Vinal Elem Draft Project Manual.pdf

VINAL ELEMENTARY SCHOOL ROOFTOP UNIT REPLACEMENT

NORWELL, MA

September 21, 2022

PREPARED BY:

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TOWN OF NORWELL

REQUEST FOR BIDS

NORWELL VINAL ELEMENTARY SCHOOL UNIT REPLACEMENT

The Norwell Public Schools will receive General Bids at the School Department, 322 Main Street, Norwell, MA 02061 no later than until 12:00 PM, October 26, 2022.

All bids shall be contained in a sealed envelope and shall be addressed to the John Maurice and shall be clearly marked: Vinal Elementary School Rooftop Unit Replacement with your company’s name and address.

A pre-bid walk-through is scheduled for October 12, 2022 at 9:00 AM at the Vinal Elementary School, 102 Old Oaken Bucket Road, Norwell MA 02061.

Project Estimate - $185,500 General Contractor shall be DCAMM Certified in the Category of HVAC.

The Norwell Public Schools reserves the right to reject any and all bids, to waive any informality in the bidding process, and to make the award in the best interest of the Town.

TABLE OF CONTENTS

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TABLE OF CONTENTS No. of Pages

PART A

GENERAL DOCUMENTS

000102 Request for Bids Advertisement 000110 Table of Contents and List of Contract Drawings

BIDDING DOCUMENTS

Invitation for Bids General Bid form DCAMM Update Statement

CONDITIONS OF THE CONTRACT

AIA201 General Conditions Supplemental General Conditions 007336 Labor Requirements Prevailing Wage Rates Weekly Payroll Records Report & Statement of Compliance

PART B

TECHNICAL SPECIFICATIONS

DIVISION 01 - GENERAL REQUIREMENTS

010400 Project Coordination 011100 Summary of Work 013300 Submittals 015000 Temporary Facilities and Controls 016000 Material and Equipment 017329 Cutting and Patching 017418 Demolition 017700 Contract Closeout

DIVISON 07 – THERMAL AND MOISTURE PROTECTION

078413 Penetration Firestopping

DIVISION 23 - MECHANICAL

230000 HVAC

LIST OF CONTRACT DRAWINGS

T1.0 TITLE SHEET

M1.0 HVAC ROOF PLAN

M2.0 HVAC CONTROL DIAGRAMS

E0.1 ELECTRICAL SYMBOL LIST AND SPECIFICATIONS

P1.0 ROOF PLAN - PLUMBING

INVITATION FOR BIDS

INVITATION FOR BIDS

GENERAL BIDS DUE: October 26, 2022

1. Instruction to Bidders

The Norwell Public Schools will receive General Bids at the School Department, 322 Main Street, Norwell, MA 02061 no later than 12:00 PM, October 26, 2022.

All bids shall be contained in a sealed envelope and shall be addressed to the John Maurice and shall be clearly marked: Vinal School Rooftop Unit Replacement with your company’s name and address.

A pre-bid walk-through is scheduled for October 12, 2022 at 9:00AM at the Vinal Elementary School School, 102 Old Oaken Bucket Road, Norwell MA 02061.

The Norwell Public Schools reserves the right to reject any and all bids, to waive any informality in the bidding process, and to make the award in the best interest of the Town.

2. General Information and Bid Submission Requirements

2.1. Delivery of Bids

Bids will be received at the time and place set forth in the Instruction to Bidders. Bids received prior to the time established for the receipt of bids will remain sealed and shall be securely kept by an officer whose duty will be to receive and open all bids. At the established time bids shall be publicly open and read aloud. No responsibility will be attached to the officer for premature opening of a bid not properly addressed and identified.

If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed as specified.

The Town requires the following information to appear on the upper left-hand corner of the sealed bid envelope: Vinal Elementary School Rooftop Unit Replacement.

No bid received after the time established for the opening of bids will be considered, regardless of the cause for the delay in the receipt of any such bid. Bidders are cautioned to allow ample time for transmittal of bids by mail or otherwise. Bidders should secure correct information relative to probable time of arrival and distribution of mail. Make due allowance for possible delays in the receipts of bids.

