Bid Package~34.doc

Project Number:DRM 2024-57 #9 Title: Emergency Notification System

BID PACKAGE

PART I

INSTRUCTIONS TO BIDDERS

Instructions to Bidders

Attachment A: Minimum Wage Rates Attachment B: Forms Used During Bidding

Prime/General Contractor Update Statement

Sub-Bidder Update Statement (if applicable) Form for General Bid Form for Filed Sub-Bid (if applicable) SDP Plan Form #1

COMMONWEALTH OF MASSACHUSETTS

INSTRUCTIONS TO BIDDERS

Awarding Authority:

MA Department of Correction

50 Maple Street, Suite 3

Milford, MA 01757

Telephone: (508) 422-3409 Mass. State Project No. DRM 2024-57 #9 Title: Emergency Notification System Category of Work: Electrical Project Description and Scope: Audible-Visual Emergency Notification System MANDATORY Pre-Bid Meeting Information (if any):

Date: Thursday, November 7, 2024 Time: 9:00AM Location: North Central Correctional Institute, 500 Colony Road, Gardner, MA 01440

Questions Due By: Tuesday, November 12, 2024 at 2:00pm Send Questions via email to: Brian.Fluet@doc.state.ma.us Responses Posted to CommBuys: Thursday, November 14, 2024 Deadline for filing filed Sub-bids is: N/A

Deadline for filing General bids is: 2:00PM Thursday, November 21, 2024 The list of filed subtrades for this project – if applicable – is found at Page 2 of these Instructions to Bidders.

The minimum wage rate requirements for this Contract are located in Attachment A to these Instructions to Bidders.

Pursuant to M.G.L. c. 30, §39S(a) (2) all employees to be employed on the project must have successfully completed a course in construction safety and health approved by OSHA and of at least 10 hours in duration.

The Contractor must provide written verification as detailed in the General Conditions at Article X, of compliance with Massachusetts and federal laws with respect to the employment of workers and Federal Department of Homeland Security Requirements, including, but not limited to, the Employment Eligibility Verification (Form I-9) Process.

Bid forms for this Contract are located in Attachment B to these Instructions to Bidders.

The Minority Business Enterprise and Women Business Enterprise

(MBE/WBE) participation goal for this Contract is a combined goal of 10.4 %.

The combined goal requires a reasonable representation of both MBE and WBE firm participation on the project as further set forth in Section

8 below and the general conditions of the contract.

The applicable minority workforce utilization percentage is N/A The applicable women workforce utilization percentage is N/A The Commonwealth encourages the participation of Service-Disabled Veteran-Owned Business Enterprises (“SDVOBE”) on its construction projects. The benchmark for SDVOBE participation on the Project is 3%.

The time for completion of the Work is specified in Article 2 of the Owner - Contractor Agreement. Liquidated damages for failure to complete work on time are as stated in Article 8 of the Owner - Contractor Agreement.

Bidding Documents may be examined and copies may be obtained after 12:00PM on Wednesday, October 23, 2024 at:

Department of Correction

Division of Resource Management

50 Maple Street – 2nd Floor

Milford, MA 01757

Contact Darlene Keane at 508-422-3662

The filed subtrades for this project are as follows:

Section # Filed Subtrade

All Bid Deposits

5% of Bid Amount

N/A N/A

As used herein, capitalized terms shall have the meaning assigned to them in the General Conditions of the Contract and the Owner - Contractor Agreement unless the context clearly indicates otherwise.

SECTION I - BIDDER'S REPRESENTATION

1.1 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.

1.2 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.

SECTION 2 -- GENERAL BIDDERS - CERTIFICATE OF ELIGIBILITY AND UPDATE STATEMENT

2.1 Every general bidder must submit the following with its general bid:

--A Prime/General Contractor Certificate of Eligibility issued by the Division of Capital Asset Management and Maintenance ("DCAMM"), showing that the Bidder has been approved to bid on projects for the category of work required and that the Bidder has a single project limit in an amount no lower than the amount of its Bid including all "add" alternates.

