19-09_IFB_Controller Replacement.doc

Massachusetts Bay Community College

IFB # 19-09

INVITATION FOR BID

FOR

Controller Replacement

50 Oakland Street

Wellesley Hills MA 02481

INVITATION FOR BID

BID # 19-09

Massachusetts Bay Community College (MassBay), a department of the Commonwealth, is soliciting bids for

CONTROLLER REPLACEMENT – WELLESLEY HILLS CAMPUS

The College is soliciting responses from Bidders for Controller Replacement and Associated Work on the Wellesley Hills campus as described in the following specifications. Base bid price should include the following areas:

Base Bid: Controller Replacement as detailed in the Specifications and Drawings.

Add Alternate No. 1: Replace controller at FCU in Room 325 Add Alternate No. 2: Replace controller at FCU in Room 324 The College reserves the right to accept the proposal deemed best for the Commonwealth of Massachusetts and the College. The College reserves the right to reject any or all bids, wholly or in part.

(ALSO REFERENCE THE ATTACHED GENERAL AND TECHNICAL SPECIFICATIONS)

General Bids must be submitted on the forms supplied by the College for receipt NO LATER THAN Wednesday, May 16, 2019, 2:00 pm. (Please reference the Schedule of Events, found on page 3 of this document.)

Mail or deliver all bids SEALED AND NOTING BID# 19-09 to: The Purchasing Department Massachusetts Bay Community College

Annex Building Second Floor

50 Oakland Street

Wellesley Hills MA 02481

All bid materials must be signed in ink. Facsimile signatures are unacceptable. Bids, which are priced or signed in pencil, will be rejected as non-responsive. Bidders are cautioned that the person signing the bid proposal or authorized designee, must initial errors, alterations or corrections on the submitted bid. Failure to do so may result in rejection of the bid for those items erased, altered or corrected and not initialed.

Prices quoted must be available for acceptance for at least thirty (30) days after the bid opening date.

Schedule of Events

All questions to be forwarded to the Purchasing Department by e-mail (no questions may be submitted by fax or telephone).

E-mail: Bids@massbay.edu All IFB documents and amendments will be posted on COMMBUYS (www.commbuys.com) BD-19-1064-1064-02481-38137. They will not be mailed or faxed.

If at the time of the bid closing or the bidders conference, Massachusetts Bay Community College is closed due to uncontrolled events such as fire, snow, ice, wind or building evacuation, the bids will be accepted until the same time on the next normal business day.

The dates stated for Response Evaluation, Contracts Finalized and Contract Information Available are estimated periods supplied as a courtesy to the bidders only. These dates may change and are not binding for the College. All dates and times for written questions and response submissions are binding. Responses not in compliance with the response submission date will be deemed non-responsive.

Submission of Proposals All proposals must be sealed when submitted and include one (1) complete original and two (2) copies.

Proposals may only be sent to:

Purchasing Department

Annex Building Second Floor

Wellesley Hills, MA 02481

General Bid Proposals will be accepted until Wednesday, May 16, 2019, 2:00 pm; proposals received after this date and time will not be considered. It is the bidder's responsibility to ensure this condition is met. Receiving at the College’s central mailroom or receiving dock is NOT acceptable.

Table of Contents

Schedule of Events

Section II

Section III

Section IV

Section V Attachment A

Required Forms

Prevailing Wage

Attachment B Attachment C

Class Schedule

Construction Document Specifications

DIVISION 01 - GENERAL REQUIREMENTS

DIVISION 02 - EXISTING CONDITIONS

DIVISION 250000- INTEGRATED AUTOMATION

M-1 M-2 M-3 M-4 M-5 M-6

Section II IFB Specifications INTRODUCTION: Chartered in 1961, Massachusetts Bay Community College is an open-access, two-year public educational institution that serves the Boston and the Metro West communities. Through its Centers of Excellence, the College serves approximately 5,300 students in day and evening credit programs. Grouped by field of study, the Division of Health Sciences, the Division of Humanities, the Division of Social Sciences and Professional Studies and the Division of Science, Technology, Engineering and Math (STEM) are designed to enhance learning by promoting collaboration, supported learning and state-of-the-art resources. In addition to awarding Associate Degrees and Certificates, the College offers a variety of professional education and non-credit career skill building workshops and seminars. Massachusetts Bay Community College also actively seeks education partnerships with business and industry and participates in local and regional workforce development and training efforts. Additional information is available on the College’s website: http://www.massbay.edu.

IDENTIFIERS:

MassBay – Massachusetts Bay Community College.

Consultant – Studio Enee, VAV International Inc.

Vendor, Contractor– An individual, corporation or other entity engaged in the business of supplying the services described in this solicitation, which has received a copy of the IFB from MassBay or has registered its name, address and interest in this solicitation with MassBay. By responding to this Invitation for Bid, the bidder agrees that they have read and understand this document.

Contract Manager: Director of Facilities or designee The Contract Manager shall have final responsibility in all operational matters pursuant to this Contract. MassBay must approve amendments or modifications to the specifications set forth in the Contract, in writing and in advance of implementation or performance.

