BROCKTON TRC - WATER DAMAGES_RFP_Final.pdf

OFFICE OF COURT MANAGEMENT

FACILITIES MANAGEMENT & CAPITAL

PLANNING DEPARTMENT

GENERAL CONTRACTOR:

CONTRACT

-FOR-

MASSACHUSETTS STATE PROJECT NO:

Facilities Management & Capital Planning Department Contracts Department, Room 225 Suffolk County Superior Courthouse Three Pemberton Square Boston, MA 02108

RFP Release Date:

TRC2683I FT1

BrocktonTrial Court - Interior Water Damage Repair and Restoration

215 Main Street in Brockton, MA 02301

COMMBUYS Bid: GC: Bid No. BD-27-1107-FREG5-ACCOU-133132

Sep 9, 2026

FSB: Bid No. BD-27-1107-FREG5-ACCOU-133131

Table of Contents Page 1

TABLE OF CONTENTS

PART I -- Instructions to Bidders Attachment A: Minimum Wage Rates Attachment B: Forms Used During Bidding

Sample Prime/General Contractor Certificate of Eligibility Prime/General Contractor Update Statement Form for General Bid (sample) Supplemental Form for General Bid

PART II -- Owner - Contractor Agreement Exhibit A: Additional Insurance Provisions, if any.

Exhibit B: Forms Used During Contract Award and Execution:

Payment Bond Performance Bond Schedule for Participation by Minority/Women Business Enterprises Letter of Intent

Certificate of Corporate Vote Certificate of Compliance with State Tax Laws Workforce Certification-Certificate of Compliance with Certain

Workforce Related Legal Requirements Trench Application & Permit & Excavator Permit Supplement

(if applicable)

Notice to Contractors

Table of Contents Page 2

PART III -- General Conditions of the Contract

Appendix A: -- Equal Employment Opportunity, Non- Discrimination and Affirmative Action Program

Appendix B: -- Goals for Participation by Minority Business Enterprises and Women Business Enterprises

Appendix C: -- Commonly Used Forms Form of Subcontract – MGL c.149 §44F Instructions and Procedure for Payment for

Construction Contractors, including sample Schedule of Values Instructions Regarding Change Orders, Contract Modifications and

Equitable Adjustments (Form 13) Request for Approval of Wages and Rates for Change Order Pricing

(Form 14) Format for Submission of Change Order

(Form 15-1 and 15-2) Request and Agreement for a Change in the Plans, Specifications and/or Contract (Form 5) Daily Time and Material Report Form for Transfer of Title

(Work Not Incorporated, Form 16) Weekly Payroll Report Form and Statement of Compliance (sample) Quarterly Projected Workforce Table (sample) Veteran and Service-Disabled Veteran-Owned Business Enterprise

(VBE/SDVOBE) Participation Form Certificate of Substantial Completion (E-1) Certificate of Final Inspection, Release and Acceptance (E-2)

PART IV – Project Manual and Drawings

END OF TABLE OF CONTENTS

ADVERTISEMENT

THIS PROJECT IS BEING ELECTRONICALLY BID AND HARD COPY BIDS WILL NOT BE

ACCEPTED. Please review the instructions in the bid documents for details on how to register as an electronic bidder. Bids shall be prepared and submitted online via COMMBUYS at www.commbuys.com.

The Massachusetts Trial Court, Office of Court Management, Facilities Management & Capital Planning (FMCP), the Awarding Authority, invites sealed bids from qualified General Contractors for the Interior Water Damage Repair and Restoration Project at the Brockton Trial Court, located at 215 Main Street in Brockton, MA 02301, Mass. State Project TRC2683I FT1 in accordance with the Contract Documents prepared by FMCP.

This project consists of replacing or re-installing building materials that were damaged or removed as a result of the water leak. Damaged materials include carpet, cove base, ceiling tiles, sheetrock, and paint.

Materials that were displaced include handrails and light fixtures. The estimated construction cost for this Project is $336,040.31.

