MSES01Shutesbury HVAC Controls Bid Set Specs 41422.pdf

PROJECT MANUAL FOR:

TOWN OF SHUTESBURY

HVAC CONTROLS UPGRADE

- SHUTESBURY ELEMENTARY SCHOOL -

23 WEST PELHAM ROAD

SHUTESBURY, MA 01072

April 20, 2022

HESNOR ENGINEERING ASSOCIATES , PLLC

2A River Street Adams, MA 01220

T: 413-743-9500 F: 413-743-3313

Section 00 01 10 Table of Contents

Division 00 Procurement and Contracting Requirements

00 01 10 Table of Contents

00 01 15 List of Drawings

00 11 12 Advertisement for Bids

00 21 13 Instructions to Bidders

- E-Bidding Registration Instructions

00 41 13.1 Form for General Bid

- Prime/General Contractor Update Statement

00 72 00 Contract & General Conditions

00 72 01 Supplemental Conditions

00 72 01.1 Contractors Certification

00 72 01.2 Payment Bond

00 72 01.3 Performance Bond

- Compliance Documents and Checklist (Submit with Bid)

- Exhibit B - Certificate of Non-Collusion (Submit with Bid)

- Exhibit C - Certificate of Tax Compliance (Submit with Bid)

- Exhibit D - Debarment Certification (Submit with Bid)

- Exhibit E - Certification OSHA Training (Submit with Bid)

- Sample Owner-Contractor Agreement

00 73 43 Prevailing Wages and Labor Regulations

Division 01 General Requirements

01 11 00 Summary of Work

01 14 00 Work Restrictions

01 24 00 Schedule of Values

01 31 00 Project Management and Coordination

01 31 19 Project Meetings

01 40 00 Quality Requirements

01 50 00 Temporary Facilities and Controls

01 73 29 Cutting and Patching

01 74 00 Construction Waste Management

01 77 00 Closeout Procedures

01 78 39 Project Record Documents

01 80 01 Codes, Regulations, Standards and Fees

01 80 02 Cleaning Services

Division 23 Mechanical

23 00 05 Mechanical Work

23 09 00 Building Instrumentation and Control

Division 26 Electrical

26 00 05 Electrical Work

Shutesbury Elementary School HVAC Controls Upgrade

April 20, 2022 00 01 10-1

Hesnor Engineering Associates, PLLC

Project No. M-SES01

Section 00 01 15 List of Drawings

List of Drawings

- Title Sheet

M-000 Mechanical Notes, Legends & Schedules

M-100 Mechanical Plan

M-500 Mechanical Details & One-Lines

M-700 Scope of Work & Points List

M-701 Existing HVAC Equipment Schedules

E-100 Electrical Plan

April 20, 2022

April 20, 2022

April 20, 2022

April 20, 2022

April 20, 2022

April 20, 2022

April 20, 2022

Shutesbury Elementary School HVAC Controls Upgrade

April 20, 2022 00 01 15-1

Hesnor Engineering Associates, PLLC

Project No. M-SES01

Advertisement

ADVERTISEMENT

The Town of Shutebury Select Board, the Awarding Authority, invites sealed bids from DCAMM Certified Energy Management Systems Contractors for the HVAC Control Upgrades project for the Shutesbury Elementary School in Shutesbury, Massachusetts, in accordance with the documents prepared by Hesnor Engineering Associates, PLLC dated April 20, 2022.

The Project consists of: Upgrade of existing HVAC Systems Controls.

The work is estimated to cost $190,000

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

ACCEPTED. Please review the instructions in the bid documents on how to register as an electronic bidder. The bids are to be prepared and submitted at www.biddocsonline.com . Tutorials and instructions on how to complete the electronic bid documents are available online (click on the “Tutorial” tab at the bottom footer).

Bids are subject to M.G.L. c.149 §44A-J & to minimum wage rates as required by M.G.L. c.l49 §§26 to 27H inclusive.

General bidders must be certified by the Division of Capital Asset Management and Maintenance (DCAMM) in the following category of work – Energy Management Systems and must submit a current DCAMM Certificate of Eligibility and signed DCAMM Prime Update Statement (Form CQ 3).

General Bids will be received until Friday, May 6, 2022 at 2:00 PM and publicly opened, forthwith online.

