Bid Instructions Methuen Readiness Parking Lot Concrete and Asphalt Repairs 1.pdf

Maura Healey Governor

Kim Driscoll Lieutenant Governor

KARYN E. POLITO

The Commonwealth of Massachusetts

Executive Office of Public Safety & Security

Military Division 2 Randolph Road

Hanscom AFB, Massachusetts 01731-3001 Tel: (339) 202-3900 www.mass.gov/guard

Gina K. Kwon Secretary of Public Safety & Security

Major General Gary W. Keefe The Adjutant General

July 17, 2026

FMO26050 Methuen Readiness Center Parking Lot Concrete and Asphalt Repairs, MA Army

National Guard Location – 679 Lowell Rd. 01844

Bidder’s Instructions

Concept: The Awarding Authority seeks a Limited User Contract to contract with one (1) contractor to facilitate parking lot repairs and all subsequent items in the included specifications for the project

FMO26050 Methuen Readiness Center Parking Lot Concrete and Asphalt Repairs.

Estimated Project Cost: $60,000.00

Project is subject to Department’s availability of funds and appropriation.

Applicable Procurement Law: MGL. c. 30, 39M

Scope of Work:

The Methuen Readiness Center's parking lot, as well as the concrete at the front of the building, is displaying signs of disrepair as substantial cracks and damage are beginning to show. The cracks are quickly worsening with weather and traffic, leading to potential hazards and further damage if not addressed. The location is also not fully compliant to meet ADA standards and requires replacement of detection panels along the sidewalk.

Please refer to the Statement of Work forms included in the attachments section of the bid solicitation for more details regarding project scope.

Acquisition Method: Fee for Service. Unless other arrangements are made, the Awarding Authority will accept a single invoice for the awarded project amount to be paid with Electronic Funds Transfer

(EFT). All Invoices and certified payroll sheet(s) should be submitted to milaccountspayable@mass.gov email address.

Site visit: Any vendor interested in attending the site visit must contact the Project Manager Brian

Hicks at brian.s.hicks10.nfg@army.mil mailto:milaccountspayable@mass.gov mailto:brian.s.hicks10.nfg@army.mil

Written Questions must be entered using the “Bid Q&A” tab for the Bid in COMMBUYS no later than the “Online Questions Due” date and time indicated in the Estimated Procurement Calendar (above).

The issuing department reserves the right to not respond to questions submitted after this date. It is the

Bidder’s responsibility to verify receipt of questions. It is the responsibility of the prospective Bidder and awarded Contractor to maintain an active registration in COMMBUYS and to keep current the email address of the Bidder’s contact person and prospective contract manager, if awarded a contract, and to monitor that email inbox for communications from the Purchasing Department, including requests for clarification. The Purchasing Department and the Commonwealth assume no responsibility if a prospective Bidder’s/awarded Contractor’s designated email address is not current, or if technical problems, including those with the prospective Bidder’s/awarded Contractor’s computer, network, or internet service provider (ISP) cause email communications sent to/from the prospective

Bidder/Awarded contractor and the Purchasing Department to be lost or rejected by any means including email or spam filtering.

Bid due date: Bids will be submitted electronically on CommBuys.com no later than August 5, 2026 at 10:00 AM.

Bid Submission: Participating vendors shall submit a completed General Bid Form with a lump sum cost for the project scope of work. A 5% bid bond must accompany a completed general bid form.

Additional statutory forms to be included are the Commonwealth Authorized Signatory and Non-

Collusion Forms.

Insurance: The awarded contractor will be responsible for producing a certificate of liability insurance, naming the MA National Guard as additionally insured.

A Payment Bond to the amount of 50% of the project value will also be required should the project value exceed $25,000. Payment Bonds and Performance Bonds in the amount of 100% of the project cost will be required for bids over $150K. Contractors are advised to include the costs of such a bond in their quotes.

Only electronic quotes submitted via commbuys.com will be accepted in response to this RFQ.

