BOSTON WATER AND SEWER COMMISSION

PURCHASING DIVISION

980 HARRISON AVENUE

BOSTON, MA 02119

CONTRACT

NO. 26-201-006

FOR

OVERHEAD DOORS MAINTENANCE

& REPAIR SERVICES

AS PER BWSC SPECIFICATIONS

BID OPENING DATE: SEPTEMBER 9, 2026 @ I0:00 AM

BID DEPOSIT: 5%

PAYMENT BOND: 100%

PERFORMANCE BOND: 100%

PRE-BID CONFERENCE: AUGUST 27, 2026 @ 10:00 AM

VENDOR:

Revised 11//19

TABLE OF CONTENTS

Notice to Bidders Pages 3-6

Identification of Bidders Pages 7-8

Authority of the Commission Page 9

Certificate of Authority Page 10

Performance Bond Page 11

Payment Bond

Certificate of Non-Collusion Page 12

State Tax Compliance Certificate Page 13

Purchase Contract and Contract Terms Pages 14-25

Signature Page 25

Specifications Appendix A

Form of Proposal Appendix B

INSTRUCTIONS

1. The Bidders’ attention is directed to pages captioned ”Notice to Bidders” Information to Bidders

Special Conditions and Supplements which sets forth policies and procedures for the submission of bids, bid deposits, performance and Payment bonds, Massachusetts Prevailing Wage Rates, OSHA

Training and the contract award.

2. Bidders are required to provide all information requested in the section of this package captioned

“Identification of Bidder”. The failure to provide this information may result in the Bidder’s disqualification.

3. Before submitting a bid, each Bidder shall fully inform itself of all conditions and specification pertaining to the goods described in the Specifications (“Specifications”) and the terms and conditions of sale contained in the Purchase Contract.

4. Bidders are to prepare Bid items, on the proposal Page

5. This package, consisting of the following items: Instructions, Notice to Bidders, Supplements, Identification of Bidders, Authority of the Commission, Certificate of Authority, form of

Performance/Payment Bond. Certificate of Non-Collusion, State Tax Compliance Certificate, Purchase Contract and Contract Terms, Form of Proposal and Contract Specifications constitutes the complete Contract Book.

6. The Contract Book must be signed on the last page by the Bidder and returned to the Director of

Procurement (with all pages intact) sealed in an Envelope identifying the proposed bid

7. All information requested on the face of the Bid Envelope must be completely filled in by the

Bidder.

8. Alternate proposals will not be considered.

9. FOB – All goods shall be shipped FOB Boston Water and Sewer Commission’s place of business in Boston, Massachusetts unless otherwise designated in a Purchase Order.

10. The Commission or its designee reserves the right to disqualify as incomplete any bid which in the

Commission’s sole discretion and judgment fails to materially comply with these instructions.

NOTICE TO BIDDERS

1. INVITATION

1.1 The Boston Water and Sewer Commission, hereinafter designated as the

“Commission”, 980 Harrison Avenue, Boston, Massachusetts 02119, by its Director of

Procurement, invites bids for the purchase and sale of goods or services described in the

Specifications annexed to the Purchase Contract as Schedule A, attached hereto and made a part hereof.

2. SUBMISSION AND WITHDRAWAL OF BIDS

2.1 Bids shall be submitted to the Commission at the above address, utilizing the forms in the Contract Book. Bids shall be properly and completely filled out, signed and filed with the Director of Procurement sealed in a Envelope, and plainly marked with a descriptive title of the Goods or Services to be supplied. The Bid shall be filed prior to the time designated in the Invitation for Bids.

2.2 A Bidder may not withdraw its Bid after the time designated for submission of Bids. In addition, a Bidder selected as a Prospective Contractor pursuant to Section 7.2 below may not withdraw its Bid prior to the award of the Contract by the Commission unless no award has been made within the time specified in Section 7.2.

3. BID DEPOSITS; PERFORMANCE AND PAYMENT BONDS

3.1 If required by the Invitation for Bids, each Bidder shall submit with its Bid a deposit in the form of a bid bond, cash, or certified, treasurer’s or cashier’s check issued by a bank or trust company acceptable to the Commission, payable to the order of the “Boston

Water and Sewer Commission” in the sum specified in the Invitation for Bids. The bid deposit shall become the property of the Commission as liquidated damages if, after a

Bid is accepted, the Bidder fails to furnish a required performance and or payment bond in the amount and within the time stated in the Invitation for Bids.

3.2 If required by the Invitation for Bids, the successful bidder (as hereinafter defined) shall provide the Commission with a performance and or payment bond from a security company qualified to do business in Massachusetts, a certificate of deposit, certified, treasurer’s or cashier’s check issued by a bank or trust company acceptable to the

Commission, payable to the order of the “Boston Water and Sewer Commission” in the penal sum of not greater than the full amount of the estimated contract price and satisfactory to the Director of Procurement as security for the faithful performance of the Contract. The Bidder shall deliver such security to the Director of Procurement within the time required by the Invitation for Bids.

4. SPECIFICATIONS

4.1 Before submitting a Bid, each Bidder shall study the Specifications and fully inform itself as to all conditions pertaining to performance of the Contract including, specifically, the Specifications for the Goods, if any.

