25300105R CAMPBELL ELEMENTARY CEILINGS AND LIGHTING-IFB GC.pdf

INVITATION FOR BID

CITY OF NEW BEDFORD, MASSACHUSETTS

New Bedford Public Schools

Campbell Elementary School Ceilings and Lighting-Rebid

IFB #25300105R

Sub-Bids Due: Friday, March 28, 2025 at 2:00pm General Bids Due: Friday, April 4, 2025 at 2:00pm

Jonathan F. Mitchell Mayor

New Bedford Public Schools 230 Hathaway Blvd.

New Bedford, MA 02740

Classroom Ceilings and Lighting at the Elwyn Campbell Elementary School

New Bedford, MA

TABLE OF CONTENTS

Section 00 01 10

TABLE OF CONTENTS

00 01 00 INTRODUCTORY INFORMATION:

00 01 01 Title Sheet for Project Manual 00 01 10 Table of Contents 00 01 15 List of Contract Drawings

PART A – PROCUREMENT AND CONTRACTING REQUIREMENTS

00 11 16 Advertisement and Invitation to Bid 00 21 13 Instruction to Bidders 00 40 00 Form for Filed Sub-Bid 00 40 50 Form for General Bid 00 41 00 Bid Certifications and Submissions 00 52 01 Standard Vertical Construction Contract 00 52 02 General Conditions 00 52 03 Equal Employment Opportunity 00 52 04 Contract Certifications & Submissions 00 73 43 Prevailing Wage Rates 00 75 50 CORI Requirements

PART B – SPECIFICATIONS

01 00 00 GENERAL REQUIREMENTS:

01 01 00 Summary of Work 01 24 00 Existing Conditions 01 29 00 Definitions and Standards 01 33 23 Shop Drawings, Products Data, and Samples 01 35 00 Special Project Procedures 01 50 00 Construction Facilities and Temporary Controls 01 57 00 Construction and Demolition Waste Management 01 60 00 Material and Equipment 01 61 00 Cutting and Patching 01 65 00 Coordination 01 70 00 Contract Close-Out

02 00 00 EXISTING CONDITIONS:

02 41 19 Selective Demolition

09 00 00 FINISHES

09 21 16 Gypsum Board Assemblies 09 51 23 Acoustical Tile Ceilings (Filed Sub-Bid) 09 91 00 Painting

26 00 00 ELECTRICAL

26 00 00 Electrical

Classroom Ceilings and Lighting at the Elwyn Campbell Elementary School

New Bedford, MA

LIST OF CONTRACT DRAWINGS

00 01 15

SECTION 00 01 15 LIST OF CONTRACT DRAWINGS

T1.0 - TITLE SHEET

A1.1 - REFLECTED CEILING PLAN AND DETAILS

E0.0 - ELECTRICAL LEGEND, NOTES, DETAILS AND ABBREVIATIONS

ED1.1 - ELECTRICAL DEMOLITION LIGHTING FLOOR PLAN

E1.1 - ELECTRICAL NEW LIGHTING FLOOR PLAN

00 01 15 END OF LIST OF CONTRACT DRAWINGS

Invitation for Bid # 25300105R

CAMPBELL ELEMENTARY CEILING AND LIGHTING-REBID

The City of New Bedford, Purchasing Department, in conjunction with New Bedford Public Schools, is soliciting sealed bids for the Campbell Elementary Ceilings and Lighting located at 145 Essex Street, New Bedford, Massachusetts 02745. The work of this contract will require a DCAMM Prime General Contractor certified in Electrical. This work will also require DCAMM Filed Sub-Bidders certified in Acoustical Tile Ceilings. The bid process and award of this Contract will be under the provisions of M.G.L. Chapter 149. The estimated budget for this project is $500,000.00 and the estimated substantial completion date is August 28, 2025.

Contract documents may be obtained and/or examined electronically by visiting www.bidnetdirect.com on or after Monday, March 10, 2025.

A non-mandatory site visit will be conducted for the benefit of all potential bidders on Tuesday, March 18, 2025, 10:00 AM at 145 Essex Street, New Bedford, MA 02740.

Sealed Sub-Bids will be received electronically online by the Purchasing Department until Friday, March 28, 2025, 2:00 PM. Sealed General Bids will be received electronically online by the Purchasing Department until Friday, April 4, 2025, 2:00 PM. This Project is being electronically bid and hard copy bids will not be accepted. Please review the instructions in the bid documents on how to register as an electronic bidder. All bids shall be submitted online at www.bidnetdirect.com and received no later than the dates and times specified.

Immediately following the deadline for bids, all bids received within the time specified will be publicly opened.

Bids received after the above times and dates will be rejected. Mailed, emailed, and/or faxed bids will not be accepted.

Attention is called to the fact that supplies furnished as part of this Contract are exempt from the Sales and Use Tax. All bids submitted should take this factor into consideration and be calculated accordingly.

The contract will be awarded within sixty (60) calendar days after the bid opening. The time for the award may be extended by mutual agreement between the City and the awarded bidder.

No Bidder may withdraw his/her bid for a period of sixty (60) calendar days, after the actual date of the opening thereof.