Estimated Procurement Calendar:

Announcement of Intent to Procure JULY 22

Bid Release Date JULY 22

Pre-Bid Site Visit

Deadline for Quotes/Bid Responses AUG 5 (10:00AM)

Notification of Apparent Successful Bidders AUG 10

Estimated Contract Start Date AUG 24

Wage Rate Instructions: As this project is funded partially by National Guard Bureau and the

Commonwealth of Massachusetts Department of Labor Standards wage rates apply. Certified payrolls will be required at the conclusion of every job regardless of the size prior to the release of final payment.

Pay Discount (PPD): Prompt Payment Discounts will be applicable for this project. All discounts offered will be taken in cases where the payment issue date is within the specified number of days listed by vendor and in accordance with the Commonwealth’s Bill Paying Policy. Payment days will be measured from the date an invoice is received by the Commonwealth. The date of payment “issue” occurs when the invoice is processed and scheduled by the Awarding Authority Accounts Payable department. EFT arrival dates can vary from bank to bank. The length of time a bank takes to accept an

EFT is not something an Awarding Authority has control over.

SECTION I - BIDDER'S REPRESENTATION

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

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

It is the sole responsibility of the Bidder to ascertain the existence of any addenda issued by the

Awarding Authority, whether or not the same are received by the Bidder.

PREPARATION OF BIDS; ALTERNATES

Where so indicated on the bid form, sums shall be expressed in both words and numerals. Where there is a discrepancy between the Bid sum expressed in words and the Bid sum expressed in figures, the Bid sum expressed in words shall control unless the intention of the Bidder clearly is otherwise as determined by the Awarding Authority in its sole discretion.

Each General Bidder shall acknowledge all required alternates in Part C on the Form for General Bid by entering the dollar amount of addition or subtraction necessitated by each alternate. General Bidders shall enter on the Form for General Bid a single amount for each alternate that shall consist of the sub-bidders' amounts and the amount for work performed by the General Bidder.

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

The applicable minority workforce utilization percentage is 15.3 %.

The applicable women workforce utilization percentage is 6.9 %.

CONTRACT AWARD

"Award" means the determination, selection, and notification of the lowest, responsible and eligible

Bidder by the Awarding Authority.

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

The Contract will be awarded to the lowest responsible and eligible Bidder as determined by the

Awarding Authority, except in the event of substitution as provided under M.G.L. c.l49, §§44E and

44F, in which cases the procedure as required by said sections shall govern the award of the Contract.

As used herein, the term "lowest responsible and eligible Bidder" shall mean the general bidder whose

Bid is the lowest of those Bidders who, in the Awarding Authority's opinion, are ready, willing and able to comply with all requirements of the Contract Documents and demonstrably possess the skill, ability, and integrity necessary for the faithful performance of the Work, based on the determination of past performance and financial soundness under (i) M.G.L. c.l49 §44A and following sections, (ii) the rules, regulations, orders, guidelines and policies promulgated from time to time by the Commissioner of

DCAMM and (iii) any other relevant criteria that the Commissioner may prescribe. If the Awarding

Authority determines that any non-filed subcontractor chosen by a Bidder is not qualified or responsible, then the Bidder shall obtain another subcontractor satisfactory to Awarding Authority and the contract price shall not be adjusted.

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

Should the Contract Documents require submission of special data to accompany the Bid, the Awarding

Authority reserves the right to rule the Bidder’s failure to submit such data an informality and to receive said data subsequently within a reasonable time as set by the Awarding Authority, provided that no such ruling shall result in an unfair advantage to the Bidder.

The Awarding Authority also reserves the right to reject any sub-bid if it determines that such sub-bid does not represent the Bid of a person competent to perform the work as specified, or if fewer than three sub-bids are received for a sub-trade and the Bid prices are not reasonable for acceptance without further competition.

If the Awarding Authority decides to reject all general bids or if the Awarding Authority does not receive any general bids, the Awarding Authority may retain and use the sub-bids received for a second opening of general bids; provided, however, that there are no changes in the work involved for the subtrades for which the sub-bids are so retained and used; and provided, further, that the Awarding

Authority shall obtain the consent of each sub-bidder included in any award of a general Contract made pursuant to the second opening of general bids if such award is not made within ninety days, Saturdays, Sundays and legal holidays excluded, after the opening of such sub-bids.

