IFB_Frontage_Road_Installation_of_Electrical_Heaters.pdf

INVITATION FOR BIDS:

PROPERTY MANAGEMENT DEPARTMENT

Michelle Wu, Mayor Dion Irish, Chief of Operations Eamon Shelton, Commissioner

PROJECT SUMMARY:. Installation of fan forced electrical heaters at 200 Frontage Road garage

CONTRACT DOCUMENTS

Project Title: Install Fan Forced Electrical Heaters Project Number: EV00017904 Prepared By: BLW Engineers, Inc.

Preparation Date: August 24, 2026

IFB SCHEDULE:

EVENT DATE

Site Visit September 15, 2026 at 9:00 AM

Questions Due Date September 18, 2026 by 12:00 PM

Sub-Bid Due Date September 29, 2026 by 12:00 PM

General Bid Due Date October 6, 2026 by 12:00 PM

CONTACT INFORMATION: pmdbidinfo@boston.gov

All questions should be emailed with Project Number EV00017904 in the subject line.

mailto:pmdbidinfo@boston.gov

00 01 10-1

TABLE OF CONTENTS TO THE CITY OF BOSTON

STANDARD M.G.L. CHAPTER 149 CONTRACT SPECIFICATION

DIVISION 00 – PROCUREMENT/CONTRACTING REQUIREMENTS

00 01 00 INTRODUCTORY INFORMATION:

00 01 01 Project Title Page 00 01 10 Table of Contents 00 01 10-1 to 00 01 10-2 00 01 15 List of Contract Drawings 00 01 15-1 00 11 00 Advertisement Invitation for Bids 00 11 00-1

00 20 00 INSTRUCTIONS TO BIDDERS:

00 20 00 Instructions to Bidders 00 20 00-1 to 00 20 00-9

00 40 00 BID FORMS AND SUPPLEMENTAL FORMS:

00 41 13 Form for General Bid 00 41 13-1 to 00 41 13-5 00 41 14 Sub-Bid Form 00 41 14-1 to 00 41 14-3

00 50 00 CONTRACT AGREEMENT:

00 52 13 Agreement 00 52 13-1 to 00 52 13-4

00 60 00 PROJECT FORMS:

00 60 10 List of Standard Forms 00 60 10-1 00 62 16 Certificate of Insurance 00 62 16-1 00 62 43 Wage Theft Form CM-16 00 62 43-1 to 00 62 43-2

00 70 00 CONDITIONS OF THE CONTRACT:

00 70 00 General Conditions 00 70 00-1 to 00 70 00-41

00 73 00 SUPPLEMENTARY CONDITIONS:

00 73 16 Insurance Requirements 00 73 16-1 to 00 73 16-2 00 73 46 Schedule of Prevailing Wage Rates, Weekly Compliance and Certified Payroll Report 00 73 46-1 to 00 73 46-3 Prevailing Wage Rates - Attachment 34 pages 00 73 75 Boston Residents and Jobs Policy and Boston Employment

Commission Key Changes Cover Page 00 73 75-1 Ordinance Amending the BRJP and Boston Employment Commission 00 73 75-2 to 00 73 75-11

00 90 00 REVISIONS, CLARIFICATIONS AND MODIFICATIONS:

00 91 00 Addenda 00 91 00-1

DIVISION 01 - GENERAL REQUIREMENTS

01 11 00 Summary of Work / Site Location 01 11 00-1 01 30 00 Administrative and Procedural Provisions 01 30 00-1 to 01 30 00-3 01 32 17 Construction Schedule 01 32 17-1 to 01 32 17-6 01 35 00 Special Project Procedures 01 35 00-1 to 01 35 00-2 01 70 00 Contract Close-Out 01 70 00-1 to 01 70 00-2

00 01 10-2

DIVISION 23 – HEATING, VENTILATION, AIR CONDITIONING

23 00 00 Heating, Ventilation and Air Conditioning 23 00 oo-1 to 23 00 00-11

DIVISION 26 – ELECTRICAL*

26 00 00 Electrical 26 00 00- to 26 00 00-26

*Indicates filed sub bid required

00 01 15 - 1

SECTION 00 01 15

LIST OF CONTRACT DRAWINGS

PROJECT TITLE: Install Fan Forced Electrical Heaters

PROJECT NUMBER: EV00017904

DRAWING TITLE:

PLUMBING:

DRAWING NUMBERS:

N/A

HVAC:

DRAWING NUMBERS:

H0.1 – HVAC LEGEND, NOTES, SCHEDULES & DETAILS

H1.0 – HVAC FLOOR PLANS

ELECTRICAL:

DRAWING NUMBERS:

E0.1 – ELECTRICAL LEGEND, NOTES & DETAILS

E0.2 – ELECTRICAL POWER RISER DIAGRAM AND SCHEDULES

E1.0 – ELECTRICAL FLOOR PLANS

CITY RECORD / COMMBUYS

INVITATION FOR BIDS (IFB) ADVERTISEMENT

INVITATION FOR BIDS

Installation of Electrical Heaters at 200 Frontage Road Garage Project No. EV00017904 M.G.L. c. 149

CONTACT INFORMATION

Contract Unit 617-635-4560 pmdbidinfo@boston.gov

The City of Boston, acting by the Property Management Department, 1 City Hall Plaza, Boston, MA 02201, hereinafter referred to as the Awarding Authority, hereby invites sealed bids for the project listed above.

Bids will be solicited from interested vendors through the City of Boston’s Supplier Portal:

boston.gov/departments/procurement.

All bids for this project are subject to all applicable provisions of law and in accordance with the terms and provisions of the contract documents entitled: Installation of Electrical Heaters at 200 Frontage Road Garage.

