31166_Elevator_Maintenance_and_Repair_at_Various_Locations.pdf

File No

COC-CIFB-FY27-31166

PROJECT MANUAL

City of Cambridge

Elevator Maintenance and Repair at

Various Locations

Department of Public Works

Cambridge, MA

September 3, 2026

TABLE OF CONTENTS

FILE COC-CIFB-FY27-31166

TABLE OF CONTENTS

PART 1- GENERAL DOCUMENTS

DIVISION OF BIDDING AND CONTRACT REQUIREMENTS

00010 Invitation to Bid 00100 Information for and Instructions to Bidders 00150 Abbreviations, References, Permits and Fees 00210 City of Cambridge Employment Plan 00213 City of Cambridge Responsible Employer Plan 00216 Living Wage Ordinance 00222 City CORI Ordinance and Policy 00230 Truck Safety Ordinance and Regulations

00300* Form for General Bid 00310 Bid Bond 00311* MBE Forms 00313* General Contractor’s Certification 00315* Projected Workforce Certification

00010-1 to 00010-2 00100-1 to 00100-9 00150-1 to 00150-3 00210-1 to 00210-2 00213-1 to 00213-4 00216-1 to 00216-14 00222-1 to 00222-4 00230-1 to 00230-10

00300-1 to 00300-6 00310-1

00311-1 to 00311-6 00313-1

00315-1 00321* OSHA Training Forms ................. 00321-1 00322* CORI Form 00322-1 00323* Americans with Disabilities Act 00323-1 00325* Wage Theft Protection Certification 00325-1 to 00325-2 00326* Written Information Security Policy (WISP) Affirmation ................. 00326-1 1-10* Prime/General Contractor Update Statement Form

* Forms also provided separate from Project Manual for Bidder’s use.

00500-1 to 00500-2 00610-1 00620-1 00660-1

1-31 1-2

00800-1 to 00800-62

1-17

00500 Agreement 00610 Performance Bond 00620 Payment Bond 00660 Certificate of Authority 00670 Department of Labor Standards 00680 Department of Labor Standards Statement of Compliance

00800 General Conditions

Technical Specifications

Appendix:

1. Elevator Building List

2. Elevator Preventative Maintenance Checklists

-Bi-Monthly Elevator Maintenance -Annual Elevator Maintenance -Semi-Annual Elevator Maintenance -Quarterly Elevator Maintenance -Monthly Elevator Maintenance

END OF TABLE OF CONTENTS

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File No.COC-CIFB-FY27-31166

INVITATION FOR BID

The City of Cambridge, Massachusetts, the Awarding Authority, invites sealed bids for the project:

Elevator Maintenance and Repair at Various Locations

Bidding procedures shall be in accordance with M.G.L. c. 149, and all other applicable laws.

Scope of Work: Elevator Maintenance and Repair at Various Locations

DCAMM Certification:

All parties desiring to submit general bids must submit with their bids a copy of the Contractor's certificate of eligibility (DCAMM Form) and an update statement (DCAMM Form), both in the work category of: Elevators

The estimated project value is: $2,040,000.00 including two (2) optional renewal years.

The contract award is solely based on the Year One Total.

Plans and specifications will be available beginning from Thursday September 3, 2026, on the City’s e-Procurement Portal located via:

https://procurement.opengov.com/portal/cambridgema

All general bids and all filed sub-bids shall be accompanied by a bid deposit in an amount not less than five percent (5%) of the value of the bid.

The successful general bidder will be required to furnish a Performance Bond and a Labor and Material (Payment) Bond in the amount of one hundred percent (100%) of the contract sum. Bonds shall be obtained from a surety licensed to do business in the Commonwealth of Massachusetts and the form shall be satisfactory to the City of Cambridge.

Sealed general bids shall be submitted to the e-Procurement Portal via https://procurement.opengov.com/portal/cambridgema prior to 2:00PM on Thursday, September 24, 2026.

All questions must be submitted in the e-Procurement Portal not later than 2:00 PM on Thursday, September 10, 2026. An Addenda will be issued to notify all bidders of questions and answers.

The City of Cambridge reserves the right to reject any or all general bids if it is in the public interest to do so. The City of Cambridge reserves the right to reject any sub-bid on any sub-trade if it determines that such sub-bid does not represent the sub-bid of a person competent to perform the work as specified or that less than three such sub-bids were received and that the prices are not reasonable for acceptance without further competition.