Bids must include ALL DOCUMENTS required by the Instructions for Bidders. The Awarding Authority reserves the right to waive any informality, reject any or all bids, or accept other than the lowest priced bid if the City determines that it is in the best interests of the City.

Each bid shall be accompanied by a bid deposit that is five percent (5%) of the bid amount. Bid deposits may be in the form of Certified Check, Certificate of Deposit, or Bid Bond made payable to the City of New Bedford, Massachusetts. The Awarded Bidder must furnish a 100 percent (100%) Performance Bond and a 100 percent (100%) Payment Bond with a surety company acceptable to the City.

http://www.bidnetdirect.com/ http://www.bidnetdirect.com/

Minimum Wage Rates as determined by the Commissioner of the Department of Workforce Development under the provision of the Massachusetts General Laws, Chapter 149, Section 26 to 27H, as amended, apply to this project. It is the responsibility of the Contractor, before bid opening, to request, if necessary, any additional information on Minimum Wage Rate for those tradespeople who may be employed for the proposed work under this contract.

Awarding Authority City of New Bedford Purchasing Department Geraldine Calheta, Acting Director of Purchasing

END OF SECTION – INVITATION FOR BID

Campbell Elementary School Ceilings and Lighting

IFB #25300105R

INSTRUCTIONS TO BIDDERS

ARTICLE 1. QUALIFICATIONS OF BIDDERS

1.1 Bidders may be investigated by the City of New Bedford (CITY) to determine if they are qualified to perform the Work. All Bidders shall be prepared to submit within five days of CITY’s or ARCHITECT’s request, written evidence of such information and data necessary to make this determination.

1.2 The investigation of a Bidder will seek to determine whether the Bidder is adequate in size, is authorized to do business in the jurisdiction where the Project is located, has had previous experience, whether available equipment and financial resources are adequate to assure CITY that the Work will be completed in accordance with the terms of the Contract, and to provide any other information which will help determine whether that Bidder is qualified to perform the Work. The amount of other work to which the Bidder is committed may also be considered.

1.3 In evaluating Bids, CITY will consider the qualifications of only those Bidders whose Bids follow the prescribed requirements.

1.4 CITY reserves the right to reject any Bid if the evidence submitted by, or the investigation of, such Bidder fails to satisfy CITY that such Bidder is properly qualified to carry out the obligations of the Contract Documents and to complete the Work contemplated therein.

1.5 The Bidders shall provide three (3) references that are satisfactory to the City by completing the Bidder’s Qualification & Reference Form, which will serve to illustrate the ability of each Bidder’s firm in accordance with these specifications. The references must be from prior contracts, preferably performed within the last 3 years, be similar in size and scope to this contract bid, and include contact names, email addresses, and telephone numbers. CITY reserves the right to reject any Bid if any reference indicates that the Bidder did not perform satisfactorily.

1.6 Attention is called to the Massachusetts General Laws c. 149, Section 44D which sets forth the Pre-qualification for General Contract Bidders by the Division of Capital Asset Management and Maintenance (DCAMM). Further, all General Contract Bidders must submit with their bids a Certificate of Eligibility inclusive of any Update Statements from DCAMM. Any bid submitted without the appropriate Certificate and Update Statements shall be invalid.

ARTICLE 2. COPIES OF CONTRACT DOCUMENTS

2.1 Bidders must use complete sets of Contract Documents in preparing Bids; neither CITY nor ARCHITECT shall be responsible for errors or misinterpretations resulting from any Bidder’s use of incomplete sets of Contract Documents.

2.2 CITY and ARCHITECT only make copies of Contract Documents available for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use.

ARTICLE 3. EXAMINATION OF CONTRACT DOCUMENTS AND SITE

3.1 Before submitting a Bid, each Bidder must (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar with local conditions that may in any manner affect cost, progress or performance of the Work, and (c) shall comply with Federal, State and local laws, ordinances, rules and regulations that may in any manner apply to the Work or affect cost, progress or performance of the Work.

3.2 All Bidders are specifically instructed to visit the site of the Work, to ascertain personally, by investigation and observation, the locations of the various starting points of the Work, the extent and character of the Work to be performed, and to familiarize themselves with existing conditions at the site.

All Bidders shall verify in the field all dimensions and measurements that are given in the specifications or indicated on the drawings and shall call to the attention of the City any errors, or discrepancies, that s/he may ascertain prior to bidding. Failure of any Bidder to visit the site, existing buildings, and to examine the Contract Documents, shall not in any way relieve said Bidder of any obligation with respect to its bid or of any responsibility under the Contract Documents.

3.3 Before submitting a Bid, Bidders may, at their own expense, make such additional investigations and tests as they may deem necessary to determine their Bid for performance of the Work in accordance with the time, price, and other terms and conditions of the Contract Documents.

3.4 On request, CITY will provide each Bidder access to the site on days and at times mutually agreeable to both CITY and Bidder to conduct such investigations and tests as each Bidder deems necessary for the submission of a Bid.

3.5 The lands upon which the Work is to be performed, rights-of-way for access thereto, and other lands designated for use by the Awarded Bidder in performing the Work are identified in the Supplementary Conditions, General Requirements, and/or in the Drawings.

3.6 The submission of a Bid shall constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of these Instructions to Bidder and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work.