All Bids should be submitted electronically online at www.biddocsonline.com and received no later than the date and time specified above.

General bids and sub-bids shall be accompanied by a bid deposit that is not less than five (5%) of the greatest possible bid amount (considering all alternates), and made payable to the Town of Shutesbury

Bid Forms and Contract Documents will be available online on Wednesday, April 20, 2022 at www.biddocsonline.com (may be viewed electronically and hardcopy requested) or at Nashoba Blue, Inc.

at 433 Main Street, Hudson, MA 01749 (978-568-1167).

There is a plan deposit of $50 per set (maximum of 2 sets) payable to BidDocs Online Inc.

Deposits may be electronically paid or must be a check. This deposit will be refunded for up to two sets for general bidders and for one set for sub-bidders upon return of the sets in good condition within thirty days of receipt of general bids. Otherwise the deposit shall be the property of the Awarding Authority.

Additional sets may be purchased for $50.

Bidders requesting Contract Documents to be mailed to them shall include a separate check for $40.00 per set for UPS Ground (or $65.00 per set for UPS overnight), payable to BidDocs ONLINE, Inc., to cover mail handling costs.

The Pre-Bid Conference and site visit will be on Wednesday, April 27, 2022 at 1:30 PM at 23 West Pelham Road, Shutesbury, MA 01072.

The Contract Documents may be seen at:

Nashoba Blue Inc.

433 Main Street Hudson, MA 01749 978-568-1167 http://www.biddocsonline.com/ eBidding Over $150K 10/31/2016 Instructions to Bidders eBIDDING INSTRUCTIONS TO BIDDERS

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

ACCEPTED. Please review the instructions in the bid documents on how to register as an electronic bidder. The bids are to be prepared and submitted at www.biddocsonline.com . Tutorials and instructions on how to complete the electronic bid documents are available online (click on the “Tutorial” tab at the bottom footer).

ARTICLE 1 - BIDDER'S REPRESENTATION

1.1 Each General Bidder or Sub-bidder (hereinafter called the "Bidder") by making a bid or sub-bid (hereinafter called "bid") represents that:

1. The Bidder has read and understands the Contract Documents and the bid is made in accordance therewith.

2. The Bidder has visited the site and is familiar with the local conditions under which the Work has to be performed.

1.2 Failure to so examine the Contract Documents and site will not relieve any Bidder from any obligation under the bid as submitted.

ARTICLE 2 - GENERAL BIDDER'S AND FILED SUB-BIDDER’S CERTIFICATION

2.1 General bids shall be submitted with the following:

1. A Certificate of Eligibility on the appropriate form prescribed and issued by the Division of Capital

Asset Management and Maintenance (DCAM), showing that the Bidder is eligible to bid on projects of this size in the specified category of work (create a pdf file of the Certificate and browse & attach at www.biddocsonline.com); and

2. A Contractor Update Statement, DCAM Form CQ3 (create a pdf file of the Update Statement and browse & attach at www.biddocsonline.com or complete the Update Statement online at www.biddocsonline.com).

3. The Contractor Update Statement (CQ3) is not a public record as defined in DCAM regulation 810 CMR

8.06 and will not be open to public inspection.

2.2 Filed sub-bids shall be submitted with the following:

1. A Sub-Bidder Certificate of Eligibility on the appropriate form prescribed and issued by DCAM showing that the sub-bidder is eligible to bid on public projects in the specified category of work (create a pdf file of the Certificate and browse & attach at www.biddocsonline.com); and

2. A Sub-Bidder Update Statement on a form prescribed by DCAM (create a pdf file of the Update Statement and browse & attach at www.biddocsonline.com or complete the Update Statement online at www.biddocsonline.com).

3. The Sub-Bidder Update Statement is not a public record as defined in DCAM regulation 810 CMR

8.06 and will not be open to public inspection.

2.3 It is the Bidder's responsibility to obtain the necessary forms from DCAM and make application in sufficient time for evaluation of the application and issuance of a Certificate of Eligibility prior to bid.

2.4 Be advised that a new Massachusetts law has been enacted that requires all employees who work on Massachusetts public works construction sites must have no less than 10 hours of OSHA-approved safety and health training. See Chapter 306 of the Acts of 2004, which will become effective July 1, 2006.

