instbidMSBA Accelerated Repair Program
RK Finn/Ryan Road and Leeds Elementary Schools
Northampton, Massachusetts
Instructions to Bidders
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SECTION 00 21 13
INSTRUCTIONS TO BIDDERS
PART 1- GENERAL INSTRUCTION AND REQUIREMENTS
1.01 BIDDING DOCUMENTS
A. Instructions to Bidders: This Instructions to Bidders contains important information about
bidding procedures and is intended to provide guidance and assistance to bidders. This Instruction
to Bidders does not change or supersede the provisions of M.G.L. Chapter 149, Section 44A-J or
Chapter 30, Section 39M, or any other sections or provisions of Law or the Contract Documents.
B. Bid Documents will be available for viewing and ordering at www.BidDocsOnline.com .
There is a plan deposit of $75.00 per set (maximum of 2 sets) payable to BidDocs ONLINE.
Deposits must be paid for electronically or by certified or cashier's check. This deposit will be
refunded for up to two sets for 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 $125.00.
Bidders requesting Contract Documents to be mailed to them shall include a separate check for
$40.00 per set for UPS Ground and $65.00 per set for overnight, payable to BidDocs Online Inc.,
to cover mail handling costs.
1.02 BIDDING REQUIREMENTS
A. Site Visit Encouraged But Not Mandatory: Bidders may only visit the site by attending the
pre-bid conference and site walk as referenced in the Invitation to Bid section, to become fully and
completely aware of existing conditions, existing facilities, and the character of the operations to
be carried on under the proposed Contract. Due to state law regarding CORI requirements, no
Bidder will be permitted access at any other time. Any Prospective Bidder who attempts to access
the building without prior approval will be escorted off the property. Each bidder shall fully
understand the facilities, physical conditions, restrictions attending the work under the Contract.
Failure to make such examinations will not relieve the bidder from any obligation under the
bidder's bid or sub-bid as submitted, nor shall it serve as the basis for change orders or equitable
adjustments.
B. Document Examination: Each bidder shall thoroughly examine and become familiar with the
Contract Documents and Bidding Documents. Failure to make such examinations will not relieve
the bidder from any obligation under the bidder's bid as submitted, nor shall it serve as the basis
for change orders or equitable adjustments.
1. Conflicts or Confusion: Prior to bidding, carefully study and compare the Contract
Documents and request clarification in all cases of apparent conflict or confusion. In cases of
conflict or confusion where the Bidder did not request clarification prior to bidding,
interpret the Contract Documents to require the greater quantity, higher quality, most
restrictive, and most expensive of the possible interpretations.
C. Form of Agreement: An example Form of Owner-Contractor Agreement is included in the
bidding documents.
MSBA Accelerated Repair Program
RK Finn/Ryan Road and Leeds Elementary Schools
Northampton, Massachusetts
Instructions to Bidders
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D. Pre-Bid Conference at Site: An open, public pre-bid conference will be convened at the site to
permit bidders to examine the site, examine existing conditions, and to ask questions. The date,
time, and place of the Pre-Bid Conference are specified in the Invitation to Bid.
E. Applicable Laws: All bids are subject to all applicable provisions of law including, without
limitation, M.G.L. Chapter 149, Sections 44A through 44J, and Chapter 30, Section 39M, as
amended.
F. Eligibility of Bidders: In compliance with M.G.L. Chapter 149, Section 440, as amended, every
bid shall be accompanied by a copy of a Certificate of Eligibility [DCAM Form CQ1] issued by the
Division of Capital Asset Management showing that the bidder has the classification and capacity
rating to perform the work required by the Contract. Also, with the bid, provide a current
Contractor's Update Statement on a copy of the Eligibility Update Form [DCAM Form CQ3].
1. The DCAM Classification Rating Required for General Bidders on this Contract is:
Roofing.
2. Obtain Forms from DCAM: Each Bidder shall obtain eligibility and update forms from
DCAM. Allow sufficient and ample time to permit DCAM evaluation applications and
issuance of Certificate of Eligibility.