PREVAILING LAWS: This is a prevailing wage job. A copy of the Massachusetts Department of Labor, Division of Occupational Safety Prevailing Wages rates is attached. Labor rates for functions not covered under prevailing wage laws must, at a minimum, meet and include the minimum wage rates established by the Massachusetts Department of Labor.

PROPOSAL COSTS: Vendors must bear all costs associated with their proposals, including preparation, copying, postage and delivery fees. No costs or expenses incurred by Vendors in responding to this IFB or in participating in this Solicitation will be borne by MassBay.

CONDITIONS OF THE AGREEMENT: The term of any agreement resulting from this IFB shall be for the duration of the contract. All stipulations covered under this IFB are part of the resulting contract. If the bidder takes exception to any of the terms or conditions listed in the specifications, it must be so noted in his/her bid. No part of these services may be sub-contracted without prior written consent of the Vice President of Finance and Administrative Services. The agreement shall not be assigned in whole or in part by the Vendor without prior written consent of MassBay.

MANDATORY REQUIREMENT: A mandatory requirement is one that must be met in order for a proposal to be considered responsive. Any proposal that fails to meet a mandatory requirement of the IFB will be disqualified without evaluation. MassBay may allow the Vendor to make minor corrections or may accept a proposed alternative, as dictated by the Purchasing Office of MassBay. The Purchasing department makes the final determination of whether a response is deemed unresponsive and is disqualified.

SCHEDULING AND COORDINATING: The work shall commence at the time stated in the Notice to Proceed and shall be completed by June 30, 2019. The specified work is to be scheduled and performed as not to interfere with the use and operation of College business. Refer to Attachment B for a detailed class schedule. Work can commence one hour after the class end time and should be completed one hour before the scheduled class start time. When at all possible, the Contractor will be notified of impending changes 48 hours prior to implementation. However, the Contractor must be prepared to make adjustments as necessary. Contractor is responsible for moving furniture as necessary. Coordination with the Office of Information Technology is necessary to move IT equipment.

EQUIPMENT: The Contractor will be responsible throughout the term of the contract for proper compliance with such requirements.

MINIMUM REQUIREMENTS: To be qualified to bid, a Contractor must meet the following criteria:

· Bidders must submit three (3) references within a 50-mile radius of the Wellesley Hills campus in which they have completed similar work in size and scope. This information must be submitted on the Business Reference Form found in Section V (Required Forms) of this document.

· The contractor must be capable of meeting requirements as detailed under Massachusetts General Laws, Chapter 30, Section 39M as amended and Massachusetts General Laws, Chapter 149, Section 26 - 27b inclusive and Section 44A - 44I inclusive, as applicable.

· Contractor must meet listed Qualifications of Bidder found in Section 250001, Part 1.01 of Attachment C_Specification.

· Contractor is responsible for securing all necessary permits.

· Contractor must return all forms provided in Section V (Required Forms) of this document.

BID DEPOSIT: Each General and Sub bid shall be accompanied by a bid deposit in the form of a bid bond, certified check, treasure’s check or cashier’s check issued by a responsible bank or trust company, payable to the awarding authority. Such bid deposit shall be for 5% of the total value of the bid as quoted by the Contractor. Failure to do so will lead to rejection of the bid. The bid surety will be returned within seven (7) days after execution of the awarded contract. In case of default, the bid surety shall be forfeited to the College.

PERFORMANCE BOND: The Contractor will be required to submit a performance bond of 100% of the contract price for the duration of the contract value within 10 days of the contract award.

PAYMENT BOND: The Contractor will be required to submit a payment bond of 50% of the contract price for the duration of the contract value within 10 days of the contract award.

C.O.R.I. / S.O.R.I.: The Contractor shall certify at the commencement of the contract that their employees have undergone a Criminal Offender Record Investigation (C.O.R.I.) and a Sexual Offender Record Investigation (S.O.R.I.) within the preceding three (3) months. An annual certification may take the place of this requirement. The Contractor must also submit certification annually thereafter. This shall be a requirement for all full time, part time and substitute employees. The Contractor is responsible for all costs associated with C.O.R.I. and S.O.R.I. checks. C.O.R.I. and S.O.R.I. checks must be completed prior to any contractor employee beginning work at MassBay Community College.

PERMITS: The Contractor shall have complete responsibility for obtaining and maintaining all required permits for these operations and posting as necessary.

SECTION III

General Specifications

1. INTRODUCTION:

A. This part of the IFB contains general specifications for Controller Replacement. The successful bidder will furnish all labor and equipment necessary to complete the work as described in the Technical Section of this document.

B. Vendor must meet all business specifications that are listed in this part of the IFB. Vendors who fail to meet any mandatory specification will be deemed non-responsive.

2. AWARDING:

A. The College reserves the right to accept the proposal deemed best for the Commonwealth of Massachusetts and the College. The College reserves the right to reject any or all bids, wholly or in part and to make the award in a manner deemed to be in the best interests of the Commonwealth of Massachusetts and the College. This is a low bid award.