1. This requirement will apply to any general bid or sub bid submitted on or after July 1, 2006 and to any contract awarded on or after July 1, 2006.

2. This law directs the Massachusetts Attorney General to restrain the award of construction contracts to any contractor who is in violation to this requirement and to restrain the performance of these contracts by non-complying contractors.

3. The Contractor and all subcontractors on this project will be required to provide certification of compliance with this requirement in accordance with the provisions of Section 01100 of these Contract Documents. Non-compliance with this new Massachusetts Law will disqualify you from bidding on public contracts.

ARTICLE 3 - REQUESTS FOR INTERPRETATION

3.1 Bidders shall promptly notify the Designer of any ambiguity, inconsistency, or error which they may discover upon examination of the Contract Documents, the site, and local conditions.

3.2 Bidders requiring clarification or interpretation of the Contract Documents shall make a written request to the Designer. The Designer will answer such requests if received seven (7) calendar days before the date for receipt of the bids.

3.3 Interpretation, correction, or change in the Contract Documents will be made by written Addendum which will become part of the Contract Documents. Neither the Awarding Authority nor the Designer will be held accountable for any oral interpretations, corrections, or changes.

3.4 Copies of addenda will be made available for inspection at the locations listed in the Advertisement where Contract Documents are on file or online at www.biddocsonline.com. Hard copies of the addenda will not be forwarded to the plan holders. The bidder is solely responsible for reviewing all addenda posted on the project website.

ARTICLE 4 - PREPARATION AND SUBMISSION OF BIDS

4.1 Forms and Bid Preparation

Bids shall be submitted electronically on the "Form for General Bid" or the "Form for Sub-Bid" at www.biddocsonline.com, as appropriate and available at no cost. The forms enclosed in the Project Manual shall not be extracted or used.

4.1.1 All bidders must complete and submit the electronic bidder registration form (Electronic Bidder

Signature Authorization Form – hard copy) to BidDocs ONLINE Inc. The form must be received by BidDocs ONLINE Inc. at least three business days prior to the bidding opening for processing.

The Awarding Authority, the Designer or BidDocs ONLINE Inc. will not be held accountable if the bidder fails to submit the electronic bidder registration form in a timely manner. Instructions to submit the form are in the Contract Documents and are available at www.biddocsonline.com (click on the “Tutorial” tab at the bottom footer).

4.1.2 All entries on the bid form shall be made online. Any documents that are attached to the bid must be in a pdf format.

4.1.3 Sums shall be expressed in both words and figures in the space indicated on the bid form. Where there is a discrepancy between the bid sum expressed in words and the bid sum expressed in figures, the words shall control. Note: The electronic bid forms match the “word” amount to the numeric “figure” amount entered.

4.1.4 If the requirement of Performance and Payment Bonds for filed sub-contractors is left blank by the General Bidder on the Form for General Bid, the Awarding Authority shall interpret this as a "yes".

No increase in contract price will be allowed for providing these bonds. Note: The system requires that the general bidder explicitly acknowledge yes or no.

4.1.5 Costs for subcontractor's bond premiums shall be paid for by the General Contractor in accordance with M.G.L. c.149 §44F.

4.2 Bid Deposits shall be:

4.2.1 at least five percent (5%) of the greatest possible bid amount, considering all alternates;

4.2.2 made payable to the Awarding Authority;

4.2.3 conditioned upon faithful performance by the principal of the agreements contained in the bid, and

4.2.4 in the form of:

.1 cash, .2 certified check, treasurer’s or cashier’s check issued by a responsible bank or trust company, or .3 bid bond issued by a surety company licensed to do business in the Commonwealth of Massachusetts.

Note: Both the “bid bond” or “check” bid deposits are to be scanned and uploaded to the system as a pdf file. IMPORTANT NOTICE: If the bidder elects to make a bid deposit in the form of “cash” or “check” the bidder must have the cash or check physically delivered to the Awarding Authority prior to the date and time of the bid opening.

4.2.5 retained until the execution and delivery of the Owner/Contractor Agreement if they represent the bid deposit of one of the three (3) lowest responsible and eligible General Bidders or one of the three (3) lowest Sub-bidders in a filed sub-bid trade, or a sub-bidder listed by one of the three (3).lowest General Bidders.

