A. 
Every contract for the construction, reconstruction, alteration, remodeling or repair of any public work or building, or for the purchase of any material in conjunction with such project and estimated cost in excess of $5,000, except a contract subject to MGL c. 149, §§ 44A through 44H, inclusive, shall be awarded to the lowest responsible and eligible bidder. This section shall not apply to building contracts in excess of $25,000.
B. 
The award of every such contract shall be made within 30 days after the opening of the bids therefor, Saturdays, Sundays and holidays excluded.
C. 
If the bidder selected as the contractor fails to perform his agreement to execute a contract in accordance with the terms of his bid and furnish a performance bond and also a labor and materials or payment bond as stated in his bid in accordance with § 82-33, an award shall be made to the next lowest responsible and eligible bidder.
D. 
As used in this section and in §§ 82-31 through 82-33, "lowest responsible and eligible bidder" means the bidder whose bid is the lowest of the bidders possessing the skill, ability and integrity necessary to the faithful performance of the work.
E. 
Essential information in regard to such qualifications shall be submitted in such form as the awarding authority may require.
A. 
In the preparation of specifications for all public works contracts and in the contracts themselves, the provisions of MGL c. 149, § 26, shall be explicitly included and stated, said section providing that in the employment of mechanics, apprentices, teamsters, chauffeurs and laborers in the construction of public works, whether they are to work for the City or for a contractor or subcontractor on public work, preference must be given to veterans and citizens resident in the city for which the work is being performed.
B. 
The requirements of this section shall not be satisfied by a general reference to compliance with the applicable provisions of Massachusetts General Laws Chapter 149.
C. 
No bond requirement may be waived unless a reservation of waiver is included within the specifications inviting bids. Any such reservation must appear in the specifications immediately following the provision requiring the furnishing of the payment bond.
A. 
Every bid submitted for a contract subject to § 82-29 shall be accompanied by a bid deposit. The amount of such bid deposit shall be not less than 5% of the value of the proposed work as estimated by the awarding authority, but in no event less than $100 nor more than $50,000. The bid deposit may be in the form of a bid bond, cash or a certified treasurer's or cashier check issued by a responsible bank or trust company, payable to the City. A bid bond shall be:
(1) 
In a form satisfactory to the awarding authority;
(2) 
With a surety company qualified to do business in the commonwealth and satisfactory to the awarding authority; and
(3) 
Conditioned upon the faithful performance by the principal of the agreements contained in the general bid.
B. 
All bid deposits of bidders, except those of the three lowest responsible and eligible bidders, shall be returned within five days after the opening of the bids, Saturdays, Sundays and legal holidays excluded. The bid deposits of the three lowest responsible and eligible bidders shall be returned upon the execution and delivery of the contract or, if no award is made, upon the expiration of the time prescribed in § 82-29 for making an award; except that if any bidder fails to perform his agreement to execute a contract and furnish a performance bond and also a labor and materials or payment bond as stated in his bid in accordance with § 82-33, his bid deposit shall become and be the property of the City as liquidated damages; provided that, in case of death, disability or other unforeseen circumstances affecting the bidder, his bid deposit may be returned to him.
C. 
The lowest responsible and eligible bidder may, with permission of the awarding authority, and the second and third lowest responsible and eligible bidders may each, as of right, file with the awarding authority at any time after five days from the opening of the bids, Saturdays, Sundays and legal holidays excluded, a bond in an amount not less than the amount of his bid deposit and in a form satisfactory to the awarding authority as surety, and conditioned upon the faithful performance by the principal of his agreements as contained in his bid.
D. 
Upon the filing of a bond as mentioned in this section, the bid deposit of the bidder filing such bond shall forthwith be returned to him.
A. 