Bids are subject to Massachusetts General Laws Chapter 149 Sections 44A–J and to minimum wage rates as required by Massachusetts General Laws Chapter 149 Sections 26–27H.

General Bidders must be certified by the Division of Capital Asset Management and Maintenance (DCAMM) in the category of General Building Construction and must submit a current DCAMM Certificate of Eligibility along with a signed DCAMM Prime Update Statement.

Filed sub-bidders must be DCAMM certified for the trades listed below and bidders must include a current DCAMM Sub-Bidder Certificate of Eligibility and a signed DCAMM Sub-Bidder’s Update Statement. SUBTRADES: Lathing and Plastering; Painting

General Bids will be received until October 7, 2026, at 2:00 PM, at which time they will be publicly opened online. Filed Sub Bids will be received until September 30, 2026 at 11:00 AM and publicly opened, forthwith online.

All bids must be submitted electronically through COMMBUYS and received no later than the date and time specified above.

General Bids and Sub-Bids shall be accompanied by a bid deposit in an amount not less than five percent (5%) of the greatest possible bid amount (including all alternates), made payable to the Commonwealth of Massachusetts.

Bid Forms and Contract Documents will be available at www.commbuys.com under two separate COMMBUYS postings, as follows:

General Bids: Open Market Bid No. BD-27-1107-FREG5-ACCOU-133132

Filed Sub-Bids: Open Market Bid No. BD-27-1107-FREG5-ACCOU-133131

A Pre-Bid Conference and Site Visit will be held on September 24, 2026, at 10:00 AM, meet in the front entrance of Brockton Trial Court - 215 Main Street in Brockton, MA 02301.

Separation Pages

BID PACKAGE

PART I

INSTRUCTIONS TO BIDDERS

Instructions to Bidders

Attachment A: Minimum Wage Rates

Attachment B: Forms Used During Bidding

• Sample Prime/General Contractor Certificate of Eligibility

• Prime/General Contractor Update Statement

• Form for General Bid (sample)

• Supplemental Form for General Bid

Instructions to Bidders c.149, 44A-J Rev 06/20 v. 2 Page 1 of 14

COMMONWEALTH OF MASSACHUSETTS

INSTRUCTIONS TO BIDDERS

G.L. c.149, 44A-J - Building Projects over $150,000

Awarding Authority:

Office of Court Management, Facilities Management & Capital Planning Suffolk County Courthouse Three Pemberton Square Boston, MA 02108 Telephone: 978-656-7085 Email: michael.lane@jud.state.ma.us

Mass. State Project No./Contract No.:

Title:

Category of Work:

Project Description and Scope:

Deadline for filing General bids is 2:00 PM on

Deadline for filing Filed Sub-Bids is 11:00 AM on

The list of filed sub-trades for this project 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.

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

TRC2683I FT1

BrocktonTrial Court - Interior Water Damage Repair and Restoration General Construction

The purpose of this project is to replace or re-install building materials that were damaged or removed as a result of the water leak. Damaged materials include carpet, cove base, ceiling tiles, sheetrock, and paint. Materials that were displaced include handrails and light fixtures. A Pre-Bid Conference and Site Visit will be held on September 24, 2026, at 10:00 AM, meet in the front entrance of Brockton Trial Court - 215 Main Street in Brockton, MA.

October 7, 2026

September 30, 2026

Instructions to Bidders c.149, 44A-J Rev 06/20 v. 2 Page 2 of 14

Section # Filed Sub-trade All Bid Deposits 5% of Bid Amount

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.

The estimated time for completion of the Work is forty-five calendar days (45), and will be specified in Article 2 of the Owner - Contractor Agreement for the successful bidder. Liquidated damages for failure to complete work on time is $500 per day, and will be stated in Article 7 of the Owner - Contractor Agreement.

Bidding Documents must be obtained via COMMBUYS website. If you need assistance with COMMBUYS, please call the COMMBUYS help desk at (617) 720- 3197.