Electronic bids will not be considered.

2.2. Questions

No oral interpretations will be made to any bidders as to the meaning of the specifications. Every request for such an interpretation shall be made in writing by a bidder and sent to GGD Consulting Engineers, Inc., 375 Faunce Corner Road, Suite D, Dartmouth, MA 02747, by fax at

(508) 998-0883, or by email at jessica_fortin@g-g-d.com. General Bidder questions must be submitted by close of business on October 19, 2022.

Written responses will be emailed to all bidders on record as having received the Bid Documents.

Every interpretation made to a bidder will be sent as promptly as is practicable to all persons to whom the specifications have been issued. All such addenda shall become a part of the contract documents. Failure to send, or of any bidder to receive, any such interpretation shall not relieve any bidder from any obligation under this bid as submitted.

mailto:jessica_fortin@g-g-d.com

INVITATION FOR BIDS

2.3. Bid Opening

If at the time of the scheduled bid opening, the Norwell Public Schools is closed due to uncontrolled events such as fire, snow, ice, wind, or building evacuation, the bid opening will be postponed until 12:00PM on the next business day. Bids will be accepted until that date and time.

2.4. Modifying or Withdrawing A Bid

A bidder may correct, modify, or withdraw a bid by written notice received by the Town prior to the time and date set for the bid opening. Bid modification must be submitted in a sealed envelope clearly labeled “Vinal School Rooftop Unit Replacement”. Each modification must be numbered in sequence and must reference the original Bid number.

After the bid opening, a bidder may not change any provision of the bid in a manner prejudicial to the interest of the Town or fair competition. Minor informalities will be waived or the bidder will be allowed to correct them. If a mistake and the intended bid are clearly evident on the face of the bid document, the mistake will be corrected to reflect the intended correct bid, and the bidder will be notified in writing; the bidder may not withdraw the bid. A bidder may withdraw a bid if a mistake is clearly evident on the face of the bid document, but the intended correct bid is not similarly evident.

2.5 Unexpected Closures:

If, at the time of the scheduled receipt deadline, the Norwell Public Schools, 322 Main Street, Norwell, MA 02061 is closed due to uncontrolled events such as fire, snow, ice, wind, building evacuation, etc. the receipt of proposals will be postponed to the next normal business day at the time posted in the Request for Bids. Bids will be accepted until that date and time.

2.6. Bid Documents Required for Submittal

All bids shall be submitted on the prescribed form and shall be subject to all requirements stipulated in the specifications. All blank spaces for bid prices should be filled in, in both words and figures. In the event that there is a discrepancy between the prices written in words and figures, the price written in words will govern. Erasures or other changes to bid forms must be explained or noted over the signature of the bidder.

Bidders are required to submit one copy of the bid.

The bid must include a Statement of Tax Compliance, and Bid Form be signed as follows: (1) if the bidder is an individual, by him/her personally; (2) if the bidder is a partnership, by the name of the partnership, followed by the signature of each general partner; and (3) if the bidder is a corporation, by the authorized officer, whose signature must be attested to by the Clerk/Secretary of the corporation and the corporate seal affixed.

The bid must include a 5% bid deposit in the form of a bid bond, or certified check, or cashier’s check issued by a responsible bank or trust company, payable to the Norwell Public Schools. A bid bond shall be (a) in the form satisfactory to the Town, (b) with a surety company qualified to do business in the Commonwealth and satisfactory to the Town, and (c) conditioned upon the faithful performance by the principal of the agreements contained in the bid. The amount of the bid deposit shall be at least equal to 5% of the total amount of the bid.

The general bid must include a valid Certificate of Eligibility and an Update Statement from the Division of Capital Asset Management (DCAM) in the category of HVAC or Mechanical Systems Prime. HVAC Contractor and General Contractor are one and the same.