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No less than the prevailing wage rates as set forth in the schedule contained in the Contract Documents must be paid on this project.

Attention is called to the following programs and ordinances of the City of Cambridge:

1. Minority Business Enterprise Program

2. Cambridge Employment Plan: minority/women/resident-hiring ordinance.

3. Cambridge Responsible Employer Plan

4. Living Wage Ordinance

5. OSHA Certification

6. CORI City Policy

7. Written Information Security policy (WISP) Affirmation

8. Truck Safety Ordinance

Copies of the above are bound in the bid documents and are fully integral portions of the conditions of the contract with which each contractor and sub-contractor must comply.

Elizabeth Unger, Purchasing Agent

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INFORMATION FOR AND INSTRUCTIONS TO BIDDERS

DIVISION 00100

1. DEFINITIONS AND TERMINOLOGY

Article 1, Definitions, of the General Terms and Conditions of the Contract for Construction, Reconstruction, Installation, Demolition, Maintenance, or Repair of any City of Cambridge Public Building ("General Terms and Conditions") are incorporated by reference as if fully rewritten herein. In the event of a conflict between the within definitions and those found in the General Terms and Conditions, the former govern for the purposes of these Instructions only. All other terms which are not herein defined have their ordinary dictionary meaning.

ADDENDUM (ADDENDA, PLURAL)-An Addendum is a document issued by the City prior to the opening of the General Bids which clarifies, amends, or modifies the Bidding Documents.

ALTERNATE BID-An Alternate Bid (or An Alternate) is an amount that is either added to or deducted from the Base Bid depending on the designation on the Bid form.

BASE BID-A Base Bid is the sum proposed by a Bidder to perform the Work and does not include any Alternate Bids.

BID-A Bid is a proposal to do the Work for a specified sum and includes accompanying forms which are required to be submitted.

BIDDER-A Bidder is a person who or an entity that submits a Bid pursuant to M.G.L. c. 149, §§44E and/or F and thus includes Filed Sub-Bidders, except when specifically referred to as either General Bidder or Sub-Bidder. The pronouns "it" and "they" are used herein when referring to a Bidder or Bidders, respectively.

BIDDING DOCUMENTS-The Bidding Documents are comprised of the entire Project Manual, which includes, but is not limited to, the Invitation to Bid (advertisement), the Instructions to Bidders, all of the forms (e.g., Bid forms, sample Agreement form, bond forms), the wage rates, the General Terms and Conditions of the Contract, any supplementary terms and conditions thereto, the Plans, the Specifications, and all addenda.

BUSINESS DAYS-Business days are defined as all days of the week excluding Saturdays, Sundays, and those holidays for which the City offices are closed for observance.

FILED SUB-BID/SUB-BID-A Filed Sub-Bid, or Sub-Bid, is a Bid submitted pursuant to M.G.L. c.

149, §44F.

FILED SUB-BIDDER/SUB-BIDDER-A Filed Sub-Bidder, or Sub-Bidder, is a person who or an entity that has submitted a Sub-Bid pursuant to M.G.L. c. 149, §44F. The pronouns "it" and "they" are used herein when referring to a Filed Sub-Bidder or Filed Sub-Bidders, respectively.

GENERAL BID-A General Bid is a Bid that is submitted pursuant to M.G.L. c. 149, §§44E.

GENERAL BIDDER-A General Bidder is a person who or an entity that submits a General Bid pursuant to M.G.L. c. 149, §§44E. The pronouns "it" and "they" are used herein when referring to a General Bidder or General Bidders, respectively.

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PURCHASING DEPARTMENT-The Purchasing Department refers to the City of Cambridge Purchasing Department located at 795 Massachusetts Avenue, Cambridge, MA 02139.

2. COPIES OF BIDDING DOCUMENTS

It is the responsibility of the Bidder to insure that it has obtained a complete set of Bidding Documents. Complete sets of Bidding Documents shall be used in preparing Bids. Neither the City nor the Architect assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents in preparing the Bids.

Distribution of the Bidding Documents is for the sole purpose of obtaining Bids and does not confer a license or grant permission for any other use of the Bidding Documents.

Reference: M.G.L. c. 149, §44B(1).

3. LIST OF BIDDERS

A list of all persons who have requested a set of Bidding Documents are posted at the Purchasing Department and sent on a weekly basis to the Central Register and to such other publications as the Purchasing Department deems appropriate.