3. Certificate of Eligibility and Update Statement Forms Are Required from Bidders: The
City of Northampton will use the Certificates of Eligibility and Update Statement Forms to
determine the lowest responsible eligible general bidder. General bids submitted without
Certificate of Eligibility and Update Statement Form shall be invalid. Note: The Update
Statement Form has been updated and is included in this project manual.
4. Public Records and Privacy: Contractor's Update Statement is not a public record as
defined in M.G.L. Chapter 4, Section7, and will not be open to public inspection.
G. Questions, Clarifications, and Interpretations: Bidders shall promptly notify the Architect in
writing of questions, ambiguities, inconsistencies, errors or omissions, which they may discover
upon examination of the Contract Documents, the site and/or local conditions.
1. Written Request Required: Submit written request for clarification and
interpretation to the Architect by e-mail to both graymond@rda-design.com and
jyost@rda-design.com.
2. Time Required: Requests for clarification and interpretations must be received by the
Architect at least five working days (Saturdays, Sundays, and holidays excluded)
prior to the date bids are due.
3. Architect's Response Addenda: The Architect's response will be in the form of
written Addenda, which shall become part of the Contract Documents. Clarifications
and interpretations offered by the City of Northampton, the Architect, or any of the
Architect's consultants in any form other than formal written Addenda shall be invalid. No
Addenda will be issued later than four days prior to the date for receipt of the Bids except
an Addendum which includes postponement for the date of receipt of Bids.
4. Issuance of Addenda: BidDoconline.com will email notification of Addenda to all
“planholders registered for the project on the web-site”. Copies of Addenda will be
available at locations where Contract Documents are filed for public inspection as listed
MSBA Accelerated Repair Program
RK Finn/Ryan Road and Leeds Elementary Schools
Northampton, Massachusetts
Instructions to Bidders
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in the Invitation to Bid and these Instructions to Bidders
5. Addenda Must Be Acknowledged: Bidders shall acknowledge Addenda in the spaces
provided on the bid forms. Failure of a bidder to acknowledge Addenda in the spaces
provided on the bid form may cause rejection of the bid. Failure of a bidder to receive any
addenda shall not relieve it from any obligation under its bid as submitted.
1.03 PREPARATION AND SUBMISSION OF BIDS
Bid shall be submitted on the bid forms provided. No changes shall be made in the phraseology of
the bid or in the item or items mentioned therein. Bids must contain the name and proper address
of the bidder and must be signed. If the Bidder is an individual, he/she should sign personally; if
the bidder is a partnership, the name of the partnership should be followed by the signature of
each general partner; and if the bidder is a corporation, the bid should be signed by the authorized
officer whose signature must be attested to by the clerk/secretary of the corporation and the
corporate seal should be affixed. Bids that are not complete or contain any omissions, erasures,
alterations, or additions, or that contain irregularities of any kind may be rejected as informal.
A. Completion of Bid Forms: Use only the Bid Forms furnished with the bidding documents by the
Awarding Authority. The Architect will not mail additional forms. Complete Bid Forms with
typewriter or hand printed in ink.
B. Alterations Not Permitted: Do not alter bid forms. Do not include any recapitulation of the work
to be done. Do not provide any information not requested. Do not strike out, line out, white out, or
erase any information.
C. Amounts: Express amounts in both words and numbers where space for both is provided. In
cases of conflict, written amounts shall control over numbers.
D. Blanks: Complete all spaces provided. Do not leave any blanks. Print N/C for "No Charge" or
"0" for "zero" in any space not needed or used.
E. Bid Withdrawal: Any bid may be withdrawn by mailed written request, or faxed written request,
prior to date and time for receipt of bids. Withdrawn bids may be resubmitted until date and time for
receipt of bids.
1. Mailed Written Request: Bid withdrawal by mail shall be in writing and shall be
received by the City of Northampton at the address where bids are to be received on or
before the date and time of receipt of bids.
2. Faxed Written Request: Bid withdrawal by fax shall be in writing and shall be received
by the City of Northampton on or before the date and time of receipt of bids.