B. MassBay will award to the lowest responsible and eligible bidder for the base bid as described in the attached specifications. Deduct Alternate 1, work within the Carey Building cafeteria, will be deducted if funding is not available. See plans and specifications for additional information.

3. SERVICE:

A.

All services described in these specifications are to be executed in a thoroughly substantial and professional manner.

4. COLLEGE PROPERTY AND SECURITY:

A.

Any damage occurring due to work or related activities under this contract shall be repaired at the Contractor’s expense and to the satisfaction of the College.

B.

The College can neither accept nor assume responsibility for the security of the Contractor’s equipment if stolen or vandalized.

C. The Contractor shall confine all equipment in areas directed by the College and shall not unreasonably encumber the area.

D. The Contractor shall make no alterations nor erect any signs on the premise without authority from the Vice President of Administration and Finance. Such permission will be in writing.

E. The Contractor shall not represent his/herself to be an employee or agent of Massachusetts Bay Community College. The use of the College’s name on letterhead, billheads and signs or in any other manner by the contractor is not permitted.

F. The Contractor shall comply with all policies and procedures promulgated by Massachusetts Bay Community College.

G. The Contractor shall not sublet any of the assigned premises for conducting business without the written permission of the College.

H. The College shall have the right at all times to inspect the equipment and installation.

I. Should the Contractor default in any of its undertakings under this agreement, it is expressly understood and agreed that the College may, at its option, terminate the agreement effective seven (7) days after written notice has been sent by registered mail (return receipt) to the last known address of the contractor. The College may terminate this agreement at any time, without prior notice, if the contractor should become bankrupt or otherwise financially insolvent or there should there be an assignment of assets for the benefit of creditors, which diminish the College’s rights, services or ability to take any action for its staff, students and visitors.

J. Neither the College nor the Contractor shall be held liable for failure to perform if such failure is caused by fire, strike or other causes beyond human control. In the event that the part of the building occupied by the contractor is so damaged that the premises are untenable, upon ten (10) days written notice to the other either, party may terminate the agreement.

K. At the termination or cancellation of the agreement, the Contractor shall give up and deliver to the College the premises promptly and in as good condition as at the time of commencement of the term. The contractor shall remove all its detachable equipment unless otherwise agreed upon by the College, subject to any lien, which the College may have to secure any unpaid charges due under this agreement.

L. The Contractor shall consider any recommendations by the College regarding dismissal of any of the contractor’s employees whom the College finds undesirable. In this matter, the College’s recommendation shall be final and binding unless there are mitigating circumstances which will be made known to the College.

M. The Contractor shall be responsible for all breakage and damage to property (real and personal) that may occur as a result of the fault, negligence or non-performance of duty on the part of her/himself or her/his employees in connection with the performance of the work herein specified. Repair or replacement of any such damage shall commence by the contractor within forty-eight (48) hours after notification of such damage and shall be completed expeditiously to the satisfaction of the Vice President of Administration and Finance.

N. The College will have complete access at all times to all College-owned facilities used by the contractor.

5. SCHEDULING AND COORDINATING:

A.

All work shall be coordinated through Director of Facilities or designee.

6. GUARANTY AND WARRANTY:

A.

The Contractor shall pay to the College all expenses, losses and damages incurred as a consequence of any defect, omission, negligence or error by the Contractor’s employees, its Subcontractor's or its Subcontractor's employees.

7. DISCRIMINATION AND SEXUAL HARASSMENT:

A.

Massachusetts Bay Community College does not discriminate based on race, color, national origin, sex, sexual orientation, religion, age or handicap in admission, access to, treatment or employment in its programs and activities.

B.

The Contractor must comply with the terms of the College's policies on sexual harassment issues while carrying out their activities on College property. Copies of the College's harassment policies may be obtained in Human Resources.

C.

Non-discrimination in Employment and Affirmative Action: The Contractor shall not discriminate against a qualified employee or applicant for employment because of race, color, national origin, ancestry, age, sex, sexual orientation, religion, veteran status or disability. The Contractor shall in performance of this contract's affirmative action plan, employ minority and female subcontractors, vendors and suppliers. The Contractor agrees to comply with all applicable federal, state statues, rules and regulations prohibiting discrimination in employment, including Title VII of the Civil Rights Act 1964, the Age Discrimination in Employment Act of 1967, Section 504 of the Rehabilitation act of 1973, the Americans with Disabilities Act of 1990, Massachusetts General Laws, Chapter 151B and all applicable administrative orders, executive orders and various state laws.

8. PROTECTION OF LIVES AND HEALTH:

A.

The Contractor shall comply with all Federal, State and local laws, ordinances, rules, orders, regulations and codes in completing work under this contract.

B.

The Contractor shall comply with all Federal, State and local laws, ordinances, rules, orders, regulations and codes regarding transporting, handling, storage, removal and disposal of all flammable, regulated and/or unregulated materials required for the work covered under this contract and shall be responsible for all associated fees and/or charges.