4. STATE WAGE RATE REQUIREMENTS

The minimum prevailing wage rates are included with the Bidding Documents and apply to this Project.

5. CITY EMPLOYMENT REQUIREMENTS

The requirements of the Minority Business Enterprise Program, the Cambridge Employment Plan, the Cambridge Responsible Employer Plan, and the Supplemental Equal Employment Opportunity Program are included with the Bidding Documents and apply to this Project.

Each Bidder must review the material provided herein carefully in order to understand the requirements that will be imposed for this Project.

6. QUESTIONS AND INTERPRETATIONS

All questions about the meaning or intent of the Bidding Documents must be submitted in the e- Procurement Portal before the date and time listed on the invitation to bid in the previous section. Any questions received after such time will be answered at the discretion of the City.

Written clarifications or interpretations will be issued by the Purchasing Department in the form of an Addendum. Only questions answered by an Addendum will be binding. Oral clarifications or interpretations will be without legal effect. Addenda will either be emailed or mailed to all persons having received Bidding Documents from the Purchasing Department. All addendums are posted on our website.

Each Bidder shall be responsible for determining that it has received all Addenda issued.

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7. THE BID

Bidder’s Representations.

In submitting a Bid, the Bidder represents that:

• it has read and examined the Bidding Documents thoroughly;

• it understands the Bidding Documents;

• the Bid is made in accordance with the Bidding Documents;

• it has visited the site, has become familiar with the conditions of the site and the surrounding area, and has familiarized itself with local conditions that may in any manner affect cost, progress, or performance of the Work;

• it has correlated its own observations with the Bidding Documents;

• it has found no errors, conflicts, ambiguities, or omissions in the Bidding Documents, except for those that it has brought to the Purchasing Department’s attention either orally at a pre-bid conference or in writing at least seven (7) calendar days prior to submitting its Bid;

• it is familiar with all of the applicable Massachusetts laws affecting its Bid, including, but not limited to, M.G.L. c. 149, §§44A-J, inclusive;

M.G.L. c. 149, §§27, 27B and 29; and M.G.L. c. 30, §§39F, 39I, 39J, 39K, 39L, 39M, 39N, and 39O, is familiar with the applicable rules, procedures, and ordinances of the City, and is familiar with all applicable Federal laws, rules, and regulations and its Bid is in conformity with those laws, procedures, and ordinances; and

• the Bidder has complied with every requirement of these Instructions and that the Bidding Documents are sufficient in scope and detail to indicate and convey an understanding of all terms and conditions for the performance of the Work.

Contents of a bid.

The checklists below are included for the bidders’ convenience and in no way waive or abridge the City’s right to reject any or all bids.

A general Bid must include:

• a completed General Bid form;

• a Bid deposit;

• MBE Forms 1 and 2 or Forms 3 and 4 (City of Cambridge form);

• DCAMM Certification Form and Update Statement;

• Projected Workforce Certification (City of Cambridge form);

• General Contractor’s Certification (City of Cambridge form); and

• OSHA Certification Form

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• CORI Compliance Form

• Americans with Disabilities Act

• Wage Theft Prevention Certification

• Written Information Security Policy (WISP) Affirmation

Note to Filed Sub-Bidders: Every Sub-Bidder duly filing a Sub-Bid with the City shall be bound thereby to every General Bidder not excluded therein from the use thereof; and any variance from such Sub-Bid communicated to a General Bidder shall be of no effect. Reference: M.G.L. c. 149, §§44F(3).

RIGHT TO WAIVE INFORMALITIES AND PERMIT CURATIVE MEASURES.

The City reserves the right to waive any Bid informalities. The City may permit bidders who fail to include all non-statutory, City of Cambridge forms to cure such omission(s) within five days of bid opening, subject to the City’s discretion.

Bid Deposits: Every Bid must be accompanied by a Bid deposit in the form of a Bid bond, certified check on, or a treasurer’s or cashier’s check issued by, a responsible bank or trust company, payable to the City of Cambridge. The Bid bond shall be (a) in a form satisfactory to the City, (b) with a surety company qualified to do business in the Commonwealth and satisfactory to the City, and (c) conditioned upon the faithful performance by the principal of the agreements contained in the Bid. The Bid deposit shall be no less than five percent (5%) of the value of the Bid. Reference: M.G.L. c. 149, §44B(2).