4.2 All questions as to the interpretation of the Specifications shall be submitted in writing to the Director of Procurement and if the Director determines that the question raises a genuine issue as to the meaning of the Specifications which must be clarified to enable

Bidders to prepare Bids, then a written answer to such questions will be sent by the

Director to every prospective Bidder on record as having taken the Contract Book.

No questions will be answered unless received at least seven (7) days prior to the date and time set for opening Bids.

4.3 By submitting a Bid, each Bidder acknowledges that it has made its Bid from its own examinations and estimates and has not relied upon any representation or warranty by the Commission, its agents or employees. Each Bidder agrees that it shall not hold the

Commission, its agents or employees, liable or responsible for, or bound by, any schedule, estimate, or plan, and shall, if any error in any plan, drawing, specification or direction relating to anything to be done under the Contract comes to its knowledge, report it at once to the Director of Procurement.

5. PREPARATION OF PROPOSALS, PRICES

5.1 Each Bidder shall submit its Bid using the attached forms. The Bidder shall supply a contract price and shall specify a unit price, in both words and figures, for all Goods for which a quantity is stated in the Invitation for Bids, and shall also show the product of the respective unit prices and quantities written in figures in the column provided for that purpose and the total amount of the Bid obtained by adding the amounts of the several items. All words and figures shall be in ink. In case of a discrepancy between the unit prices and the total sum of all the items, the unit prices shall govern. Failure to bid on each and every item may lead to the rejection of a Bid in its entirety.

5.2 All prices stated in a Bid shall be firm prices for the term of the Purchase Contract unless the Bidder specifically states that its prices are subject to change, in which case the Bidder shall specify in detail the circumstances by which and when a price increase may be imposed and the maximum percentage increase which may be imposed during the term of the Contract. Attention of Bidders is called to the Purchase Contract, Article 5 – Price, Taxes and Terms.

6. ASSURANCES OF PERFORMANCE

Before a Contract is awarded, the Bidder may be required to furnish, without expense to the Commission, a statement of the origin, composition and manufacturer of the Goods proposed to be furnished or used in the manufacturer, fabrication, or assembly of the

Goods, or to be used in connection with the services to be performed, together with any samples of the Goods or of work of a similar nature previously performed by the

Bidder. The Commission may conduct tests on any samples provided by a Bidder, as the Commission deems necessary to properly evaluate the sample and the Bidder’s ability and experience in the type of work it is required to perform pursuant to this

Contract. The Commission shall have no liability to the Bidder for any damage to the sample resulting from such testing. The Commission also may require a Bidder to provide the Commission with financial information reasonably required to allow the

Commission to determine if the Bidder has sufficient financial resources to enable it to fulfill its obligations under the Contract.

7. AWARD OF CONTRACT

7.1 Bids will be publicly opened and read at the office of the Director of Procurement on the date and time specified in the Invitation for Bids.

7.2 Within ten (10) business days after opening the Bids, the Commission shall select at least three prospective contractors (“Prospective Contractors”). The bid deposit of any

Bidder not selected shall be returned upon the award of the Contract, unless the bid deposit of the contractor to whom the Contract is awarded is retained in full or partial satisfaction of any applicable performance or payment bond requirement.

The Prospective Contractors shall hold their bids open for sixty (60) calendar days after the opening of the bids during which time and subject to approval by the Commission’s

Board of Commissioners the Contract shall be awarded to one of the Prospective

Contractors pursuant to Section 7.3, below. If the award of the Contract requires the approval of an officer, board or agency of the federal government, then the award shall be made within sixty (60) calendar days after such approval is received by the

Commission and the Prospective Contractors shall hold their bids open for such extended period of time.

7.3 An award typically will be made to the Bidder which offers the lowest bid price and who otherwise meets the requirements set forth herein. If two or more equally responsive and low bids are received from two or more equally responsible Bidders, then the Commission may take into consideration when awarding the Contract whether the Bidders (i) comply with any MBE/WBE goals for commodities or services, (ii) are doing business within the City of Boston, (iii) propose to furnish Goods manufactured or assembled within the City of Boston or Commonwealth of Massachusetts and/or (iv) are Minority or Women Owned Business Enterprises.

7.4 Notwithstanding anything contained herein to the contrary, the Executive Director reserves the right to reject, in whole or in part, any and all Bids and to award a Contract to any Bidder that, in the sole discretion of the Executive Director, offers the

Commission the best value or whose Bid is in the best interest of the Commission.

8. EMPLOYMENT OF COMMISSION PERSONNEL

The employment by any Bidder of personnel on the payroll of the Commission is not permitted in the performance of this Contract even though such employment may be outside of the employee’s regular working hours or on weekends, Holidays or during vacation time. In addition, in the performance of the Contract, the employment by the

Bidder of personnel who have been on the Commission’s payroll within one year prior to the date of this Contract award is also prohibited. Further, no employee or former employee of the Commission may be employed in the performance of this Contract if he or she worked on the subject matter of this Contract while employed by the

Commission.

