies requiring repair/replacement

7) Follow-up actions required

2. Submit reports for approval.

3. Include approved reports in close out documents

PART 2 – PRODUCTS

2.1 PANEL BOARDS – Refer to RFB# AA14-RH-4835: www.umass.edu/procurement Click on: Bids /

General Bids / Open Bids

2.2 PACKAGED ENGINE GENERATOR - Refer to RFB# AA14-RH-4833 : www.umass.edu/procurement

Click on: Bids/ General Bids/ Open Bids

2.3 TRANSFER SWITCHES

A. General:

1. Draper Hall: The project requires one ATS (Automatic Transfer Switch). The Standby (SB) branch

ATS (Amperage as indicated on plans) shall be a 3-Pole unit required to transfer within 30 seconds

after loss of power. The ATS will include the engine generator exerciser unit. The transfer switch

shall be monitored by the generator annunicator and control panel, and appropriate signal cabling

shall be provided. Transfer switches will be required to interface with fire alarm system and

building management system.





B. Available Manufacturers: Subject to compliance with requirements, manufacturers offering products that

may be incorporated into the Work include the following:

1. Conventional Transfer Switches:

a. Automatic Switch Co.

b. Caterpillar, Inc.; Engine Division.

c. Cummins Power Generation

d. Kohler Company; Generator Division.

e. Russelectric, Inc.

C. General Transfer-Switch Product Requirements

1. Units Smaller than 600 A: Listed without derating for all classes and all mixtures of classes of loads,

including 100 percent tungsten filament lamp or 100 percent inductive load.

2. Tested Fault-Current Closing and Withstand Ratings: Adequate for duty imposed by protective

devices at installation locations in Project under the fault conditions indicated based on testing

according to UL 1008.

a. Where External Circuit Breaker or Fuses Protect Transfer Switch: Products are listed for use

with the actual devices providing the fault-current protection at each location for Project.

Rated fault-current, withstand-duration times include the following:

1) Units Protected by Molded-Case Circuit Breakers 150 A and Less: 1.5 cycles.

2) Units Protected by Molded-Case Circuit Breakers Larger than 150 A: 3 cycles.

3. Annunciation and Control Interface Components: Devices at transfer switches for communicating

with remote annunciators or annunciator and control panels have communications capability matched

with the remote device.

4. Solid-State Controls: Repetitive accuracy of all settings is plus or minus 2 percent or better over an

operating temperature range of minus 20 deg C to 70 deg C.

5. Resistance to Damage by Voltage Transients: Components meet or exceed voltage-surge withstand

capability requirements when tested according to ANSI C37.90.1. Components meet or exceed

voltage-impulse withstand test of NEMA ICS 1.

6. Neutral Terminal: Where 2- or 3-pole switches are indicated, provide fully rated, solid, unswitched

neutral terminal, unless otherwise indicated.

7. Four-Pole Switches: Where 4-pole switches are indicated, provide neutral switching.

8. Oversize Neutral: Ampacity and switch rating of neutral path through units indicated for oversize

neutral shall be double the nominal rating of the circuit in which the switch is installed.

9. Enclosures: General-purpose NEMA 250, Type 1, complying with NEMA ICS 6; UL 508, unless

otherwise indicated.

10. Heater: Equip switches exposed to outdoor temperature and humidity conditions, and other units

indicated, with an internal heater. Provide thermostat within enclosure to control heater.

11. Factory Wiring: Train and bundle factory wiring and label consistent with Shop Drawings, either

by color code or by numbered or lettered wire and cable tape markers at terminations.


a. Designated Terminals: Pressure type suitable for types and sizes of field wiring indicated.

b. Power-Terminal Arrangement and Field-Wiring Space: Suitable for top, side, or bottom

entrance of feeder conductors as indicated.

c. Control Wiring: Equipped with lugs suitable for connection to terminal strips.

12. Electrical Operation: Accomplish by a nonfused, momentarily energized solenoid or electric

motor-operated mechanism, mechanically and electrically interlocked in both directions.

