CITY OF WORCESTER
ROOM 201 - CITY HALL
PHONE (508) 799-1220
SEALED BID INVITATION
(Labor, - Filed Sub-Bids NOT Required)
SEALED BID NO. CR-7520-D1
DATE: December 7, 2020
CITY OF WORCESTER
Christopher J. Gagliastro, MCPPO
BUYER: Danielle Wagner
INSTRUCTIONS TO BIDDERS
All bids are subject to the terms and conditions and specificity herein set forth.
COMPLETE FORM FOR GENERAL BID (ENCLOSED) MUST BE SUBMITTED IN A SEALED ENVELOPE:
December 30, 2020
TIME: 10:00 A.M. LOCAL TIME
PLACE: Purchasing Division, Room 201, City Hall, Worcester, Massachusetts
MARK SEALED ENVELOPE "Sealed Bid No. CR-7520-D1, Maintenance: Electrical / City"
The name and address of the bidder must appear in the upper left-hand corner of the envelope. The City of Worcester is not
responsible for bids not properly marked.
1. This Bid Invitation covers: provide all labor, equipment, materials and supervision necessary and proper for electrical services
as per the attached specifications and requirements of the City of Worcester for the period January 30, 2021 through January
29, 2022. This contract may be renewed for a second and third year at the sole discretion of the City, the option of which
to be determined at the end of the first contract year (See Page 59).
Multiple awards shall be made. Please refer to pricing / specification pages for further information on awards.
2. A certified check or bid bond made payable to the "City Treasurer, City of Worcester" in the Amount of 5% of total bid MUST
ACCOMPANY this bid.
3. All bids received will be publicly opened and read in the Bid Room at City Hall at date and time shown above. NO BID WILL
BE ACCEPTED AFTER TIME AND DATE SPECIFIED
4. A copy of the contractor’s DCAMM Certificate of Eligibility Forms Q7 and Update Form CQ3 must accompany this bid. Only
contractors holding a Certificate of Eligibility from DCAMM in the category (ies) called for, and in a single project amount
higher than the estimated project cost will be able to file a bid. THE PROJECT CLASSIFICATION IS: ELECTRICAL
5. Any and all questions or clarifications regarding this bid must be sent in writing to: Danielle Wagner via e-mail at
6. Please go to our website (www.worcesterma.gov) to obtain bid results following due date.
7. Every general bid which is not accompanied by a bid deposit as prescribed by paragraph (1) section forty-four B, chapter 149 of
General Laws as amended, or which otherwise does not conform with section forty-four A to forty-four L, inclusive, or which is
on a form not completely filled in, or which is incomplete, conditional or obscure or which contains any addition not called for,
shall be invalid; and the awarding authority shall reject every such general bid.
8. The bidder to whom a contract is awarded will be required to furnish and pay for a Performance Bond of a Surety Company
authorized to do business in Massachusetts, for not less than 100% of the amount of the contract awarded satisfactory to the
awarding authority of the City of Worcester, which besides bonding the contractor to well and faithfully perform all the terms and
conditions of the contract, shall provide security for the payment for all labor performed or furnished and all materials used in the
fulfillment of said contract.
FORM 149 (Construction)-12-10 PAGE NO. 1
9. The bidder to whom a contract is awarded will also be required to furnish and pay for a labor and materials or payment bond, of a
surety company qualified to do business under the laws of the Commonwealth, for not less than 100% of the amount of the contract
awarded, satisfactory to the awarding authority.
10. These bonds to be in forms as established by the City of Worcester.
11. Purchases made by the City of Worcester are exempt from the payment of Federal Excise Taxes and Massachusetts State Sales
Tax and such taxes must not be included in the quoted price.
12. The City reserves the right to reject any and all bids, if deemed in the best interest of the City, as governed by section forty-four E
of chapter 149 of the General Laws.
13. Bids may be withdrawn without penalty prior to the time and date specified. For any bid withdrawn after time and date specified,
the bidder shall forfeit deposit on bid as liquidated damages.
14. The bidder must certify that no official or employee of the City of Worcester, Massachusetts, is financially interested in this
proposal or in the contract which the bidder offers to execute or in expected profits to arise therefrom, unless there has been
compliance with provisions of G. L. c. 43, sec. 27, and that this bid is made in good faith without fraud or collusion or connection
with any other person submitting a proposal.
15. Bids must be submitted in accordance with provisions of Chapter 149 of General Laws as amended. In the event of any
inconsistency between these specifications and the cited statute, the statute shall control. No sub bids under this contract are
required to be filed.
16. The general contract will be awarded to the lowest responsible and eligible general bidder pursuant to section forty-four A of
chapter 149 of the General Laws.