--A fully completed Prime/General Contractor Update Statement.

2.2 It is the Bidder's responsibility to obtain the necessary forms from DCAMM and to submit its Application for Certificate of Eligibility so as to allow sufficient time for DCAMM's evaluation of the application and issuance of a Certificate of Eligibility prior to the deadline for bidding.

2.3 The Prime/General Contractor Update Statement is not a public record as defined in M.G.L. c. 4, § 7 and will not be open to public inspection.

SECTION 3 – FILED SUB-BIDDERS - CERTIFICATE OF ELIGIBILITY AND UPDATE STATEMENT

3.1 Every filed sub-bidder must submit the following with each filed sub-bid:

--A Sub-Bidder Certificate of Eligibility issued by the Division of Capital Asset Management and Maintenance ("DCAMM") for that sub-bid trade, showing that the sub-bidder has been approved to bid on projects of the category of work required.

--A fully completed Sub-Bidder Update Statement.

3.2 It is the sub-bidder's responsibility to obtain the necessary forms from DCAMM and to submit its Application for Sub-bidder Certificate of Eligibility so as to allow sufficient time for DCAMM's evaluation of the application and issuance of a Sub-Bidder Certificate of Eligibility prior to the deadline for bidding.

3.3 The Sub-Bidder Update Statement is not a public record as defined in M.G.L. c. 4, §7 and will not be open to public inspection.

SECTION 4 -- REQUESTS FOR INTERPRETATION

4.1 Any questions by prospective Bidders concerning interpretation of the Contract Documents must be submitted in writing to the Awarding Authority and should be in its possession at least ten working days before the date set for the receipt of general bids, or, if a question pertains to Item 2 filed sub-bid work, at least ten working days before the date set for the receipt of filed sub-bids. The Awarding Authority will mail any addenda or written interpretations that it deems necessary to Bidders who have taken out plans at the address given by them before the date set for the receipt of affected Bids. Bidders may not rely upon oral communications or interpretations from the Awarding Authority or the Designer and the Awarding Authority shall not be bound by them.

4.2 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 mailed to, or received by, Bidder. Copies of addenda will be made available for inspection at the locations listed in the Advertisement where the Contract Documents are on file.

4.3 Wherever in the Contract Documents reference is made to Massachusetts General Laws, it shall be construed to include all amendments thereto effective as of the date of the issuance of the invitation to bid on the proposed work.

SECTION 5 -- PREPARATION OF BIDS; ALTERNATES

5.1 General Bids shall be submitted on the Form for General Bid included in Attachment B to these Instructions to Bidders. Filed sub-Bids shall be submitted on the Form for Sub-Bid included in Attachment B to these Instructions to Bidders.

5.2 All entries on the Bid form shall be typewritten or in ink.

5.3 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.

5.4 Each general bidder shall acknowledge all required alternates in Section 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.

5.5 If an alternate includes work within the Bidder's scope of work and does not involve a change in the cost of the Bid, the Bidder shall so indicate by writing "No Change" or "N/C" or "0" in the space provided for that alternate. Sub-bidders shall enter on the Form for Sub-Bid the amount of addition or subtraction necessitated only for those alternates expressly identified in the Bid Documents as part of the sub-bidder’s category of work. If the alternate is not identified in the Bid Documents as affecting the sub-Bidder's category of work then the sub-Bidder shall so indicate by writing "N/A" and only "N/A” or leaving the alternate blank.

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

5.7 If the space for indicating a requirement for payment and performance bonds for filed sub-bidders is left blank by the general bidder on the Form for General Bid, the Awarding Authority shall interpret this as a "No."

5.8 Costs for the selected filed sub-bidder's bond premiums shall be paid for by the selected general bidder in accordance with M.G.L. c. 149, § 44F unless the project is a project in which contractor and subcontractor prequalification are required pursuant to M.G.L. 149, §§ 44D1/2 or 44D3/4.