13. Switch Characteristics: Designed for continuous-duty repetitive transfer of full-rated current

between active power sources.

a. Limitation: Switches using molded-case switch or insulated-case circuit-breaker components

and switches using contactors not designed for continuous-duty repetitive switching

between active power sources are not acceptable.

b. Switch Action: Double throw; mechanically held in both directions.

c. Switch Contacts: Silver composition for load current switching. Conventional automatic

transfer-switch units rated 225 A and greater have separate arcing contacts.

D. Automatic Transfer Switch

1. Comply with Level 1 equipment according to NFPA 110.

2. Manual Switch Operation: Manually operated under load, with the door closed, and with either or

both sources energized. Transfer time is the same as for electrical operation. Control circuit

automatically disconnects from electrical operator during manual operation.

3. Digital Communications Interface: Full-duplex RS 422 type, matched to capability of remote

annunciator or annunciator and control panel.

4. Transfer Switches Based on Molded-Case Switch Components: Comply with UL 489, UL 869, and

NEMA AB 1.

E. Automatic Transfer-Switch Features

1. Voltage sensing for each phase of normal source. Pickup voltage is adjustable from 85 to 100

percent of nominal, and dropout voltage is adjustable from 75 to 98 percent of pickup value. Factory

set for pickup at 90 percent and dropout at 85 percent.

2. Time delay for override of normal-source voltage sensing delays transfer and engine start signals.

Adjustable 0 to 6 seconds and factory set at 1 second.

3. Voltage/Frequency Lockout Relay: Prevents premature transfer to an emergency generator set.

Pickup voltage is adjustable from 85 to 100 percent of nominal. Factory set to pickup at 90 percent.

Pickup frequency is adjustable from 90 to 100 percent of nominal. Factory set to pickup at 95

percent.

4. Time Delay for Retransfer to Normal Source: Adjustable from 0 to 30 minutes and factory set at 10

minutes. Provides automatic defeat of the delay on loss of voltage or sustained undervoltage of the

emergency source, provided normal supply has been restored.

5. Test Switch: Simulates normal-source failure.

6. Switch-Position Pilot Lights: Indicate source to which load is connected.


7. Source-Available Indicating Lights: Supervise sources via the transfer-switch, normal- and

emergency-source sensing circuits.

a. Normal Power Supervision: Green light with nameplate engraved "Normal Source

Available."

b. Emergency Power Supervision: Red light with nameplate engraved "Emergency Source

Available."

8. Unassigned Auxiliary Contacts: 2 normally open single-pole, double-throw contacts for each switch

position, rated 10 A at 240 V, ac.

9. Transfer Override Switch: Overrides automatic retransfer control so automatic transfer switch will

remain connected to emergency power source regardless of the condition of the normal source. A

pilot light indicates override status.

10. Engine Starting Contacts: 1 isolated, normally closed and 1 isolated, normally open. Contacts are

gold flashed or gold plated and rated 10 A at 32 V, dc minimum.

11. Engine Shutdown Contacts: Instantaneous. Initiates shutdown sequence at remote engine-generator

controls after retransfer of load to normal source.

12. Engine-Generator Exerciser: Solid-state, programmable-time switch starts engine-generator set and

transfers load to it from normal source for a preset time, then retransfers and shuts down engine

after a preset cool-down period. Initiates exercise cycle at preset intervals adjustable from 7 to 30

days. Running periods are adjustable from 10 to 30 minutes. Factory-set periods are for 7 days, 20

minutes, and 5 minutes, respectively. Exerciser features include the following:

a. Exerciser Transfer Selector Switch: Permits selection between exercise with and without

load transfer.

b. Push-button programming control with digital display of settings.

c. Integral battery operation of time switch when normal control power is not available.