17. The successful bidder will be notified in writing, by mail or otherwise, that his bid has been accepted and that he has been
awarded the contract. The successful bidder shall execute the contract and furnish the required bonds within five (5) days,
Saturdays, Sundays and legal holidays excluded, after presentation of the contract. If the bidder selected as the general
contractor fails to perform his agreement to execute the contract in accordance with the terms of his bid and furnish a
performance bond and also a labor and materials payment bond as stated in his bid, the award will be made to the next lowest
responsible and eligible general bidder, subject to the provisions of Sections 44A-44J, inclusive, of said Chapter 149 of the
18. Before submitting a quotation, each bidder must make a careful study of these specifications and proposal, and fully assure himself
as to the quality of the materials and character of the workmanship required.
19. The contractor must visit the place where the work is to be performed and materials delivered, and take into consideration the
existing conditions and should his quotation be accepted, he will be held responsible for any omission, misunderstanding or error,
whether it results from his failure to do so or not.
20. The proposal for this work must cover all contingencies, including all labor and materials, scaffolding, tools, transportation, etc.,
necessary for the complete installation of everything described, shown or reasonably implied herein.
21. Wherever the title “Contracting Officer” is used, it shall be interpreted as follows:
Contracting Officer: Christopher Gagliastro, Purchasing Agent
22. Any prospective bidder requesting a change in or interpretation of existing specifications or terms, and conditions must do so
within five (5) days (Saturdays, Sundays and Holidays excluded) before scheduled bid opening date. All requests are to be in
writing to the Purchasing Division. No changes will be considered or any interpretation issued unless request is in our hands within
five (5) days (Saturdays, Sundays and Holidays excluded) BEFORE scheduled bid opening date. The Purchasing Division shall
respond in writing if the inquiry is received as described above. Oral clarifications or interpretations will be of no legal effect. The
City will not be responsible for any information, explanation or interpretation rendered in any fashion except as herein
23. Each bid shall be submitted upon the bid forms furnished by the City, copies of which are bound with the Bid. Wherever unit
prices are called for, all such prices shall be provided by the bidder. In the event of a discrepancy between prices written in
words and prices written in figures, the written words shall govern. In the event of a discrepancy between the indicated sum of
FORM 149 (Construction)-12-10 PAGE NO. 2
any column of figures and the correct sum thereof, the correct sum shall govern. The bid shall state the legal name of the bidder
and shall be signed in ink by a person or persons legally authorized to bind the bidder to a contract. The name and title of the
person or persons signing the bid shall be typed or printed below the signatures.
24. Section 39L of Chapter 30 of the Massachusetts General Laws prohibits the City from entering into a contract for this work
with, and shall not approve as a subcontractor furnishing labor and materials for a part of any such work, a foreign corporation
which has not filed with the City, a certificate of the State Secretary stating that such corporation has complied with
Massachusetts General Laws Chapter 156D, Part 15, subdivision A, s. 15.03, and Part 16, subdivision B, s. 16.22. Therefore,
every Foreign Corporation, must furnish a certified copy of its Certificate of Registration that has been duly filed with the State
Secretary's office. Any bid of a foreign corporation submitted without a Certificate may be invalid and may be rejected.
25. On any project for the construction, reconstruction, installation, demolition, maintenance or repair of any building, or public
work, to be funded in whole or in part by city funds, or funds which, in accordance with a federal or state grant, program, or
otherwise, the city expends or administers, or any such project to which the city is a signatory to the contract therefore, the
provisions of this section shall apply and the same shall be referenced in every invitation to bid for such project and, the
following paragraphs shall be contained in every resulting contract there from: “It shall be a material breach of this contract if
the contractor and each subcontractor shall not at all times adhere to the provisions of § 1A(e)(9) of chapter nine of the Revised
Ordinances of the city by limiting their on- site, noise producing construction and related work to the hours specified by said
26. The director of purchasing, commissioner of code enforcement and the head of any department shall have the authority to adopt
any rules and regulations they deem necessary to implement this subsection with respect to contracts generally and the head of
the department awarding any such contract shall have the authority to adopt any rules and regulations he or she deems necessary
to implement this subsection with respect to any particular project.
27. This is not an exclusive contract. The City may, at its discretion, select a contractor not under a “blanket contract” to perform
28. The City may terminate this Agreement at any time by giving at least five (5) days written notice to the Contractor. The
Contractor shall be paid in accordance with the appropriate invoicing procedure defined in the Agreement, for work
performed up to and including the termination date. No other termination expense shall be allowed.