EXECUTION OF CONTRACTS

If a selected filed sub-bidder fails, within five days, Saturdays, Sundays and legal holidays excluded, after presentation of a Subcontract by the general bidder to which the Contract was awarded, to perform its agreement to execute a Subcontract in the form provided by the Awarding Authority with such general bidder contingent upon the execution of the general Contract, and, if requested to do so by such general bidder in the general bid, to furnish a performance and a payment bond as stated in its filed sub-bid, such general bidder and the Awarding Authority shall select from the other filed sub-bids duly filed with the Awarding Authority for such subtrade and not rejected the lowest responsible and eligible filed sub-bidder at the amount named in its filed sub-bid as so filed against whose standing and ability the general Contractor makes no objection, and the Contract price shall be adjusted by the difference between the amount of such filed sub-bid and the amount of the sub-bid of the delinquent filed sub-bidder.

Upon receipt of the Award, the general bidder awarded the Contract shall immediately submit properly executed originals of each of the following documents prior to execution of the Contract by the

Awarding Authority. All such documents shall be in the form prescribed by the Awarding Authority.

-Owner-Contractor Agreement

-Certificate of Corporate Vote

-Certificate of Compliance with State Tax Laws and with Unemployment Compensation

-Performance and Payment Bonds with power of attorney attached

-Certificates of Insurance evidencing coverages in amounts required by the Contract Documents

-Any other documents that the Awarding Authority may reasonably require in connection with the

Contractor's execution of the Contract.

Please note that no part of the General Contractor's work may be subcontracted without the prior written approval of the Awarding Authority. If the General Contractor desires to subcontract any part of the Work, other than work covered by Item 2, filed sub-bidders, the General Contractor must promptly forward to the Awarding Authority a list in triplicate designating the work to be performed and the name of each proposed subcontractor for approval by the Awarding Authority. Approved subcontractors are eligible for direct payments under M.GL. 30, § 39F, as amended. Material suppliers not involving site labor need not be submitted for approval.

ATTACHMENT A

PREVAILING WAGE SCHEDULE

The minimum wage rates provided in the following pages have been provided by the Department of

Labor Standards of the Massachusetts Department of Labor and Workforce Development and also include the most recent Davis Bacon and Related Acts Wage Rates from www.sam.gov. The Awarding

Authority is not responsible for errors or omissions in such wage rates. Prevailing Wage Schedules will be updated annually through the duration of the project.

M.G.L. c. 149, §§ 26 and 27 provide as follows:

". . . Payments by employers to health and welfare plans, pension plans and supplementary unemployment benefit plans under collective bargaining agreements or understandings between organized labor and employers shall be included for the purpose of establishing minimum wage rates as herein provided.

. . . The aforesaid rates of wages in the schedule of wage rates shall include payments by employers to health and welfare plans, pension plans and supplementary unemployment benefit plans as provided in said section twenty-six, and such payments shall be considered as payments to persons under this section performing work as herein provided. Any employer engaged in the construction of such works who does not make payments to a health and welfare plan, a pension plan and a supplementary unemployment benefit plan, where such payments are included in said rates of wages, shall pay the amount of said payments directly to each employee engaged in said construction"

Mass General Laws c. 149, §27, as amended on August 8, 2008 requires annual updates to prevailing wage schedules for all public construction projects lasting longer than one year. The Contractor is required to obtain the wage schedules from awarding authorities, and to pay no less than these rates to covered workers. The Contractor and all Subcontractors are required to anticipate such annual updated prevailing wage schedules and neither the Contractor nor any Subcontractors shall be entitled to claim additional compensation for base contract work due to updated prevailing wage schedules.

The minimum wage rates issued by the Department of Labor Standards for this and all other projects are project specific and the rates provided in this bid package and those provided as annual updates for this project will govern the prevailing wages for this project. For general informational purposes contractors and subcontractors may obtain sample current prevailing wage rates for different locations in Massachusetts by accessing the DLS website at www.mass.gov/dols/pw and requesting an

“example” copy of a prevailing wage schedule.

MIL requires submission of weekly certified payroll.