ARTICLE 4. INTERPRETATIONS

4.1 Questions concerning this Specification must be submitted online by visiting https://www.bidnetdirect.com/massachusetts/newbedford. To submit questions online, log in and use the “Ask a Question” button at the top of the page. If assistance is needed, please contact BidNet’s Vendor Support Department at 800-835-4603, Option 2. Questions submitted by mail, via email, or by any other method will not be accepted. Questions are due by Friday, March 21, 2025 at 5:00 PM for filed sub bids and Friday, March 28, 2025 at 5:00 PM for general bids.

4.2 Written clarifications or interpretations will be issued by Addenda no later day, Tuesday, March 25, 2025 at 4:00 PM for filed sub bids and no later than Tuesday, April 1, 2025 at 4:00 pm for general bids. Only questions answered by formal written Addenda shall be binding. Oral and other https://www.bidnetdirect.com/massachusetts/newbedford.

clarifications or interpretations shall be without legal effect. City responses issued as addenda will be issued via Bidnet Direct, and on the Purchasing Department’s website at: https://www.newbedford-ma.gov/purchasing/request-proposals-rfps-invitation-bids-ifbs/

4.3 Failure of any Vendor to receive any such addendum or interpretation shall not relieve any Vendor from any obligation under this bid as submitted. Only interested parties who download documents or otherwise register their interest in this solicitation via Bidnet Direct will be considered official plan-holders. No oral interpretations will be made to any proposer as to the meaning of any provision of the Request for Proposals or other contract documents. Failure to acknowledge all addenda may result in your submission being rejected as non-responsive.

ARTICLE 5. BID SECURITY

5.1 Each Bid must be accompanied by cash, bid bond, or a certified check on a treasurer's or cashier's check issued by a responsible bank or trust company, payable to City of New Bedford, Massachusetts. The Bid Security shall be in the amount stated in the Invitation for Bid. The Bid Security shall be submitted electronically via Bidnet Direct. All Bid Securities except those of the three lowest responsible and eligible Bidders will be returned within five calendar days, after opening of the Bids. All Bid Securities will be returned on the execution of the Agreement or if no award is made, within sixty (60) calendar days, after the actual date of opening of the Bids, unless forfeited under the conditions herein stipulated. Bid Bonds shall be retained by the City.

5.2 In case a Bidder to whom a Contract is awarded shall fail or neglect to execute the Contract and furnish the satisfactory bonds within the time specified, CITY may determine that the Bidder has abandoned the Contract, and thereupon the Bid Forms and acceptance shall be null and void and the Bid Security accompanying the Bid Form shall be forfeited to CITY as liquidated damages for such failure or neglect and to indemnify said CITY for any loss which may be sustained by failure of the Bidder to execute the Contract and furnish the bonds as aforesaid, provided that the amount forfeited to CITY shall not exceed the difference between the Bid Price of said Bidder and that of the next lowest responsible and eligible Bidder, and provided further that, in case of death, disability, or other unforeseen circumstances affecting the Bidder, such Bid Security may be returned to the Bidder. After execution of the Contract and acceptance of the bonds by CITY, the Bid Security accompanying the Bid Form of the Awarded Bidder will be returned.

ARTICLE 6. PERFORMANCE, PAYMENT AND OTHER BONDS

6.1 The Awarded Bidder must furnish a 50 percent (50%) Payment Bond with a surety company qualified to do business under the laws of the Commonwealth and satisfactory to the City, and in the sum of half of the contract price, the premium for which is to be paid by the Awarded Bidder and is included in the Contract Price.

6.2 All required Bonds shall be furnished prior to execution of the Contract.

6.3 The standard forms of all required Bonds are contained in this IFB.

https://www.newbedford-ma.gov/purchasing/request-proposals-rfps-invitation-bids-ifbs/ https://www.newbedford-ma.gov/purchasing/request-proposals-rfps-invitation-bids-ifbs/

ARTICLE 7. BID FORM

7.1 Each Bid shall be submitted electronically via Bidnet Direct. All blank spaces for Bid prices must be filled in with the unit price for the item or the lump sum for which the Bid is made.

7.2 Bid Forms shall be typewritten. The Bid price of each item on the form shall be stated in words, and in figures. If unit prices are required on the Bid Form, discrepancies between unit prices and their respective total amounts will be resolved in favor of the unit prices. Discrepancies between words and figures will be resolved in favor of words. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

7.3 Bids by corporations shall be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature.

7.4 Bids by Limited Liability Companies shall be executed in the Limited Liability Company’s name by the Manager (or other Limited Liability Company officer/representative accompanied by evidence of authority to sign.) The Limited Liability Company address and state where the Limited Liability Company was formed shall be shown below the signature.

7.5 Bids by partnerships shall be executed in the partnership name and signed by a partner, whose title shall appear under the signature. The official address of the partnership shall be shown below the signature.

7.6 All names on the Bid Form shall be typed or printed below the signature.

7.7 The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which shall be filled in on the Bid Form).

7.8 The address to which communications regarding the Bid are to be directed shall be shown.

7.9 One copy of each Bid shall be submitted via Bidnet Direct. The Bid Security shall be submitted via Bidnet Direct.

ARTICLE 8. RECEIPT OF BIDS

8.1 Sealed Bids shall be received at the time and place indicated in the Invitation for Bid.

8.2 Bidders are cautioned that it is the responsibility of each individual Bidder to assure that their Bid is in the possession of the responsible official or the designated alternate prior to the stated time and at the place of the Bid Opening. City is not and shall not be held responsible for Bids delayed for any reason.