COMMBUYS Job Aids for Vendors on how to use COMMBUYS are available by clicking the link below.

https://www.mass.gov/lists/job-aids-for-vendors-using-commbuys

The filed sub-trades for this project are as follows: (not applicable)

090001 – Lathing and Plastering

090007 – Painting

Instructions to Bidders c.149, 44A-J Rev 06/20 v. 2 Page 3 of 14

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 post addenda or written

Instructions to Bidders c.149, 44A-J Rev 06/20 v. 2 Page 4 of 14 clarifications that it deems necessary to the plan holders for this project. Bidders who have registered as plan holders will receive a notification from Bid Express. 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 received by the Bidder.

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 The Form for General Bid and Form for Sub-bid must be completed in their entirety including the bidder’s: 1) Certificate of Eligibility; 2) Update Statement; and 3) Bid Bond.

5.2 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.

5.3 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. Each Sub-bidder shall acknowledge all required alternates in Part A on the Form for Sub-bid by entering the dollar amount of addition or subtraction necessitated by each alternate.

5.4 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.

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

5.6 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."

5.7 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.

Instructions to Bidders c.149, 44A-J Rev 06/20 v. 2 Page 5 of 14

5.8 If the general bidders are instructed to carry an amount for a given sub-trade 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 5.9 to apply.

5.9 Upon solicitation of a subcontractor to perform the work required with respect to a subtrade referenced in subsection 5.8, 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 5.8 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.

5.10 Overhead and profit for supervision of the subtrade mentioned in subsections 5.8 and 5.9 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).

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

5.12 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.

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

5.14 All Bidders must attach their bid bond with their bid submission. The three lowest bidders must submit their original bid bond or bank check to OCM immediately following the bid opening which must be received in OCM’s Bid Room within 48 hours of the bid opening, weekends and holidays excluded. Failure to submit originals within the 48 hour time limit will result in rejection of the bid or other sanctions.

SECTION 6 - SUBMISSION OF BIDS

6.1 Each Sub-bid and General Bid, including the bid deposit, DCAMM Certificate of Eligibility, and properly completed DCAMM Update Statement, using the most recent form available on DCAMM’s website shall be submitted via Commbuys.com

Instructions to Bidders c.149, 44A-J Rev 06/20 v. 2 Page 6 of 14

6.2 All Bids must be received by the Awarding Authority at the above specified location 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.

6.3 Unofficial Bid Results will be released as soon as they are available. Unofficial results are not to be relied upon. Once OCM has conducted the final review of bids, Official Bid Results will be posted. Official Bid Results may be subject to change.

SECTION 7 - WITHDRAWAL OF BIDS; REJECTION OF BIDS

7.1 Any Bid may be withdrawn or modified by the Bidder prior to the specified deadline for the receipt of Bids by submitting a request in writing to the Awarding Authority.

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 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”) separate MBE and WBE participation goals for this Contract are as set forth on the second page of these Instructions to Bidders. The successful Contractor must utilize both MBE and WBE firms whose participation meet the individual MBE and WBE participation goals set for the Contract. Proposed MBE and WBE participation plans that do not meet the separate MBE and WBE participation goals will not be considered responsive. Contractors that are themselves either MBE or WBE certified may use their participation towards meeting the goal for the certification they hold and meet the participation goals for the certification which is not held by the Contractor with firms holding that certification. MBE and WBE participation must be reported and will be tracked separately. Please note that only firms SDO certified as MBE or WBE can be credited toward meeting project MBE or WBE goals.

8.3 The Awarding Authority reserves the right to reduce or waive the MBE and/or WBE participation goals established for this Contract upon written request made by a general bidder within the time frame set forth in Section 8.3. Such written request must demonstrate to the satisfaction of the Awarding Authority that it is not feasible for a non-MBE or non-WBE general bidder to meet the goals established for this Contract based upon any or all of the

Instructions to Bidders c.149, 44A-J Rev 06/20 v. 2 Page 7 of 14 following: (i) actual MBE/WBE availability, (ii) the geographic location of the project to the extent related to MBE/WBE availability, (iii) the scope of the work, (iv) the percentage of work available for subcontracting to MBE/WBEs and/or (v) other relevant factors, including a documented inability by the prospective Bidder to obtain commitments from MBE/WBE subcontractors sufficient to meet the MBE/WBE goals after having made a diligent, good faith effort to do so. All of the foregoing documentation shall accompany the Bidder's request for a reduction or waiver of the MBE/WBE participation goals. Such documentation shall include, at a minimum, the following:

-- A list of all items of work under the Contract that the Bidder made available for subcontracting to MBE/WBEs. The Bidder shall identify all items of work, other than work to be performed by filed sub-bidders, that the Bidder did not make so available and shall state the reasons for not making such work available for subcontracting to MBE/WBEs. The Bidder shall also demonstrate that, where commercially reasonable, subcontracts were divided into units capable of being performed by MBE/WBEs.

-- Evidence that the Bidder sent written notices soliciting Bids or proposals to perform the items of work made available by the Bidder for subcontracting to all MBE/WBEs qualified to perform such work. The Bidder shall identify (i) each MBE/WBE solicited, and (ii) each MBE/WBE listed in the Supplier Diversity Office (SDO) directory under the applicable trade category that was not solicited and reasons therefor. The Bidder shall also state the dates that notices were mailed and provide a copy of the written notice(s) sent.

-- Evidence that the Bidder made reasonable efforts to follow up the written notices sent to MBE/WBEs with telephone calls or personal visits in order to determine with certainty whether the MBE/WBEs were interested in performing the work. Phone logs or other documentation must be submitted.

-- A statement of the response received from each MBE/WBE solicited, including the reason for rejecting any MBE/WBE who submitted a bid or proposal.

-- Evidence of efforts made to assist MBE/WBEs that needed assistance in obtaining bonding or insurance, or lines of credit with suppliers if the inability of MBE/WBEs to obtain bonding, insurance, or lines of credit is the reason given for the Bidder's inability to meet the MBE/WBE goals.

The Bidder may also submit any other information supporting its request for a waiver or reduction in the MBE/WBE participation goals, including, without limitation, evidence that the Bidder placed advertisements in appropriate media and trade association publications announcing the Bidder's interest in obtaining bids or proposals from MBE/WBEs, and/or sent written notification to MBE/WBE economic development assistance agencies, trade groups and other organizations notifying them of the Contract and the work to be subcontracted by the Bidder to MBE/WBEs. The Bidder shall also submit any other information reasonably requested by the Awarding Authority to show that the Bidder has taken all actions that could reasonably be expected to achieve the MBE/WBE participation goals.

8.4 If filed sub-bids are solicited for this Contract, requests from prospective general bidders to reduce or waive the MBE/WBE participation goals for this Contract must be received by the Awarding Authority no later than four (4) working days after the list of filed sub-

Instructions to Bidders c.149, 44A-J Rev 06/20 v. 2 Page 8 of 14

Bidders is mailed by the Awarding Authority to persons who have taken out plans for the Contract. If there are no filed sub-bids solicited for this Contract, requests to reduce or waive the MBE/WBE participation goals for this Contract must be received by the Awarding Authority no later than fourteen (14) calendar days before the date set for the receipt of general bids. THE AWARDING AUTHORITY WILL NOT CONSIDER ANY

REQUEST TO REDUCE OR WAIVE THE MBE/WBE PARTICIPATION GOALS

FOR THIS CONTRACT THAT IS RECEIVED AFTER THESE DEADLINES. Any reduction or waiver of the MBE/WBE participation goals for this Contract will be made by written addendum.

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) a completed Schedule for Participation by Minority/Women Business Enterprises ("Schedule for Participation") in the form provided by the Awarding Authority showing MBE/ WBE participation in amounts equal to or exceeding the MBE/WBE participation goals for this Contract, (ii) a completed Letter of Intent in the form provided by the Awarding Authority for each MBE/WBE listed in the Schedule for Participation, and (iii) a current SDO certification letter for each MBE/WBE listed in the Schedule for Participation showing that the MBE/WBE is currently certified in the area of work for which it is listed on the Letter of Intent.