A site visit is scheduled for Tuesday, September 16, 2026, at 9:00AM. All potential bidders will meet in the front lobby of 200 Frontage Road, Boston, MA. Questions are due September 18, 2026, by 12:00PM.

Filed Sub-Bids for Electrical must be submitted via mail or delivered to Boston City Hall, One City Hall Plaza, Room 811 before 12:00 P.M., Boston time, Tuesday, September 29, 2026, and opened forthwith.

General Bids must be submitted before 12:00 P.M., Boston time, Tuesday, October 6, 2026, and opened forthwith.

The IFB documents will be available on or about Monday, September 7, 2026 at 10:00 A.M., Boston time.

Install 3 fan forced electric heaters in the garage area at 200 Frontage Rd. Install new electrical circuitry, including new breaker panel and new feed from main switchgear, to support new heaters.

Eamon Shelton, Commissioner (September 7, 2026 and September 14, 2026) http://boston.gov/departments/procurement

00 20 00- 1

SECTION 00 20 00 - INSTRUCTIONS TO BIDDERS (INCLUDING SUB-BIDDERS)

PAGE

INDEX

1. TERMINOLOGY 1

2. COPIES OF BIDDING DOCUMENTS 1

3. BIDDING DOCUMENTS; SITE

CONDITIONS; LAWS 1

4. INTERPRETATIONS; ADDENDA 3

5. BID SECURITY 3

6. CONTRACT TIME 4

7. LIQUIDATED DAMAGES 4

8. ITEMS NAMED OR SPECIFIED;

SUBSTITUTES 4

9. BID FORM AND BID FORM ATTACHMENTS 4

10. PREPARATION AND SUBMISSION OF BIDS 5

11. WITHDRAWAL OF BIDS 5

12. OPENING OF BIDS 5

13. BIDS TO REMAIN OPEN 5

14. GENERAL BIDS 5

15. SUB-BIDS BY GENERAL BIDDERS 6

16. SUB-BIDS 6

17. NO ACCEPTABLE SUB-BIDS: NOTICE OF

SELECTION 7

18. REJECTION OF GENERAL BIDS AND

SUB-BIDS 8

19. AWARD TO NEXT LOWEST RESPONSIBLE

AND ELIGIBLE BIDDER 8

20. CONFLICT OF INTEREST 8

21. EQUAL OPPORTUNITY/WORKFORCE 8

22. GENERAL BIDDERS AND SUB-BIDDERS AS

FOREIGN CORPORATIONS 8

ARTICLE 1 - TERMINOLOGY

1.1 Defined terms (i.e., capitalized terms) used in this

Instructions to Bidders, Section 00 20 00, have the intent and meanings assigned to them in the General Conditions, Section 00 70 00.

1.2 Unless the context requires otherwise, the term "Bidder"

may be interpreted to also cover prospective Bidders as well as prospective subcontractors, suppliers or others considering submission of or intending to submit a sub-bid to a Bidder(s).

1.3 Unless the context requires otherwise, the term

“Advertisement” shall include any and all addenda or notice duly posted by the City.

ARTICLE 2 - COPIES OF BIDDING DOCUMENTS

2.1 Neither the City nor the Engineer assumes any

responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents in preparing Bids.

2.2 The City and Engineer in making copies of Bidding

Documents available do so only for the purpose of obtaining Bids and do not confer a license for any other use.

2.3 The City will furnish one complete set of Bidding

Documents for each person requesting the same. No partial sets of Bidding Documents will be issued.

2.4 The Official will furnish to every eligible Bidder in the Bidding Documents a form for General Bid and a form for Sub-bid.

ARTICLE 3 - BIDDING DOCUMENTS; SITE

CONDITIONS; LAWS

3.1 It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the Bidding Documents thoroughly, (b) visit the site to become familiar with general, local and prevailing conditions, (c) familiarize himself with and consider Laws covering the Work, (d) study and carefully correlate the Bidder's observations with the Bidding Documents, and (e) request written interpretations or clarifications, as provided in Article 4, promptly after discovering any conflicts, ambiguities, errors, or omissions in the Bidding Documents. Site visit is scheduled on September 15, 2026 at 9:00 AM. All prospective bidders will meet in the lobby of 200 Frontage Road.

3.2 It is the responsibility of all Bidders to refer to Section 00 20 00, Information to Bidders, for identification of:

3.2.1 (a) reports of explorations and tests of subsurface conditions, (b) information and data reflected in the Bidding Documents or designated drawings and specifications, or both, of physical conditions in or relating to existing surface and subsurface structures, which have been utilized by the Engineer in the preparation of the Bidding Documents.

Except as otherwise may be expressly limited in the Specifications, Bidders may rely upon the technical data contained in the reports, drawings or specifications but not upon non-technical data, interpretations or opinions contained in the reports, drawings or specifications or on

00 20 00- 2 their completeness for the purpose of bidding or construction.

3.2.2 Except for the technical data on which Bidders may

rely, as provided in paragraph 3.2.1, the City and Engineer make no representation or warranty about the accuracy, correctness or completeness of the reports, drawings and specifications. Nor does the City or Engineer assume any responsibility for any conclusions or interpretations made by any Bidder based on the data contained in those reports, drawings and specifications.

3.3 It is the responsibility of each Bidder, at the Bidder's own expense, to make or obtain any additional examinations, explorations and drawings and to obtain any additional information and data which pertain to conditions at or contiguous to the site or which otherwise may affect cost, schedule, progress performance or furnishing of the Work, which the Bidder deems necessary to determine his Bid.