8.3 Bidders submitting the form for General Bids shall complete and submit the required attachments with their Bid (Note, the following list of attachments is provided solely for informational use of the Bidder.

It is the responsibility of the Bidder to determine and submit all those forms that are required with the Bid):

• Form for General Bids

• Bid Deposit

• DCAMM’s Certificate of Eligibility inclusive of any Update Statements

• City of New Bedford Non-collusion and Tax Compliance Form

• City of New Bedford Vote of Corporation or LLC Certificate of Incumbency and Authority

• OHSA Certification Requirement

• Contractor Certification

• Public Contractor Debarment

• Bidder’s Qualifications and Reference Form

• Bidder’s Certificate of Understanding

• Schedule of Participation – D/MBE and D/WBE

• Letter of Intent

• Contractor Identification Statement

• Bidder’s Certification

• Unavailable Certifications

• Request for Waiver (if required)

• W-9

ARTICLE 9. MODIFICATION AND WITHDRAWAL OF BIDS

9.1 Bids may be modified only by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids.

9.2 Bids may be withdrawn prior to the scheduled time (or authorized postponement thereof) for the opening of Bids.

9.3 Any Bid received after the time and date specified shall not be considered. No Bid may be withdrawn for a period of sixty (60) calendar days, after the actual date of the opening of the Bids.

ARTICLE 10. AWARD OF CONTRACT

10.1 The Contract will be awarded to "the lowest responsible and eligible bidder" pursuant to General Laws Chapter 149, Section 44A(2), as amended. Such a bidder shall possess the skill, ability, and integrity necessary for the faithful performance of the work, shall be able to furnish labor that can work in harmony with all other elements of labor employed, or to be employed, in the work, and shall otherwise comply with all applicable provisions of law. Contract award shall be subject to availability of an appropriation for funding.

10.2 City reserves the right to reject all Bids, to waive all informalities if it is in City's best interest to do so, and the right to disregard all nonconforming, non-responsive, and/or conditional Bids.

10.3 A Bid which includes for any item a Bid Price that is abnormally low or high may be rejected as unbalanced.

10.4 CITY also reserves the right to reject the Bid of any Bidder that CITY considers to be unqualified relative to Article 1 above.

10.5 If the Contract is to be awarded, CITY will give the Awarded Bidder a Notice of Award within sixty

(60) calendar days, after the actual date of the opening of the Bids. All Bids shall remain open for sixty

(60) calendar days, after the actual date of the opening of the Bids but CITY may, at CITY's sole discretion, release any Bid and return the Bid Security prior to that date.

10.6 Minor informalities are errors of form that do not cast doubt on the intended meaning of the Bid or the qualifications of the Bidder. If a mistake and the intended offer are both clearly evident in a Bid, the City may correct the mistake to reflect the intended correct offer and notify the Bidder in writing of the correction. In the event that a mistake is evident but the correct intended offer is not, the City may permit the Bidder to withdraw their Bid.

ARTICLE 11. EXECUTION OF CONTRACT

11.1 When CITY gives a Notice of Award to the Awarded Bidder, then within ten (10) calendar days, after the date of receipt of such notification Awarded Bidder shall submit all applicable Contract Documents to CITY. Within twenty (20) calendar days, thereafter CITY will deliver one fully signed copy to Awarded Bidder. CITY will furnish the Contract for electronic signature via DocuSign.

ARTICLE 12. SAFETY AND HEALTH REGULATIONS

12.1 This project is subject to the Safety and Health regulations of the U.S. Department of Labor set forth in Title 29 CFR, Part 1926 and to all subsequent amendments, and to any applicable Massachusetts regulations and the Awarded Bidder shall comply with the requirements of these regulations.

12.2 The Awarded Bidder shall comply with the Department of Labor Safety and Health Regulations for Construction promulgated under the Occupational Safety and Health Act of 1970 (PL-91-596) and under Section 107 of the Contract Work Hours and Safety Standards Act (PL-91-54).

12.3 The Awarded Bidder and all subcontractors shall furnish to the City, with the first certified payroll report, documentation indicating that each employee has successfully completed 10 hours of an OSHA course in construction safety and health. This course must be approved by the United States Occupational Health and Safety Administration.

12.4 The Awarded Bidder shall have a competent person or persons, as required under the Occupational Safety and Health Act, on the Site to inspect the Work and to supervise the conformance of the Work with the regulations of the Act.

ARTICLE 13. WAGE RATES

13.1 Minimum Wage Rates as determined by the Commissioner of the Department of Workforce Development under the provision of the Massachusetts General Laws, Chapter 149, Section 26 to 27H, as amended, apply to this project. Bidders shall, before Bid opening, request if necessary any additional information on Minimum Wage Rates for those tradespeople who may be employed on this project. A prevailing wage rates sheet for this project is enclosed in this Invitation for Bid. Federal Davis-Bacon Wages may also be required.