5.9 If the general bidders are instructed to carry an amount for a given subtrade listed under Item 2, general bidders shall list the subtrade and the amount provided by the Awarding Authority. The line under "bonds required" on the Form for General Bid should be left blank or marked "N/A" in order for subsection 5.10 to apply.

5.10 Upon solicitation of a subcontractor to perform the work required with respect to a subtrade referenced in subsection 5.9, the general bidder's Contract Price shall be adjusted by the following: a) the difference between the subcontract amount and the amount carried in the general bid; b) the total cost of the subcontractor's bonds, if the general bidder requires such bonds after the solicitation is completed and if the general bidder complied with 5.9 above; c) the documented increased costs for the general bidder's bonds, if any, attributable to the incremental difference between the amount carried for the given subtrade and the actual subcontract amount.

5.11 Overhead and profit for supervision of the subtrade mentioned in subsections 5.9 and 5.10 above shall be included by all general bidders in Item 1 of the subdivision of the Contract Price. No additional overhead or profit will be paid on the incremental difference between the amount carried for the subtrade and the subcontract amount as stated in M.G.L. c. 149, § 44F(4)(a)(2).

5.12 Sub-bidders should not list Paragraph E sub-subcontractors unless requested to do so by the Awarding Authority.

5.13 Each general bid and each Bid of a filed sub-bidder must be accompanied by a bid deposit in the form of a bid bond; cash; or a check certified by, or a treasurer's or cashier's check issued by, a responsible bank or trust company, payable to the Commonwealth of Massachusetts. Any bid bond shall be (a) in a form satisfactory to the Awarding Authority, (b) with a surety company qualified to do business in the Commonwealth and (c) conditioned upon the faithful performance by the principal of the agreements contained in the Bid.

5.14 The amount of such bid deposit shall be 5% five per cent of the value of the Bid including alternates.

SECTION 6 - SUBMISSION OF BIDS

6.1 Each sub-bid, including the bid deposit, DCAMM Sub-Bidder Certificate of Eligibility and properly completed DCAMM Sub-Bidder Update Statement using the most recent form available on DCAMM’s website shall be enclosed in a sealed envelope with the following plainly marked on the outside:

Filed Sub-Bid for:

Mass. State Project No. DRM 2024-57 #9 Title: Emergency Notification System Sub Bid Section No. N/A Trade: N/A Sub-Bidders name, business address, and telephone number.

6.2 Each general bid, including the bid deposit, DCAMM Prime/General Contractor Certificate of Eligibility, and properly completed DCAMM Prime/General Contractor Update Statement, using the most recent form available on DCAMM’s website shall be enclosed in a sealed envelope with the following plainly marked on the outside:

General Bid for:

Mass. State Project No. DRM 2024-57 #9 Title: Emergency Notification System General Bidders name, business address, and telephone number.

6.3 All Bids must be received by the Awarding Authority at the address specified on page 1 of these Instructions to Bidders no later than the applicable date and time specified on page 1 of these Instructions to Bidders. Any Bid not received by the applicable deadline will not be accepted.

6.4 Bidding results will not be given out over the telephone prior to 1:00 PM of the day following the Bid opening.

SECTION 7 - WITHDRAWAL OF BIDS; REJECTION OF BIDS

7.1 Any Bid may be withdrawn prior to the specified deadline for the receipt of Bids provided that the withdrawal shall be made by a written request signed by a person having the authority to bind the Bidder. The written request must be hand delivered or otherwise delivered to the Awarding Authority’s Bid Room addressed to the attention of the Bid Room Manager and must be received on or before the date and time appointed as the deadline for the receipt of Bids.

7.2 A Bidder may withdraw its Bid without penalty at any time up to the time of Award as defined below in subsection 9.1 only upon demonstrating to the satisfaction of the Awarding Authority that a death or disability has occurred or a bona fide clerical or mechanical error of a substantial nature was made during the preparation of the bid. Failure to demonstrate conclusively that a bona fide clerical or mechanical error of a substantial nature was made may result in forfeiture of the Bid Deposit.