C.

The Contractor shall take all precautions for preventing injuries to persons and property in or about the work site.

D.

The Contractor shall not permit smoking by employees in any State Building, nor allow the use of intoxicating beverages or non-prescription controlled substance drugs upon or about the worksite.

E.

The Contractor shall assume the defense of, indemnify and save harmless the College, its officers and employees from all claims relating to labor performed or furnished; of injuries to any person or corporation received or sustained by or from the Contractor, their employees and/or subcontractors and any subcontractor’s employees, in performing the work or in consequence of any improper materials, implements or labor used or employed therein; and to any act, omission or neglect of the Contractor and his/her employees therein engaged.

F.

Should the College Administration deem that the Contractor is not abiding by the provisions of this section or that a serious, unsafe condition exists which threatens the health, life, safety or property of the College community, an immediate suspension of operation - without additional expense to the College - may be ordered until such unsafe acts or conditions are corrected.

G.

The Contractor’s failure to comply with any of the requirements of this Bid Document shall be cause for immediate termination of the Contract.

H.

The Contractor shall keep itself fully informed of all existing and future Federal, State, County and municipal laws, orders, ordinances, rules, policies, procedures and regulations. This includes but is not limited to OSHA regulations and health codes as well as those pertaining to affirmative action, equal opportunity and anti-discrimination as they pertain to persons engaged or employed in the workplace or to the materials and equipment used or employed in the work of all such orders and decrees of bodies or tribunals having jurisdiction or authority over same and all provisions required by law to be made part of this agreement which provisions are hereby incorporated by reference and made part hereof.

9. CONTRACTOR'S LIABILITY INSURANCE:

A. The Contractor agrees to furnish and keep in full force during the term of the agreement, worker's compensation and employer's liability insurance covering all persons employed by the contractor who are engaged in the performance of the services rendered to the College. The Contractor shall include a provision that there will be no right of subrogation against the College in the event of a workers’ compensation or liability insurance payment.

B. The Contractor shall have and maintain without deductibility, Contractor’s Public Liability and Property Insurance and Contractor’s Protective Public Liability, Protective Property Damage Liability Insurance and Comprehensive Automobile Liability in not less than the following amounts:

a. Worker’s Compensation

Worker’s compensation must include and cover working executives and owner/operators.

1) State

Statutory

2) Applicable Federal

Statutory

3) Employer’s Liability Each Accident

$1,000,000

Disease policy limit $500,000

Disease per employee $100,000

b. Comprehensive General Liability

(Including Premises-Operations: Independent Contractor’s Protective: Products and Completed Operation Broad Form Property)

1) Bodily Injury

a) Each Person

b) Annual Aggregate

2) Property Damage

a) Each Occurrence

c. Contractual Liability

d. Personal Injury with Employment Exclusion deleted

1) Annual Aggregate

e. Comprehensive Automobile Liability

a) Each Person

b) Each Occurrence

f. Umbrella Policy

$5,000,000

C.

Each certificate or instrument shall contain a valid provision of endorsement that the policy may not be canceled, terminated, changed or modified without giving thirty (30) days written notice thereof to the College and that the insurance company waives their right to subrogation and indemnification against the College and the Commonwealth.

D.

All insurance policies required herein shall contain the following provision or its equivalent with the same meaning and intent:

“The insurance company waives any right of subrogation and indemnification against Massachusetts Bay Community College, its trustees, officers, employees or their agents, or the Commonwealth of Massachusetts which may arise by reason of any payments under this policy.”

Insurance certificates are to be delivered to:

Purchasing Department

Annex Building Second Floor

Wellesley Hills MA 02481 E. The Contractor shall submit to the College, promptly upon bid award, copies of all required insurance certificates to cover all damage to College property or private property and personal injury including but not limited to student, faculty, staff or visitor automobiles on campus grounds.

F. The Contractor shall be liable for damage through the entire term of the Contract.

G. The Contractor will provide evidence, promptly upon bid award, that its employees are covered under an unemployment compensation program.

H. The Contractor must annually provide copies of appropriate licensing for all employees who may operate equipment under this contract. The Contractor may not use a driver for which a current and appropriate license has not been submitted. The College reserves the right to verify all licensing.

10. CONTRACT TERMINATION:

The successful bidder will be required to enter into a contract containing the following provisions:

A.

Massachusetts Bay Community College reserves the right to terminate this contract with or without cause or if the successful bidder fails to comply with the provisions of the contract. The College reserves the right to terminate any and all parts of this contract specification due to lack of or reduction in financial appropriations that fund this contract.

11. DEPENDENT CARE ASSISTANCE PROGRAM:

A.

The Contractor shall certify in writing that, at the time of bid award, it is in compliance with the provisions of the Acts of 1990, Chapter 521, Section 7 as amended by the Acts of 1991 Chapter 329 and 102 CMR 12.00 and that the Contractor is either a “qualified employer” (it has fifty (50) or more full time employees and has established a dependent care assistance program, child care tuition assistance or child care placements) or is an exempt employer.