Bids Forms. Each Bid shall be submitted on the Bid form included in the Project Manual. Total Bid price must be stated in both dollar figures and words. In the case of a conflict, written amount shall control over numbers. All blank spaces must be filled. Do not leave any blanks. Print "N/A" in any space not needed or used. The Bid form shall be completed in ink or by typewriter.

Acknowledgment of Addenda. Each Bidder is required to acknowledge the receipt of all Addenda (the numbers of which are to be filled in on the Bid form by the Bidder). The City, in its sole discretion, may deem a Bidder’s failure to acknowledge any Addendum a minor informality.

Submission of a bid.

Prior to the deadline for receipt of Bids, each Bid must be submitted to the e-Procurement Portal.

No late bid submissions will be accepted. It is the responsibility of the Bidder to ensure that its Bid is submitted to the e-Procurement Portal prior to the stated deadline. The deadline for receipt of Bids can be extended by Addendum only.

Bids may not be submitted orally, by facsimile, by telephone, or by any other method except for the methods described above.

Modification of a bid.

A Bid may be modified only by submitting any such modification in the form of a document executed in the same manner as a Bid, designated as a modification to the original Bid and submitted to the e-procurement portal prior to the time designated for the opening of Bids.

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Withdrawal of a bid.

Prior to Bid opening. A Bid may be withdrawn before the time designated for opening Bids. The Bidder requesting such withdrawal must make the request in writing and in a specific manner designated by the City if the City so requires. Withdrawal of a Bid prior to the Bid opening time will not prejudice the right of a Bidder to resubmit a Bid. A Bid cannot be withdrawn after the Bid opening time except as provided by law.

After Bid opening. In the case of death, disability, bona fide clerical error or mechanical error of a substantial nature or other unforeseen circumstances affecting a Bidder, a Bidder may withdraw its Bid after the time designated for Bid opening, if within five (5) days of the date designated for opening its Bid, such Bidder submits a statement under the penalties of perjury to the Purchasing Department detailing the basis for withdrawal. The City will then make a determination as to whether such Bidder has satisfied both the statutory and City requirements for such withdrawal. If the City is satisfied, the Bid Deposit will be returned to such Bidder. Reference: M.G.L. c. 149, §§44B(3) and (4).

Bid opening.

All Bids received prior to the date and time designated for the Bid opening will be opened publicly by the Purchasing Department. Reference: M.G.L. c. 149, §§44E(3) and F(3).

Unforeseen Office Closure If, at the time of the scheduled bid opening, City Hall is closed due to uncontrolled events such as fire, snow, ice, wind, or building evacuation, the bid opening will be postponed to 10:00 AM on the next normal business day. Bids will be accepted until that date and time.

Bidders list.

Sub-bidders. At least two (2) business days prior to the date for opening general Bids, the City shall mail to every person on record as having taken a set of plans and specifications a list of Sub-Bidders arranged by sub-trades and listing for each sub-trade the name, address and Sub- Bid price of every Sub-Bidder submitting a Sub-Bid thereon not rejected by the City and the names of the General Bidders excluded from using such Sub-Bid. A person shall not be named by a General Bidder as a Sub-Bidder for a sub-trade on the General Bid form unless such person is included for such sub-trade in said list. If a General Bidder not excluded in said list from doing so names as a Sub-Bidder for a sub-trade on the General Bid form a person included for such sub-trade in said list at the Sub-Bid price stated in said list, neither the General Bid of such General Bidder nor the general contracted executed on the basis of such General Bid shall be invalid or rejected because of the invalidity of such Sub-Bid, or because of error on said list, nor shall such General Bid be rejected nor shall such general contract be invalid because of any invalid action taken by the City in connection with any Sub-Bid or Sub-Bids; but there shall be a substitution of Sub-Bidders and an adjustment of the contract price as if paragraph (c) of section forty-four F(4) were applicable. Reference: M.G.L. c. 149, §44F(3).

Public bid review and inspection.

Upon opening, all Bids become public records except for portions thereof that are not subject to public disclosure as a matter of law. Reference: M.G.L. c. 149, §44D(2).

Bids may be reviewed by the public in a manner set forth by the Purchasing Department.

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Any Bidder who objects to a Bid may protest the Bid. In order to be considered, the protest must be received by the Purchasing Department within two (2) business days after the Bid opening date. The protest must be in writing, must state in detail the basis for the protest, and must be signed by the protester.