8.6 Each Letter of Intent shall identify and describe the work to be performed by the named MBE/WBE (the “MBE/WBE Work”) with enough specificity to permit the Awarding Authority to identify the particular items of contract work that the MBE/WBE will perform for MBE/WBE participation credit and clearly identify whether the MBE/WBE will be providing labor and materials or materials only. The Awarding Authority reserves the right to reject any Letter of Intent if the price to be paid for the MBE/WBE Work does not bear a reasonable relationship to the value of such work under the Contract as determined by the Awarding Authority.

8.7 Within five (5) working days after receipt of the Schedule for Participation, Letters of Intent, and SDO certification letters, the Awarding Authority shall review and either approve or disapprove the apparent low Bidder’s submissions. If the apparent low Bidder has not submitted an appropriate Schedule For Participation and appropriate Letters of Intent and SDO certification letters establishing that the MBE/WBE participation goal for the project will be met, the apparent low Bidder will be considered ineligible for Award of the Contract and the Awarding Authority will Award the Contract to the second lowest Bidder, subject to said Bidder’s compliance with these conditions.

8.8 The Bidder's attention is called to Article XIII of the General Conditions of the Contract which requires the Contractor to submit, within 30 days of the Contract Date, signed subcontracts with all subcontractors or a purchase order or invoice from each material supplier and/or manufacturer listed on the Schedule for Participation.

8.9 A filed sub-bidder is not required to submit a Schedule for Participation with its Bid. A filed sub-bidder may, at its option, submit a Letter of Intent with its Bid if it is a SDO certified MBE/WBE. If a filed sub-bidder intends to sub-subcontract work to a SDO certified MBE/WBE, and the filed sub-bidder wishes that sub-subcontract or purchase order to be credited toward the participation goals for this Contract, the filed sub-bidder should submit a

Instructions to Bidders c.149, 44A-J Rev 06/20 v. 2 Page 9 of 14

Letter of Intent from that MBE/WBE, either with its Bid, or after award of the subcontract. A filed sub-bidder can subcontract out up to 20% of its work to MBE/WBEs unless such work is designated as sub-sub contract Paragraph E work in the Bid Documents in which case the 20% cap does not apply.

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.

Instructions to Bidders c.149, 44A-J Rev 06/20 v. 2 Page 10 of 14

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 immediately submit three (3) 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. Note: The successful general bidder must submit its Schedule for Participation of Minority/Women Business Enterprises and Letters of Intent as set forth in Section 8.4 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 -DCAMM Trench Application and Permit -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

Instructions to Bidders c.149, 44A-J Rev 06/20 v. 2 Page 11 of 14 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 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.

SECTION 11 - RETURN OF BID DEPOSITS

11.1 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 The Bid Deposits of the three lowest sub-bidders in each category 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.

Instructions to Bidders c.149, 44A-J Rev 06/20 v. 2 Page 12 of 14

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. 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.

OCM requires submission of weekly certified payroll reports.

Instructions to Bidders c.149, 44A-J Rev 06/20 v. 2 Page 13 of 14

ATTACHMENT B:

Forms Used During Bidding

Sample Prime/General Contractor Certificate of Eligibility Prime/General Contractor Update Statement Sample Format of Form for General Bid – all bids must be completed and submitted online Supplemental Form for General Bid Sample Format of Form for Sub-Bid Sub-Bidder Update Statement Certificate of Eligibility - FSB Contractor

Division of Capital Asset Management Page 1 of 10

SPECIAL NOTICE TO AWARDING AUTHORITY

BIDDERS’ UPDATE STATEMENTS ARE NOT PUBLIC RECORDS AND

ARE NOT OPEN TO PUBLIC INSPECTION (M.G.L. C.149, §44D)

EFFECTIVE MARCH 30, 2010

Commonwealth of Massachusetts

Division of Capital Asset Management

PRIME/GENERAL CONTRACTOR

UPDATE STATEMENT

TO ALL BIDDERS AND AWARDING AUTHORITIES

A COMPLETED AND SIGNED PRIME/GENERAL CONTRACTOR UPDATE

STATEMENT MUST BE SUBMITTED WITH EVERY PRIME/GENERAL BID FOR A

CONTRACT PURSUANT TO M.G.L. c.149, §44A AND M.G.L. c. 149A. ANY

PRIME/GENERAL BID SUBMITTED WITHOUT AN APPROPRIATE UPDATE

STATEMENT IS INVALID AND MUST BE REJECTED.