ARTICLE 14. MASSACHUSETTS GENERAL LAW ON PROCUREMENT

14.1 The bidding and award of the Contract shall be in full compliance with Chapter 149 of the General Laws of the Commonwealth of Massachusetts as last revised.

ARTICLE 15. INSURANCE AND INDEMNIFICATION

15.1 Prior to commencement of this Contract, the Awarded Bidder shall obtain at its own cost and expense, the required insurance from insurance companies licensed in their state, carrying a Best’s Financial Rating of “A-” or better, and shall provide evidence of such insurance to the City of New Bedford (City). The policies or certificates thereof shall provide that thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the CITY by registered mail, return receipt requested, for all of the following stated insurance policies. All notices shall name the Awarded Bidder and identify the Contract.

15.2 If at any time any of the policies required herein shall be or become unsatisfactory to the CITY as to form or substance, or if a company issuing any such policy shall become unsatisfactory to the CITY, the Awarded Bidder shall upon notice to that effect from the CITY, promptly obtain a new policy, submit the same to the CITY for approval and submit a certificate thereof. Upon failure of the Awarded Bidder to furnish, deliver and maintain such insurance, the Contract, at the sole election of the CITY may be declared suspended, discontinued, or terminated. Failure of the Awarded Bidder to provide and maintain any of the required insurance shall not relieve the Awarded Bidder from any liability under the Contract, nor shall the insurance requirements be construed to conflict with or otherwise limit the contractual obligations on the Awarded Bidder concerning indemnification. Prior to contract award, the CITY may waive the requirement of coverage type or amount if not reasonably available and if the City deems it to be in CITY’s best interest to do so.

15.3 Awarded Bidder shall maintain Workers Compensation, General Liability, Automobile Liability, and Umbrella Policies for the minimum amount required by the Awarded Bidder or as outlined below, whichever limits and coverages are higher. Insurance coverages and certificates shall be provided and include City of New Bedford as an additional insured, on a primary and non-contributory basis, on all liability policies. All such insurance as is required of the Awarded Bidder shall be provided by Awarded Bidder by or on behalf of all subcontractors to cover subcontractor operations performed. The Awarded Bidder shall be held responsible for any modifications, deviations, or omissions in the compliance with these requirements by the subcontractors. Minimum required insurance limits (coverage on an occurrence basis):

Commercial General Liability:

· $2,000,000 Products/Completed Operations Aggregate

· $2,000,000 General Aggregate

· $1,000,000 Any One Occurrence

Employers Liability (Coverage “B” on the Workers Compensation Policy)

· $ 500,000 Each Accident

· $ 500,000 Each Employee for Injury by Disease

· $ 500,000 Aggregate for Injury by Disease

· Alternate Employer Endorsement is required

Commercial Automobile

· $1,000,000 Combined Single Limit/Bodily Injury and Property Damage

· $1,000,000 Hired/Non Owned Auto

· $1,000,000 MCS90

Umbrella/Excess Liability

· $2,000,000 Any One Occurrence

· $2,000,000 Aggregate

15.4 Any awarded bidder who does not carry worker’s compensation insurance coverage to protect himself personally from work-related injuries hereby releases, holds harmless and indemnifies the City from any injuries that may occur to the awarded bidder himself during the course of the project. In no way does this provision affect the absolute duty of every awarded bidder to provide worker’s compensation insurance coverage to each and every one of their employees and himself according to the provisions of this Agreement and all applicable state and federal laws.

15.5 To the fullest extent permitted by law, the awarded bidder hereby acknowledges and agrees that it shall indemnify, hold harmless and defend the City, and any of the officers, directors, employees, agents, affiliates, subsidiaries and partners from and against all claims, damages, losses and expenses, including but not limited to, attorney’s fees, arising out of or resulting from the performance of the awarded bidder’s work under this contract, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease, or death or injury to or destruction of tangible property (other than to the Work itself) including loss of use resulting there from, and (2) is caused in whole or in part by any acts or omissions of the awarded bidder, its employees, agents or sub-contractors or anyone directly or indirectly employed by any of them or anyone whose acts any of them may be liable.

All Insurance Certificates must contain a clause indicating that certificate holders be given a minimum of

30 days’ written notice prior to the cancellation of awarded bidder’s insurance, except for nonpayment. The awarded bidder must furnish the certificate referred to above as an express condition precedent to the awarded bidder’s duty to make any progress payments to contractor pursuant to this Agreement.

15.6 The Awarded Bidder hereby acknowledges its obligation under the forgoing paragraph to indemnify the City of New Bedford against judgments suffered because of the Awarded Bidder’s work and to assume the cost of defending the CITY against claims as described in the forgoing paragraph.

15.7 All Insurance Certificates must contain a clause indicating that certificate holders be given a minimum of 30 days written notice prior to the cancellation of Awarded Bidder’s insurance, except for nonpayment.

Awarded Bidder must furnish the certificate referred to above as an express condition precedent to the Awarded Bidder’s duty to make any progress payments to contractor pursuant to this Contract.

15.8 THE AWARDED BIDDER MUST FURNISH THE CITY OF NEW BEDFORD WITH A SIGNED

CONTRACT AGREEMENT AND CERTIFICATE OF INSURANCE IN COMPLIANCE WITH THIS

CONTRACT BEFOTRE THE CONTRACT IS SIGNED.