7.3 The Awarding Authority reserves the right to waive any informality in or to reject any and all Bids if it is in the public interest to do so. Without limiting the foregoing, the Awarding Authority reserves the right to reject unit prices which it deems unduly high or unduly low as unbalanced.

SECTION 8 – MBE/WBE and SDVOBE PARTICIPATION

8.1 The apparent low Bidder's compliance with the requirements of this Section 8 is a prerequisite for receiving the Award of the Contract.

8.2 The Supplier Diversity Office (“SDO”) certified Minority Business Enterprise (“MBE”) and Women Business Enterprise (“WBE”) (collectively “MBE/WBE”) and SDVOBE participation goals for this Contract are as set forth on the second page of these Instructions to Bidders. The successful Contractor must utilize a mix of both MBE and WBE firms whose participation, when added together, meets the overall combined goal set for the Contract. It is important that both MBE and WBE firms have an opportunity to work on public projects with a combined MBE/WBE goal. Therefore, projects with a combined goal must include a reasonable representation of both MBE and WBE firms to meet the combined goal. If the Contractor is itself an MBE or WBE, MBE or WBE participation credit shall be given in an amount equal to the entire Contract Price less the value of the work actually performed by other MBE or WBE firms on the Contract. If the Contractor is not an MBE or WBE, then MBE/WBE participation credit will be given for the value of the work that is actually performed by each MBE or WBE subcontractor or sub-subcontractor. Although the Contract contains a combined goal, participation by MBE and WBE firms must be reported and tracked separately.

8.3 The Awarding Authority reserves the right to waive any provision or requirement of this Section if the Awarding Authority determines that such waiver is justified and in the public interest. No such waiver shall be effective unless in writing and signed by a representative of the Awarding Authority's Contract Office or the Office of its General Counsel. No other action or inaction by the Awarding Authority shall be construed as a waiver of any provision of this Article.

8.4 SDP Plan Form #1 (SDP Commitment) must be submitted as part of the general bid or within five (5) business days of bid opening in order to meet the participation goals of the SDP.

8.5 No later than five (5) working days after the opening of general bids, the apparent low Bidder shall submit the following documents to the Awarding Authority's Compliance Office: (i) Supplier Diversity Program (SDP) Plan - Declaration of SDP Partner(s) (SDP Plan Form #2) showing MBE/WBE/SDVOBE participation in amounts equal to or exceeding the MBE/WBE/SDVOBE participation goals for this Contract,

8.6 SDP Plan Form #3- Reporting Form must be submitted by the Contractor within 45 days of the end of each quarter for the duration of the contract.

SECTION 9 -- CONTRACT AWARD

9.1 "Award" means the determination, selection, and notification of the lowest, responsible and eligible Bidder by the Awarding Authority.

9.2 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.

9.3 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.

9.4 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.

9.5 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.

9.6 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.

9.7 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.

9.8 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.

SECTION 10 - EXECUTION OF CONTRACTS

10.1 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.

10.2 Upon receipt of the Award, the general bidder awarded the Contract shall submit one (1) properly executed original 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. Note: The successful general bidder must submit its SDP Plan Form #1 as set forth in Section 8.5 above prior to Award of the Contract.

-Owner-Contractor Agreement

-Certificate of Corporate Vote

-Certificate of Joint Venture (if appropriate)

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

Contribution Requirements

-Workforce Certification

-Executive Order 504 Contractor Certification Form

-Performance and Payment Bonds with power of attorney attached

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

Documents

-Written representation by the General Contractor to the effect that it has presented subcontracts to all selected filed sub-bidders and a statement as to whether or not each such selected filed sub-bidder has executed its subcontract such that the Awarding Authority may release the Bid Deposit with respect to the same. Misrepresentation of the foregoing shall render the General Contractor liable to the Awarding Authority for the sum of any Bid Deposit released by the Awarding Authority with respect to a filed sub-bidder that fails to execute its subcontract.