4.3 Electronic Submission of Filed Sub-Bids

Sub-bids, including the bid deposit, DCAM Sub-Bidder Certificate of Eligibility, DCAM Sub-Bidder Update Statement and required miscellaneous forms noted in the bid documents shall be submitted electronically online at www.biddocsonline.com. No hard copy bids will be accepted.

You will receive an email confirming submission of your bid. Click on the email link to review and print the submitted bid documents. Keep the email as a receipt that your bid was submitted. Note: You may modify your bid at any time prior to the bid date and time advertised. You will receive a new email each time you re-submit your bid.

4.3.1 Date and time for receipt of bids is set forth in the Advertisement.

4.3.2 Timely submission of a bid online shall be the full responsibility of the Bidder. Note: The project countdown clock on the website is the official clock that will determine when the bids are due.

4.4 Electronic Submission of General Bids

General Bids, including the bid deposit, DCAM Certificate of Eligibility, Prime /General Contractor Update Statement (CQ3) and required miscellaneous forms noted in the bid documents shall be submitted electronically online at www.biddocsonline.com . No hard copy bids will be accepted.

You will receive an email confirming submission of your bid. Click on the email link to review and print the submitted bid documents. Keep the email as a receipt that your bid was submitted. Note: You may modify your bid at any time prior to the bid date and time advertised. You will receive a new email each time you re-submit your bid.

4.4.1 Date and time for receipt of bids is set forth in the Advertisement.

4.4.2 Timely submission of a bid online shall be the full responsibility of the Bidder. Note: The project countdown clock on the website is the official clock that will determine when the bids are due.

4.5 Sub-Trade Solicitations

4.5 .1 If the General Bidders are instructed to carry an amount for a given sub-trade listed under Item 2, General Bidders shall list the sub-trade, and amount provided by the Awarding Authority. The line under bonds required on the General Bid Form should be marked “no” in order for subparagraph

4.5.2.2 to be applicable.

4.5 .2 Upon solicitation of a subcontractor to perform the work required by the sub-trade as mentioned in subparagraph 4.5.1, the selected General Contractor’s contract amount will be adjusted as follows:

.1 The difference between the subcontract amount and the amount carried in the bid.

.2 The total cost of the subcontractor's bonds, if the selected General Contractor requires such bonds after the solicitation is completed and if the selected General Contractor complied with

4.4.1 above, and

.3 The resultant cost difference for General Contractor's Bonds premiums.

4.5.3 Overhead and Profit for supervision of the sub-trade in question shall be included by all General

Bidders in Item 1.

4.5 4 Additional overhead and profit is not allowed on the incremental difference as stated in M.G.L.

c.149 §44F (4)(a)(2) nor on the costs for the additional bond premiums.

4.6 Addenda

4.6 .1 All modifications to the bid documents will be issued via an addendum. All registered plan holders will be electronically notified when addenda are issued. Hard copies of the addenda will not be forwarded to the plan holders. The bidder is solely responsible for reviewing all addenda posted on the project website. The bidder must acknowledge all addenda have been reviewed by selecting “yes” or “no” as part of the ebidding process. If the bidder selects “no”, the bidder will automatically be directed to the Addenda icon on the project page.

ARTICLE 5 - ALTERNATES

5.1 Each General Bidder shall acknowledge Alternates in Section C on the Form for General Bid by entering the dollar amount of addition or subtraction necessitated by each Alternate.

5.2 In the event an Alternate does not involve a change in the amount of the base bid, the Bidder shall so indicate by entering "0" (numeric figure) in the “Add” space provided for that Alternate.

5.3 Sub-bidders shall enter on the Form for Sub-bid the amount of addition or subtraction necessitated by each Alternate which pertains to the work of that trade. If an Alternate does not involve a change in the bid amount, indicate by entering "0" (numeric figure) in the “Add” space provided for that Alternate.

5.4 General Bidders shall enter on the Form for General Bid a single amount for each Alternate which shall consist of the Sub-bidders' amounts and the amount for work performed by the General Contractor.