ARTICLE 16. SPECIAL REQUIREMENTS

16.1 The Awarded Bidder must meet all specifications. Any bid which does not meet these requirements, is nonresponsive, incomplete, conditional, and/or obscure, will be rejected. Any bid which contains additions not called for, and/or irregularities of any kind, is non-responsive and will be rejected. The attention of all Bidders is called to General Laws Chapter 156D, which requires in part that, not later than 10 days after it commences transacting business in the commonwealth, a foreign corporation deliver a certificate to the secretary of state for filing. Bidders required to be registered with the Secretary of State in the Massachusetts Corporate Database must use the same business name in their bidding documents as is listed in the Database for that business. All Bidders must use the same business name throughout all bidding documents, and for the Successful Bidder, throughout all contract documents. Examples of these documents include the bid form, vote of corporation, W-9, and certificate of insurance. Any Bid with multiple and/or inconsistent business names for one business may be rejected by the City.

ARTICLE 17. TAX EXEMPT

17.1 The City will provide the Awarded Bidder for this Project with an Exempt Purchase Certificate and Number issued pursuant to Chapter 14, Acts of 1966, Section 1, Subsection 6 (E) and (F) which will exempt the project cost from the Massachusetts sale tax. Bidders are instructed not to include the sales tax in the Bid Price.

END OF INSTRUCTIONS TO BIDDERS

CITY OF NEW BEDFORD

Mayor Jonathan F. Mitchell

BID FORM FOR GENERAL BID

CAMPBELL ELEMENTARY CEILINGS AND LIGHTING

DATE:

TO: CITY OF NEW BEDFORD

C/O NEW BEDFORD PURCHASING DEPARTMENT 133

WILLIAM STREET, ROOM 208

NEW BEDFORD, MASSACHUSETTS 02740

PURCHASING AGENT

A) The undersigned proposes to furnish all labor and materials required for Campbell Elementary Ceiling and

Lighting project located at 145 Essex Street., New Bedford, Massachusetts 02745, in accordance with the accompanying Plans and Specifications prepared by the CSS Architects Inc., 107 Audubon Road, Bldg 2, Suite 300, Wakefield, MA 01880 (781) 245-8400, 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:

$ (numerical)

(written bid amount)

Sub-bid as follows:

Sub-trade Name of Filed Sub- Bidder

Sub-Bid Amount Bond Required (Yes or No)

Acoustical Tile Ceilings

Total of Sub-Bid: $ (Numerical)

(Written)

The Undersigned agrees that each of the above name 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.

D) The undersigned agrees that, if he is selected as General Contractor, he will, within ten (10) 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 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.

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 and that will comply fully with all laws and regulations applicable to awards made subject to Massachusetts General Laws Chapter 149.

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 M.G.L. Section 29F of chapter 29, or any other applicable debarment provisions of any other chapter of the General Laws or any rule or regulation promulgated there under.

The undersigned hereby certifies, under penalty of perjury, that the said undersigned has paid all State Taxes (Income Taxes, Unemployment Taxes, Excise Taxes, Real Estate Taxes, etc., etc. due in compliance with the Tax Laws of the Commonwealth of Massachusetts M.G.L.

Chapter 30C Sections 47A thru 49A.

The undersigned further certifies that the said undersigned shall comply with the City of New Bedford "Bidders Affirmative Action Requirements, as contained in the bidding requirements of these project specifications.

Date: Company:

Name of General Bidder:

(Print)

Name of General Bidder:

(Authorized Signature) (Title)

Business Address:

Telephone #: Email:

Note: If the bidder is a corporation, indicate the State of Incorporation under the signature and affix the Corporate seal; if a partnership, give full names and residential address if different from the business address.

PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS: That we ___________________

________________________________ a_____ ______________________________________

(Name of Contractor) (Corporation, Partnership, Joint Venture or Individual) hereinafter called "Principal" and ______________________________ of _________________, (Surety)

State of ________________________ hereinafter called the “Surety” and licensed by the State

(City and State)

Division of Insurance to do business under the laws of the Commonwealth of Massachusetts, are held and firmly bound to the City/Town of _________________, Massachusetts, hereinafter called "Owner", in the penal sum of ______________________________________________ Dollars ($___________________) in 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 and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the Owner, dated the ______________ day of __________________, 20___, for the construction described as follows:

NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such work, and all insurance premiums on said work, and for all labor, performed in such work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect.

PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of this contract or to the work or to the specifications.

PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

IN WITNESS WHEREOF, this instrument is executed in ____ ( ) counterparts, each one of which shall be deemed an original, this the _________ day of _____________________, 20__.

ATTEST:

Principal

______________________________ By ______________________________ (Principal Secretary)

(Address-Zip Code)

______________________________ (SEAL)

Witness as to Principal

(Address-Zip Code)

ATTEST:

Surety

______________________________ By ______________________________

(Attorney-in-Fact)

(Address-Zip Code)

______________________________ (SEAL)

Witness as to Surety

(Address-Zip Code)

NOTE: Date of Bond must not be prior to date of Contract. If Contractor is a

Partnership, all partners should execute Bond.