Caution: This form is to be used for submitting Prime/General Contract bids. It is not to be used for submitting Filed Sub-Bids or Trade Sub-Bids.

AWARDING AUTHORITIES

If the Awarding Authority determines that the bidder does not demonstrably possess the skill, ability, and integrity necessary to perform the work on the project, it must reject the bid.

BIDDER’S AFFIDAVIT

I swear under the pains and penalties of perjury that I am duly authorized by the bidder named below to sign and submit this Prime/General Contractor Update Statement on behalf of the bidder named below, that I have read this Prime/General Contractor Update Statement, and that all of the information provided by the bidder in this Prime/General Contractor Update Statement is true, accurate, and complete as of the bid date.

Bid Date Print Name of Prime/General Contractor

Project Number (or Business Address name if no number)

Awarding Authority Telephone Number

SIGNATURE _____________________________________

Bidder’s Authorized Representative

Division of Capital Asset Management Page 2 of 10 Prime/General Contractor Update Statement Effective March 30, 2010

INSTRUCTIONS

INSTRUCTIONS TO BIDDERS

This form must be completed and submitted by all Prime/General contractors bidding on projects pursuant to M.G.L. c. 149, §44A and M.G.L. c. 149A.

You must give complete and accurate answers to all questions and provide all of the information requested.

MAKING A MATERIALLY FALSE STATEMENT IN THIS

UPDATE STATEMENT IS GROUNDS FOR

REJECTING YOUR BID AND FOR DEBARRING YOU

FROM ALL PUBLIC CONTRACTING.

This Update Statement must include all requested information that was not previously reported on the

Application used for your firm’s most recently issued (not extended or amended) Prime/General

Contractor Certificate of Eligibility. The Update

Statement must cover the entire period since the date of your Application, NOT since the date of your

Certification.

You must use this official form of Update Statement.

Copies of this form may be obtained from the awarding authority and from the Asset Management Web Site:

www.mass.gov/dcam .

If additional space is needed, please copy the appropriate page of this Update Statement and attach it as an additional sheet.

See the section entitled “Bidding Limits” in the Instructions to Awarding Authorities for important information concerning your bidding limits.

INSTRUCTIONS TO AWARDING AUTHORITIES

Determination of Bidder Qualifications

It is the awarding authority’s responsibility to determine who is the lowest eligible and responsible bidder. You must consider all of the information in the low bidder’s Update Statement in making this determination.

Remember: this information was not available to the Division of Capital Asset Management at the time of certification.

The bidder’s performance on the projects listed in Parts 1 and 2 must be part of your review. Contact the project references.

AWARDING AUTHORITIES ARE STRONGLY

ENCOURAGED TO REVIEW THE LOW BIDDER’S

ENTIRE CERTIFICATION FILE AT THE DIVISION OF

CAPITAL ASSET MANAGEMENT. Telephone (617) 727-9320 for an appointment.

Bidding Limits

Single Project Limit: The total amount of the bid, including all alternates, may not exceed the bidder’s Single Project Limit.

Aggregate Work Limit: The annual value of the work to be performed on the contract for which the bid is submitted, when added to the annual cost to complete the bidder’s other currently held contracts, may not exceed the bidder’s Aggregate Work Limit. Use the following procedure to determine whether the low bidder is within its Aggregate Work Limit:

Step 1 Review Update Statement Question #2 to make sure that all requested information is provided and that the bidder has accurately calculated and totaled the annualized value of all incomplete work on its currently held contracts (column 9).

Step 2 Determine the annual dollar value of the work to be performed on your project. This is done as follows:

(i) If the project is to be completed in less than 12 months, the annual dollar value of the work is equal to the full amount of the bid.