5.5 The low Bidder will be determined on the basis of the sum of the base bid and the accepted alternates.

ARTICLE 6 - WITHDRAWAL OF BIDS

6.1 Before Opening of Bids

6.1.1 Any bid may be withdrawn (retracted) prior to the time designated for receipt of bids upon clicking the tab to “Retract Bid”. The bidder and Awarding Authority will receive an email confirming that the bidder retracted the bid.

6.1.2 Withdrawn bids may be modified and resubmitted up to the time designated for the receipt of bids.

6.2 After Opening of Bids

Bidders may withdraw a bid, without penalty, any time up to the time of Award as defined in paragraph 6.1, and upon demonstrating, to the satisfaction of the Awarding Authority, that a bona fide clerical error was made during the preparation of the bid. Failure to conclusively demonstrate a bona fide clerical error may result in forfeiture of the bid deposit.

6.3 In the event of a general bid withdrawal after opening of bids, the Awarding Authority shall consider the bid from next lowest eligible and responsible bidder.

6.4 Sub-bid Withdrawal/Substitution

6.4.1 Selection - Should a filed sub-bidder listed on the Form for General Bid of the selected General

Contractor (per Article 7 of these instructions) withdraw its bid, be unable to provide performance and payment bonds as required by the selected General Contractor, or otherwise refuse to sign a subcontract with the selected General Contractor, the Awarding Authority and the selected General Contractor shall consider the other sub-bids to which the Awarding Authority and the selected General Contractor make no objection and substitute a new sub-bidder for such trade.

6.4.2 Process: If the selected General Contractor:

.1 required bonds (on the Form for General Bid) for the sub-bidder who withdrew then the selected General Contractor’s contract amount shall be adjusted to account for:

.1 the difference between the amount of the sub-bid listed on the Form for General Bid and the amount of the replacement sub-bid, and .2 the incremental difference in the cost of the General Contractor bonds premiums, but

.3 there will be no compensation for additional subcontractor bond premiums .2 did not require bonds (on the Form for General Bid) for the sub-bidder who withdrew and now the selected General Contractor wants bonds from the replacement sub-bidder, then the selected General Contractor’s contract amount shall be adjusted:

.1 to account for the difference between the amount of the sub-bid listed on the Form for General Bid and the amount of the replacement sub-bid, .2 the amount for the new sub-bidder’s performance and payment bonds, and .3 the incremental difference in the cost of the General Contractor bond premiums.

6.4.3 There shall be no adjustment to the selected General Contractor’s contract amount except as set forth in 6.4.2.1 and 6.4.2.2. Additional overhead and profit is not allowed on the incremental difference in the sub-bids or on the costs for the additional bond premiums.

ARTICLE 7 - CONTRACT AWARD

7.1 Award means both the determination and selection of the lowest, responsible and eligible bidder, by the Awarding Authority.

7.2 The Awarding Authority will award the contract to the lowest responsible and eligible bidder within thirty days, Saturdays, Sundays, and legal holidays excluded after the opening of bids in accordance with M.G.L. c.149 §44A.

7.3 The Contract will be awarded to the lowest responsible and eligible Bidder, 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.

7.4 The award of this Contract is subject to the approval of the Awarding Authority. Contracts without approval shall not be considered valid.

7.5 The Awarding Authority reserves the right to waive any informalities in or to reject any or all Bids if it be in the public interest to do so.

7.6 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 less than three sub-bids are received for a sub-trade, or if bid prices are not reasonable for acceptance without further competition.

7.7 As used herein, the term "lowest responsible and eligible bidder" shall mean the General Bidder whose bid is the lowest of those Bidders demonstrably possessing the skill, ability, and integrity necessary for the faithful performance of the work, and who meets the requirements for Bidders set forth in M.G.L. c.l49 §44A-J and is not debarred from bidding under M.G.L. c.l49 §44C; and who shall certify that they are able to furnish labor that can work in harmony with all other elements of labor employed or to be employed on the work.

ARTICLE 8 - FORMS REQUIRED FOR CONTRACT APPROVAL

8.1 Upon Award, the General Bidder shall complete the following forms to ensure prompt contract validation.

These forms will be provided to the selected General Bidder by the Awarding Authority. Submit (3) originals of each.