3.4 It is the responsibility of each Bidder to inform himself of, and the Bidder awarded the Contract shall comply with, all applicable Laws, including but not limited to those affecting the cost, schedule, progress, performance or furnishing of the Work. Examples of such Laws include, but are not limited to those relating to prevailing wages, nondiscrimination in employment, protection of public and employee safety and health, environmental protection, building codes, fire protection, grading and drainage, airport operation and safety, use of explosives, vehicular traffic, access to streets and highways, restoration of lands and property under the control of the Federal Government, Commonwealth or a political subdivision, or a Public Governmental Body, nuisance control, taxes, permits, licenses, and fees.

3.4.1 The attention of all Bidders (including Sub-bidders)

is called to, and all Bids submitted shall be subject to, all applicable provisions of Massachusetts General Laws, including but not limited to M.G.L. Chapter 30, Sections 39F, 39K, 39M and 39N, Chapter 149, Sections 29 and 44A through and including 44J. Pursuant to M.G.L.

Chapter 60, § 93, it is understood, agreed and acknowledged by the Contractor, and the Contractor by the execution of this Contract so certifies, that the Collector-Treasurer of the City of Boston may withhold from any amounts owing and payable to the Contractor under this Contract any and all sums owed to any department or agency of the City of Boston, together with interest and costs, which remain wholly or partially unpaid.

This shall include but not be limited to unpaid taxes and assessments, police details, fire watches, and any other fees and charges until such sums owed have been paid in full. The Collector-Treasurer further may apply any amounts owing and payable to the Contractor to satisfy any sums owed to the City. Any Contractor who is delinquent in payments to the Boston Police Department Detail Billing and Payment Account will be prohibited from bidding on City of Boston Contracts until such detail accounts are paid in full. Any payments due to Contractors currently under contract with the City that are delinquent in their payments to the Boston Police Detail Account will be withheld to the extent of the amount past due, plus interest and costs, until such detail accounts are paid in full.

3.5 Provisions in the General Conditions as to taxes, permits, approvals, licenses and fees are supplemented as follows:

3.5.1 Except as stated in the Bidding Documents, the Bidder

awarded the Contract shall pay and bear responsibility for all taxes assessed against the City or the Bidder in connection with the Work.

3.5.2 Except for permits, approvals, licenses, and fees for

which the City is responsible under the Bidding Documents, the Bidder awarded the Contract shall bear responsibility for the cost and time required to obtain all permits, approvals, licenses and fees necessary for prosecution and completion of the Work.

3.5.3 The City of Boston is exempt from the provisions of the Massachusetts sales tax. The Certificate of Exemption number is E046-001-380.

3.6 Before submitting a Bid, each Bidder shall examine the

contents of the Bidding Documents and the site to identify

(a) the coordination and cooperation requirements between the Work and other work at or near the site; (b) any limitations in access to or release of portions of the site to accommodate other work at or near the site; and (c) any Contract Time and work sequence conditions indicated in or required by the Bidding Documents to effect proper interfacing between the progress of the Work and the progress of the other work at or near the site.

3.7 Submission of a Bid constitutes a binding

representation by the Bidder that all prices bid on the Bid Form reflect all conditions and consequences which may result from the performance of other work and which may in any manner affect cost, schedule, progress, performance or furnishing of the work.

3.8 Bidders should refer to the General Conditions and

Section 01 32 17 which contain Progress Schedule requirements. Submission of a Bid constitutes a binding representation by the Bidder that he has examined and agrees with those requirements, including but not limited to requirements affecting the Bidder's and City's rights in the administration of early completion schedules, sharing of Total Float and Contract Float times and responsibility for delays which affect parts of the Work with remaining Total and Contract Float time.

3.9 It is the responsibility of each Bidder in the preparation of his Bid to account for all other general, local and prevailing conditions at or contiguous to the site which may in any manner affect the cost, schedule, progress, performance or furnishing of the Work. Examples of such other conditions include, but are not limited to (a) the nature and location of the Work, (b) conditions relating to the transportation, disposal, handling and storage of materials, (c) the availability and suitability of labor, materials, water, and electric power.

3.10 The submission of a Bid constitutes a binding

representation by the Bidder that the Bidder has complied with every requirement of this Article, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and those means, methods, techniques, sequences, or procedures applicable

00 20 00- 3 to the Work as may be indicated in or required by the Bidding Documents and that the Bidder considers the Bidding Documents to be sufficient in scope and detail to indicate and convey a clear understanding of all terms and reasonably foreseeable conditions applicable to the Work, and how such terms and conditions may affect the cost, schedule, progress, performance and furnishing of the Work.

3.11 Any failure of a Bidder to take the actions described and acknowledged in this Article will not relieve the Bidder of responsibility for estimating properly the difficulty, cost of, and schedule for successfully performing and furnishing the Work, or for proceeding to successfully perform and furnish the Work without an increase in Contract Price or Contract Time.

3.12 Neither the City nor the Engineer assumes any

responsibility for any conclusion or interpretations made by any Bidder based on the information made available by the Bidding Documents. Nor does the City or Engineer assume any responsibility for any understanding reached or representation made about conditions which may affect the cost, schedule, progress, furnishing and performance of the Work, unless that understanding or representation is expressly stated or indicated in the Bidding Documents (including written Addenda).

3.13 The General Conditions contain provisions which

require the Bidder awarded the Contract to:

3.13.1 Bear responsibility for costs which may arise from

certain specific events, and such costs will not be included in prices, cost reimbursements, or settlements related to Change Orders, Change Authorization or claims;

3.13.2 Bear responsibility for delay, extension or

acceleration for which the City may otherwise be responsible under the Contract and such delay extension or acceleration will not warrant adjustments in Contract Price or Contract Time; and

3.13.3 Submit detailed cost and pricing data and detailed

productivity and production data based on a detailed analysis of the Progress Schedule when submitting proposals and claims to enable the City and Engineer to determine the necessity, reasonableness, and allowability of any costs and any delay, extension, acceleration and associated cost proposed.