F. Control System

1. Functional Description: An integral control panel provides the following functions at indicated

transfer switches:

a. Sources-available indication, as defined by actual pickup and dropout settings of transfer-

switch controls.

b. Switch-position indication.

c. Switch in test-mode indication.

d. Failure of digital-communications-link indication.

e. Key-switch or user-code access to control functions of panel.

f. Control of switch-test initiation.

g. Control of switch operation in either direction.

h. Control of time-delay bypass for transfer to normal source.

2. Annunciation and Control Panel: Solid-state components. Include the following features:

a. Controls and indicating lights grouped together for each transfer switch.

b. Label each indicating light "Control Group." Indicate the transfer switch it controls, location

of switch, and load it serves.

c. Digital Communications Capability: Matched to that of transfer switches supervised.

d. Mounting: Flush in ATS cabinet/door.


3. Malfunction of annunciator unit or communications link does not affect functions of automatic

transfer switch. In the event of failure of the communications link, the automatic transfer switch

automatically reverts to stand-alone, self-contained operation. No automatic transfer-switch sensing,

controlling, or operating function depends on the remote panel for proper operation.

G. Finishes

1. Enclosures: Manufacturer's standard enamel over corrosion-resistant pretreatment and primer.

H. Source Quality Control

1. Factory Test Components, Assembled Switches, and Associated Equipment: Ensure proper

operation. Check transfer time and voltage, frequency, and time-delay settings for compliance with

specified requirements. Perform dielectric strength test complying with NEMA ICS 1.

I. Field Quality Control: Provide the following to support the installation of the automatic transfer switch

system(s).

1. Preliminary Tests: Perform electrical tests as recommended by manufacturer and as follows:

a. Measure phase-to-phase and phase-to-ground insulation resistance levels with insulation

resistance tester. Include external annunciator and control circuits. Use test voltages and

procedure recommended by manufacturer. Meet manufacturer's specified minimum

resistance.

b. Check for electrical continuity of circuits and for short circuits.

2. Field Tests: Give 7 days' advance notice of tests and perform tests in presence of Owner's

representative.

3. Coordinate tests with tests of generator plant and run them concurrently.

4. Tests: As recommended by manufacturer and as follows:

a. Contact Resistance Test: Measure resistance of power contacts for automatic transfer

switches, nonautomatic transfer switches, and bypass/isolation switches. Resolve values in

excess of 500 micro-ohms and differences between adjacent poles exceeding 50 percent.

b. Ground-Fault Tests: Coordinate with testing of ground-fault protective devices to ensure

sensors are properly selected and located to optimize ground-fault protection when power is

being delivered from either source.

1) Verify grounding points and sensor ratings and locations.

2) Apply simulated fault current at sensors and observe reaction of circuit-interrupting

devices.

c. Operational Tests: Demonstrate interlocking sequence and operational function for each

switch at least 3 times.

1) Simulate power failures of normal source to automatic transfer switches and of

emergency source with normal source available.

2) Simulate low phase-to-ground voltage for each phase of normal source to automatic

transfer switches.

3) Verify time-delay settings and pickup and dropout voltages.

5. Test Failures: Correct deficiencies identified by tests and prepare for retest. Verify that equipment

meets specified requirements.


6. Reports: Maintain a written record of observations and tests. Report defective materials and

workmanship and retest corrected items. Record adjustable relay settings and

measured insulation and contact resistances and time delays. Attach a label or tag to each tested

component indicating satisfactory completion of tests.

J. Demonstration

1. Training: Engage a factory-authorized service representative to instruct Owner's personnel in the

operation, maintenance, and adjustment of transfer switches and related equipment. Provide a

minimum of 4 hours of instruction scheduled 7 days in advance.

<<< The remainder of this page is intentionally left blank >>>

PROJECT GENERAL NOTESWIRING DEVICE LEGEND

DRAWING LIST

ONE-LINE DIAGRAM LEGEND

DRAWING NOTES & DESIGNATIONS

POWER PLAN LEGEND ABBREVIATIONSDEMOLITION GENERAL NOTES

DEMOLITION LEGEND

WIRING METHODS

WIRING METHODS LEGEND

E0

1 6

N/A

JEN

JDB

ELECTRICAL NOTES, LEGEND AND ABBREVIATIONS

DRN.