12. GENERAL PROVISIONS:

A.

The Contractor agrees that upon written direction by the College, setting forth, reasonable cause, the Contractor will remove from service under the contract any of its employees or equipment.

B.

The Contractor shall not subcontract any portion of this contract unless approved in writing, by the Vice President of Administration and Finance or designee.

C.

All bid prices shall remain firm for at least thirty (30) days after the bid closing date and throughout the term of the contract.

D.

The submitted rates shall include complete costs involved with accomplishing the required work. The College will make no payments to the contractor unless covered in the bid proposal.

E.

Every contract or agreement for the purchase of services or materials of any kind will include the following provisions: "The Governor or his designee, the Secretary of Administration and Finance and the State Auditor or his designee shall have the right at reasonable times upon reasonable notice to examine the books, records and other compilations of data which pertain to the performance of provisions and requirements of this contract or agreement."

F.

If the bidder takes exception to any of the terms or conditions listed in the specifications, it must be so noted in his/her bid.

G.

The College reserves the right to reject any bid proposal that is not in full compliance with the contract specifications; reject any or all bids wholly or in part; to waive technicalities or minor deviations; to make awards in a manner deemed in the best interest of the College; and to correct any award or specification erroneously made as a result of a clerical error on the part of the College.

H.

Proposals must be made on the forms supplied by the College. Should the bidder find discrepancies in or omissions from the specifications or shall be in doubt as to their meaning, he/she shall at once notify the College in writing. The College will not be responsible for any oral instructions. In turn, if the College desires, it will notify the other bidders in writing. Any bulletins and/or addenda issued during the time of bidding are to be covered in the proposal and closing the contract thereof and are to be considered binding aspects of the final contract.

I. The Contractor shall execute a letter of agreement within ten working days of receipt of notification of contract award from the College. At this time, the Contractor is also required to complete and return the Commonwealth of Massachusetts Standard Contract Form, Commonwealth of Massachusetts Terms and Conditions and a W9.

J.

Massachusetts Bay Community College participates in the Minority Business Enterprise Program (MBE) as directed by Executive Order 237.

K.

The Contractor agrees to comply with all state and federal immigration laws.

L. Pursuant to M.G.L. c.62C, Section 49A, the Contractor certifies that it has complied with all Federal and State tax laws.

M. Bidder agrees that he/she will abide by the provisions for the Anti-Boycott Covenant as required by the Executive Order #130.

13. CONTRACTOR EMPLOYEES:

A.

Contractor employees must present a neat, clean appearance and behave in a courteous manner.

B.

Contractor employees must not use offensive language or behave in a loud, boisterous or offensive manner.

C.

Contractor shall be responsible for insuring their employees meet all legal requirements for employment in the United States and the Commonwealth of Massachusetts.

D.

The Contractor shall provide the Contract Manager for MassBay with the names of all vendor employees working at MassBay in advance of assignment to the MassBay account.

E.

The Contractor agrees that all employees will be dressed in distinctive, clean, neat-appearing uniforms provided and paid for by the Contractor. The Contractor will ensure that his/her employees wear proper and neat appearing footwear while executing this contract.

F.

Vendor employees must be able to communicate in English, written and oral.

14. CLARIFICATION OF PROPOSALS: Any vendor submitting a proposal may be required to discuss or clarify their proposal with the selection committee at any time during the procurement process. Only the Purchasing department shall make requests for such discussion or clarification.

The selection committee is not required to seek clarification of vendor proposals. Therefore, the vendors should be as clear and unambiguous as possible in their responses to the specifications and be certain of their procedural specifications.

15. AWARD RECOMMENDATION: The Purchasing department will recommend to the MassBay Board of Trustees that a contract be awarded to the responsible and responsive vendor that best meets the performance and business specifications and has the most cost-effective financial package.

16. RETURN OF PROPOSALS: MassBay shall be under no obligation to return any proposals or materials submitted by a vendor in response to this IFB, with the exception of a policy and procedure manual.

17. DISCLOSURE STATEMENT: MassBay will not at any time, disclose a vendor’s confidential statements to any other vendor.

18. CANCELLATION OF IFB: MassBay retains the right to cancel this IFB or any portion thereof at any time prior to the execution and approval of a contract, in which event all proposals received in response to this IFB or the relevant portion thereof will be rejected. The College reserves the right not to award a contract if, at the sole discretion of the College, it is in the best interests of MassBay to re-bid or determine an alternate means to provide food and vending services at the College campuses. Should this IFB be cancelled, all expenses related to the preparation of responses to this IFB remain the responsibility of the vendor.