ARTICLE 4 - INTERPRETATIONS; ADDENDA

4.1 Bidders requiring interpretation or clarification of any

perceived conflict, ambiguity, error or omission which is discovered upon examination of the Bidding Documents, the site or any other general, local or prevailing conditions shall make a request for interpretation or clarification. Unless otherwise noted in the Advertisement, requests for interpretation of clarification, or proposals for any other modifications to the Bidding Documents, made orally or received less than seventy-two (72) hours prior to the date of Bid opening will not be answered. All questions must be submitted in writing to pmdbidinfo@boston.gov.

4.2 Any interpretation, clarification, correction, addition or deletion to the Bidding Documents will be binding only if given by a written Addendum, signed by the Official.

Interpretations, clarifications, corrections, additions or deletions made orally or in any other manner are not binding and should not be relied upon by the Bidders. Addenda will be sent by electronic mail (e-mail) or facsimile, if an e-mail address is not provided to the Official, to all parties who, according to the Official's records, have obtained Bidding Documents and have furnished to the Official an e-mail address and/or facsimile number for the purpose of receiving the Addenda. Addenda may also be issued to modify the Bidding Documents as deemed advisable by the Official.

4.3 Prior to submission of his Bid, each Bidder shall ascertain that he has received all Addenda issued and must acknowledge all Addenda on his Bid Form.

4.4 Any quantities of Unit Price Work given on the Bid Form

are approximate only and are to be used solely for the comparison of bids received and to establish the Contract Price for the Work. Neither the City nor the Engineer represents or warrants that actual quantities of Unit Price Work performed will equal those given. Progress payments will be made only for actual quantities of Unit Price Work performed in accordance with the Contract Documents.

Actual quantities of Unit Price Work may overrun or under-run those given in the Bid Form without necessarily invalidating any of the unit prices bid.

ARTICLE 5 - BID SECURITY

5.1 Every General Bid and every Sub-Bid submitted for a

sub-trade designated in Item 2 of the General Bid Form, shall be accompanied by a bid deposit in the form of a bid bond, or cash, or a certified, treasurer's or cashier's check issued by a responsible bank or trust company, payable to the City of Boston. A bid bond shall be (a) in a form satisfactory to the Official (see Section 00 43 13 Bid Bond Form and Section 00 43 14 - Sub-Bid Bond Form), (b) issued by a good and sufficient surety licensed and otherwise qualified to do business in the Commonwealth of Massachusetts Division of Insurance and appearing on the current U.S. Department of the Treasury List of Approved Sureties (Circular 570) and satisfactory to the Official, and (c) conditioned upon the faithful performance by the principal of the agreement contained in the General Bid or the Sub-Bid. The amount of each such bid deposit shall be five-percent (5%) of the value of the General or Sub-Bid respectively, including all alternates. General Bidders submitting electronically must upload a copy of the Bid Bond as instructed in Article 10.

5.2 All bid deposits of General Bidders, except those of the

three (3) lowest responsible and eligible General Bidders, shall be returned within five (5) business days after the opening of the General Bids. The bid deposits of the three lowest responsible and eligible General Bidders shall be returned upon the execution and delivery of the General Contracts or, if no award is made, upon the expiration of the period for award stated in the Advertisement or if no period is stated, ninety (90) business days after the opening of the General Bids or, if Federal Government approval is required, within thirty business days after such approval; except that, if

00 20 00- 4 any General Bidder fails to perform his agreement to execute a contract and furnish a labor and materials payment bond as stated in his General Bid within seven (7) business days of receiving the notice of award from the City, his bid deposit shall become and be the property of the City of Boston, as liquidated damages; which becomes the property of the City of Boston shall not, in any event, exceed the difference between his bid price and the bid price of the next lowest responsible and eligible bidder; and provided further that, in case of death, disability, bona fide clerical or mechanical error of a substantial nature or other unforeseen circumstances affecting the General Bidder, his bid deposit shall be returned to him.

5.3 All bid deposits of Sub-bidders, except (1) those of the

Sub-Bidders named in the General Bids of the three (3) lowest responsible and eligible General Bidders and (2) those of the three (3) lowest responsible and eligible Sub-bidders for each sub-trade, shall be returned within five (5) business days after the opening of General Bids. The bid deposits of Sub-bidders shall be returned after the execution of the General Contract, except that if a selected Sub-bidder fails to perform his agreement to execute a Subcontract with General Bidder selected as the General Contractor, contingent upon the execution of the General Contract, and, if requested to so do in the General Bid by such General Bidder, to furnish a performance and payment bond as stated in his Sub-bid in accordance with M.G.L.

Chapter 149, Section 44F, the bid deposit of such Sub-bidder shall become and be the property of the City of Boston as liquidated damages; provided that, the amount of the bid deposit which becomes the property of the City of Boston shall not, in any event, exceed the difference between his Sub-bid price and the Sub-bid price of the next lowest responsible and eligible Sub-bidder; and provided further that, in case of death, disability, bona fide clerical or mechanical error of substantial nature, or other unforeseen circumstances affecting any such Sub-bidder, his bid deposit shall be returned to him.

5.4 In addition to the provisions for the return of bid deposits in the first sentence of paragraph 5.2, and in the first sentence in paragraph 5.3, upon the receipt of a bid bond in an amount not less than the amount of the first sentence in paragraph 5.3, upon the receipt of a bid bond in an amount not less than the amount of the required bid deposit, the City shall return any bid deposit of a General Bidder forthwith after the public opening of General Bids. The Bid bond shall be in an amount and in the form provided in paragraph 5.1.