IDENTIFICATION OF BIDDER

Company Name: ________________________________________________________

Business Address: _______________________________________________________

Telephone #: ___________________________________________________________

The Bidder is (an): _________________________________________________________

(Individual) (Partnership) (Corporation) (Limited Liability Company)

The full names and address of all persons who have an interest in this Bid. A person shall be deemed to have an interest in a bid if the person is a manager or member of a limited liability company or if the person is, with respect to a corporation, an officer, director or a person owning ten (10%) percent or more of the issued and outstanding shares of stock of that corporation.. :

(To be completed if Bidder is a Partnership, Limited Partnership or Limited Liability Partnership)

State full name and address of all partners, including general partners and limited partners having a

10% or greater interest in the partnership:

(To be completed if Bidder is a corporation or a limited liability company)

Corporation or LLC is incorporated or formed in the State of_______________________

Name of President is: ______________________________________________________

Name of Treasurer is: ______________________________________________________

Name of Clerk is: _______________________________________________________

Name of Manager(s) is: ____________________________________________________

Place of business, if any, in Boston is: _________________________________________

If the Bidder is a foreign business entity, please complete or provide the following:

a. The Power of Attorney required by General Laws, C.181 S.3 was filed.

b. The Certificate and copy of its Chapter, Article or Certificate of Incorporation or formation required by General Laws, C.181 were filed on:

c. A certificate from the Massachusetts Secretary of State evidencing that that the business entity is qualified to do business in the Commonwealth of Massachusetts

If the Bidder is an individual doing business under a name other than his own name, then the Bid must identify the name and address of the individual and include evidence that the individual has filed a d/b/a certificate with the Clerk for the city or town where the business maintains its principle office.

If the Bidder is a Corporation, then the Bid must bear the seal of the corporation and must be signed by a duly authorized officer or agent of such corporation.

If the Bidder is a Limited Liability Company, then the Bid must be signed by a Manager or Member who is qualified to execute contracts on behalf of the company.

By submitting a Bid, the Bidder warrants and represents that the only persons interested in the Bid as principals are named herein and that no official, employee, or agent of the Commission has a direct or indirect financial or other interest in the Bid, the Bidder, in any Contract which may be awarded, or in any monies that may be paid by the Commission or revenue that may derived from the award of the

Contract. Each Bidder also represents and warrants that its Bid is made in good faith without fraud, collusion, or connection of any kind with or to any other Bidder for the same Goods and/or services, that it is competing in its own interest and in its own behalf without connection or obligation to any undisclosed person or entity, and that no other person or entity has any interest in the income, revenue or profit of the Contract.

AUTHORITY OF THE COMMISSION

A VOTE OF THE COMMISSION, DULY TAKEN AT A MEETING DULY HELD,

AUTHORIZING AND APPROVING THIS CONTRACT, ITS EXECUTION, PERFORMANCE

AND DELIVERY, IS ANNEXED HERETO AND INCORPORATED BY REFERENCE HEREIN.

IN WITNESS WHEREOF, THE PARTY EXECUTING THE PROPOSAL PAGE AND THE

UNDERSIGNED HAVE HEREUNTO SET THEIR HANDS AS OF THE DATE WRITTEN

BELOW.

BY: _______________________________________________

HENRY F. VITALE

EXECUTIVE DIRECTOR

SIGNED THIS DATE: _________________________________

APPROVED AS TO FORM:

OFFICE OF THE GENERAL COUNSEL

A-1

SCHEDULE A

SPECIFICATIONS AND BID FORM

BOSTON WATER AND SEWER COMMISSION

IFB 26-201-006

OVERHEAD DOOR MAINTENANCE AND REPAIR SERVICES

TABLE OF CONTENTS

Page

1. Notice to Bidders A-2

2. Commission’s Mission Statement A-3

3. General Scope of Work A-3

4. Qualifications and Past Performance Requirements of Bidders A-3

5. Award Requirements A-4

6. Statutes, Codes, and Manufacturer’s Requirements A-4

7. Conflict A-4

8. Labor A-4

9. Labor and Prevailing Wage A-5

10. Anti-Discrimination Clause A-5

11. Compliance With Specifications A-5

12. Duties and Rights of Commission A-5

13. Certain Responsibilities of Contractor A-6

14. Insurance A-6

15. Materials A-7

16. Licenses and Permits A-7

17. Commencement of Work A-7

18. Method of Payment A-7

19. Bond Extension A-7

20. Repairs and Replacements A-8

21. Additional Work Outside Contract Specifications A-8

22. Unfinished Work A-8

23. New Equipment A-8

24. Contractor’s Failure to Perform, and Contract Termination A-8

25. Contractor’s Release of Information A-8

26. Environmental Considerations A-9

27. Modification of Contract Scope and Specifications A-9

28. Scope of Services A-9

29. General Conditions A-13

30. Bid Form A-14

31. Hours of Work A-15

32. Personnel and Control A-15

33. City of Boston Code, Ordinances, Chapter IV, Section 4-8 A-15

34. Retail Sales Act Exemption A-16

Appendix A-Overhead Door Inventory List

Appendix B-Overhead Door Inspection Form

Appendix C-Bidder’s Certification Statement and Bid Form

Appendix D- City of Boston Code, Ordinances, Chapter IV and Bulletin

Appendix E-Massachusetts Prevailing Wage Rates

A-2

1. NOTICE TO BIDDERS

Sealed bids will be received by the Boston Water and Sewer Commission (“Commission”), for

IFB 26-201-006 , Title: “Overhead Door Maintenance and Repair Services” at Commission

Headquarters Building, 980 Harrison Avenue, Boston , Massachusetts 02119 and Material

Handling Facility, 180-220 Alford Street, Boston, Massachusetts 02129, (“Contract”).