CKD.

APP'D

DATEBY

SCALE

DRAWING NUMBER

PROJECT NO.

OFSHEET

CONTRACT NO.

APP'D DATEBYREV. NO.DESCRIPTION

X-X-XXX-XX-XXXXXX-XXX-

GENERATOR PROJECT

DRAPER HALL & COLD STORAGE

13-XXXXXX-XXX UMAPP13-XXX

UNIVERSITY OF MASSACHUSETTS

FACILITIES PLANNING DIVISION

APP'D

EELECTRICALMECHANICAL / NGINEERS

OCCITISSOCIATES, NC.

email: [email protected]

Stoneham, MA 02180Tel: 781-481-0210Fax: 781-481-0203

92 Montvale Ave, Suite 4100

FITZEMEYER & A

Project No.: 120156.01

ELECTRICAL PRE-PURCHASE PACKAGE JEN JDB 04/25/13

E1

2 6

AS NOTED

JEN

JDB

DRAPER HALL DEMOLITION AND NEW WORK POWER PLAN

- ---

DRN.

CKD.

APP'D

DATEBY

SCALE

DRAWING NUMBER

PROJECT NO.

OFSHEET

CONTRACT NO.



GENERATOR PROJECT





APP'D






FITZEMEYER & A



E2

3 6

AS NOTED

JEN

JDB

COLD STORAGE DEMOLITION AND NEW WORK POWER PLAN

- ---

DRN.

CKD.

APP'D

DATEBY

SCALE

DRAWING NUMBER

PROJECT NO.

OFSHEET

CONTRACT NO.



GENERATOR PROJECT





APP'D






FITZEMEYER & A



E3

4 6

N.T.S.

JEN

JDB

ELECTRICAL DRAPER HALL RISERS & SCHEDULES

- ---

DRN.

CKD.

APP'D

DATEBY

SCALE

DRAWING NUMBER

PROJECT NO.

OFSHEET

CONTRACT NO.



GENERATOR PROJECT





APP'D






FITZEMEYER & A



E4

5 6

N.T.S.

JEN

JDB

ELECTRICAL COLD STORAGE RISERS & SCHEDULES

- ---

DRN.

CKD.

APP'D

DATEBY

SCALE

DRAWING NUMBER

PROJECT NO.

OFSHEET

CONTRACT NO.



GENERATOR PROJECT





APP'D






FITZEMEYER & A



E5

6 6

N.T.S.

JEN

JDB

ELECTRICAL DETAILS

- ---

DRN.

CKD.

APP'D

DATEBY

SCALE

DRAWING NUMBER

PROJECT NO.

OFSHEET

CONTRACT NO.



GENERATOR PROJECT





APP'D






FITZEMEYER & A



COMMONWEALTH TERMS AND CONDITIONS

PPaaggee 11.. ooff 22..

This Commonwealth Terms and Conditions form is jointlyissued by the Executive Office for Administration andFinance (ANF), the Office of the Comptroller (CTR) andthe Operational Services Division (OSD) for use by allCommonwealth of Massachusetts (“State”) Departments