INVITATION FOR BIDS

2.7. Payment Bond

Within 10 days of the notification of the contract award, the bidder must obtain a 100% payment bond. A payment bond shall be (a) in the form satisfactory to the Town, (b) with a surety company qualified to do business in the Commonwealth and satisfactory to the Town, and (c) conditioned upon the faithful performance by the principal of the agreements contained in the contract. The amount of the payment bond shall be at least equal to 100% of the total amount of the contract.

2.8. Performance Bond

Within 10 days of the notification of the contract award, the bidder must obtain a 100% performance bond. A performance bond shall be (a) in the form satisfactory to the Town, (b) with a surety company qualified to do business in the Commonwealth and satisfactory to the Town, and (c) conditioned upon the faithful performance by the principal of the agreements contained in the contract. The amount of the performance bond shall be at least equal to 100% of the total amount of the contract. Performance bond shall remain in effect for a period of one (1) year or until the final report has been reviewed and accepted by the Norwell Public Schools.

2.9. Comprehensive General Liability Insurance

The contractor shall obtain and maintain Public Liability Insurance with an insurance company licensed to do business in Massachusetts and satisfactory to the Norwell Public Schools so as to save the Town harmless from any and all claims for damages arising out of bodily injury or destruction of property caused by accident resulting from the use of implements, equipment, or labor used in the performance of the contract or from any neglect, default, or omission or want of proper care, or misconduct on the part of the contractor or for anyone in his employ during the execution of the work. The contractor shall file Certificates of Insurance acceptable to the Town prior to commencement of the Work. Each policy shall contain a provision that the policy will not be canceled or allowed to expire until at least 30 days’ prior written notice has been given to the Owner. The contractor shall cause the liability coverage required by the Contract to include: (1) the Town as additional insureds for claims caused in whole or in part by the contractor’s negligent acts or omissions during the contractor’s operations; and (2) the Town as an additional insured for claims caused in whole or in part by the contractor’s negligent acts or omissions during the contractor’s completed operations.

The contractor shall obtain the following minimum coverage amounts:

Liability for bodily injury, including accidental death: $1,000,000 for any one person and subject to the same limit for each person: $1,000,000 on account of one accident.

Liability for property damage: $1,000,000 on account of any one accident and $1,000,000 on account of all accidents.

INVITATION FOR BIDS

Automobile Liability Insurance: Procure and maintain during the life of this Contract Comprehensive Automobile Liability Insurance, including all owned, non-owned, and hired automobiles, covering bodily injury, including accidental death, with limits of $1,000,000 per person, $1,000,000 per occurrence and property damage insurance with limits of $1,000,000 per occurrence.

Prior to the effective date of any cancellation of the required policies, the contractor shall obtain new insurance to cover the policies so canceled and shall provide certificates stating that such insurance is in effect.

The Contractor agrees to save, defend, indemnify and hold harmless the Norwell Public Schools against any and all suits, claims or liabilities of any name, nature or description arising out of or in consequence of the acts or omissions of its agents, servants or employees in the performance of the obligations under this contract or by reason of its failure to fully comply with the terms of this contract, such indemnity to run to the Town officers, agents and employees of the Norwell Public Schools.

In claims against any person or entity indemnified under this Section by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under this Section shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or Subcontractor under workers’ compensation acts, disability benefit acts or other employee benefit acts.

2.10 Breach of Contract

In the case of failure on the part of the contractor to execute the work as per agreement, the Committee reserves the right to terminate the contract, satisfying its wants through another contractor, and the Committee may collect from the original contractor any difference in price because of such failure on the part of the original contractor. “Failure” shall be interpreted as meaning willful non-compliance of any item included in the specifications.

This contract may not be terminated for any other reason than that set forth in the above paragraph, unless by mutual consent of both parties to the contract, and then only if a minimum of thirty (30) days’ notice of intent to seek to terminate the contract is given in writing to all parties to the contract.

Exercise of the rights herein specified shall not impair or affect the Town’s right to recover the damages for breach of contract.