Sealed bids for the Contract submitted in a form furnished by the Commission will be received on

September 9, 2026, at 10:00 AM, Eastern Standard Time or Eastern Daylight Time, whichever is in effect at the time, at the Boston Water and Sewer Commission, in the Office of the

Purchasing Department, 3rd Floor, 980 Harrison Avenue, Boston, Massachusetts 02119, Attn: Maria Gomes, Director of Procurement. All bids will be publicly opened and read aloud in Office of the Purchasing Department. Any bid received after the time and date specified will not be considered.

Each bid must be enclosed in a sealed envelope clearly endorsed with the name and address of the bidder, Contract Number and Title.

The term of this Contract is from October 1, 2026, through September 30, 2029 with an option to extend twice in one-year increments. Funding for this contract will be subject to the availability of budgeted funds.

A PRE-BID CONFERENCE AND TOUR FOR THE CONTRACT WILL BE HELD ON

THURSDAY, AUGUST 27, 2026 AT 10:00 AM AT THE BOSTON WATER AND SEWER

COMMISSION HEADQUARTERS BUILDING, 980 HARRISON AVENUE, BOSTON,

MASSACHUSETTS.

Vendors must report to the Mailroom Window at the Rear Employee entrance. Staff will contact the Facilities Department and arrangements will be made to escort vendors to the Training Room.

All prospective bidders are encouraged to attend the Pre-Bid Conference and Tour.

The Pre-Bid Conference and Tour is intended to afford bidders the opportunity to review the

Commission’s facilities in regards to the intended work of the contract. The Commission will attempt to answer any bidder questions regarding the work of the contract that may arise during the tour; however, all resulting bidder questions must be submitted in writing to the

All questions by prospective bidders as to the interpretations of the Scope of Work, Form of Bid, Form of Contract, Plan or Specifications must be submitted via the BidNet portal by 4:00 PM on Friday, August 29, 2026.

The Commission will then, via the Bidnet Portal, respond to all questions so raised, which in the

Commission’s opinion require interpretation. Oral interpretations shall not be binding.

Messenger and other types of pickup and delivery services are the agents of the bidder, and the

Commission assumes no responsibility for delivery or receipt of the documents.

The bidding documents may be obtained via BidNetDirect.com.

2. COMMISSION’S MISSION STATEMENT

A-3

The Commission’s mission is to provide a safe, secure workplace for employees and customers, assuring that all who enter the facility have a pleasant business environment and can transit common areas without incident; and to efficiently maintain the building within budget, recognizing that it functions as a place of business.

In the performance of this Contract, the Contractor will carry-out its work under the principles of this Mission.

3. GENERAL SCOPE OF WORK

The work consists of providing overhead door maintenance and repair services as specified herein at the Commission Headquarters Building, 980 Harrison Avenue, Boston, Massachusetts 02119 and the Material Handling Facility, 180-220 Alford Street, Boston, Massachusetts 02129. These specifications contain the performance requirements for the overhead door maintenance and repair services work.

4. QUALIFICATIONS AND PAST PERFORMANCE QUALIFICATIONS

The importance of offices and related work areas and equipment at the Commission’s

Headquarters Building and Material Handling Facility to remain at original specifications and quality requires that such janitorial services be performed by a responsible and eligible Contractor who has satisfactorily, or better, provided overhead door maintenance and repair services on a regular basis at such other facilities under other contracts of the same totality and scope.

Each bidder shall furnish with his/her bid:

1) Authorized Signature(s).

2) A Bid Bond in the amount of 5% of the total bid price.

For the implementation of these specifications, the successful bidder shall use qualified personnel as specified in the Contract, statutes and state regulations.

Failure on the part of the Contractor to comply fully with the requirements in the Contract herein, shall constitute a breach of Contract subject to a monetary penalty as shall be determined by the

Commission for each Contractor’s employee used who does not meet the requirements set forth in these referenced sections.

The Contractor shall be fully covered by insurance for accidents and/or liability relative to death or injury to persons (both Contractor employees and non-Contractor employees) resulting from any action or act of the Contractor or any of Contractor’s employees while on Commission premises.

No bid will be accepted unless all the information requested for inclusion in the bid is provided therein.

5. AWARD REQUIREMENTS

The successful bidder, within five (5) days, Sundays and Holidays excluded, after notification that bidder’s bid has been accepted, shall furnish a Payment Bond (labor and materials) and a

Performance Bond, for the full amount of the Contract by a surety company qualified to do

A-4 business under the laws of the Commonwealth and satisfactory to the Commission. Attorneys-in-fact who sign Contract bonds must file with each bond a certified copy of their power of attorney to sign said bonds.

The successful bidder will provide a Certificate of Insurance for the minimum amounts specified in Part I - General Contract, Section XIV: Insurance.

The successful bidder will provide OSHA training certificates for each person employed at the worksite.