19. AMENDMENTS TO THE CONTRACT: MassBay reserves the right to amend the contract arising from this IFB and in particular, to add services that the Contract Manager and the Vendor mutually agree are consistent with that solicited for by this IFB at a rate and cost equal to or lower than those compatible services already contracted

20. BASIS FOR THE PROPOSAL EVALUATION: MassBay will award to the lowest responsible and eligible bidder. See plans and specifications for additional information.

a. Pricing

b. References The proposals will be awarded using the criteria described above and M.G.L. c. 149.

21. PREPARATION OF PROPOSAL: The proposal must be organized and presented as directed. Fancy bindings, colorful displays and promotion materials are not desired. The proposal should be prepared in a simple and economical fashion providing a straightforward, concise statement of the Vendor’s commitment to satisfy the requirements of the IFB.

The accuracy and detailed completion of this proposal is essential. Omissions and/or equivocal statements will be construed against the vendor. Since the successful proposal will be incorporated into the contract, vendors are cautioned not to make claims or statements to which they are not prepared to commit contractually.

It is essential that the instructions contained in this IFB be followed strictly for the accurate and timely evaluation of proposals. A proposal may be deemed non-responsive, at the Purchasing department’s discretion, if a Vendor fails to comply with the instructions in this part of the IFB.

Proposals are to include:

a. Include the name, title, address and telephone number of one individual who can respond to requests for additional information.

b. Include the name, title, address and telephone number of one individual who is authorized to negotiate and sign a contract for the vendor.

22. ACCOUNT MANAGER: For purposes of contract management, the Contractor must provide an individual who will be named the Account Manager for the duration of the contract. The role of the Account Manager will be to serve as the liaison between the Contractor and MassBay.

23. ACCESS TO VENDOR RECORDS: At all times during the term of the agreement, the Vendor shall make available to MassBay upon request, any and all records pertaining to the Vendor’s operations as they pertain to the agreement.

24. GOVERNANCE: The contract as described in the specifications shall be governed by and construed by the Laws of the Commonwealth of Massachusetts and will constitute the entire agreement between parties. The contract specifications may not be varied unless specified in writing and signed by both parties.

25. PRODUCTS: “Products and services purchased by state agencies must be in compliance with Executive Order 515, issued October 27, 2009. Under this Executive Order, Executive Departments are required to reduce their impact on the environment and enhance public health by procuring environmentally preferable products and services (EPPs) whenever such products and services perform to satisfactory standards and represent best value, consistent with 801 CMR 21.00. In line with this directive, all contracts, whether departmental or statewide, must comply with the specifications and guidelines established by OSD and the EPP Program. EPPs are considered to be products and services that help to conserve natural resources, reduce waste, protect public health and the environment and promote the use of clean technologies, recycled materials, and less toxic products.”

SECTION IV

OSD General Specifications A. Bidder Communication: Bidders are prohibited from communicating directly with any employee of the Procuring Department except as specified in this IFB and no other individual Commonwealth employee or representative is authorized to provide any information or respond to any question or inquiry concerning this IFB. Bidders may contact the Contact Person for this IFB in the event this IFB is incomplete or the Bidder is having trouble obtaining any required attachments electronically through COMMBUYS. Bidders with disabilities or hardships that seek reasonable accommodation, which may include the receipt of IFB information in an alternative format, must communicate such requests in writing to the Contact Person, who has the right to reject unreasonable requests.

B. This IFB has been distributed electronically using COMMBUYS for any addenda or modifications to a solicitation for which they intend to respond. The Commonwealth of Massachusetts and its subdivisions accept no liability and will provide no accommodation to bidders who submit a response based upon an out-of-date solicitation document. Potential bidders are advised to check the “last change” field on the summary page of solicitations they intend to respond to ensure that they have the most recent solicitation files.

C. The bidder may not alter the IFB or its components except for those portions intended to collect the bidder’s response (cost pages, etc.). Modifications to the body of the IFB, specifications, terms and conditions or any other documents that would change the intent of this IFB are prohibited. Any modifications other than where the bidder is prompted for a response will disqualify the response.

D. Brand Name or Equal: Unless otherwise specified in this IFB, any reference to a particular trademark, trade name, patent, design type, specification, producer or supplier is not intended to restrict this IFB to any manufacturer or proprietor or to constitute an endorsement of any good or service and the Department may consider clearly identified offers of substantially equivalent goods and services in response to such reference.

E. Public Records: All responses and information submitted in response to this IFB are subject to the Massachusetts Public Records Law, M.G.L., Chapter 66, Section 10 and to Chapter 4, Section 7, Subsection 26. Any statements in responses inconsistent with these statutes shall be disregarded.

F. The Commonwealth makes no guarantee that any Commodities or Services will be purchased from any Contract resulting from the IFB. Any estimates or past procurement volumes referenced in this IFB are included only for the convenience of Bidders and are not to be relied upon as any indication of future purchase levels.

G. The goal of this IFB is to provide the best value of Commodities and Services to achieve the procurement goals of the Department. Bidders that propose discounts, uncharged Commodities and Services or other benefits in addition to the IFB specifications may receive a preference.