8.2 Owner/Contractor Agreement and Form of Corporate Vote.

8.3 Form of Contractor's Equal Employment Certification in accordance with the General Conditions.

Form of Sub-Contractor's Equal Employment Certification in accordance with the General Conditions.

8.4.1 Form of Performance Bond and Form of Payment Bond must be submitted by the General Contractor on the Awarding Authority's form, in accordance with the General Conditions. The dates on the bonds must coincide with the contract date, and a current Power-of-Attorney must be attached to each bond.

8.4.2 Performance and Payment Bonds must also be submitted for all filed subcontractors, if required by the General Bidder on its Form for General Bid, in the total amount of the subcontract payable to the General Contractor.

8.5.1 Insurance Certificates for the General Contractor and all filed subcontractors are required and must be submitted in accordance with the General Conditions.

8.5.2 General Contractors must indicate on special perils insurance or installation floater if stored materials are covered.

8.6 Form of Subcontract for all filed subcontractors - executed and submitted on the statutory subcontract form.

8.7 Statement of Management on Internal Accounting Controls and a Statement prepared by a CPA expressing an opinion to the state of Management Controls, as required by M.G.L. c.30 §39R. This applies to the General Contractor only.

ARTICLE 9 - CONTRACT VALIDATION

9.1 The Owner-Contractor Agreement shall not be valid until signed by Awarding Authority.

9.2 The Notice to Proceed for construction shall not be issued until the Owner/Contractor Agreement has been validated by the Awarding Authority.

9.3 Incomplete or unacceptable submissions of forms required by paragraphs 8.2 - 8.7 will delay the validation of the Owner/Contractor Agreement by the Awarding Authority.

END OF SECTION

Tutorial #1 eBidding REGISTRATION

INSTRUCTIONS

Below are the step by step instructions on how to register to use BidDocs ONLINE eBidding. There is no cost to register. Start by going to www.biddocsonline.com

STEP 1: Click on the “eBidding Login” tab at the top of the page.

STEP 2: If your company has not previously registered, click on the text “Click Here To Register”.

STEP 3: If your company has previously registered, login by entering the registered email address and password and then click the “Login” button.

Note: Your company will have only one registration and must use the same password.

STEP 3: All fields must be completed in the registration form.

STEP 4: After completing the registration form, you must read and acknowledge the Terms and Conditions. Click the “Submit” button.

STEP 5: Enter the email and password previously created during the registration process and click “Login”.

STEP 6: After logging in, the account authorization screen will appear. You must click “Print Form” to proceed to Step 7.

STEP 7: Print and notarize the form (sign in blue ink). Return the original “Electronic Bidder Signature Authorization Form” to BidDocs ONLINE Inc.

The mailing address is:

BidDocs ONLINE Inc.

P.O. Box 51 61 Skyfields Drive (for overnight) Groton, MA 01450

Your company is responsible for ensuring that BidDocs ONLINE receives the signed Electronic Bidder Signature Authorization Form a minimum of three (3) business days prior to the bid date. BidDocs ONLINE will notify you by email that your form has been received and processed. A unique bar code will identify your bid paperwork.

Note: The registration form will remain “active” until such time that your company requests a change in the person signing the form, the company address or other pertinent company information. Your company is responsible for printing and resubmitting an updated form as required.

STEP 8: While the Electronic Bidder Signature Authorization Form is being processed, you may commence completing the common forms (DCAM Eligibility and Sections 1-4 of the DCAM Update Statement) that are required for MGL c. 149 bids. (See Tutorial #2 -eBidding Common Forms Instructions)

Please note that you are responsible for completing the associated forms for each sub-trade and/or general bid as applicable.

Summary: THIS PROJECT IS BEING ELECTRONICALLY BID AND HARD COPY BIDS WILL NOT BE ACCEPTED BY THE AWARDING AUTHORITY. You must submit your bid electronically at www.biddocsonline.com. At any time during the bidding process, you may print the various bid documents for your company’s records. Additional instructions to complete the other bid forms are accessible on the BidDocs ONLINE website (click on the “Tutorial” tab at the bottom footer).

eBidding 2012 Form For General Bid

FORM FOR GENERAL BID

TO THE AWARDING AUTHORITY

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

PROJECT

in , Massachusetts, in accordance with the accompanying plans and specifications prepared by

Name of Engineer/Architect

For the contract price specified below, subject to additions and deductions according to the terms of the specifications.