and Contractors. Any changes or electronic alterations by either theDepartment or the Contractor to the official version of this form, as jointlypublished by ANF, CTR and OSD, shall be void. Upon execution of theseCommonwealth Terms and Conditions by the Contractor and filing as prescribedby the Office of the Comptroller, these Commonwealth Terms and Conditions willbe incorporated by reference into any Contract for Commodities and Servicesexecuted by the Contractor and any State Department, in the absence of asuperseding law or regulation requiring a different Contract form. Performanceshall include services rendered, obligations due, costs incurred, commodities anddeliverables provided and accepted by the Department, programs provided orother commitments authorized under a Contract. A deliverable shall include anytangible product to be delivered as an element of performance under a Contract.The Commonwealth is entitled to ownership and possession of all deliverablespurchased or developed with State funds. Contract shall mean the StandardContract Form issued jointly by ANF, CTR and OSD.1. Contract Effective Start Date. Notwithstanding verbal or otherrepresentations by the parties, or an earlier start date indicated in a Contract, theeffective start date of performance under a Contract shall be the date a Contracthas been executed by an authorized signatory of the Contractor, the Department, alater date specified in the Contract or the date of any approvals required by law orregulation, whichever is later.2. Payments And Compensation. The Contractor shall only be compensated forperformance delivered and accepted by the Department in accordance with thespecific terms and conditions of a Contract. All Contract payments are subject toappropriation pursuant to M.G.L. C. 29, §26, or the availability of sufficient non-appropriated funds for the purposes of a Contract, and shall be subject to interceptpursuant to M.G.L. C. 7A, §3 and 815 CMR 9.00. Overpayments shall bereimbursed by the Contractor or may be offset by the Department from futurepayments in accordance with state finance law. Acceptance by the Contractor ofany payment or partial payment, without any written objection by the Contractor,shall in each instance operate as a release and discharge of the State from allclaims, liabilities or other obligations relating to the performance of a Contract.3. Contractor Payment Mechanism. All Contractors will be paid using thePayment Voucher System unless a different payment mechanism is required. TheContractor shall timely submit invoices (Payment Vouchers - Form PV) andsupporting documentation as prescribed in a Contract. The Department shallreview and return rejected invoices within fifteen (15) days of receipt with awritten explanation for rejection. Payments shall be made in accordance with thebill paying policy issued by the Office of the Comptroller and 815 CMR 4.00,provided that payment periods listed in a Contract of less than forty-five (45) daysfrom the date of receipt of an invoice shall be effective only to enable aDepartment to take advantage of early payment incentives and shall not subjectany payment made within the forty-five (45) day period to a penalty. TheContractor Payroll System, shall be used only for "Individual Contractors" whohave been determined to be "Contract Employees" as a result of the Department'scompletion of an Internal Revenue Service SS-8 form in accordance with theOmnibus Budget Reconciliation Act (OBRA) 1990, and shall automaticallyprocess all state and federal mandated payroll, tax and retirement deductions.4. Contract Termination Or Suspension. A Contract shall terminate on the datespecified in a Contract, unless this date is properly amended in accordance with allapplicable laws and regulations prior to this date, or unless terminated orsuspended under this Section upon prior written notice to the Contractor. TheDepartment may terminate a Contract without cause and without penalty, or mayterminate or suspend a Contract if the Contractor breaches any material term orcondition or fails to perform or fulfill any material obligation required by aContract, or in the event of an elimination of an appropriation or availability ofsufficient funds for the purposes of a Contract, or in the event of an unforeseenpublic emergency mandating immediate Department action. Upon immediatenotification to the other party, neither the Department nor the Contractor shall bedeemed to be in breach for failure or delay in performance due to Acts of God orother causes factually beyond their control and without their fault or negligence.Subcontractor failure to perform or price increases due to market fluctuations orproduct availability will not be deemed factually beyond the Contractor's control.5. Written Notice. Any notice shall be deemed delivered and received whensubmitted in writing in person or when delivered by any other appropriate methodevidencing actual receipt by the Department or the Contractor. Any written noticeof termination or suspension delivered to the Contractor shall state the effectivedate and period of the notice, the reasons for the termination or suspension, ifapplicable, any alleged breach or failure to perform, a reasonable period to cure