-Any other documents that the Awarding Authority may reasonably require in connection with the Contractor's execution of the Contract.

10.3 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 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.

SECTION 11 - RETURN OF BID DEPOSITS

11.1 All Bid Deposits of general bidders, except those of the three (3) lowest responsible and eligible general bidders, shall be returned within five (5) days, Saturdays, Sundays and legal holidays excluded, after the opening of the general bids. The Bid Deposits of the three (3) lowest responsible and eligible general bidders shall be returned upon the execution and delivery of the General Contract or, if no award is made, upon the expiration of the time prescribed in M.G.L. c. 149, § 44A for making an award; except that, if any general bidder fails to perform its agreement to execute the Contract and furnish Performance and Payment Bonds as stated in its Bid, then said general bidder's Bid Deposit shall become the property of the Commonwealth as liquidated damages; provided that the amount of the Bid Deposit that becomes the property of the Commonwealth shall not exceed the difference between the Contractor's Bid price and the Bid price of the next lowest responsible and eligible Bidder; and provided further that, in the case of death, disability, bona fide clerical or mechanical error of a substantial nature, or other similar unforeseen circumstances affecting the general bidder, such general bidder's Bid Deposit shall be returned.

11.2 All Bid Deposits of sub-bidders, except (i) those of the sub-bidders named in the general bids of the three (3) lowest responsible and eligible general bidders and (ii) those of the three (3) lowest responsible and eligible sub-Bidders for each subtrade, shall be returned within five (5) days, Saturdays, Sundays and legal holidays excluded, after the opening of the general bids. The Bid Deposits of sub-bidders not returned pursuant to the provisions of the preceding sentence shall be returned within five (5) days, Saturdays, Sundays, and legal holidays excluded, after the execution of the General Contract; except that, if a selected sub-bidder fails to perform its agreement to execute a sub-contract with the general bidder selected as the general contractor, contingent upon the execution of the General Contract, and, if requested to do so in the general bid by such general bidder, to furnish a Performance and Payment Bonds as stated in its sub-bid in accordance with M.G.L. c. 149, § 44F(2), the Bid Deposit of such sub-bidder shall become the property of the Commonwealth as liquidated damages, provided that the amount of the Bid Deposit that shall become the property of the Commonwealth shall not exceed the difference between its sub-bid price and the sub-bid price of the next lowest responsible and eligible sub-bidder.

11.3 In addition to the provisions for the return of Bid Deposits as provided above, upon receipt of a Bid Bond in an amount not less than the amount of the required Bid Deposit, the Awarding Authority shall return any Bid Deposit of a Bidder forthwith after the public opening of Bids.

ATTACHMENT A

PREVAILING WAGE SCHEDULE (see separate attachment) 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. 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.

Attachment B:

Forms Used During Bidding

Prime/General Contractor Update Statement (separate file) Sub-Bidder Update Statement – if applicable (separate file) Form for General Bid

Form for Sub-Bid (if applicable) SDP Plan Form #1 Commonwealth of Massachusetts

Department Correction

50 Maple Street, Suite 3

Milford, MA 01757

Telephone: (508) 422-3365

FORM FOR GENERAL BID

M.G.L. c. 149, s. 44E as amended

The following must be attached to or inserted into this Bid:

1. Current Bidder's Certificate of Eligibility issued by the Division of Capital Asset Management and Maintenance showing the Bidder is certified in the category of work specified in the advertisement and the bid documents for this project.

2. Completed Contractor Update Statement (Form CQ3). NOTE: All information and the documents called for in the update statement must be supplied. All information provided must be complete and accurate. A defect or omission in the Update Statement may result in the rejection of the Bid. Part 5 MUST list the NAMES of all supervisory personnel for this project.