ARTICLE 6 - CONTRACT TIME

6.1 The number of days within which, or the dates by which, the Work or any part of the Work, shall be completed (the Contract Times), are specified in the Agreement, Section 00 52 13, Article 4, and may be supplemented, also as provided in the Contract. The Contract Times so specified are of the essence of the Contract.

6.2 If a Bidder believes that any of the Contract Times

specified are insufficient or excessive, that Bidder shall advise the Official in accordance with the requirements of Section 00 52 13, Article 4

ARTICLE 7 - LIQUIDATED DAMAGES

7.1 Liquidated damages are specified in the Contract, Section 00 52 13, Article 4, and may be supplemented in the Supplementary Conditions.

ARTICLE 8 - ITEMS NAMED OR SPECIFIED;

SUBSTITUTES

8.1 The Contract, if awarded, will be on the basis that the

Bidder awarded the Contract will furnish only items of material and equipment named or specified in the Bidding Documents as advertised or added by Addenda.

8.2 Any time it is stated in the Bidding Documents that an

"or-equal" material or equipment, or a substitute means, method, technique, sequence or procedure applicable to the Work, may be furnished or used by the Bidder awarded the Contract if acceptable to the Official, application for that acceptance will not be considered until after the date the City executes the Contract.

ARTICLE 9 - BID FORM AND BID FORM ATTACHMENTS

9.1 The Bidding Documents include one set of the General

Bid Form and the Sub-Bid Form. All blank spaces shall be properly printed in ink or typed in accordance with the requirements of this Notice to Bidders, and the Bid Form, as applicable. All bid prices shall be entered in both words and figures.

9.2 Bids by individuals shall state the name and business

address of the individual and shall be signed by the person making that Bid.

9.3 Bids by partnerships shall be signed in the true name of

the partnership. The name, signature and designation (general or managing) of the partner(s) authorized to sign shall be entered below the partnership name. Evidence of authority to sign and the official address of the partnership shall be provided.

9.4 Bids shall state the legal name of the bidder. The

signature of the authorized representative shall be indicated below the legal name.

9.5 The Bidder shall complete the acknowledgment of

Addenda table in the space provided in the Bid Form.

9.6 The telephone number and E-Mail address of the Bidder

to be used for communications about the Bid shall be shown.

9.7 Bidders shall submit the required information on the Bid

Form provided. All blank spaces shall be properly printed in ink or typed, in accordance with the requirements of this Notice to Bidders.

9.8 Whenever there is a discrepancy between words and

figures on a form for General Bid or Sub-Bid, words shall take precedence over figures.

00 20 00- 5

ARTICLE 10 - PREPARATION AND SUBMISSION OF

BIDS

10.1 Bids must be received by the date and time and at the

place stated in the Advertisement. Late bids will not be accepted. Bids submitted orally, or by telephone, or by telegraph or facsimile are invalid and will be rejected without consideration.

10.2 Each Sub-Bid must be submitted in hard copy in an

enclosed sealed envelope which shall be marked with the name, address and telephone number of the Bidder, the name of the Project; and, if applicable, the part of the Project represented by the Work. The opaque sealed envelope shall contain the completed Bid Form. If the Bidding Documents require each Bid to enclose other documents not to be attached to the Bid Form, the sealed envelope shall contain another envelope (as provided in the Supplementary Instructions) with those Bidder provided documents. Sub-Bids uploaded to the City’s Supplier Portal will be considered non-responsive.

10.3 Each General Bid can submit their bids in hard copy or

electronically through the City’s Supplier Portal City of Boston Supplier Portal. For Full Instructions (PDF), follow the steps in the official guide: Entering a Bid Online (PDF).

Any General Bidder that is not a registered vendor may register in the Supplier Portal. Bidder will need to register as a vendor if awarded.

10.4 Each bid shall be legibly prepared on the Bid Form. The

Bidder shall show the sum representing the Bidder's Base Bid, and if alternates are listed, the sum of the Bidder's Base Bid plus the Bidder's Bid Prices for all alternates, in the designated location. General Bids submitted via the City’s Supplier Portal must enter the total Bid price on the price line. Click “Bid on Event” to attach the Bid Form, CM-16, Copy of Bid Deposit, DCAMM eligibility.

10.5 Before submission of his Bid, a Bidder may alter or

revise any price of information he has entered on the Bid Form by crossing out the entry, legibly printing in ink or typing the new figure or information, and placing his initials immediately adjacent to each change. After Bid opening, the Official may require a Bidder to verify any alteration or revision. Ambiguities arising from any such entries so altered or revised will be resolved against the Bidder in the Official's sole discretion.

ARTICLE 11 - WITHDRAWAL OF BID

11.1 Any Bidder may withdraw his Bid before Bid opening.

The City reserves the right to require any Bidder wishing to withdraw his Bid before Bid opening to both sign and properly submit a document requesting the withdrawal both in the manner in which a Bid shall be signed and submitted to the City. Withdrawal of a Bid before Bid opening will not prejudice the right of a Bidder to re-submit a Bid. After the time for receiving Bids has expired, no Bid may be withdrawn by a Bidder, except as provided in this Article and as permitted by Law.

11.2 After the time for receiving Bids has expired, if any

Bidder wishes to withdraw his Bid because of a bona fide mechanical or clerical error he shall submit to the Official within two (2) business days after the date of the Bid Opening evidence in the form of estimate sheets showing the purported error together with a notarized statement explaining the reason for the withdrawal request. Upon receipt of the request and this evidence the Official will determine if it satisfies the requirements of M.G.L. Chapter 149, Section 44B(3) (General Bids) or Chapter 149, Section 44B(4) (Sub-Bids) regarding withdrawal of Bids. If the Official determines the evidence to be sufficient the City will accept withdrawal and return the Bid Deposit to the Bidder.