any alleged breach or failure to perform, if applicable, and any instructions orrestrictions concerning allowable activities, costs or expenditures by theContractor during the notice period.6. Confidentiality. The Contractor shall comply with M.G.L. C. 66A if theContractor becomes a "holder" of "personal data". The Contractor shall alsoprotect the physical security and restrict any access to personal or otherDepartment data in the Contractor's possession, or used by the Contractor in theperformance of a Contract, which shall include, but is not limited to theDepartment's public records, documents, files, software, equipment or systems.7. Record-keeping And Retention, Inspection Of Records. The Contractorshall maintain records, books, files and other data as specified in a Contract and insuch detail as shall properly substantiate claims for payment under a Contract, fora minimum retention period of seven (7) years beginning on the first day after thefinal payment under a Contract, or such longer period as is necessary for theresolution of any litigation, claim, negotiation, audit or other inquiry involving aContract. The Department shall have access, as well as any parties identifiedunder Executive Order 195, during the Contractor’s regular business hours andupon reasonable prior notice, to such records, including on-site reviews andreproduction of such records at a reasonable expense.8. Assignment. The Contractor may not assign or delegate, in whole or in part,or otherwise transfer any liability, responsibility, obligation, duty or interest undera Contract, with the exception that the Contractor shall be authorized to assignpresent and prospective claims for money due to the Contractor pursuant to aContract in accordance with M.G.L. C. 106, §9-318. The Contractor mustprovide sufficient notice of assignment and supporting documentation to enablethe Department to verify and implement the assignment. Payments to third partyassignees will be processed as if such payments were being made directly to theContractor and these payments will be subject to intercept, offset, counter claimsor any other Department rights which are available to the Department or the Stateagainst the Contractor.9. Subcontracting By Contractor. Any subcontract entered into by theContractor for the purposes of fulfilling the obligations under a Contract must bein writing, authorized in advance by the Department and shall be consistent withand subject to the provisions of these Commonwealth Terms and Conditions and aContract. Subcontracts will not relieve or discharge the Contractor from any duty,obligation, responsibility or liability arising under a Contract. The Department isentitled to copies of all subcontracts and shall not be bound by any provisionscontained in a subcontract to which it is not a party.10. Affirmative Action, Non-Discrimination In Hiring And Employment. TheContractor shall comply with all federal and state laws, rules and regulationspromoting fair employment practices or prohibiting employment discriminationand unfair labor practices and shall not discriminate in the hiring of any applicantfor employment nor shall any qualified employee be demoted, discharged orotherwise subject to discrimination in the tenure, position, promotionalopportunities, wages, benefits or terms and conditions of their employmentbecause of race, color, national origin, ancestry, age, sex, religion, disability,handicap, sexual orientation or for exercising any rights afforded by law. TheContractor commits to purchasing supplies and services from certified minority orwomen-owned businesses, small businesses or businesses owned by socially oreconomically disadvantaged persons or persons with disabilities.11. Indemnification. Unless otherwise exempted by law, the Contractor shallindemnify and hold harmless the State, including the Department, its agents,officers and employees against any and all claims, liabilities and costs for anypersonal injury or property damages, patent or copyright infringement or otherdamages that the State may sustain which arise out of or in connection with theContractor's performance of a Contract, including but not limited to thenegligence, reckless or intentional conduct of the Contractor, its agents, officers,employees or subcontractors. The Contractor shall at no time be considered anagent or representative of the Department or the State. After prompt notificationof a claim by the State, the Contractor shall have an opportunity to participate inthe defense of such claim and any negotiated settlement agreement or judgment.The State shall not be liable for any costs incurred by the Contractor arising underthis paragraph. Any indemnification of the Contractor shall be subject toappropriation and applicable law.12. Waivers. Forbearance or indulgence in any form or manner by a party shallnot be construed as a waiver, nor in any way limit the legal or equitable remediesavailable to that party. No waiver by either party of any default or breach shallconstitute a waiver of any subsequent default or breach.13. Risk Of Loss. The Contractor shall bear the risk of loss for any Contractormaterials used for a Contract and for all deliverables, Department personal orother data which is in the possession of the Contractor or used by the Contractor inthe performance of a Contract until possession, ownership and full legal title to thedeliverables are transferred to and accepted by the Department.