H. Several forms must be completed by a potential bidder prior to doing business with the Commonwealth, including the Commonwealth Terms & Conditions and the Verification of Taxation Reporting Information (W-9) or Massachusetts Substitute W-9 Form. All necessary forms for the Contractor to submit will be issued with the award letter. Copies of these forms are available through the OSD home page.

SECTION V

Required Forms and Submissions to accompany the Bid to be tabbed in the following order.

1. Pricing Sheet (Form Included)

2. Unit Price Proposal Sheet (Attachment C_Appendix 012201)

3. Labor Harmony and OSHA Training Certification (Form Included)

4. Statement of Financial Stability (Form Included)

5. Statement of Tax Compliance (Form Included)

6. Certificate of Non-Collusion (Form Included)

7. Vendor Authorized Signature Verification Form (Form Included)

8. Affirmative Action Plan Form or Submission (Form Included)

9. Business Reference Form (Form Included)

10. Bid Deposit The successful contractor will be required to sign and submit the following forms within 10 days of the date of award. These forms may be viewed on the COMMBUYS website.

· Standard Contract Form

· Commonwealth Terms and Conditions

· Verification of Taxation Reporting Information (W-9)

FORM FOR GENERAL BID

A. The Undersigned proposes to furnish all labor and materials required for IFB # ________________, ____________________ (project name) in ________________, Massachusetts, in accordance with the accompanying plans and specifications prepared by ________________________ (name of architect or engineer) for the contract price specified below, subject to additions and deductions according to the terms of the specifications.

B. This bid includes addenda numbered

C. The proposed contract price is dollars ($

For alternate No.

Add $

; Subtract $

(Repeat preceding line for each alternate)

D. The subdivision of the proposed contract price is as follows:

Item 1. The work of the general contractor, being all work other than that covered by Item 2. $

Item 2. Sub-bids as follows: –

or “No”

The undersigned agrees that each of the above named sub-bidders will be used for the work indicated at the amount stated, unless a substitution is made. The undersigned further agrees to pay the premiums for the performance and payment bonds furnished by sub-bidders as requested herein and that all of the cost of all such premiums is included in the amount set forth in Item 1 of this bid.

The undersigned agrees that if he is selected as general contractor, he will promptly confer with the awarding authority on the question of sub-bidders; and that the awarding authority may substitute for any sub-bid listed above a sub-bid filed with the awarding authority by another sub-bidder for the sub-trade against whose standing and ability the undersigned makes no objection; and that the undersigned will use all such finally selected sub-bidders at the amounts named in their respective sub-bids and be in every way as responsible for them and their work as if they had been originally named in this general bid, the total contract price being adjusted to conform thereto.

E. The undersigned agrees that, if he is selected as general contractor, he will within five days, Saturdays, Sundays and legal holidays excluded, after presentation thereof by the awarding authority, execute a contract in accordance with the terms of this bid and furnish a performance bond and also a labor and materials or payment bond, each of a surety company qualified to do business under the laws of the commonwealth and satisfactory to the awarding authority and each in the sum of the contract price, the premiums for which are to be paid by the general contractor and are included in the contract price; provided, however, that if there is more than 1 surety company, the surety companies shall be jointly and severally liable.

The undersigned hereby certifies that he is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed on the work; that all employees to be employed at the worksite will have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health Administration that is at least 10 hours in duration at the time the employee begins work and who shall furnish documentation of successful completion of said course with the first certified payroll report for each employee; and that he will comply fully with all laws and regulations applicable to awards made subject to section 44A.

The undersigned further certifies under the penalties of perjury that this bid is in all respects bona fide, fair and made without collusion or fraud with any other person. As used in this subsection the word “person” shall mean any natural person, joint venture, partnership, corporation or other business or legal entity. The undersigned further certifies under penalty of perjury that the said undersigned is not presently debarred from doing public construction work in the commonwealth under the provisions of section twenty-nine F of chapter twenty-nine, or any other applicable debarment provisions of any other chapter of the General Laws or any rule or regulation promulgated thereunder.

Date

General Bidder:

Signature

Print Name:

Address:

Labor Harmony and OSHA Training Certification Pursuant to M.G.L. c. 30, § 39S(a), I _________________________________

Name & Title authorized signatory for ______________________________________ certify the following Contracting Party under the pains and penalties of perjury:

(1) I am able to furnish labor that can work in harmony with all other elements of labor employed or to be employed in the work;

(2) that all employees to be employed at the worksite will have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health Administration (OSHA)that is at least 10 hours in duration at the time the employee begins work and who shall furnish documentation of successful completion of said course with the first certified payroll report for each employee; and

(3) that all employees to be employed in the work subject to this bid have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health Administration that is at least 10 hours in duration.

Authorized Signature

Date Statement of Financial Strength

Under penalty and perjury of law, I ___________________________________, certify that

(Name) ________________________________ is financially solvent and has been operating in the

. (Business Name) black for at least the preceding three (3) years.