ARTICLE 12 - OPENING OF BIDS

12.1 All Bids duly received at the place designated in the

Advertisemen10t before the announced closing time for receipt of Bids will be opened publicly and read aloud. Each Bidder assumes full responsibility for timely delivery of his Bid at the location and before the closing time specified.

Any Bid received after the announced closing time will be returned unopened. Any uncertainties as to whether a Bid was submitted in time will be resolved against that Bidder in the City’s sole discretion.

12.2 Upon inspection of the Bids, if any Bidder who

submitted a Bid to the City has any objections to the award of the Contract to any other Bidder, that Bidder shall lodge that protest, in writing, with the City within two (2) Business Days after the date when the Bids become available for inspection. The protest shall describe in detail the basis for the protest, and shall request a determination under this Article.

ARTICLE 13 - BIDS TO REMAIN OPEN

13.1 All Bids shall remain open for acceptance by the City

for no less than the period for award during which bids shall remain open stated in the Advertisement and in accordance with applicable law. If no period for award is stated in the Advertisement, bids shall remain open for ninety (90) days.

13.2 Extensions of the time during which Bids shall remain

open, at no increase in (a) the Bidder's Base Bid, (b) any of the Bidder's alternates, nor (c) any Contract Time stated in days, may be made only by mutual agreement between the City and any of the Bidders remaining for consideration of the award. If a Bidder fails to agree to an extension of the time when his Bid shall remain open (subject to the conditions stipulated in this paragraph), the Contract shall not be awarded to that Bidder, and that Bidder's failure to agree to any such extension will not constitute grounds for forfeiting his Bid Security.

ARTICLE 14 - GENERAL BIDS

14.1 General Bids shall be submitted on the General Bid

Form furnished by the City, which is in the Bidding Documents. The General Bid shall be completely filled in, signed, uploaded to the City’s Supplier Portal (Article 10) or submitted in hard copy in an envelope, sealed and plainly https://www.boston.gov/departments/procurement/how-use-supplier-portal https://www.boston.gov/departments/procurement/how-use-supplier-portal https://boston.gov/sites/default/files/embed/e/entering_a_bid_on-line_1.pdf

00 20 00- 6 marked with the name and number of the Project, and a description of the work to be done. General Bids will be valid only when accompanied by: (1) a Certificate of Eligibility issued by the Massachusetts Division of Capital Asset Management and Maintenance (DCAMM) showing that the Bidder has been approved to bid on projects of this size and nature; (2) a DCAMM Update Statement summarizing the Bidder's record between the latest DCAMM certification and the date the Bidder submits his Bid; and (3) a bid deposit in accordance with the requirements of Article 5. The Bid shall be filed with the City at the place and by the date and time designated in the Advertisement. Late General Bids will not be accepted and will be returned unopened.

14.2 General Bids shall be for the complete Work as

specified and shall include the names of Sub-bidders and the amounts of their Sub-bids. The General Bidder shall be selected on the basis of such General Bids.

14.3 Every General Bid shall be divided into two items:

Item 1:

Covering the Work of the General Contractor, being all work other than covered by item 2.

Item 2:

Covering the Work and the Sub-bid prices therefor of the

Sub-bidders for such of the following as in the estimation of the City will exceed $25,000.00: (1) roofing and flashing; (2) metal windows; (3) waterproofing, dampproofing and caulking; (4) miscellaneous and ornamental iron; (5) lathing and plastering; (6) acoustical tile; (7) marble; (8) tile; (9) terrazzo; (10) resilient floors; (11) glass and glazing; (12) painting; (13) plumbing; (14) heating, ventilating and air conditioning; (15) electrical work including direct electrical radiation for heating; (16) elevators; (17) masonry work; (18) fire protection and (19) any other trade work for which the City deems it necessary and convenient to receive Sub-bids; and each of these trades of work shall be designated in Item 2 of the General Bid Form as a sub-trade for which Sub-bid prices must be given.

14.4 A labor and materials payment bond of a surety

company qualified to do surety business in the Commonwealth of Massachusetts, satisfactory to the City, in the sum of 50% of the Contract Price, will be required of the successful General Bidder.

14.5 Subject to the provisions in paragraphs 14.5.1 and

the requirements of the Bidding Documents, if the City elects to award the contract, the City will award it to the lowest responsible and eligible General Bidder who submits a Bid, without conditions or exceptions, which conforms in all material respects with the requirements of the Bidding Documents, as determined solely by the City’s and Engineer’s evaluation of the Bid Form, Bid Form Attachments and Bidder-provided documents.

14.5.1 Determination of the lowest Bidder shall be on the

basis of the sum of the Base bid and any alternates accepted by the City. Alternates, if accepted, shall be accepted in the order in which they are listed in the “Schedule of Alternates” on the Bid Form. The City will not accept an alternate unless all other previously listed alternates are accepted.

14.6 Upon evaluation of the Bids of those Bidders remaining

for consideration for the award, if the City disqualifies any Bidder for the award, the City will give written notice of the disqualification to that Bidder.

14.7 Except in circumstances leading to a determination

obviously in error or inconsistent with the Bidding Documents, discrepancies or non-conformance on the Bid Form shall be resolved as follows: (a) between words and figures, the written words are binding on the Bidder, (b) between any sum, indicated by the Bidder, and the correct sum, the correct sum is binding on the Bidder; (c) between the product, indicated by the Bidder, of any quantity and bid unit price and the correct multiplication of the unit price times the quantity of Unit Price Work, the unit price bid is binding on the Bidder, and (d) if a Bidder fails or neglects to enter a Bid price in both words and figures, the Bid price entered, whether in words or figures, will be binding on the Bidder.