3. Bid deposit meeting the requirements of Section 5.13 and 5.14 of the Instructions to Bidders.

FORM FOR GENERAL BID

To the Awarding Authority:

A. The undersigned proposes to furnish all labor and materials required for

Project No.: DRM 2024-57 #9

Project Name: Emergency Notification System at North Central Correctional Institute, 500 Colony Road, Gardner, MA 01440, Massachusetts, in accordance with the accompanying plans and specifications prepared by MERGEFIELD "Designer" (name of designer) for the contract price specified below, subject to additions and deductions according to the terms of the specifications.

B. This bid includes addenda numbered (list all addenda) _________________________.

C. The proposed contract price is ________________________________________________________________________

(total bid in words) dollars ($______________________). [The unit price proposals are on page 2a.]

For Alternate No. 1: Add $_______________ Subtract $________________

For Alternate No. 2: Add $_______________ Subtract $________________

For Alternate No. 3: Add $_______________ Subtract $________________

For Alternate No. 4. Add $_______________ Subtract $________________

For Alternate No. 5: Add $_______________ Subtract $________________

Name of General Bidder ________________________________________________ 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.

______________________________________________________dollars ($_________)

(total bid in words)

Item 2. Sub-bids as follows:

Section # Subtrade Name of Sub-Bidder Amount Bonds required, indicate by

"Yes" or "No"

Total Item 2

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 it is selected as general contractor, it 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 it is selected as general contractor, it 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.

The undersigned hereby certifies that it 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 a t 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 it will comply fully with all laws and regulations applicable to awards made subject to section forty-four A of Chapter 149 of the General Laws.

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.

The undersigned further certifies under penalties of perjury that the undersigned is not debarred from doing public construction work under any law, rule or regulation of the federal government.

The undersigned hereby declares that the undersigned has carefully examined the Advertisement, Instructions to Bidders, Owner - Contractor Agreement, General Conditions of the Contract, Special Conditions (if any), Plans and Specifications, all other Contract Documents, and also the Site upon which the proposed work is to be performed. The undersigned further declares that in regard to the conditions affecting the work to be done and the labor and materials needed, this proposal is based solely on the undersigned's own investigation and research and not in reliance upon any representation of any employee, officer or agent of the Commonwealth.

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;

-- we are the only persons interested in this proposal;

-- that it is made without any connection with any other person making any bid for the same work and without directly or indirectly influencing or attempting to influence any other person to bid or to refrain from bidding or to influence the amount of the bid of any other person or corporation;

--that no person acting for, or employed by, the Commonwealth of Massachusetts is directly or indirectly interested in this proposal, or in any contract which be made under it, or in expected profits to arise therefrom.

As used above the word "person" shall mean natural person, joint venture, partnership, corporation or other business or legal entity.

The undersigned certifies that it shall comply with the provisions of the Equal Employment

Opportunity, Non-Discrimination, and Affirmative Action Program set forth in Article

XII of the General Conditions of the Contract.

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.

Date______________________, 200_.

( Name of General Bidder)

By____________________________________________________

(Name and Title of Person Signing Bid)

(Business Address)

(City and State)

(Telephone Number)

(Facsimile Number)

The following information is furnished by the Bidder for the information of the Department of Correction.

Is Bidder a corporation? ____ If so, incorporated in what state?_____________________

President________________________________________________________________

Secretary or Clerk ________________________________________________________

Treasurer________________________________________________________________

If Bidder is a foreign corporation, is it registered to do business in Massachusetts?______

If Bidder is a foreign corporation and is selected, Bidder is required under M.G.L. c. 30, s. 39L to obtain from the Massachusetts Secretary of State, One Ashburton Place, 17th floor, a certificate stating that the corporation is registered to do business in Massachusetts, and to furnish said certificate to the awarding authority prior to the award.