6. STATUTES, CODES AND MANUFACTURER'S REQUIREMENTS

The Contractor shall comply with all Federal, State, and Local statutes, codes and regulations.

Where no Federal, State, or Local statute, code or regulation exist, the Contractor shall comply with the established codes of recognized National, State, or Local associations.

The Contractor shall comply with all manufacturer's requirements regarding operation and safety.

The well-being of people and buildings must be considered.

7. CONFLICT

Where there is conflict between the specifications contained herein and Federal, State, Local statute, code, or regulation, the latter shall apply and supersede all else to the contrary.

Where there is conflict between the specifications contained herein and the manufacturer's requirements, the latter shall supersede unless such Federal, State, or Local statutes dictate otherwise.

Where there is conflict between Federal, State, or Local statute, code or regulation and the manufacturer's requirements, the Contractor shall notify the Commission for appropriate resolution and determination before action of any kind is taken.

8. LABOR

The Contractor shall personally supervise the work and shall keep competent managers, supervisors, foreman and sufficient competent skilled workers thereon, and carry on the work with all proper speed, in accordance with the law and to the satisfaction of the Commission.

The Contractor shall inform himself/herself as to and shall comply with all State and National Laws applicable to, and governing labor, employees and the employment of persons under the Contract.

9. LABOR AND PREVAILING WAGE

The minimum rate of wages to be paid for work performed under the Contract shall be as established by the Division of Occupational Safety under the provision of Section 26 and 27, Chapter 149 of the General Laws. Labor and Prevailing Wages will apply to this contract and are attached herein as Appendix E.

In the employment of mechanics, teamsters, chauffeurs and laborers on the stipulated work, preference shall first be given to citizens of the Commonwealth who have served in the Armed

A-5

Forces of the United States in time of war and who have been honorably discharged therefrom or released from active duty therein, and who are qualified to perform the work to which the employment relates; and secondly to citizens of the Commonwealth generally, and if they cannot be obtained in sufficient numbers then to citizens of the United States.

No laborer, workman, mechanic, foreman or inspector working within this Commonwealth in the employ of the Contractor, Subcontractor or other person doing or contracting to do the whole or part of the work contemplated by the Contract, shall be required or permitted to work more than eight

(8) hours in any one day or more than forty (40)-eight (8) hours in any one (1) week, or more than six (6) days in any one (1) week, except in cases of extraordinary emergency.

Every employee under this Contract shall lodge, board and trade where and with whom he/she elects, and neither the Contractor nor his/her agents or employees shall, either directly or indirectly, require as a condition of the employment of any person that the employee shall lodge, board or trade at a particular place or with a particular person.

The Contractor shall inform himself/herself as to, and shall comply with, the provisions of all State and local laws, ordinances and regulations applicable to and governing the work called for in these documents.

10. ANTI-DISCRIMINATION CLAUSE

During the performance of this Contract, the Contractor, for himself/herself, Contractor’s assignees and successors in interest (hereinafter referred to as the "Contractor") agrees as follows:

In connection with the performance of work under this Contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religious creed, national origin, age or ancestry. The aforesaid provision shall include, but not be limited to, the following: employment upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; conditions or privileges of employment; and selections for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees and applicants for employment, notices to be provided by the Massachusetts Commission Against Discrimination setting forth the provision of the fair employment practice law of the Commonwealth.

11. COMPLIANCE WITH SPECIFICATIONS

The specifications are to be deemed a part of this Contract and said specifications and Contract are to be considered together.

The specifications are intended to describe and provide for a finished piece of work.

Notwithstanding, every item necessarily involved is not particularly mentioned and the Contractor will provide all labor and materials necessary for the entire completion of the work intended.

Plans, surveys, measurements, dimensions, calculations, estimates, borings and statements as applicable to the condition under which the work is to be performed are believed to be correct, but the Contractor must examine for himself/herself, as no allowance will be made for any errors, omissions or inaccuracies that may be found therein and the Commission does not guarantee that they are even approximately correct. The Contractor must satisfy himself/herself by his/her own investigation and research regarding all conditions affecting the work to be done and labor and material needed and make his/her bid in sole reliance thereon.

A-6

12. DUTIES AND RIGHTS OF COMMISSION

The Commission’s Executive Director shall decide all questions which may arise as to the conduct, quantity, quality, equality, acceptability, fitness and rate of progress of the several kinds of work and materials to be performed and furnished under this Contract, and shall decide all questions which may arise as to the interpretation of the specifications and as to the fulfillment of this Contract on the part of the Contractor.

13. CERTAIN RESPONSIBILITIES OF CONTRACTOR

The Contractor shall take all responsibility of the work and take all precautions for preventing injuries to persons and property in or about the work; shall bear all losses resulting to him on account of the amount or character of the work. The Contractor shall pay or cause payment to be made for all labor performed or furnished and for all materials used or employed in carrying out this

Contract. The Contractor shall assume the defense of, and indemnify and save harmless, the

Commission, and their officers and agents from all claims relating to labor performed or furnished and materials used or employed for the work to inventions, patents and patent rights used in and in doing the work; to injuries to any person or corporation received or sustained by or from the

Contractor and Contractor’s employees, and Subcontractors and employees, in doing the work, or in consequence of any improper materials, implements or labor used or employed therein; and to any act, omission or neglect of the Contractor and Contractor’s employees therein.