F. Bid Deposit (Bid Security): A Bid Deposit (Bid Security) is required for each Bid in the amount of
5% of the total bid amount.
1. Forms of Bid Deposits: Forms of bid deposits shall be made payable to the City of
Northampton and shall be in the form of certified check, bank treasurer's, or cashier's
check issued by a responsible bank or trust company, or a bid bond issued by a surety
company licensed to do business in the Commonwealth of Massachusetts. Form of bid
bond must be acceptable to the City of Northampton.
MSBA Accelerated Repair Program
RK Finn/Ryan Road and Leeds Elementary Schools
Northampton, Massachusetts
Instructions to Bidders
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2. Bidder Bid Deposit Return: Bid deposits of General Bidders will be returned within five
working days after bid opening, except bid deposits of the three lowest general bidders
will be retained by the City of Northampton until a Contract is signed.
G. General Bid Submission: Submit bid forms, bid deposit, Certificate of Eligibility, and
Update Statement in a sealed envelope. Clearly and boldly identify envelope with 1) the name of
the project; 2) the name of the Awarding Authority (City of Northampton); 3) the name, business,
address, and business telephone number of the bidder; and 4) the words "ROOFING BID
ENCLOSED." Submit bids at the place, and by the date and time specified in the Invitation to Bid.
1.04 PERFORMANCE AND PAYMENT BONDS
A. Performance and Payment Bonds: The Bidder selected as Contractor shall furnish the
Awarding Authority with a Performance Bond and a Labor and Materials Payment Bond in the full
amount of the Contract Price including add alternates. Bonds shall be issued by a surety company
licensed to do business in the Commonwealth of Massachusetts by the State Division of Insurance.
Bond form shall be as bound in the Project Manual or other form approved by the Awarding
Authority.
1. Changes in Contract Price: Whenever the Contract price is adjusted by Change Order;
the General Contractor shall adjust the amount of both the Performance bond and a
Labor and Materials Payment Bond to the new full amount of the Contract Price. The
cost of this adjustment shall be included in the General Contractor's mark-up on the
Change Order.
B. Bond Cost: All Performance Bonds and Labor and Material Payment Bond costs,
required by the General Bidder shall be included in the Bid Amount and the Contractor shall pay all
premiums for bonds.
C. Additional Bond Documents Required: With each bond provide certified power of
attorney or other certificate of authority where bond is executed by an agent, officer, or
other representative of contractor or surety.
1.05 TAX EXEMPTION
A. Taxes: The Awarding Authority is exempt from payment of Massachusetts sales tax.
Contractor purchases of materials and equipment for the Project are exempt to the extent allowed
by M.G.L. Chapter 64H, Section 6.
B. The City of Northampton’s Sales Tax Exemption Number will be provided to successful bidder.
C. Copies of Receipts Required: In compliance with IRS regulations, the Contractor shall provide
the City of Northampton with copies of all receipts for materials and products used for this Contract
purchased using the City of Northampton’s Tax Exempt Number.
1.06 CONTRACT TIME
A. Contract Time: Time is of the essence in this Contract. Work shall begin upon issuance of
the Notice to Proceed and shall be Substantially Completed within the time periods
indicated in the Contract Documents but no later than Friday, August 14, 2015. See Section
1.14.C below for Liquidated Damages that will apply for Substantial Completion achieved
after August 14, 2015.
MSBA Accelerated Repair Program
RK Finn/Ryan Road and Leeds Elementary Schools
Northampton, Massachusetts
Instructions to Bidders
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1.07 CONTRACT AWARD
A. Bid Opening: Bids will be opened in public and bidders may be present. Bid amounts will be
read aloud, recorded, and referred to the City of Northampton for consideration.
B. Bid Disposition: The bids of the three lowest bids may not be withdrawn for 30 days (Saturdays,
Sundays, and legal holidays excluded) after receipt of general bids.