In inviting bid proposals for a contract subject to § 82-29, the awarding authority shall advertise by posting such notice inviting bids in a conspicuous place in or near the offices of the awarding authority. The notice shall be posted one week prior to the time specified in the notice for receipt of bids. In addition, such notice shall be published at least once, not less than two weeks prior to the time so specified, in the central register published by the State Secretary pursuant to MGL c. 9, § 20A, and in a newspaper of general circulation in the locality of the proposed project.
B. 
The notice shall specify the time and place where plans and specifications of the proposed work may be had; the place where bid proposal forms may be had; the time and place for submission of bids; the time and place for the opening of the bids; and whether the awarding authority is inviting total price (lump sum) bid proposals or unit price bid proposals. In addition, the notice shall reserve the right to reject any and all bids if it is in the public interest to do so. The notice shall also contain any information that the awarding authority may deem necessary or appropriate. All proposals submitted in answer to such advertisements shall be opened in public.
C. 
The awarding authority shall not cause or allow a contract to be split or divided for the purpose or with the effect of avoiding any provision of this article, nor shall it reject any bid proposal with the intent or the effect of avoiding any provision of this article.
A. 
Every bid submitted for a contract subject to § 82-29 shall be submitted upon a blank form furnished by the awarding authority, which form shall conform to the requirements of this article.
B. 
The price for any item, unless otherwise noted or specified, shall include full compensation for all materials, equipment, tools, labor and incidental work necessary to complete the item to the satisfaction of the engineer designated by the awarding authority to supervise the performance of the contract. The prices shall, without exception, include all royalties and costs arising from patents, trademarks, and copyrights in any way involved in the work.
C. 
When an item or items in the proposal contain a choice to be made by the bidder, the bidder shall indicate his choice in accordance with the specifications for that particular item or items, and thereafter no further choice will be permitted.
D. 
In the case of a unit price bid, the bidder shall specify a unit price, in both words and figures, for each item for which a quantity is given, and shall also show the products of the respective unit prices and quantity written in figures in the column provided for that purpose, and the total amount of the proposal obtained by adding the amounts of several items. All words and figures shall be in ink. In case of a discrepancy between the prices written in words and those written in figures, the written words shall govern.
E. 
The awarding authority shall provide a bid form to any person upon the payment of the charge, if any, stated in the newspaper advertisement required by § 82-32. The bid proposal form in the case of a unit price bid proposal shall be substantially as follows:
FORM FOR UNIT PRICE BID PROPOSAL
To the City of Springfield, acting through its (name of awarding authority), hereinafter called the "awarding authority," for the furnishing of all labor and materials required for (name or description of project) in accordance with the plans and specifications prepared by (name of engineer);
1.
The undersigned as bidder declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other firm; that the undersigned has carefully examined the location of the proposed work, the proposed form of contract and the plans and specifications therein referred to; and the undersigned proposes and agrees if this proposal is accepted that he will contract with the awarding authority to provide all necessary labor, machinery, tools, apparatus and other means of construction and to do all the work and furnish all the materials specified in the contract in the manner and time therein described and according to the requirements of the engineer therein set forth; and the undersigned will take in full payment therefor the following unit and total prices, to wit:
[diagram goes here]
The total price of this proposal based on the estimated quantities is (price in words) (price in figures).
2.
The undersigned as bidder understands and agrees that the quantities of work as given for each item in this proposal are only approximate and are assumed solely for the comparison of proposals. They are not guaranteed to be accurate statements or estimates of the quantities of work that are to be performed under this contract, and any departure therefrom will not be accepted as valid grounds for any claim for loss of profits. In case of variation between unit prices and total prices stated by the bidder, the unit prices will be considered to be his bid.
3.
This bid proposal includes the following addenda:
(Here should be inserted all other information which the awarding authority requires as part of the bid proposal, including any and all information as to the proposed completion date, information as to the names of subcontractors, if any, and the items which are to be performed by each subcontractor, and any and all other information which the awarding authority may require.)
4.