If the Contractor shall be adjudged bankrupt, or if he/she shall make general assignment for the benefit of Contractor’s creditors, or if a receiver shall be appointed of Contractor’s property, or if the work to be done under this Contract shall be abandoned, or if this Contract or any part thereof shall be sublet without the previous written consent of the Superintendent, or if the Contract or any claim thereunder shall be assigned by the Contractor otherwise than as herein specified, or if at any time the Manager of Facilities shall determine that the conditions herein specified as to the rate of progress are not fulfilled, or that the work, or any part thereof, is unnecessarily or unreasonably delayed, or that the Contractor has violated any of the provisions of the Contract, the Commission may terminate the Contract and hold the Contractor and Contractor’s sureties liable in damages as for breach of Contract by an abandonment thereof by him/her.

All expenses charged under this article shall be deducted and paid by the Commission out of any money then due or to become due to the Contractor under this Contract, or any part thereof, and in such accounting the Commission shall not be held to obtain the lowest figures for the work of completing the Contract or any part thereof, or for insuring its proper completion, or for additional force, equipment and plant that may be employed, but all sums actually paid therefore shall be charged to the Contractor. In case the expenses so charged are less than the sum which would have been payable under this Contract if the same had been completed by the Contractor, the Contractor shall be entitled to receive the difference, and in case such expenses shall exceed the said sum, the

Contractor shall pay the amount of the excess to the Commission upon completion of the work, without further demand being made therefore.

The Contractor shall take charge of and be liable for any loss of or injury to the material for

Contract work delivered at or in the vicinity of the place where the work is being done, whether furnished by the Commission or otherwise; notify the Commission as soon as any such materials are so delivered; allow them to be examined by the Executive Director or designee as soon as any such materials are so delivered; and furnish persons to assist therein, promptly remove from said place and its vicinity to such places as shall be designated by the Commission all materials, refuse and rubbish.

A-7

14. INSURANCE

Please refer to the Commission’s Part I - General Contract, Section XIV: Insurance.

15. MATERIALS

The Contractor must maintain a catalogue of all Material Safety Data Sheets (MSDS) on site at all times for all materials furnished or used or employed under the Contract.

16. LICENSES AND PERMITS

The Contractor shall give all notices, obtain all permits and licenses, pay all charges and other rates therefore, relative to the work in accordance with the requirements of law and of all public authorities, and to the satisfaction of the Manager of Facilities.

17. COMMENCEMENT OF WORK

The Contractor shall commence work on October 1, 2026 and with the Execution of the Contract or unless otherwise ordered in writing by the Executive Director.

The entire work shall be done in a diligent and thoroughly workmanlike manner and in accordance with the specifications and with the best practice for the particular type of work involved. Nothing in these specifications shall be construed as an excuse for departing from said best practice. All work done shall be the best of its respective kind, unless otherwise specified, and shall be subject to the approval of the Manager of Facilities.

The Contractor shall take all necessary precautions to protect the property of the Commission from injury or unnecessary interference and he/she will be held responsible for all damage that may, in any way, be done to the Commission’s property by any of Contractor’s employees or by any person or persons, instrument or device, directly or indirectly employed by him, and he/she shall replace or repair any such damaged property to the satisfaction of the Manager of Facilities at Contractor’s sole expense.

18. METHOD OF PAYMENT

The method of payment shall be as follows: Within thirty (30) days after receipt from the

Contractor, an invoice noting payment of the amount due for the preceding month for work approved by the Commission, the Commission will make a payment to the Contractor for the work performed during the preceding month.

The Commission may make changes in any periodic estimate submitted by the Contractor and the payment due on said periodic estimate shall be computed in accordance with the changes so made.

Massachusetts General Laws Chapter 30, Section 39K, is applicable to contracts for maintenance and repair.

19. BOND EXTENSION

The Contractor may be required by the Commission to extend the Contractor’s bond, (should bonding be applicable), if at the expiration of said Contract any major deficiencies exist in the building equipment or systems. This extension shall continue until such equipment has been repaired or replaced to the satisfaction of the Manager of Facilities.

A-8

20. REPAIRS AND REPLACEMENTS

If at any time during the period of one (1) year from the date of final completion of the work, as determined by the Commission, any part of such work shall in the opinion of the Commission require replacing or repairing, or damage to other property of the Commission is caused by any defect in the work, the Commission may notify the Contractor in person or by mail to make the required repairs or replacement and repair such damage. If the Contractor shall neglect to make such repairs or replacements to the satisfaction of the Commission within ten (10) days from the date of giving or mailing such notice, then the Commission may employ another Contractor to make the same. The Contractor agrees, upon demand, to pay to the Commission all amounts which it expends for such repairs or replacements.

21. ADDITIONAL WORK OUTSIDE CONTRACT SPECIFICATIONS

Any work not provided for in these specifications shall be done only when expressly authorized by the Commission in writing. The Contractor shall furnish itemized statements of the cost of extra work ordered, including a charge of 15% for profit and overhead. The amount and value of such extra work shall finally be determined by the Manager of Facilities subject to the provisions of

Massachusetts Acts and Resolves of 1937, Chapter 407.