C. Contract Award: The Contract will be awarded within 30 days after receipt of bids (Saturdays,
Sundays, and legal holidays excluded) to the lowest responsible and eligible bidder, except in the
event of substitution as provided under M.G.L. Chapter 149, Section 44E and 44F, in which cases
the procedure as required by these sections of Law shall govern the award of the Contracts. No
bid shall be considered accepted until the City of Northampton has issued written notice of award
sent by mail or delivered to the address given by the successful bidder on its bid form.
D. Bids May Be Rejected: The City of Northampton reserves the right to waive informalities in any
or all general bids; to reject any or all general bids; to revise the Contract Documents and rebid if it
is in the public interest to do so.
E. Definition of "Lowest Responsible and Eligible Bidder": The "lowest responsible and eligible
bidder" means the Bidder whose bid is the lowest of those bidders who has demonstrated they
possess the skill, ability, and integrity necessary for faithful performance of the work, and who
meet the requirements for the Bidders set forth in M.G.L. Chapter 149, Sections 44A-H, and who
are not debarred from bidding under M.G.L. Chapter 149,Section 44C, and who 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.
1.08 DOCUMENT SUBMISSION CHECKLIST
A. Bid Required Submittals: On or before the date and time for receipt of bids, bidders must submit
the following:
1. Form for Bid
2. Bid Deposit
3. Certificate of Eligibility
4. DCAM Update Statement
5. Affidavit of Compliance and Vote of Authorization
6. Statement of Tax Compliance
1.09 LOCAL FEES
A. Building Permit Fees: Contractor shall be required to obtain all necessary permits. The City of
Northampton will waive all building and permit fees.
B. Inspection Fees: The City of Northampton will waive all inspection fees for building work.
1.10 PRICES
In the event there is a discrepancy between the price written in words and written in figures, the
price written in words shall govern. After the bid opening, a bidder may not change any provisions
of the bid in a manner prejudicial to the interests of the City of Northampton or fair competition.
Minor informalities will be waived or the bidder will be allowed to correct them. If a mistake and the
MSBA Accelerated Repair Program
RK Finn/Ryan Road and Leeds Elementary Schools
Northampton, Massachusetts
Instructions to Bidders
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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.
1.11 INSURANCE REQUIREMENTS
Bidders must provide insurance coverage no less than the amounts shown below:
.1 Workers’ Compensation: Coverage A – Statutory: Coverage $500,000
per issuing Agreement
.2 Commercial General Liability
a.) Workers’ Compensation
b.) Employer’s Liability $1,000,000 Each Accident
$500,000 Disease, Each Employee
$500,000 Disease, Policy Limit
c.) Commercial General Liability Insurance: Written on an occurrence basis,
with general aggregate limit applicable to this Project only:
Each Occurrence Bodily Injury and Broad Form Property Damage
$1,000,000 per Occurrence
Medical Expenses $10,000
Personal and Adv. Injury $1,000,000 per Occurrence
General Aggregate $1,000,000
Products and Completed Operations Aggregate
$3,000,000
d.) Automobile Liability (owned, non-owned, and hired vehicles):
Bodily Injury $1,000,000 per Person
$1,000,000 per Accident
Property Damage $1,000,000 per Accident
Combined Single Limit $1,000,000 per Accident
e.) Umbrella Insurance $2,000,000 each Occurrence
$2,000,000 Aggregate
f.) Additional Terms:
i) General Aggregate must apply solely to the Project;
ii) Products and Completed Operations coverage must continue for three
years beyond the date of Final Payment by the Owner;
iii) The Owner shall be names as loss payee on all policies;
iv) The Contractor shall provide the Owner with thirty (30) days written
notice of cancellation, non-renewal of coverage or material change of
coverage;
.3 Environmental Coverage (contamination, etc.)
$1,000,000 each Occurrence
$3,000,000 Aggregate
The Owner’s Project Manager and Designer shall be named “Additional Insured” on these policies.