MASSACHUSETTS

NON-COLLUSION AND TAX COMPLIANCE FORM

CERTIFICATE OF NON-COLLUSION

The undersigned certified under penalties of perjury that this proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word “person” shall mean any natural person, business, partnership, corporation, union, committee, club or other organization, entity or group of individuals.

Signature of individual submitting proposal

Name of business/organization

TAX COMPLIANCE CERTIFICATION

Pursuant to M.G.L. c. 62C, §49A, I certify under the penalties of perjury that, to the best of my knowledge and belief, I am in compliance with all laws of the Commonwealth relating to taxes reporting of employees and contractor, and withholding and remitting child support.

Signature of person submitting proposal

Name of business

MASSACHUSETTS

VOTE OF CORPORATION AUTHORIZING

EXECUTION OF CORPORATE AGREEMENTS

At a meeting of the Board of Directors of duly called and held on , 20 at which a quorum was present and acting throughout, the following vote was duly adopted.

VOTED: That , the of the corporation, be and hereby is authorized to affix the Corporate Seal, sign and deliver in the name and behalf of the corporation contract documents with the City of New Bedford, the above mentioned documents to include but not be limited to Proposals, Proposals, Deeds, Purchase and Sales Agreements, Agreements, Contracts, Leases, Licenses, Releases and Indemnifications; and also to seal and execute, as above, surety company bonds to secure proposals and proposals and the performance of said contract and payment for labor and materials, all in such form and on such terms and conditions as he/she, by the execution thereof, shall deem proper. A true copy.

ATTEST:

Name (printed)

(Affix Corporate Seal) Signature

Title Date

LLC CERTIFICATE OF INCUMBENCY AND AUTHORITY

_______________________________________________________, LLC

I, ____________________________________________________________, do hereby certify that:

1. I am the duly elected and acting ________________ of ___________________________________ LLC, a limited liability company organized and existing in good standing under the laws of the State of

____________________ (the “Company”).

2. Attached hereto as Exhibit A is a true and correct copy of resolutions which were duly adopted by the members of the Company on ______________________________, 20_____.

3. The attached resolutions have not been amended, rescinded or modified and are in full force and effect on the date hereof in the form originally adopted, and are in conformity with the Articles of Organization and Operating Agreement of the Company.

4. Attached hereto as Exhibit B is a true and correct copy of the Articles of Organization dated

_________________, 20_____ and the Operating Agreement dated _________________, 20____.

5. The attached Articles of Organization and Operating Agreement have not been amended, rescinded, or modified and are in full force and effect on the date hereof.

6. The following persons are the Authorized Officers of the Company in the capacities indicated, and the signatures set forth after their names and titles are their true and genuine signatures.

Name Office Signature

Witness, my signature and the seal of the Company this _____ day of ___________________, 20____.

Name:

Title:

I HEREBY CERTIFY THAT I HAVE RECEIVED THE FOLLOWING ADDENDUM

ADDENDUM #’S

Person submitting proposal

Company Name

Please include this form with your submission, if applicable.

OSHA CERTIFICATION REQUIREMENT

Pursuant to G.L. c. 30, §39S, the Contractor hereby certifies under penalties of perjury as follows:

(1) Contractor is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed in the work;

(2) 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 they shall furnish documentation of successful completion of said course with the first certified payroll report for each employee; and

(3) All employees to be employed in the work subject to this contract 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.

_______________________________________, as

Signature

________________________________________, of

Position

________________________________________, on

Company/Corporation/Joint Venture/Partnership/Etc.

Date

BIDDER’S QUALIFICATIONS AND REFERENCE FORM

All questions must be answered, and the data given must be clear and comprehensive. Please type or print legibly. If necessary, add additional sheet for starred items. This information will be utilized by the City of New Bedford for purposes of determining bidder responsiveness and responsibility with regard to the requirements and specifications of the Contract.

1. FIRM NAME:_________________________________________________________________

2. WHEN ORGANIZED: ___________________________________________________

3. INCORPORATED? _____YES ______ NO DATE AND STATE OF INCORPORATION:___________________

4. IS YOUR BUSINESS A MBE? _____ YES _____ NO WBE? _____ YES ____ NO OR MWBE? _____ YES _____

NO

5. LIST ALL CONTRACTS CURRENTLY ON HAND, SHOWING CONTRACT AMOUNT AND ANTICIPATED

DATE OF COMPLETION:

6. HAVE YOU EVER FAILED TO COMPLETE A CONTRACT AWARDED TO YOU?

_____ YES _____NO

IF YES, WHERE AND WHY?

7. HAVE YOU EVER DEFAULTED ON A CONTRACT? ______ YES ______ NO

IF YES PROVIDE DETAILS.

8. LIST YOUR VEHICLES/EQUIPMENT AVAILABLE FOR THIS CONTRACT:

9.IN THE SPACES FOLLOWING, PROVIDE INFORMATION REGARDING CONTRACTS COMPLETED BY YOUR FIRM SIMILAR IN NATURE TO THE PROJECT BEING BID. A MINIMUM OF THREE (3) CONTRACTSSHALL BE LISTED.

PUBLICLY BID CONTRACTS ARE PREFERRED, BUT NOT MANDATORY.