22. UNFINISHED WORK

Any deficiencies or unfinished work shall be completed within ninety (90) days of termination or expiration of this Contract unless otherwise approved by the Commission.

23. NEW EQUIPMENT

When new equipment is installed subsequent to the award of this Contract, the Contractor following the expiration of any warrantees shall be responsible to maintain and to repair such equipment. In any instance where the Contractor’s obligations under this section are significant, the Contractor and the Commission shall negotiate such costs as an amendment to this Contract.

24. CONTRACTOR’S FAILURE TO PERFORM, AND CONTRACT TERMINATION

This Contract may be terminated without cause by the Commission by a fifteen (15) day notice to the Contractor at its principle place of business.

Where the Contractor has failed to perform any of the requirements of this Contract, the

Commission shall give notice to the Contractor at its principle place of business citing the specific section of the Contract and specific instance(s) of the Contractor’s lack of compliance. If the

Contractor has failed to correct its lack of performance within the period allowed under this paragraph, the Commission may terminate this Contract by a fifteen (15) day notice to the

Contractor’s principle place of business.

25. CONTRACTOR’S RELEASE OF INFORMATION

If at any time the Contractor should receive a request from any public or private entity for information relating to the Contractor’s performance of this Contract, the Contractor shall, prior to releasing such information, notify the Commission.

A copy of any information released shall be provided to the Director of Facilities and Security prior to the release of such information to the entity making the request. No statements shall be made or

A-9 interviews granted to any member of the media relating to the Contractor’s performance of this

Contract unless approved by the Executive Director.

26. ENVIRONMENTAL CONSIDERATIONS

In order to provide for abatement and control of any environmental pollution arising from the activities of the Contractor and his subcontractors in the performance of this Contract, the bidder shall comply with all ordinances, codes, standards and orders, applicable Federal, State and local laws, regulations concerning environmental pollution control and abatement.

27. MODIFICATION OF CONTRACT SCOPE AND SPECIFICATIONS

The Commission may modify or add specifications to this Contract by a thirty (30) day notice to the

Contractor at its primary place of business. Where the Contractor has demonstrated that such change in specifications results in additional cost to the Contractor, this Contract will be modified through a Contract Amendment. Such Amendment will include the Contractor’s cost for labor and materials, and reasonable profit.

28. SCOPE OF SERVCES

In order to maintain the overall integrity of the Commission’s facilities, a building maintenance schedule has been developed to ensure that buildings, equipment, machinery and systems are properly maintained and/or replaced on a routine basis.

The Commission is seeking bids from qualified firms for overhead door maintenance and repair services at the Commission’s Headquarters Building, 980 Harrison Avenue, Boston, Massachusetts 02119 and Material Handling Facility, 180-220 Alford Street, Boston, Massachusetts 02129.

GENERAL INFORMATION

The Commission’s Headquarters Building is a three (3) story office building with an attached two

(2) story parking garage and one (1) story vehicle maintenance facility. The building was constructed in 2001 and is a first-class office building containing approximately 430,000 square feet of office/workspace. All business functions of the Commission are located within the building including Executive, Finance, Administration, Engineering and Operations. The building is operational 24-hours per day, 7-days per week. There are thirty-three (33) overhead doors located at the Commission’s Headquarters Building.

The Commission’s Material Handling Facility is a 1-story building that is primarily used as a warehouse for storage of raw and waste materials relating to the Commission’s maintenance operations, (i.e., waste catch basin/sewer sediments, gravel, and crushed stone). The Facility consists of approximately 32,000 square feet of unheated warehouse space and 2,600 square feet of office/work space. The facility is operational 24-hours per day, 7-days per week. There are three (3) overhead doors located at the Commission’s Material Handling Facility.

A complete inventory list of overhead doors at the Commission’s facilities to be serviced under this contract is contained in Appendix A.

The contractor shall provide all labor, equipment, parts, components and materials needed to perform periodic inspections and preventative maintenance as specified for the Commission’s overhead door systems to attain optimum safety and efficiency levels. The intent of this contract

A-10 service agreement is to enable the Commission to operate more efficiently and incur fewer

“emergencies” through the establishment of a preventative maintenance service program for its overhead doors. Recognizing that preventative maintenance cannot eliminate all mechanical failures, the contractor may be called to respond to repair equipment failures.

The work to be performed under this contract shall consist of furnishing all supplies, materials, labor, supervision, tools, equipment, insurance and permits, necessary to service and maintain all mechanical and electrical equipment for all overhead door systems; inspect, clean and adjust each door to manufacturers’ specifications.

There are two (2) distinct services associated with this contract:

• Scheduled Inspection/Preventative Maintenance: Inspect and perform adjustments and minor repairs as requested by the Commission.

• Unscheduled Corrective Repairs: Furnish parts, materials, and labor subject to the prices, terms and conditions herein to repair/overhaul major components as approved by the

SERVICES

Contractor shall provide emergency service, when required, on a twenty-four (24) hour-a-day, seven (7) days-a-week (24/7) basis with a maximum response time of four (4) hours. The contractor shall provide the Commission with name and telephone number of the emergency contact person(s) for work under this contract.