B. This bid includes addenda numbered:

C. The proposed contract price is:

Dollars $ Bid Amount in Words Bid Amount in Numbers

For Alternate No. Add $ Subtract $ No. $ $

No. $ $

No. $ $

No. $ $

Each Alternate shall be listed separately

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

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

TOTAL OF ITEM 1 .................................................... $

ITEM 2. Sub-bids as follows:

Sub-trade Name of Filed Sub-bidder Sub-bid Amount Bond Required Yes No

TOTAL OF ITEM 2 ........................................... $

eBidding 2012 Form For General Bid

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

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

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

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

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

NAME OF BIDDER

SIGNATURE AND TITLE OF PERSON SIGNING BID

Date:

BUSINESS ADDRESS

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)].

http://www.mass.gov/dcam

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 places).

Division of Capital Asset Management Page 6 of 10

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

PREVIOUS PAGE.

PROJECT TITLE COMPANY NAME CONTACT PERSON TELEPHONE

OWNER: Owner 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 7 of 10

PART 3 - PROJECT PERFORMANCE

For Parts 3 and 4, if you answer YES to any question, please provide on a separate page a complete explanation. Information you provide herein must supplement the 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 for

Prime/General Certificate of Eligibility. Include all details [project name(s) and location(s), names of all parties involved, relevant dates, etc.].

YES NO

1. Has your firm been terminated on any contract prior to completing a project or has any officer, partner or principal of your firm been an officer, partner or principal of another firm that was terminated or failed to complete a project?

2. Has your firm failed or refused either to perform or complete any of its work under any contract prior to substantial completion?

3. Has your firm failed or refused to complete any punch list work under any contract?

4. Has your firm filed for bankruptcy, or has any officer, principal or individual with a financial interest in your current firm been an officer, principal or individual with a financial interest in another firm that filed for bankruptcy?

5. Has your surety taken over or been asked to complete any of your work under any contract?

6. Has a payment or performance bond been invoked against your current firm, or has any officer, principal or individual with a financial interest in your current firm been an officer, principal or individual with a financial interest in another firm that had a payment or performance bond invoked?

7. Has your surety made payment to a materials supplier or other party under your payment bond on any contract?

8. Has any subcontractor filed a demand for direct payment with an awarding authority for a public project on any of your contracts?

9. Have any of your subcontractors or suppliers filed litigation to enforce a mechanic’s lien against property in connection with work performed or materials supplied under any of your contracts?

10. Have there been any deaths of an employee or others occurring in connection with any of your projects?

11. Has any employee or other person suffered an injury in connection with any of your projects resulting in their inability to return to work for a period in excess of one year?

Division of Capital Asset Management Page 8 of 10

PART 4 - Legal or Administrative Proceedings; Compliance with Laws

Please answer the following questions. Information must supplement all judicial and administrative proceedings involving bidder’s firm, which were instituted or concluded

(adversely or otherwise) since your firm’s Application for your most recently issued (not extended or amended) Certificate of Eligibility. You must report all requested information not previously reported on that DCAM Application for Prime/General Certificate of

Eligibility.

The term “administrative proceeding” as used in this Prime/General Contractor

Update Statement includes (i) any action taken or proceeding brought by a governmental agency, department or officer to enforce any law, regulation, code, legal, or contractual requirement, except for those brought in state or federal courts, or

(ii) any action taken by a governmental agency, department or officer imposing penalties, fines or other sanctions for failure to comply with any such legal or contractual requirement.

The term “anyone with a financial interest in your firm” as used in this Section “I”, shall mean any person and/or entity with a 5% or greater ownership interest in the applicant’s firm.

If you answer YES to any question, on a separate page provide a complete explanation of each proceeding or action and any judgment, decision, fine or other sanction or result. Include all details (name of court or administrative agency, title of case or proceeding, case number, date action was commenced, date judgment or decision was entered, fines or penalties imposed, etc.).

YES NO

1. Have any civil, judicial or administrative proceedings involving your firm or a principal or officer or anyone with a financial interest in your firm been brought, concluded, or settled relating to the procurement or performance of any construction contract, including but not limited to actions to obtain payment brought by subcontractors, suppliers or others?