Is Bidder a general partnership or joint venture? _____ If so, name each partner or venturer_________________________________________________________________

Is Bidder a limited partnership? ______________________________________________

Is Bidder registered in Massachusetts? ____ If so, name each general partner __________

If Bidder is a foreign limited partnership and is selected, Bidder is required under M.G.L. c. 30, s. 39L to obtain from the Massachusetts Secretary of State, One Ashburton Place, 17th floor, a certificate stating that the partnership is registered to do business in Massachusetts, and to furnish said certificate to the awarding authority prior to the award.

For each general partner or venturer that is a corporation, provide the following information (use additional sheets if necessary):

Name of corporation ______________________________________________________

State of incorporation______________________________________________________

President________________________________________________________________

Secretary or Clerk ________________________________________________________

Treasurer________________________________________________________________

Name of corporation ______________________________________________________

State of incorporation______________________________________________________

President________________________________________________________________

Secretary or Clerk ________________________________________________________

Treasurer________________________________________________________________

Is Bidder an individual? ____________________________________________________

Residence Address________________________________________________________

Name under which Bidder does business_______________________________________

Business Address_________________________________________________________ If selected Bidder is an individual doing business under a different name then Bidder must furnish evidence of any required DBA filing.

Commonwealth of Massachusetts

Department of Correction

50 Maple Street, Suite 3

Milford, MA 01757

Telephone: (508) 422-3365

FORM FOR SUB-BID

M.G.L. c. 149, s. 44F as amended

The following must be attached to or inserted into this Sub-Bid or Trade Bid:

1.

Current Sub-Bidder Certificate of Eligibility issued by the Division of Capital Asset Management and Maintenance showing the Sub-Bidder or Trade Contractor is certified in the category of work for which this Sub-Bid is submitted.

2.

Completed Sub-Bidder Update Statement. NOTE: All information and the documents called for in the update statement must be supplied. All information provided must be complete and accurate. A defect or omission in the Update Statement may result in the rejection of the Bid. Part 5 MUST list the NAMES of all supervisory personnel for this project.

3.

Bid deposit meeting the requirements of Section 5.13 and 5.14 of the Instructions to Bidders.

To all General Bidders except those excluded:

A. The undersigned proposes to furnish all labor and materials required for completing, in accordance with the hereinafter described Plans, Specifications and addenda, all the work specified in Section No. N/A of the Specifications and in any Plans specified in such section, prepared by MERGEFIELD "Designer" (designer) for

(project number): DRM 2024-57 #9 (project name): Emergency Notification System at North Central Correctional Institute, 500 Colony Road, Gardner, MA 01440, Massachusetts, for the Contract sum of

_______________________________________________________________dollars

For Alternate No. 1: Add $_______________ Subtract $________________

For Alternate No. 2: Add $_______________ Subtract $________________

For Alternate No. 3: Add $_______________ Subtract $________________

For Alternate No. 4. Add $_______________ Subtract $________________

For Alternate No. 5: Add $_______________ Subtract $________________

B.

This sub-bid includes addenda numbered (list all addenda) __________________

Name of Sub-bidder ____________________________________

C.

This sub-bid

May be used by any general bidder except: ________________________

May only be used by the following general bidders: _________________

(To exclude general bidders, insert “X” in one box only and fill in blank following that box. Do not answer C if no general bidders are excluded.)

D.

The undersigned agrees that, if it is selected as a sub-bidder, it will, within five days, Saturdays, Sundays, and legal holidays excluded, after presentation of a subcontract by the general bidder selected as the general contractor, execute with such general bidder a subcontract in accordance with the terms of this sub-bid, and contingent upon the execution of the general contract, and if requested so to do in the general bid by such general bidder, who shall pay the premiums therefore, or if prequalification is required pursuant to section 44D3/4, furnish a performance and payment bond of a surety company qualified to do business under the laws of the Commonwealth and satisfactory to the awarding authority in the full sum of the subcontract price.

E.