2.11 Contractual Liability

Failure to perform when such failure is due to an act of God, public enemy, fire, strikes, labor difficulties, transportation embargoes, or other similar causes beyond the control of the contractor, shall be good and sufficient reason for excuse from contractual liability.

2.12 Good Faith, Fraud, and Collusion

The bidder hereby certifies that no officer, agent or employee of the Norwell Public Schools has a special interest in the IFB; that the proposer is competing solely on their own behalf without connection with, or obligation to, any undisclosed person or firm; that this bid is made in good faith without fraud, collusion or connection of any kind with any other bidder for the same work (See Non-Collusion Form). The Form must be executed and returned with the proposal.

INVITATION FOR BIDS

2.13 Acknowledgment of ADA and Section 504

The Town acknowledges the existence of the Americans with Disabilities Act (ADA) of 1990, & Section504 of the Rehabilitation Act of 1973. The rights guaranteed within these Acts shall apply to this contract.

2.14 Payment Schedule

The contractor may submit a bill for services thus far once the units have been delivered and placed in the area where they are supposed to be installed. Final payment will not be released until full satisfactory completion of the project and all contract terms and obligations are met.

2.15. Liability

Town's Liability: The Town's liability under this Contract shall be limited to the payments due thereunder. In no event shall the Town be liable for any additional amounts, including without limitation, any indirect, special or consequential damages.

Protection Against Liability: The Contractor acknowledges and agrees that he is responsible as an independent Contractor for all operations under this Contract and for all acts of employees and agents thereunder, and agrees that he will indemnify, exonerate and hold harmless the Town and its officers, boards, employees, agents and officials, from and against any and all loss, damage, cost, charge, expense and claim, which may be made against it or them or to which it or they may be subject by reason of any alleged act, action, neglect, omission or default on the part of the Contractor or any of their agents or employees and will pay promptly on demand all costs and expenses of the investigation and defense thereof, including attorneys' fees and expenses. If any such claim is made, the Town may retain out of any payments, then thereafter due to the Contractor, a sufficient amount to protect it completely against such claim, costs and expenses.

2.16 Licensing

The contractor shall possess and comply with all required and necessary licenses as may be specified by Federal, State and/or Local authorities, related to the delivery of services referred to in this RFP.

2.17 Insurance Coverage

Within (5) days after award of this contract, and prior to the commencement of any work activity, the contractor shall deposit certificates from insurers clearly stating that the insurance policies required in the following paragraphs have been issued to the contractor. The certificate must be in a form satisfactory to the Town. Liability policies shall name the Norwell Public Schools as an additional insured.

2.18 Worker’s Compensation

The contractor shall, before commencing the contract, provide by insurance for the payment of compensation, professional liability, and the furnishing of other benefits under Chapter 152 of the General Laws to all persons employed under the contract, and shall continue such insurance in force and effect during the term thereof. Statutory limits shall apply.

2.19. Prevailing Wage Laws

The bidder must comply with Massachusetts Prevailing Wage Laws.

INVITATION FOR BIDS

2.20. Miscellaneous

The Norwell Public Schools, Massachusetts is an exempt purchaser under the Sales Act, Chapter 14 of the Acts of 1966 to the extent that materials and supplies are used or incorporated in this bid. The Town’s tax exempt number is will be provided to the awarded contractor a certificate will be provided upon the signing of the contract.

2.21. DCAM Certification

The general bidder must be certified by the Massachusetts Division of Capital Asset Management and Maintenance (DCAMM) in the category of HVAC. The bid documents provided by the bidder must include a valid Certificate of Eligibility and an Update Statement from the Division of Capital Asset Management and Maintenance (DCAMM) in the category of HVAC or Mechanical Systems Prime.

3. Specifications

3.1 Project Description

Project consisting of the following:

a. Removal and replacement in kind of one American Standard rooftop unit serving the

Library at the Vinal Elementary School and associated power wiring and gas connections.

3.2 Workmanship

All work must be completed by an HVAC contractor licensed to conduct business in Massachusetts. Skilled and Licensed craftsmen, shall perform the work as indicated on the Drawings and Specifications.