2. Have any criminal proceedings involving your firm or a principal or officer or anyone with a financial interest in your firm been brought, concluded, or settled relating to the procurement or performance of any construction contract including, but not limited to, any of the following offenses: fraud, graft, embezzlement, forgery, bribery, falsification or destruction of records, or receipt of stolen property?

3. Have any judicial or administrative proceedings involving your firm or a principal or officer or anyone with a financial interest in your firm been brought, concluded, or settled relating to a violation of any state’s or federal procurement laws arising out of the submission of bids or proposals?

4. Have any judicial or administrative proceedings involving your firm or a principal or settled relating to a violation of M.G.L. Chapter 268A, the State Ethics Law?

Division of Capital Asset Management Page 9 of 10

PART 4 - Legal or Administrative Proceedings; Compliance with Laws (continued)

YES NO

5. Have any judicial or administrative proceedings involving your firm or a principal or officer or anyone with a financial interest in your firm been brought, concluded, or settled relating to a violation of any state or federal law regulating hours of labor, unemployment compensation, minimum wages, prevailing wages, overtime pay, equal pay, child labor or worker’s compensation?

6. Have any judicial or administrative proceedings involving your firm or a principal or settled relating to a violation of any state or federal law prohibiting discrimination in employment?

7. Have any judicial or administrative proceedings involving your firm or a principal or settled relating to a claim of repeated or aggravated violation of any state or federal law regulating labor relations?

8. Have any proceedings by a municipal, state, or federal agency been brought, concluded, or settled relating to decertification, debarment, or suspension of your firm or any principal or officer or anyone with a financial interest in your firm from public contracting?

9. Have any judicial or administrative proceedings involving your firm or a principal or officer or anyone with a financial interest in your firm been brought, concluded, or settled relating to a violation of state or federal law regulating the environment?

10. Has your firm been fined by OSHA or any other state or federal agency for violations of any laws or regulations related to occupational health or safety? Note:

this information may be obtained from OSHA’s Web Site at www.osha.gov

11. Has your firm been sanctioned for failure to achieve DBE/MBE/WBE goals, workforce goals, or failure to file certified payrolls on any public projects?

12. Other than previously reported in the above paragraphs of this Section I, have any administrative proceedings or investigations involving your firm or a principal or officer or anyone with a financial interest in your firm been brought, concluded, or settled by any local, state or federal agency relating to the procurement or performance of any construction contract?

13. Are there any other issues that you are aware which may affect your firm’s responsibility and integrity as a building contractor?

Division of Capital Asset Management Page 10 of 10

PART 5 - SUPERVISORY PERSONNEL

List all supervisory personnel, such as project managers and superintendents, who will be assigned to the project if your firm is awarded the contract. Attach the resume of each person listed below.

NAME TITLE OR FUNCTION

PART 6 - CHANGES IN BUSINESS ORGANIZATION OR FINANCIAL CONDITION

Have there been any changes in your firm’s business organization, financial condition or bonding capacity since the date your current Certificate of Eligibility was issued? Yes No

If YES, attach a separate page providing complete details.

PART 7 – LIST OF COMPLETED CONSTRUCTION PROJECTS SUBMITTED TO

THE DIVISION OF CAPITAL ASSET MANAGEMENT.

Attach here a copy of the list of completed construction projects which was submitted with your firm’s DCAM Application for your most recently issued

(not extended or amended) DCAM Certificate of Eligibility. The Attachment must include a complete copy of the entire Section G – “Completed Projects” and the final page – “Certification” (Section J) containing the signature and date that the Completed Projects list (Section G) was submitted to the

Division of Capital Asset Management.

General Conditions Section 00 72 00

Shutesbury Elementary School HVAC Controls Upgrade 00 72 00-1 Hesnor Engineering Associates, PLLC

April 20, 2022 Project No. M-SES01

Shutesbury Select Board

CONTRACT & GENERAL CONDITIONS

Date: [date]

This contract is entered into on, or as of, this date by and between the Town of Shutesbury

Select Board [“TSS”] and

[Contractor]

[Address]

[Telephone #]

1. This is a contract for the procurement of the following: HVAC Control Upgrades, Shutesbury Elementary School

2. The contract price to be paid to the…