The names of all persons, firms and corporations furnishing to the undersigned labor or labor and materials for the class or classes or part thereof of work for which the provisions of the section of the Specifications for this sub-trade require a listing in this paragraph, including the undersigned if customarily furnished by persons on his own payroll and in the absence of a contrary provision in the Specifications, the name of each such class of work or part thereto and the bid price for such class of work or part thereof are:

NAME

CLASS OF WORK

BID PRICE

(Do not give bid price for any class or part thereof furnished by undersigned).

F.

The undersigned agrees that the above list of bids to the undersigned represents bona fide bids based on the hereinbefore described Plans, Specifications and addenda and that, if the undersigned is awarded the contract, they will be used for the work indicated at the amounts stated, if satisfactory to the awarding authority.

G.

The undersigned further agrees to be bound to the general Contractor by the terms of the hereinbefore describe Plans, Specifications, including all general conditions stated therein, and addenda, and to assume toward the general Contractor all the obligations and responsibilities that the general Contractor, by those documents, assumes toward the Commonwealth.

H.

The undersigned offers the following information as evidence of its qualifications to perform the work as bid upon according to all the requirements of the Plans and specification:

1. Have been in business under present business name ________ years.

2. Ever failed to complete any work awarded? ___________________.

3. List one or more recent buildings with names of the general Contractor and Designer on which you served as a subcontractor for work of similar character as required for the above named building.

Building

Designer

General Contractor Amount of

Contract

(a) _____________________ ___________________ _______________ ___________

(b) _____________________ ___________________ _______________ ___________

(c) _____________________ ___________________ _______________ ___________

4. Bank reference __________________________________________________.

I.

The undersigned hereby certifies that it 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 a t 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 it will comply fully with all laws and regulations applicable to awards of subcontracts subject to section forty-four F of Chapter 149 of the General Laws.

The undersigned further certifies under penalties of perjury that this sub-bid is in all respects bona fide, fair and made without collusion or fraud with any other person. As used in this subsection the work “person” shall mean any natural person, joint venture, partnership, corporation or other business or legal entity.

The undersigned further certifies under penalties 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: _______________________________

(Name of Sub-Bidder)

By: _________________________________

(Title and Name of Person Signing)

(Business Address)

(Business Telephone) Supplier Diversity Program (SDP) Plan Commitment

SDP Plan Form #1

(To be submitted with Bid Response)

Contract/RFR Document Number:

Instructions: Completing all parts of this form is mandatory. Please read instructions in the SDP section of the solicitation. Complete one form and submit with Bid.

Part I Bidder/Contractor Information (Required)

Business Name:

Contact Name:

Part II Financial Commitment (Required)

Provide a specific percentage committed (as a percentage of Bidder/Contractor sales derived from this contract for the life of the contract) to be spent with all certified SDP Partners that the Bidder will propose if awarded a Contract. Please note that prime bidders who are SDO-certified must also submit an SDP Plan Form.

Supplier Diversity Program (SDP) Resources:

· Resources available to assist Prime Bidders in finding potential Minority Business Enterprises (MBE) and Women Business Enterprises (WBE) partners can be found on the Supplier Diversity Program Webpage (www.mass.gov/sdp).

· Resources available to assist Prime Bidders in finding potential Service-Disabled Veteran-Owned Business Enterprise (SDVOBE) partners can be found on the Supplier Diversity Office Webpage (www.mass.gov/sdo).

· The Supplier Diversity Program offers training on the SDP Plan requirements. The dates of upcoming trainings can be found on the OSD Training Courses Webpage. In addition, the SDP Webinar can be located on the Supplier Diversity Program Webpage (www.mass.gov/sdp).

BID PACKAGE

PART II

OWNER - CONTRACTOR AGREEMENT

Owner - Contractor Agreement

Exhibit A: Additional Insurance Requirements, if any.

Exhibit B: Forms Used During Contract Award and Execution:

Payment Bond

Performance Bond SDP Plan Form #2 Certificate of Corporate Vote

Certificate of Joint Venture (if applicable) Certificate of Compliance with State Tax Laws

Executive Order 504 Certification

Contractor Authorized…