All work shall be performed to the satisfaction of the Town and the Town’s decisions on workmanship shall be final.

3.3. Site Conditions and Requirements

Personal vehicle parking is permitted in the parking lot, but not adjacent to the building as this is reserved for building users. Work may take place Monday - Friday between 7 am to 5:30 pm. At the sole discretion of the Town, Saturday and Sunday work may be possible if pre-arranged.

When conditions warrant, cover building contents All trash and debris shall be removed from the building at the end of each work day.

The Staff is not responsible for tools or equipment left on site.

3.4. Drawings

This contract includes the attached drawings and project manual with specifications, refer to table of contents for complete list of sections and drawings. Work performed should follow as described in the attached specifications.

INVITATION FOR BIDS

4. Minimum Criteria

4.1. Bidders must have been in the business of HVAC contracting for a minimum of five years.

4.2. Bidder must supply references for all projects of similar size and scope as this project during the past three years. The references should include the name of the project, description, address, contact person, and phone number.

4.3. Bidder must complete, sign, and include the General Bid Form, DCAMM Certificate of eligibility and DCAMM Update Statement.

4.4. Bidder must include 5% bid bond.

4.5. OSHA CERTIFICATION: In accordance with M.G.L.c. 30, Section 39S and c. 149, Section 44E, bidders shall include with their bids a certificate indicating 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.

5. Rule for Award

5.1. The contract will be awarded to the responsible and eligible bidder offering the lowest total price for the project.

5.2. No award will be made to any bidder who cannot satisfy the Town that the bidder has sufficient ability and experience in this work and sufficient resources to enable the bidder to complete the work successfully within the time allowed. The Town’s decision or judgment on these matters will be final, conclusive and binding.

5.3. The Town may make such investigations as the Town deems necessary and the bidder shall furnish to the Town all such information and data for this purpose as the Town may request.

5.4. The contract will be awarded within three business days after the bid opening unless the time for the award is extended by mutual consent of the parties. Contractor’s bids shall be valid for thirty days.

6. Town’s Right To Reject Bids

6.1. The Awarding Authority reserves the right to reject any or all bids, if it is in the public interest to do so.

6.2. The Town may consider informal any bid not prepared and submitted in accordance with the provisions hereof and may waive any informality or reject any and all bids, should the Town deem it to be in the public interest.

6.3. The Town may also reject bids which in its sole judgment are incomplete, conditional, obscure, or not responsive or which contain additional not called for erasures not properly initialed, alterations or similar irregularities, or the Town may waive such omissions, conditions or irregularities, if considered minor.

7. Additional Contract Terms and Conditions

This bid is being conducted according with Massachusetts General Laws, Chapter 149, Sections 44A–M and all acts in amendment of or supplementary to said Chapter are a part of this contract and are incorporated herein as fully as if here set forth.

INVITATION FOR BIDS

Prior to any worker reporting to the Project site, a CORI background check must be performed on such worker or workers.

9. Liquidated Damages:

Liquidated Damages: Parties agree to the liquidated damages as specified in this paragraph as part of this agreement irrespective any other concerns. If the Work on site is not substantially complete within the time specified, it shall be understood and agreed that the Contractor shall pay the Owner, not as a penalty but as liquidated damages, the following sum for each calendar day after and including the day of Substantial Completion for the site, as further provided in the Contract Documents.

1. Amount for Liquidated Damages: $1,500 per day

INVITATION FOR BIDS

STATEMENT OF STATE TAX COMPLIANCE

Pursuant to MGL Chapter 62C, S. 49A, as amended, I

NAME & TITLE

authorized signatory for

CONTRACTING PARTY

whose principal place of business is at

ADDRESS

do hereby certify under the pains and penalties of perjury that has complied with all laws of

CONTRACTING PARTY

the Commonwealth relating to taxes, reporting of employees and contractors, and withholding and remitting child support.