8. RESERVATION OF RIGHTS TO REJECT BIDS

General and Sub-Bids.

The City reserves the right to reject any or all general Bids, if it is in the public interest to do so.

The City reserves the right to reject any Sub-Bid on any sub-trade, if it determines that such Sub- Bid does not represent the Sub-Bid of a person or entity competent to perform the Work as specified or that less than three such Sub-Bids were received and that the prices are not reasonable for acceptance without further competition. Reference: M.G.L. c. 149, §44E(1).

The City reserves the right to reject any or all Bids if it determines that the Bidder does not possess the qualifications to perform the Work specified in the Bidding Documents.

The City reserves the right to reject the Bid of any Bidder who the City has determined has not completed a prior project, whether with the City or elsewhere, because of the fault of the Bidder, its Subcontractors or employees; has been declared in default on a prior contract whether with the City or elsewhere; has failed to complete a prior project in a timely fashion whether with the City or elsewhere; based on its work record, is not capable of performing the Contract whether due to lack of sufficient prior experience, as determined by the City, or any other reason; has a work record of its Subcontractors demanding direct payment from the City; has a work record of its Subcontractors, employees or material suppliers complaining to the City or other awarding authority regarding the Bidder’s failure to pay them; has a record of complaints made to the City or other awarding authority by persons offended by the behavior of the Bidder, its Subcontractors or employees; or has a record of its failure to comply with the Commonwealth and/or City laws or requirements. "Work record" or "record" constitutes a minimum of one event in the work history of the Bidder.

Sub-Bids.

Within two business days after the Bid opening, the City shall reject every Sub-Bid which is not accompanied by a Bid deposit as prescribed in sub-section (2) of section forty-four B, or which otherwise does not conform with sections forty-four A to forty-four H, inclusive, or which is on a form not completely filled in, or which is incomplete, conditional or obscure, or which contains any addition not called for; provided, however, that the failure of the City to reject such Sub-Bid within such period shall not validate such a Sub-Bid nor preclude the City from subsequently rejecting it.

No Sub-Bid shall be rejected because of the failure to submit prices for or information relating to any item or items for which no space is provided on the Sub-Bid form furnished by the City, but this sentence shall not be applicable to any failure to furnish prices or information required by section forty-four F to be furnished in the Form for Sub-Bid. Reference: M.G.L. c. 149, §44F(3).

General Bids.

The City shall reject every general Bid which is not accompanied by a Bid deposit as prescribed in sub-section (2) of section forty-four B, or which otherwise does not conform with sections forty-four A to forty-four H, inclusive, or which is on a form not completely filled in, or which is incomplete, conditional or obscure, or which contains any addition not called for. No such Bid shall be rejected because of the failure to submit prices form or information relating to any item or items for which no specific space is provided in the Bid form furnished by the City. No General Bid shall be rejected (1) because the sum of the prices for all work of the general contractor and

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Sub-Bids does not equal the General Bid price set forth on the Bid form for that purpose or (2) because of error in setting forth the name, the Sub-Bid price of a Sub-Bidder, or the total Sub- Bids as long as the Sub-Bidder or Sub-Bidders designated are clearly identifiable, or (3) because the plans and specifications do not accompany the Bid or are not submitted with the Bid.

Reference: M.G.L. c. 149, §44E(3).

9. AWARD OF CONTRACT

A Contract will be awarded based on the appropriation and availability of funds. The City shall award the contract to the lowest responsible (demonstrably possessing the skill, ability, and integrity necessary to faithfully perform the work called for by the Contract, based upon a determination of competent workmanship and financial soundness in accordance with the provisions of M.G.L. c. 149, §44D-see M.G.L. c. 149, §44A(1)) and eligible (able to meet all requirements for Bidders set forth in M.G.L. c. 149, §§44A-H and not debarred from bidding under §44C or any other applicable law, and who shall certify that it is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed on the work-see M.G.L.

c. 149, §44A(1)) General Bidder within thirty (30) Business Days after the date of the opening of the General Bids. If the Bidder selected as the general contractor fails to perform its agreement to execute a general contract in accordance with the terms of its Bid and furnish a performance bond and a labor and materials or payment bond as stated in its Bid in accordance with M.G.L. c.