[End of Instructions To Bidders Documents]
FORM 149 (Construction)-12-10 PAGE NO. 3
GENERAL CONDITIONS TO THE CONTRACT FOR CONSTRUCTION
1.1 THE CONTRACT DOCUMENTS
1.1.1 The Contract Documents consist of the Owner-Contractor Agreement, the Conditions of the
Contract (General, Supplementary and other Conditions), Performance Bond, Payment Bond, Vote of
Corporation, Instructions to Bidders, Bid Proposal, the Drawings, the Specifications, and all Addenda
issued prior to and all Modifications issued after execution of the Contract. A Modification is (1) a written
amendment to the Contract signed by both parties, (2) a Change Order, (3) a written interpretation issued
by the City, or (4) a written order for a minor change in the Work issued by the City pursuant to Paragraph
12.3. The Contract Documents do not include Bidding Documents such as, sample forms, or portions of
Addenda relating to any of these, or any other documents, unless specifically enumerated in the Owner-
1.2 THE CONTRACT
1.2.1 The Contract Documents form the Contract for Construction. This Contract represents the entire
and integrated agreement between the parties hereto and supersedes all prior negotiations, representations,
or agreements, either written or oral. The Contract may be amended or modified only by a Modification
as defined in Subparagraph 1.1.1. These General Conditions, wherever applicable, shall be construed
consistent with, and not to the exclusion of any terms of the Owner-Contractor Agreement, provided
further however, that the terms of such Agreement shall take precedence, as provided in Subparagraph
1.3 THE WORK
1.3.1 The Work comprises the completed construction required by the Contract Documents and includes
all labor necessary to produce such construction, and all materials and equipment incorporated or to be
incorporated in such construction.
1.4 THE PROJECT
1.4.1 The Project is the total construction of which the Work performed under the Contract Documents
may be the whole or a part.
1.5 EXECUTION, CORRELATION AND INTENT
1.5.1 The Owner and Contractor shall sign the Owner-Contractor Agreement (“Agreement”) in duplicate.
By executing the Agreement, the Contractor represents that he has visited the site, familiarized himself
with the local conditions under which the Work is to be performed, and correlated his observations with
the requirements of the Contract Documents.
1.5.2 The intent of the Contract Documents is to include all items necessary for the proper execution and
completion of the Work. The Contract Documents are complementary, and what is required by any one
shall be as binding as if required by all. Work not covered in the Contract Documents will not be required
unless it is consistent therewith and is reasonably inferable therefrom as being necessary to produce the
FORM 149 (Construction)-12-10 PAGE NO. 4
intended results. Words and abbreviations which have well-known technical or trade meanings are used
in the Contract Documents in accordance with such recognized meanings. All work mentioned or
indicated in the Contract Documents shall be performed by the Contractor as part of this Contract unless
it is specifically indicated in the Contract Documents that such work is to be done by others. Should the
drawings or the Specifications disagree in themselves or with each other, the Contractor shall provide the
better quality or greater quantity of work and/or materials unless otherwise directed by written addendum
to the Contract.
1.5.3 The organization of the Specifications into divisions, sections and articles, and the arrangement of
Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing
the extent of Work to be performed by any trade. The Contractor and all subcontractors shall refer to all
of the Drawings, including those showing primarily the work of the mechanical, electrical and other
specialized trades, and to all of the Sections of the Specifications, and shall perform all work reasonably
inferable therefrom as being necessary to produce the indicated results.
1.5.4 All indications or notations which apply to one of a number of similar situations, materials or
processes shall be deemed to apply to all such situations, materials or processes wherever they appear in
the Work, except where a contrary result is clearly indicated by the Contract Documents.
1.5.5 Where codes, standards, requirements and publications of public and private bodies are referred to
in the Specifications, references shall be understood to be to the latest revision prior to the date of receiving
bids, except where otherwise indicated.
1.5.6 Where no explicit quality or standards for materials or workmanship are established for work, such
work is to be of good quality for the intended use and consistent with the quality of the surrounding work
and of the construction of the Project generally.
1.5.7 All manufactured articles, materials, and equipment shall be applied, installed, connected, erected,
used, cleaned, and conditioned in accordance with the manufacturer's written or printed directions and
instructions unless otherwise indicated in the Contract Documents.
1.6 OWNERSHIP AND USE OF DOCUMENTS
1.6.1 All Drawings and Specifications furnished by the City, and all copies thereof and the copyright
therein, are the property of the City. They are to be used only with respect to this Project and are not to be
used on any other project. With the exception of one contract set for each party to the Contract, such
documents are to be returned or suitably accounted for to the City on request at the completion of the
Work. Submission or distribution to meet official regulatory requirements or for other purposes in
connection with the Project is not to be construed as publication in derogation of the City's common law
copyright or other reserved rights.
2.1.1 The term Architect refers to either, (a) a professionally licensed architect or architectural firm hired
or used by the City, or in the absence of thereof, (b) the Contracting Officer identified in the Instruction
FORM 149 (Construction)-12-10 PAGE NO. 5