CONTRACTING PARTY’S SOCIAL

SECURITY OR FEDERAL I.D. NUMBER:

AUTHORIZED SIGNATURE

DATE

FORM OF GENERAL BID

FORM FOR GENERAL BID

To Norwell Public Schools 322 Main Street Norwell, MA 02061

A. The Undersigned proposes to furnish all labor and materials required for Vinal Elementary School Rooftop Unit Replacement in Norwell, Massachusetts, in accordance with the accompanying plans and specifications prepared by GGD Consulting Engineers, Inc. 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 ($________).

For alternate No.__________ Add $__________; Subtract __________

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:

Item 2. Sub-bids as follows:

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

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

The undersigned agrees that each of the above named sub-bidders will be used for the work indicated at the amount stated, unless a substitution is made. The undersigned further agrees to pay the premiums for the performance and payment bonds furnished by sub-bidders as requested herein and that all of the cost of all such premiums is included in the amount set forth in Item 1 of this bid.

The undersigned agrees that if he is 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

FORM OF GENERAL BID

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 any natural person, joint venture, partnership, corporation or other business or legal entity. The undersigned further certifies under penalty of perjury that the said undersigned is not presently debarred from doing public construction work in the commonwealth under the provisions of section twenty-nine F of chapter twenty-nine, or any other applicable debarment provisions of any other chapter of the General Laws or any rule or regulation promulgated thereunder.

Date ____________________

(Name of General Bidder)

By ________________________________ (Name of Person Signing Bid and Title)

(Business Address)

(City and State)

FORM OF BID BOND

FORM OF BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we the undersigned,____________________________, as

PRINCIPAL, and , as SURETY, are held and firmly bound unto the Town of Norwell in the penal sum of Dollars, lawful money of the United

States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents:

THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying bid, dated ________________, for __________________________________________.

NOW, THEREFORE, if the Principal shall not withdraw said bid within the period specified therein after the opening of the same, or, if no period be specified, within sixty (60) days after said opening, and shall within the period specified therefore enter into a written contract with the Owner in accordance with the bid as accepted, and give bond with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such contract; or in the event of the withdrawal of said bid within the period specified, or the failure to enter into such contract and give such bond within the time specified, if the

Principal shall pay the Owner the difference between the amount specified in said bid and the amount for which the Owner may procure the required work or supplies or both, if the latter amount be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue.

IN WITNESS WHEREOF, the above-bounded parties have executed this instrument under their several seals this day of ________________, ___ , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

In presence of

(Individual Principal)

(Address) (Business Address

(Individual Principal)

(Address) (Business Address)

FORM OF BID BOND

Attest:

(Corporate Principal)

(Business Address)

Attest:

__________________________________ By________________________________________ (Affix Corporation Seal)

Title______________________________________

(Corporate Surety)

(Business Address)

(Affix Corporation Seal)

(Print or type the names underneath all signatures.)

(Power-of-attorney for person signing for surety company must be attached to bond.)

FORM OF BID BOND

CERTIFICATE AS TO CORPORATE PRINCIPAL

I, ________________________, certify that I am the _____________________________ Secretary of the corporation named as Principal in the within bond; that __________________________, who signed the said bond on behalf of the Principal was then of said corporation; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed, and attested to for and in behalf of said corporation by authority of its governing body.

(Corporate Seal)

(Print or type the names underneath all signatures)

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

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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.

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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. _ _

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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).

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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. _ _

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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?

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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?

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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?

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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.

SUPPLEMENTARY GENERAL CONDITIONS

SUPPLEMENTARY GENERAL CONDITIONS

Items contained in theses supplementary conditions are in addition to or complimentary to the general conditions, contract drawings and or project specifications. The contractor is responsible for provision of the greater quality or quantity as provided within any of the contract documents as required to complete his work scope.

Any reference to general contractor, HVAC contractor, or contractor are meant to be one and the same and by reference means the contractor performing the work of this contract.

The General Contractor shall be responsible for coordination of all work and the various trades as required for complete performance of all work as specified.

Direct all bid questions to the Town facsimile. All questions received at least five (5) days prior to the proposed bid date will be answered…