149, §44E, an award shall be made to the next lowest responsible and eligible Bidder, subject to the provision of M.G.L. c. 149, §§44A-H, inclusive. The thirty-day time limit shall not be applicable to a second or subsequent award made after the expiration of the time limit with the consent of the next lowest responsible and eligible Bidder, and made because the original award made within the time limit was invalid, or because the Bidder failed to execute the Agreement or to provide a performance and labor and materials or payment bond.

Any General Bidder who fails to perform its agreement to execute a Contract and furnish a performance bond and a labor and materials or payment bond shall forfeit its Bid deposit which shall become the property of the City, but the amount forfeited shall not exceed the difference between its Bid price and the Bid price of the next lowest responsible and eligible bidder.

Reference: M.G.L. c. 149, §44B(3).

If a selected Sub-Bidder fails to perform its agreement to execute a sub-contract with the General Bidder selected as the general contractor, contingent upon the execution of the general contract, and, if requested to do so in the General Bid by such General Bidder to furnish a performance and payment bond as stated in its Sub-Bid in accordance with §44F(2), the Bid deposit of such Sub-Bidder shall become and be the property of the City as liquidated damages, provided that the amount retained shall not exceed the difference between its Bid price and the Bid price of the next lowest responsible and eligible Sub-Bidder. Reference: M.G.L. c. 149, §44B(4).

The City will notify the selected General Bidder and all other Bidders of the award by updating the Tab Sheet on the Purchasing Department website.

The City will submit to the selected General Bidder a Notice of Award and at least three (3) unsigned copies of the Agreement between the City and the Contractor. The selected General Bidder will be required to return to the Purchasing Department within five (5) business days of the date notice of award all of the copies of the Agreement between the City and the Contractor signed, its performance bond, its labor and materials or payment bond and all required certificates of insurance. Failure of the selected General Bidder to submit all of the required documents in a timely fashion may result in the withdrawal of the award. The City will return one fully signed copy of the Agreement to the Contractor. Time is of the essence in the performance of the Agreement.

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10. COMPLETION TIME

Bidder must agree to commence work on or before seven days following receipt of a written "Notice to Proceed" of the Owner. Contract Term: One year with two (2) one-year options to renew at the sole discretion of the City. The City reserves the right to extend the contract for a set period should the City determine such extension is in the best interest of the City.

Elizabeth Unger Purchasing Agent

END OF INFORMATION FOR AND INSTRUCTIONS TO BIDDERS

00150-1

ABBREVIATIONS AND REFERENCES

AASHTO - American Association of State Highways and Transportation Officials

ASTM - American Society of Testing Materials

MHD - Massachusetts Highway Department (formerly MDPW, Massachusetts Department of Public Works)

Where reference is made to a specification by one of the above-mentioned or other relevant agencies, it is understood that the latest revision thereof shall apply.

In case of conflict, the specification issued by the City of Cambridge shall take precedence over the above-noted specifications.

PERMITS AND FEES

The contractor shall obtain Public Works Department permits to obstruct or excavate the public way prior to beginning work. Permit fees shall be waived. The contractor shall contact directly the Cambridge Traffic, Parking, and Transportation Department for permit requirements and fees.

Permits to excavate the public way cannot be issued until the applicant has notified the appropriate utility companies, as required by Massachusetts General Laws, Chapter 370 of the Acts of 1963. The applicant must either: 1) obtain written receipts from the affected utilities, and provide copies of same to the owner; or 2) utilize the Dig-Safe System for the required notifications, and also submit written notifications for those utilities not participating in the Dig-Safe System. Written notifications must state that utility companies have been notified and the contractor cleared to begin work.

The following utility companies must be notified in writing:

M.B.T.A. 617-222-6133 Attention: Ms. Pat Cargill Supt. Of Transportation 21 Arlington Ave.

Charlestown, MA 02129

M.W.R.A. Sewer Division 617-242-6000 100 First Avenue Charlestown Navy Yard Boston, MA 02129

M.W.R.A. Water Division 617-242-6000 100 First Avenue Charlestown Navy Yard Boston, MA 02129

The following utility companies must be notified in writing or through Dig-Safe.

Algonquin Gas Transmission Corp.

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Attention: Mr. John Sheridan 617-560-1444 Manager of Land and Public Relations Evening No. 1-800-726- 1284 Soldiers Field Road Brighton, MA 02135

Verizon 781- 939-3652 Attention: Mr. Bob Millirick 475 Wildwood St.