The undersigned agrees that, if he is selected as contractor, he will, within five days after presentation thereof by the awarding authority, Saturdays, Sundays and legal holidays excluded, 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 at least 100% of the contract price, the premiums for which are to be paid by the contractor and are included in the contract price.
SIGNATURE OF BIDDER
BUSINESS ADDRESS
PLACE OF BUSINESS
DATE
The full names and residences of all the persons and parties interested in the foregoing proposals are as follows:
(NOTICE: Give first and last names in full; in case of corporations, give names of president, treasurer, manager and stockholders who hold 20% or more of the outstanding stock of the corporation; and in case of firms give the names of the individual members.)
F. 
The bid proposal form in the case of a total price (lump sum) bid proposal shall be substantially the same as the bid proposal form used in the case of a unit price bid proposal, except that there shall be substituted for Paragraphs 1 and 2 thereof the following:
FORM FOR SPECIAL PROVISIONS FOR TOTAL PRICE BID
1.
The undersigned as bidder declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other firm; that the undersigned has carefully examined the location of the proposed work, the proposed form of contract and the plans and specification therein referred to; and the undersigned proposes and agrees if this proposal is accepted that he will contract with the awarding authority to provide all necessary machinery, tools, apparatus and other means of construction and to do all the work and furnish all the materials specified in the contract in the manner and time therein described and according to the requirements of the engineer therein set forth; and the undersigned will take in full payment therefor the contract prices specified below subject to additions and deductions according to the terms of the specifications.
The proposed total contract price is (price in words) (price in figures).
2.
FOR ALTERNATE No.
ADD
SUBTRACT
G. 
All bids shall be for the complete work as specified. Every bid which is not accompanied by a bid deposit as prescribed in the first paragraph of § 82-31, or which does not conform with §§ 82-29 through 82-32 and this section, or is on a form which is 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 bid.
Every contract for design services for any building construction, reconstruction, alteration, remodeling, or repair estimated to exceed $100,000 by any department, board or commission of the City shall be awarded only after a selection procedure adopted, in writing, prior to publication requesting applications, complying with the provisions of MGL c. 7, § 30L, as amended.[1]
[1]
Editor's Note: MGL c. 7, § 30L, was repealed by Ch. 189 of the Acts of 1984, § 5.
A. 
No change order for any contract subject to MGL c. 149, §§ 44A through 44H, or subject to §§ 82-29 through 82-33, shall be approved or ratified by the awarding authority supervising the administration of such contract unless the architect or engineer (as the case may be) supervising the performance of such contract on behalf of the City shall first submit to the awarding authority an estimate of the increase or decrease in the value of the contract which will result from such approval or ratification.
B. 
If the architect or engineer, pursuant to the requirements of this section, estimates that the change order will increase or decrease the value of the contract by a sum in excess of $500, he shall submit in writing to the awarding authority a statement containing the following:
(1) 
The architectural or engineering reason or reasons why the change order is necessary or desirable;
(2) 
An explanation of the reasons why the terms of the change order were not incorporated into the original plans and specifications of such contract;
(3) 
An expression of the architect's or engineer's opinion that the proposed change order either:
(a) 
Is necessary to complete the design and intent of the original plans and specifications and the reasons therefor; or
(b) 
Is not necessary to complete the design and intent of the original plans and specifications, but is an advisable change order, and the reasons therefor.
C. 
If the architect or engineer, pursuant to the requirements of this section, expresses the opinion that the proposed change order is not necessary to complete the design and intent of the original plans and specifications, then the proposed change order cannot be approved or ratified except by a vote of 3/4 of the members of the awarding authority present and voting, and the written approval of the Mayor.
A. 
The custodian of tax title property shall publish notice in a daily newspaper at least 14 days prior to public sale of tax title property, including land of low value.
B. 
The publication shall state the date, time, place of sale, a description of the land to be sold, and the number and street of such land; and further, the custodian of tax title property shall forthwith furnish to the City Council through the City Clerk a copy of the publication.