ARTICLE 15 - SUB-BIDS BY GENERAL BIDDERS

15.1 If a General Bidder customarily performs with his own

employees sub-trade(s) listed in Item 2 of the General Bid Form, he may submit a Sub-bid on the Sub-bid Form, and shall also submit under Item 2 of this General Bid his name and amount for such sub-trade. A Sub-bid so submitted by the General Bidder selected as the lowest responsible and eligible General Bidder shall be considered on a par with Sub-bids filed with the City by Sub-bidders who customarily perform such sub-trade(s). No such Sub-bid by a General Bidder will be considered however, unless the General Bidder can show, to the satisfaction of the City that he does customarily perform such sub-trade(s) and is qualified to do the character of work required by the applicable section of the specifications.

ARTICLE 16 - SUB-BIDS

16.1 All Sub-bids for a sub-trade designated in Item 2 of the General Bid Form shall be filed with the City before twelve o'clock noon on the date and at the place designated in the Advertisement for the opening of Sub-bids. Every such Sub-bid shall be for the complete work of the sub-trade as specified, and must be submitted on the Sub-bid Form furnished by the City Authority, which is in the Bidding Documents. Every such Sub-bid shall be submitted in a sealed envelope with the following plainly marked on the outside: title of Work; sub-trade for which Sub-bid is being submitted; Sub-bidder's name; Sub-bidder's business address. Sub-bids received after precisely twelve o'clock noon will not be accepted and will be returned unopened.

16.2 Every Sub-bid for a sub-trade designated in Item 2 of

the General Bid form shall be publicly opened and read by the City at the time and place specified in the Advertisement.

Not later than the second business day, before the day fixed by the City for the opening of General Bids, the City shall mail to every person on record as having taken a set of Bidding Documents a list of Sub-bidders, arranged by sub-trades and listing for each sub-trade the name, address, and Sub-bid price of every sub-bidder submitting a Sub-bid thereon not rejected by the City, and the General Bidders excluded from using such Sub-bid. A person shall not be named by a General Bidder as a Sub-Bidder for a sub-trade

00 20 00- 7 in Item 2 of the General Bid unless such person is included for such sub-trade in said list.

16.3 If a General Bidder not excluded in said list from doing so, names as a Sub-bidder for a sub-trade in said list on the Sub-bid form a person included for such sub-trade in said list at the Sub-bid price stated in said list, neither the General Bid of each General Bidder nor the General Contract executed on the basis of such General Bid shall be invalid or rejected because of the invalidity of such Sub-bid, or because of error in said list, nor shall such General Bid be rejected nor shall such General Contract be invalid because of any invalid action taken by the City in connection with any Sub-bid(s); but there shall be substitution of Sub-bidders and adjustment of Contract Price as if paragraph 17.4 were applicable. No Sub-bid shall be rejected because of the failure to submit prices for, or information relating to, any item or items for which no space is provided on the Sub-bid Form furnished by the City; but this sentence shall not be applicable to any failure to furnish prices or information required to be furnished in the Sub-bid Form.

16.4 Every Sub-bidder duly filing a Sub-bid with the City

shall be bound to every General Bidder not excluded from the use thereof; and any variance from such Sub-bid communicated to a General Bidder shall be of no effect.

16.5 A performance and payment bond furnished by the

subcontractor, at the request of a General Contractor set forth in the General Bid Form, shall be for the benefit of the General Contractor, shall secure the performance of the subcontract by the subcontractor, and shall indemnify and hold harmless the General Contractor and the surety, or sureties, under the labor and materials or payment bond furnished by such General Contractor to the City against (1) any and all loss and expense arising out of any and all claims in connection with the performance of said subcontract which would be required to be paid under the labor and materials payment bond furnished by the General Contractor to the City, and (2) attorney fees in the event that the subcontractor, after notice, fails to assume the defense of and defend such claims.

16.6 Each Sub-bidder shall list in paragraph E of the Sub-

bid Form the name and bid price of each person, firm or corporation performing each class of work or part thereof for which the section of the specifications for that sub-trade requires such listing; provided that, in the absence of a contrary provision in the specifications, any Sub-bidder may, without listing any bid price, list his own name in said paragraph E for any such class of work or part thereof and perform that work with persons on his own payroll, if such Sub-bidder, after Sub-bid opening, shows to the satisfaction of the City, that he does customarily perform such class of work or the part thereof with persons on his own payroll and is qualified to do so.

ARTICLE 17 - NO ACCEPTABLE SUB-BIDS: NOTICE

OF SELECTION

17.1 If no Sub-bid is filed for a sub-trade designated in

Item 2 of the General Bid Form, or if all Sub-bids are restricted for a sub-trade designated in said Item 2, pursuant to M.G.L. Chapter 149, Section 44F (4)(a)(1) the

City shall, in an addendum issued with the list of Sub-bidders, instruct General Bidders to include the cost of that sub-trade in Item 1 of their form for General Bid, subject to the written of approval of the City. If the City determines that any Subcontractor chosen by the General Bidder under this provision is not qualified or responsible, the General Bidder shall obtain another Subcontractor who is satisfactory to the Official with no adjustment in the General Bid Price.

17.2 If a rejection of all Sub-bids for a sub-trade designated in Item 2 of the General Bid Form occurs pursuant to M.G.L.