Woburn, MA 01801

NSTAR Electric Planning 617-541-5736 Attention: Mr. William Lemos Right of Way 1165 Massachusetts Avenue Dorchester, MA 02125

KeySpan Gas 617-323-9210 Attention: Mr. Dennis Peri 201 Rivermoor Street West Roxbury, MA 02132

N-Star Electric Construction 617-541-7805 Attention: Brian McDevitt 1165 Mass. Ave.

Dorchester, MA 02125

N-Star Steam 617-497-1236 Attention: Mr. Thomas Connelly x12 Supervisor of Maintenance 46 Blackstone Street Cambridge, MA 02139

N-Star Gas 617-369-5591 Attention: Mr. Kevin Kelly 101 Linwood St.

Somerville, MA 02143

Comcast 617-562-4241 Attention: Mr. Jeff Harrington 28 Travis Street Allston, MA 02134

Cambridge Public Works Department Main Number 617-349-4800 Attn. Permits Department 617-349-4833 147 Hampshire Street Cambridge, MA 02139

Cambridge Water Department

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250 Fresh Pond Parkway 617-349-4770 Cambridge, MA 02138

Cambridge Fire Alarm Department 489 Broadway 617-349-4900 Cambridge, MA 02138

Dig-Safe 1-800-322-4844 At least a 72-business hour notice is required for DIG SAFE in Massachusetts.

The Contractor shall have all utilities marked out along the course of this work by such means as the Owner shall approve and shall preserve such marked locations until the work has progressed to the point where the encountered utility is fully exposed and protected as required. It shall be the Contractor's responsibility to notify utilities at least 48 hours prior to the start of any excavation.

The contractor is responsible for contacting any other utilities that are not listed herein.

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CAMBRIDGE EMPLOYMENT PLAN

MUNICIPAL ORDINANCE SECTIONS 2.66.060, ET SEQ.

MINORITY/ WOMEN/ RESIDENT HIRING

HIRING REQUIREMENTS

On any construction project which is funded in whole or in part by City, State or Federal funds, or funds which the City expends or administers in accordance with a federal grant, or on any construction project for which the City is a signatory to the construction contract, the worker hours shall be performed as follows:

1. No less than TWENTY-FIVE PERCENT (25%) of the total employee worker hours shall be performed by BONA FIDE CAMBRIDGE RESIDENTS. A Cambridge resident is any person for whom the principal place where that person normally eats and sleeps and maintains his or her normal personal and household effects is within the City of Cambridge.

2. No less than TWENTY-FIVE PERCENT (25%) of the total employee worker hours shall be performed by MINORITY PERSONS. Minority persons mean and include those persons who are Black, Hispanic, Asian, Native American, or Cape Verdean.

3. No less than TEN PERCENT (10%) of the total employee worker hours shall be performed by WOMEN.

COMPLIANCE, ENFORCEMENT, SANCTIONS

1. All contractors entering into construction contracts shall:

a. Certify that they have read the provisions Cambridge Municipal Ordinance ¤2.66.060, et seq. (a copy of which follows) and that they shall comply with them;

b. List all job openings with Employment Resources, Inc. ("ERI") and keep accurate records as to action taken on referrals from that agency;

c. Maintain personnel records listing names, addresses, sex and race of their employees;

and require their subcontractors to do likewise. All records required to be maintained by this section shall be made available on request to representatives of the Cambridge Community Development Department. All such records shall be maintained for the duration of the construction project and for one year thereafter.

2. Failure to comply with these requirements will result in the imposition of sanctions permitted by the Cambridge Municipal Code and any other applicable laws or provisions.

3. The following standards will be used to determine whether the Contractor has acted in good faith in attempting to meet the requirements of Cambridge Municipal Ordinance ¤2.66.060, et seq. for hiring residents, minorities and women:

The Contractor must demonstrate that it has done all of the following except where such requirement would conflict with a collective bargaining agreement:

a. Prior to construction and during construction, when necessary, it posted jobs with ERI and all appropriate trade unions and requested that referrals be made in the proportions necessary to meet the CEP's employment standards;

00210-2

b. It interviewed all qualified applicants and returned completed interview forms to ERI within one week of each respective interview;

c. It provided the City with the name and telephone number of the person designated as Compliance Officer to work directly with the City; and

d. It has submitted to the City a projection of workforce needs over the course of construction of the project. Such submission shall reflect the needs, by trade, for each month of the construction process.