COMMONWEALTH TERMS AND CONDITIONS

PPaaggee 22.. ooff 22..

14. Forum, Choice of Law And Mediation. Anyactions arising out of a Contract shall be governed by thelaws of Massachusetts, and shall be brought andmaintained in a State or federal court in Massachusettswhich shall have exclusive jurisdiction thereof. The

Department, with the approval of the Attorney General's Office, and theContractor may agree to voluntary mediation through the Massachusetts Office ofDispute Resolution (MODR) of any Contract dispute and will share the costs ofsuch mediation. No legal or equitable rights of the parties shall be limited by thisSection.15. Contract Boilerplate Interpretation, Severability, Conflicts With Law,Integration. Any amendment or attachment to any Contract which containsconflicting language or has the affect of a deleting, replacing or modifying anyprinted language of these Commonwealth Terms and Conditions, as officiallypublished by ANF, CTR and OSD, shall be interpreted as superseded by theofficial printed language. If any provision of a Contract is found to be supersededby state or federal law or regulation, in whole or in part, then both parties shall berelieved of all obligations under that provision only to the extent necessary tocomply with the superseding law, provided however, that the remaining provisionsof the Contract, or portions thereof, shall be enforced to the fullest extent

permitted by law. All amendments must be executed by the parties in accordancewith Section 1. of these Commonwealth Terms and Conditions and filed with theoriginal record copy of a Contract as prescribed by CTR. The printed language ofthe Standard Contract Form, as officially published by ANF, CTR and OSD,which incorporates by reference these Commonwealth Terms and Conditions,shall supersede any conflicting verbal or written agreements relating to theperformance of a Contract, or attached thereto, including contract forms, purchaseorders or invoices of the Contractor. The order of priority of documents tointerpret a Contract shall be as follows: the printed language of theCommonwealth Terms and Conditions, the Standard Contract Form, theDepartment's Request for Response (RFR) solicitation document and theContractor’s Response to the RFR solicitation, excluding any language strickenby a Department as unacceptable and including any negotiated terms andconditions allowable pursuant to law or regulation.

IN WITNESS WHEREOF, The Contractor certify under the pains andpenalties of perjury that it shall comply with these Commonwealth Termsand Conditions for any applicable Contract executed with theCommonwealth as certified by their authorized signatory below:

CONTRACTOR AUTHORIZED SIGNATORY:_________________________________________________________________________(signature)

Print Name: ____________________________________________________

Title: __________________________________________________________

Date: __________________________________________________________

(Check One): _______ Organization ________ Individual

Full Legal Organization or Individual Name: ___________________________________________________________________________

Doing Business As: Name (If Different): _______________________________________________________________________________

Tax Identification Number: ____ ____ ____ ____ ____ ____ ____ ____ ____

Address: _______________________________________________________________________________________________________

Telephone: _______________________________________ FAX: _______________________________________________________

INSTRUCTIONS FOR FILING THE COMMONWEALTH TERMS AND CONDITIONSA “Request for Verification of Taxation Reporting Information” form (Massachusetts Substitute W-9 Format), that contains theContractor's correct TIN, name and legal address information, must be on file with the Office of the Comptroller. If the Contractor has notpreviously filed this form with the Comptroller, or if the information contained on a previously filed form has changed, please fill out a W-9 form and return it attached to the executed COMMONWEALTH TERMS AND CONDITIONS.

If the Contractor is responding to a Request for Response (RFR), the COMMONWEALTH TERMS AND CONDITIONS must besubmitted with the Response to RFR or as specified in the RFR. Otherwise, Departments or Contractors must timely submit the completedand properly executed COMMONWEALTH TERMS AND CONDITIONS (and the W-9 form if applicable) to the: Payee and PaymentsUnit, Office of the Comptroller, 9th Floor, One Ashburton Place, Boston, MA 02108 in order to record the filing of this form on theMMARS Vendor File. Contractors are required to execute and file this form only once.