1.12 WORKER’S COMPENSATION REQUIREMENTS
Coverage for all employees in accordance with Massachusetts General Laws. All coverages,
except Workers’ Compensation, shall name the City of Northampton as an additional Insured, and
shall provide for 30 days prior written notice to the District of any modification or termination of
coverage. Failure to maintain the required insurance coverage throughout the term of the contract
shall be considered a material breach of the contract.
MSBA Accelerated Repair Program
RK Finn/Ryan Road and Leeds Elementary Schools
Northampton, Massachusetts
Instructions to Bidders
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1.13 WAGE RATES AND STATEMENT OF COMPLIANCE
A. Applicable Laws: All provisions of the Contract Documents shall be subject to all applicable
provisions of law, including, without limitations, the Commonwealth of Massachusetts statutes
relating to prevailing wages, record keeping and reporting.
1. All applicable provisions of law are a part of this Contract.
2. Incorrect citations of statutes in this section shall not relieve the Contractor of its
obligations under law. In case of conflict between the contract documents and
applicable statues, the provisions of law shall govern.
B. Wage Rates: The minimum rates of wages to be paid to mechanics and apprentices, chauffeurs,
teamsters and laborers shall be set forth in the schedule of rates and wages determined by the
Massachusetts Department of Labor and Workforce Development, which scheduled is appended
to this Project Manual and made a part of the Contract, in accordance with and subject to the
provisions of M.G.L. Chapter 149, Section 26 and 27, as amended.
1. The Wage Determination Schedule provided to the Architect and the City of
Northampton by governmental authorities is appended to this section. The Architect and
City of Northampton do not guarantee the accuracy of the schedule, and every bidder
and contractor shall be responsible for ascertaining the prevailing wages in the area
where the work will be performed.
C. Payment Insurance: In accordance with M.G.L. Chapter 149, section 34A, the Contractor shall
before commencing performance of the Contract, provide by insurance for the payment of
compensation and the furnishing of other benefits under chapter 152 to all persons to be employed
under the Contract, and the Contractor shall continue such insurance in full force and effect during
the term of Contract.
1. Sufficient proof of compliance with this section must be furnished at the time of
execution of this Contract.
2. Failure to provide and continue in force such insurance as aforesaid shall be
deemed a material breach of Contact and shall operate as an immediate termination
thereof.
D. Records: Every Contractor and subcontractor working under the terms of any contract for the
construction on this project shall file weekly payroll records with the City of Northampton in the
form described in M.G.L Chapter 149, Section 26 and 27B and as amended by Section 174
Chapter 110 of the acts of 1993.
1. The Attorney General’s Office, after conducting an investigation and hearing, can
order work halted on public works projects, if it finds prevailing wage violations.
2. Any delays and costs incurred by the City of Northampton associated with a stop work
order for prevailing wage violation will be borne solely by the Contractor.
1.14 COMMENCEMENT OF THE WORK AND SUBSTANTIAL COMPLETION
A. The selected bidder must agree to commence work on the issuance of a written Notice to
Proceed and must adhere to the project’s Substantial Completion date of August 14, 2015.
MSBA Accelerated Repair Program
RK Finn/Ryan Road and Leeds Elementary Schools
Northampton, Massachusetts
Instructions to Bidders
00 21 13-8
B. As required by Massachusetts General Law M.G.L c. 71 Section 38R, the City of Northampton
will obtain criminal offender record information on any/all employees of the selected contractor
who may be working on school premises at either or both schools under this contract. The
contractor shall require all of its employees to complete a City of Northampton CORI request form.
These forms must be submitted by a representative of the contractor to the City of Northampton for
processing. No employee of the contractor or subcontractor(s) will be permitted on the work site at
either school until the CORI background checks have been completed processed and the
individual has been cleared to work. The City of Northampton will notify the representative of the
contractor as employees are cleared to work on site.
C. In the case all work is not completed by the date as specified in the contract documents, it shall
be understood and agreed that the contractor shall pay the owner liquidated damages as set forth
below in order to compensate the City of Northampton for interference with educational goals,
additional cleaning costs, and provisions for overall safety measures.
1. A sum of $2,000.00 for each calendar day after substantial completion date.
END OF SECTION