Maintenance intervals may be adjusted during the agreement period based on equipment run time, application, location and manufacturer’s specifications. Where statistical data on similar equipment indicates that any component’s failure is approaching, that component will be reported to the Commission and at the option of the Commission, shall be repaired or replaced in advance, at the rates quoted herein, to prevent failure.

During repairs, contractor shall replace and during inspection or preventative maintenance, contractor shall recommend replacement of worn, failed or doubtful components and parts.

Replacements will be of like or current design to minimize system depreciation and obsolescence.

Standard preventative maintenance parts are to be included in the bid price for scheduled inspections/maintenance and will not be billed separately. Replacement of major components, (i.e., motors, door panels, springs, cables, etc.), are not considered part of the preventative maintenance program and shall be accomplished with the approval of the Commission and performed at the labor and material rates quoted herein.

Contractor must receive approval from the Commission prior to performing services.

Contractor must submit a signed service report to the Commission after each service call, detailing the work performed, the parts replaced, and the costs associated with each service as applicable.

A-11

All work must be performed in accordance with all applicable federal, state and local statutes, rules, ordinances, etc. to include the requirement that personnel have the appropriate licenses with endorsements for the work performed as applicable.

WORK PROCEDURES

All scheduled inspection/preventative maintenance work is to be performed on a periodic basis as specified by the Commission herein and in accordance with manufacturer’s recommendations. In instances where inspections or preventative maintenance contained herein differ from the manufacturer’s recommended schedule or level of service; the contractor shall bring such difference to the attention of the Commission prior to performance of the scheduled work.

The inspections shall include, but not be limited to, the following work activities as applicable to each door:

• Electrical operation – cycle door and operate all door controls noting any deficiencies in the inspection report.

• Safety edges – observe condition of and test safety edge for proper operation noting any deficiencies on the inspection report.

• Cables – visually inspect all cables, cable clamps and fittings and inspect cable drum noting any deficiencies in the inspection report; adjust cables for proper tensioning.

• Door panels – inspect door panels for structural damage noting any deficiencies in the inspection report.

• Inspect all hardware, hinges, end brackets, bottom brackets, rollers and tracks noting any deficiencies in the inspection report.

• Inspect motor operator and all associated components (belts, wiring, chains, limit switches, brakes, clutch) nothing any deficiencies in the inspection report.

• Adjust limit switch for proper opening and closing mode.

• Check and adjust spring tension, cones, couplers, shafts and ways.

• Lubricate spring.

• Inspect and adjust drums and bearing.

• Inspect cables for excessive wear.

• Inspect and adjust all rollers, hinges and oil thoroughly.

• Check nuts and bolts and tighten as necessary.

• Check weather strip and astragal.

• Check and adjust door for proper operation.

A-12

• Check and adjust bearing, shaft and spring tension.

• Check slats and end locks.

• Check conduction of guides and grease thoroughly.

• Inspect and adjust bearing, shafts, sprockets and chain.

• Check and adjust limit switches to the proper settings.

• Oil drive shaft, bearing and chain.

• Check proper operation of all push buttons and electrical controls.

• Perform overall visual inspection of entire opening, noting any other needed repairs and cost or comments regarding opening in the inspection report.

As part of the inspection service and at no additional charge to the Commission, the following work activities will be performed as applicable to each door:

• Adjust all limit switches for proper opening/closing cycle.

• Adjust brakes and clutches for smooth operation.

• Lubricate all moving parts and hinge points.

• Adjust chain tension on operator.

• Lubricate chains.

• Lubricate tracks and rollers.

• Lubricate springs.

• Realign photo eye for proper operation.

• Lubricate each door according to manufacturer’s specifications.

• Test, clean and adjust all safety features to manufacturer’s specifications.

• Provide a report on each door detailing service performance and any additional maintenance and/or repair recommendations with cost. The contractor will be required to complete a

BWSC Overhead Door Inspection Form for each door when performing preventative maintenance inspections. The BWSC Overhead Door Inspection Form is included herein as

Appendix B.

• Unless furnished under warranty, parts will be charged for in accordance with current published manufacturer’s parts lists, with the appropriate bidder’s mark-up (discount) as submitted in the Price Proposal. All parts and repairs not covered under warranty or inspection service will first need to be submitted as an estimate and will need Commission approval.

A-13

• Provide a sufficient number of technicians trained in the maintenance and repair of all overhead doors and door operating equipment designated in this agreement.

• Maintain and provide supporting documentation of an adequate parts inventory for overhead doors.

Major repairs and overhauls shall be performed at time and materials cost and paid by the

Commission unless such repairs under warranty are due to negligent preventative maintenance or are due to faulty workmanship by the contractor.

29. General Conditions

Safety: The Contractor shall provide, place, and maintain suitable safety guards and barriers for the prevention of accidents during the course of the work under these specifications.

The Contractor shall be responsible for the safety of his employees during the work, this shall include but not be limited to providing and maintaining any safety equipment or protective clothing required to protect his/her employees from injury or harm.

Job Conditions: It is the Contractor’s responsibility to familiarize himself/herself with the site conditions and work conditions. The Commission will not be responsible for any extra costs incurred due to contractor’s unfamiliarity with the site and working conditions.

The Contractor shall be responsible for securing and storing all materials, equipment, and tools off-site unless prior arrangements are made with the Commission for on-site storage.