PROJECT NAME: ______________________________________________________________

OWNER: _____________________________________________________________________

CITY/STATE:__________________________________________________________________

DOLLAR AMOUNT: $___________________ DATE COMPLETD: _____________________

PUBLICLY BID? ____ YES ____ NO TYPE OF WORK: _____________________________

CONTACT PERSON: _____________________________________________

PHONE NUMBER: ________________________ EMAIL: ___________________________

CONTACT PERSON’S RELATION TO PROJECT: _____________________________

(i.e., contract manager, purchasing agent, etc.)

PROJECT NAME: ______________________________________________________________

OWNER: _____________________________________________________________________

CITY/STATE:__________________________________________________________________

DOLLAR AMOUNT: $___________________ DATE COMPLETD: __________________

PUBLICLY BID? ____ YES ____ NO TYPE OF WORK: _____________________________

CONTACT PERSON: _____________________________________________

PHONE NUMBER: ________________________ EMAIL: ___________________________

CONTACT PERSON’S RELATION TO PROJECT: ___________________________

(i.e., contract manager, purchasing agent, etc.)

PROJECT NAME: ______________________________________________________________

OWNER: _____________________________________________________________________

CITY/STATE:__________________________________________________________________

DOLLAR AMOUNT: $___________________ DATE COMPLETD: _____________________

PUBLICLY BID? ____ YES ____ NO TYPE OF WORK: _____________________________

CONTACT PERSON: _____________________________________________

PHONE NUMBER: ________________________ EMAIL: ___________________________

CONTACT PERSON’S RELATION TO PROJECT: _____________________________

(i.e., contract manager, purchasing agent, etc.)

10. The undersigned certifies that the information contained herein is complete and accurate and hereby authorizes and request any person, firm, or corporation to furnish any information requested by the City of New Bedford in verification of the recitals comprising this statement of Bidder’s qualifications and experience.

DATE: __________ COMPANY NAME: ___________________________________________

SIGNATURE: ________________________________________________________

PRINT NAME: __________________________________ TITLE: ____________________________________

TELEPHONE: ______________________________________ EMAIL: ___________________________________

END OF SECTION

Bid Submission Checklist

THE GENERAL BIDDER SHALL SUBMIT ALL THE FOLLOWING FORMS AS A PART OF ITS BID SUBMISSION, AND SHALL SUBMIT AN ELECTRONIC COPY OF SUCH TO:

The City of New Bedford Purchasing Department

133 William Street Room 208 New Bedford, MA 02740

Bidnet Direct: https://www.bidnetdirect.com/massachusetts/newbedford

(1) Certificate of Understanding: Certification of Compliance with Executive Order 11246"

(2) Schedule of Participation for Minority, Woman & Disadvantaged Business Enterprises

(3) Letter of Intent - for each MBE/WBE/DBE Participation

(4) MBE/WBE Contractor Identification Statement - for each MBE/WBE/DBE

(5) Bidder's Certification - must be completed and signed by the General Contractor and all

Subcontractors who will work on the project (to include MBE/WBE/DBE and non MBE/WBE/DBEs)

(6) If applicable, a completed and signed MBE/WBE/DBE Unavailability Certification in the event that the work listed on the Schedule is not sufficient to fulfill the Requirement for MBE/WBE/DBE Participation. This certification must include a statement by the bidder of the reasons why it believes it is in compliance with this Provision, and a list of the names, addresses, telephone numbers and reason given for unavailability of the Minority /Woman/ Disadvantaged Contractor who was contacted by the Bidder with respect to the performance of work under the contract.

111-25

SAMPLE CONTRACT

CONTRACT #

STANDARD VERTICAL CONSTRUCTION CONTRACT

For Projects Subject to M.G.L. c. 149, §44A-J

CITY - CONTRACTOR AGREEMENT

This agreement (“Contract”) is made as of the ____ day of _______ 2025, by and between the City of New Bedford acting by and through it’s ___________ with a principal place of business at 133 William Street, New Bedford, MA 02740 hereinafter referred to as the “City” and __________________ with a principal place of business at __________________, hereinafter referred to as the “Contractor”.

Terms used in this Contract which are defined in the General Conditions of the Contract shall have the meanings designated therein.

The City and the Contractor agree as follows:

Section 1 - Scope of Work: The Work under this Contract is defined as all work required by the Contract Documents for the construction of _______________ located at _____________City of New Bedford Contract No. _______ in accordance with and as described in the IFB _________ Plans and Specifications.

Section 2 - Time for Completion: The Contractor shall commence the Work under this Contract, within 15 calendar days from the date of the City’s mailing of this executed contract, unless otherwise directed in writing by the City, and shall be substantially completed on or before _____.

The Contract may be extended upon a mutually agreed upon change order in accordance with Articles 2.3.B and 6.7.A.5 of the General Conditions.

Section 3 - Contract Price: The City shall pay the Contractor, in current funds, for the performance of the Work, subject to additions and deductions by Approved Change Order(s), the Contract Price of ______________________________________ with no approved alternates. The Contract Price shall not be increased by more than 20% cumulatively through change orders.

Section 4 - Approved Subcontractors: The filed Subcontractors listed in the Contractor’s General Bid submitted by the Contractor have been approved for the performance of the specified portions of the Work.