Statement of State Tax Compliance

Pursuant to M.G.L. Chapter 62C, S 49A, as amended by Chapter 233 of the Acts of 1983, Section 36, I _________________________________

Name & Title authorized signatory for ______________________________________

Contracting Party whose principal place of business is at ___________________________

Address do hereby certify under the pains and penalties of perjury that __________

_______________________________________ has complied with all laws

Contracting Party of the Commonwealth of Massachusetts relating to taxes.

Contracting Party's Social Security or Federal I.D. Number: _________________________

Authorized Signature

Date

Certification of Non-Collusion The undersigned certifies under penalties of perjury that this Bid or Proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word "person" shall mean any natural person, business, partnership, corporation, union, committee, club or other organization, entity or group of individuals.

(Name of person signing bid or proposal)

(Name of Business)

Vendor Authorized Signature Verification Form

Individuals: Individuals have two options to verify signature authorization:

1. Official Sample of Signature. Signature verification may be accomplished by submitting a copy of a driver's license, passport, social security card, business ID or other official form or identification containing the authorized signatory's signature, OR

2. Notarization. In the alternative, the Bidder can have their signature notarized in the space below.

Corporations: Corporations have two options to verify signature authorization.

1. Authorization and Clerk Certification: The Corporate Clerk may certify in the space below that they have witnessed the authorized signatory's signature (made in the Clerk's presence) and that the signatory is authorized to execute contracts and other documents and legally bind the corporation. (NOTE: Clerks may not self-certify if they act as Clerk and as an authorized signatory. Alternative documentation should be submitted); OR

2. Authorization and Official Sample of Signature or Notarization (Complete both "a." and "b." below)

a. Authorization: The Bidder may attach a copy of a board of director’s vote stating that each signatory is authorized to execute contracts and other documents and legally bind the corporation AND:

b. Official Sample of Signature or Notarization (Select one option)

· Official Sample of Signature. Attach a copy of a driver's license, passport, social security card, business ID or other official form or identification containing an example of the authorized signatory's signature OR

· Notarization. Have each of the signatory's signature notarized (made in a notary's presence) below.

Partnership or Other Entities

1. Authorization. Attach documentation for each signatory of authorization to execute contracts and other documents and legally bind the partnership or other entity AND

2. Official Sample of Signature or Notarization: (Select one option)

a. Official Sample of Signature Attach a copy of a driver's license, passport, social security card, business ID or other official form or identification containing the authorized signatory's signature; OR

b. Notarization Have their signature notarized in the space below.

THIS SECTION IS FOR NOTARIZATION OR CORPORATE CLERK CERTIFICATION

PRINT SIGNATORY'S FULL LEGAL NAME: _________________________________________

SIGNATURE: (as it will appear on documents) ________________________________________

(NOTARY) I, _______________________________________ as a notary public certify under the pains and penalties of perjury that I witnessed the signature of the aforementioned signatory on behalf of the Bidder and the individual's identity was verified, on this date: ___________________, 20 _______. My commission expires on:

OR

(CORPORATE CLERK) I, _______________________________________ as corporate clerk of the Bidder/Vendor certify under the pains and penalties of perjury that I witnessed the signature of the aforementioned signatory and the signatory is authorized to execute contracts and other instruments and legally bind the Bidder/Vendor. This date: __________________________, 20 _______.

AFFIX CORPORATE SEAL OR NOTARY SEAL HERE:

Affirmative Action Plan Form (Required for procurements of $50,000 or more - employers only)

Bidder: _________________________________________________

IFB Name/Title: _________________________________________

IFB Number: # __________________________________________

Pursuant to Executive Orders 227 and 246, any contract with a potential financial benefit of $50,000 dollars or more requires a bidder to submit an Affirmative Action Plan. The format for Affirmative Action Plans shall be determined in accordance with the Executive Orders and the procuring department’s secretariat, if the secretariat specifies a format. If a format has not been specified by the department's secretariat, bidders will be required to complete either A or B below:

A. BIDDER MUST ATTACH A COPY OF AFFIRMATIVE ACTION PLAN TO IFB RESPONSE.

OR

B. BIDDER MUST COMPLETE THE FOLLOWING CERTIFICATION OF AFFIRMATIVE ACTION PLAN.

IN WITNESS WHEREOF, the bidder certifies under the pains and penalties of perjury, that as an employer, it is committed to non-discrimination in employment and if selected to execute contracts with the Commonwealth of Massachusetts shall also be committed to procure commodities, services and supplies from certified minority and women-owned business enterprises, businesses owned by individuals with disabilities and businesses owned and controlled by socially or economically disadvantaged individuals, both in the performance of contracts with the Commonwealth of Massachusetts and in the performance of its business generally, as certified by the execution of this certification by an authorized signatory of the bidder as of the last date indicated below.

X

(Signature of Authorized Signatory of Bidder)

PRINT NAME:

(Print Name of Authorized Signatory of Bidder)

TITLE:

(Print Title of Authorized Signatory of Bidder)

DATE:

Business Reference Form

Bidder:

IFB Name/Title:

IFB Number:

The bidder must provide (indicate a…