(ii) If the project will take more than 12 months to complete, calculate the number of years given to complete the project by dividing the total number of months in the project schedule by 12 (calculate to 3 decimal places), then divide the amount of the bid by the calculated number of years to find the annual dollar value of the work.

Step 3 Add the annualized value of all of the bidder’s incomplete contract work (the total of column 9 on page 5) to the annual dollar value of the work to be performed on your project. The total may not exceed the bidder’s

Aggregate Work Limit.

Correction of Errors and Omissions in Update Statements

Matters of Form: An awarding authority shall not reject a contractor’s bid because there are mistakes or omissions of form in the Update Statement submitted with the bid, provided the contractor promptly corrects those mistakes or omissions upon request of the awarding authority. [810 CMR 8.05(1)].

Correction of Other Defects: An awarding authority may, in its discretion, give a contractor notice of defects, other than mistakes or omissions of form, in the contractor’s Update Statement, and an opportunity to correct such defects, provided the correction of such defects is not prejudicial to fair competition. An awarding authority may reject a corrected Update Statement if it contains unfavorable information about the contractor that was omitted from the Update Statement filed with the contractor’s bid. [810 CMR 8.05(2)].

Division of Capital Asset Management Page 3 of 10

PART 1 - COMPLETED PROJECTS

LIST ALL PUBLIC AND PRIVATE BUILDING PROJECTS YOUR FIRM HAS COMPLETED SINCE THE DATE OF APPLICATION FOR YOUR MOST RECENTLY ISSUED (NOT EXTENDED OR AMENDED) DCAM CERTIFICATE OF ELIGIBILITY. YOU MUST REPORT ALL REQUESTED INFORMATION NOT PREVIOUSLY REPORTED ON THAT

DCAM APPLICATION*.

PROJECT TITLE & LOCATION WORK

CATEGORY

CONTRACT PRICE START DATE DATE

COMPLETED

Attach additional sheets if necessary

* If your firm has been terminated from a project prior to completion of the work or has failed or refused to complete its work under any contract, full details and an explanation must be provided. See Part 3 of this Update Statement.

Division of Capital Asset Management Page 4 of 10

PROVIDE THE FOLLOWING REFERENCE INFORMATION FOR EACH COMPLETED PROJECT LISTED ON THE

PREVIOUS PAGE.

PROJECT TITLE COMPANY NAME CONTACT PERSON TELEPHONE

OWNER: Owner Contact Person Telephone

DESIGNER: Designer Contact Person Telephone

GC: GC Contact Person Telephone

Is your company or any individual who owns, manages or controls your company affiliated with any owner, designer or general contractor named above, either through a business or family relationship? YES NO

Are any of the contact persons named above affiliated with your company or any individual who owns, manages or control your company, either through a business or family relationship? YES NO

If you have answered YES to either question, explain. _ _

Division of Capital Asset Management Page 5 of 10

PART 2 - CURRENTLY HELD CONTRACTS

LIST ALL PUBLIC AND PRIVATE BUILDING AND NON-BUILDING CONSTRUCTION PROJECTS YOUR FIRM HAS UNDER

CONTRACT ON THIS DATE REGARDLESS OF WHEN OR WHETHER THE WORK COMMENCED.

1 2 3 4 5 6 7 8 9

PROJECT TITLE &

LOCATION

WORK

CATEGORY

START

AND END

DATES

ON

SCHEDULE

(yes / no)

CONTRACT

PRICE

% NOT

COMPLETE

$ VALUE OF

WORK NOT

COMPLETE

(col. 5 X col. 6)

NO. OF

YEARS

REMAINING

(see note below)

ANNUALIZED

VALUE OF

INCOMPLETE

WORK

(col. 7 ÷ col. 8) (divided by)

ANNUALIZED VALUE OF ALL INCOMPLETE CONTRACT WORK (Total of Column 9) $_ _

Column 8 • If less than one year is left in the project schedule, write 1.

• If more than 12 months are left in the project schedule, divide the number of months left in the project schedule by 12 (calculate to three decimal…