Chapter 149, Section 44E (1) or 44F (3) the City shall, in an addendum issued with the list of Sub-bidders, instruct General Bidders the amount to be included for that sub-trade in Item 2 of General Bid Form for such sub-trade; and without in any way affecting other Sub-bidders who have conformed to the prescribed bidding procedure, new Sub-bids for such sub-trade shall be requested forthwith by written invitation to three or more qualified Sub-bidders and shall be publicly opened and read by the City at a time and place to be specified in such invitation. The General Contractor shall cause the Work covered by such sub-trade to be done by the lowest responsible and eligible Sub-bidder against whose standing and ability the General Contractor makes no objection or, if there is no such Sub-bidder, by such subcontractor against whose standing and ability the General Contractor makes no objection and for such sum as the General Contractor and the City may agree upon; and the Contract Price shall be adjusted by the difference between the sub-contract sum and the amount stated in the addendum. The General Bidder shall include under Item 1 of the General Bid Form all expenses and profits on account of such adjustments.

17.3 If, after the selection of the lowest responsible and

eligible General Bidder, it is decided to consider Sub-bidders other than the ones named by such General Bidder in his General Bid, the City and such General Bidder shall jointly consider all filed Sub-bids not rejected under M.G.L. Chapter 149, 44F(3). Any agreement to substitute a Sub-bid for the one named in the selected General Bid shall result in an adjustment of the General Bid Price by the difference between the amount of the sub-bid originally named and the amount of the Sub-bid substituted therefor. If by such substitutions the total adjusted General Bid price of the General Bidder first selected becomes greater than the original General Bid Price of the second lowest responsible and eligible General Bidder, then the latter shall be selected and his Sub-bidders similarly considered. If, by substitutions as herein before provided, the total adjusted General Bid Price of the second selected General Bidder becomes greater than the total adjusted General Bid Price of the third lowest responsible and eligible General Bidder, then the Bidder having the lower of these two General Bid Prices shall be selected; provided that, if the third lowest responsible and eligible General Bidder is selected, his Sub-bidders shall be similarly considered. The General Bidder finally selected by the aforementioned process of substitutions shall be the General Bidder to whom the Contract shall be awarded.

17.4 If a selected Sub-bidder fails, within five (5) business days, after presentation of a subcontract by the General Bidder selected as the General Contractor, to perform his agreement to execute a subcontract in the prescribed form with such General Bidder, contingent upon the execution of

00 20 00- 8 the General Contract and, if requested to do so by such General Bidder in the General Bid, to furnish a performance and payment bond as stated in his Sub-bid, such General Bidder and the City shall select from the other Sub-bids duly filed with the City for such sub-trade, and not rejected, the lowest responsible and eligible Sub-bidder at the amount named in his 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 Sub-bid and the amount of the Sub-bid of the delinquent Sub-bidder. The subcontract shall bear the form and contain the terms and conditions set forth in M.G.L.

Chapter 149, Section 44F(4)(c).

17.5 All Sub-bidders, when finally selected, shall be notified in writing of their selection within 48 hours thereafter by the General Bidder.

17.6 In each case of substitution of a Sub-bidder for a Sub-

bidder listed in the General Bid of the selected General Contractor, the selected General Contractor may require the substituted Sub-bidder to furnish a performance and payment bond and the premium for same shall be added to the Item 1 price, except where the selected General Contractor has indicated in his General Bid that the original Sub-bidder designated for that sub-trade in which substitution was made would be required to furnish such bond.

17.7 In the instances enumerated in paragraphs 17.1, 17.2, and 17.3, the Item 1 price shall also be adjusted by the amount of the increase or decrease in the premium required to be paid for the General Contractor's labor and materials payment bond caused by the substitution.

ARTICLE 18 - REJECTION OF GENERAL BIDS AND

SUB-BIDS

18.1 Every Bid which is not accompanied by a bid deposit

as prescribed by M.G.L. Chapter 149, Section 44B(2), or which otherwise does not conform with M.G.L. Chapter 149, Sections 44A to 44J, inclusive, or which is incomplete, conditional, or obscure, or which contains any addition not called for, shall be invalid; and the City shall reject every such Bid. No such Bid shall be rejected because of the failure to submit prices for, or information relating to, any item(s) for which no specific space is provided on the bid form furnished by the City, but this sentence shall not be applicable to any failure to furnish prices or information required by Section 44E (in the case of General Bids) or Section 44F (in the case of Sub-bids).

18.2 The General Bid Price shall be the price set forth in

paragraph C of the General Bid Form. No General Bid shall be rejected (1) because of the sum of the prices set forth in Item 1 and Item 2 does not equal the General Bid Price set forth in said paragraph C, or (2) because of error in setting forth the name, Sub-bid Price of a Sub-bidder, or the total of Item 2 as long as the Sub-bidder(s) designated are clearly identifiable, or (3) because the Bidding Documents do not accompany the Bid.

18.3 The City further reserves the right to reject any or all General Bids if it be in the public interest to so do; and to reject any Sub-bid on any sub-trade if it determines that such sub-bid does not represent the Sub-bid of a person competent to perform the work as specified, or that less than three such Sub-bids were received and that the prices are not reasonable for acceptance without further competition.

ARTICLE 19 - AWARD TO NEXT LOWEST

RESPONSIBLE AND ELIGIBLE BIDDER

19.1 If the General Bidder selected as the General

Contractor fails to perform his agreement to execute a Contract in accordance with the terms of his General Bid, furnish a labor and materials payment bond and provide evidence that the insurance required by the Contract Documents has been obtained within seven (7) business days of notice of award, an award may be made to the next lowest responsible and eligible General Bidder.

19.2 Except as otherwise provided in M.G.L. Chapter 149, Section 44E, the words "lowest responsible and eligible Bidder" shall mean the Bidder whose bid is the lowest of the Bidders possessing the skill, ability and integrity necessary to the faithful performance of the work and who shall certify that he is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed on the work.