In addition, at the discretion of the City, contractors may be required to comply with the following:

a. Place its own ads in local and local minority newspapers or tabloids;

b. Place a State Department Employment and Training ad.

00213-1

ORDINANCE NUMBER 1260

Final Publication Number 2965. First Publication in the Chronicle on July 31, 2002.

In the Year Two Thousand and Two

AN ORDINANCE

In amendment to the Ordinance entitled “Municipal Code of the City of

Cambridge”

Be it ordained by the City Council of the City of Cambridge as follows:

That Title 2 of the Municipal Code entitled “Administration and Personnel” be amended in Chapter 2.66 entitled “Cambridge Employment Plan” by striking out Section 2.66.080 entitled “Contractor qualifications and sanctions” and substituting in place thereof the following new section.

Section 2.66.080 Contractor qualifications and sanctions.

A. All bidders and all subcontractors under the bidder for projects subject to G.L.

c. 149, §44A(2) and G.L. c 30 §39M shall, as a condition for bidding, agree in writing that they shall comply with the following obligations:

1. The bidder and all subcontractors under the bidder shall comply with the Cambridge Employment Plan as it currently exists and as it may, from time to time, be amended, and specifically shall comply with the worker hours requirements of Section 2.66.060(A).

2. The bidder and all subcontractors under the bidder must comply with the obligations established under G.L. c. 149 and G.L. c 30 §39M to pay the appropriate lawful prevailing wage rates to their employees.

4. The bidder and all subcontractors under the bidder must furnish, at their expense, hospitalization and medical benefits for all their employees employed on the project and/or coverage at least comparable in value to the hospitalization and medical benefits provided by the health and welfare plans in the applicable craft recognized by G.L. c. 149, §26 and G.L. c 30 §39M in establishing minimum wage rates.

5. The bidder and all subcontractors under the bidder must maintain appropriate industrial accident insurance coverage for all the employees employed on the project in accordance with G.L. c. 152.

6. The bidder and all subcontractors under the bidder must properly classify employees as employees rather than independent contractors and treat them accordingly for purposes of workers' compensation insurance coverage, unemployment taxes, social security taxes and income tax withholding in accordance with G.L. c. 149, §148B and G.L. c 30 §39M.

B. All bidders and subcontractors under the bidder who are awarded or who otherwise obtain contracts on projects subject to G.L. c. 149, §44A(2) and G.L. c 30 §39M shall comply with the obligations numbered 1 through 6 as set forth in subsection

00213-2

A of this section for the entire duration of their work on the project, and an officer of each such bidder or subcontractor under the bidder shall certify under oath and in writing on a weekly basis that they are in compliance with such obligations.

C. Any bidder or subcontractor under the bidder who fails to comply with any one of obligations 1 through 6 as set forth in subsection A of this section for any period of time shall be, at the sole discretion of the City Manager, subject to one or more of the following sanctions: (1) cessation of work on the project until compliance is obtained; (2) withholding of payment due under any contract or subcontract until compliance is obtained; (3) permanent removal from any further work on the project; (4) liquidated damages payable to the City in the amount of five percent of the dollar value of the contract.

D. In addition to the sanctions outlined in subsection C of this section, a general bidder or contractor shall be equally liable for the violations of its subcontractor with the exception of violations arising from work performed pursuant to subcontracts that are subject to G.L. c. 149, §44F and G.L. c 30 §39M. Any contractor or subcontractor who has been determined to have violated any of the obligations set forth in subsections A and B of this section shall be barred from performing any work on any future projects for six months for a first violation, for three years for a second violation, and permanently for a third violation.

E. The provisions of this section shall not apply to construction projects for which the low general bid was less than one hundred thousand dollars or to work performed pursuant to subcontracts that are subject to G.L. c. 149, §44F and G.L. c 30 §39M and that were bid for less than twenty-five thousand dollars, or to re-bids for construction projects for which the City receives fewer than three qualified general contract bidders in the original bid. (Ord. 1162, 1995)

In City Council September 9, 2002.

Passed to be ordained.

Yeas 8; Nays 0; Absent 1.

Attest:- D. Margaret Drury, City Clerk.

A true copy;

ATTEST:-

D. Margaret Drury City Clerk

00216-1

ORDINANCE NUMBER 1376

Final Publication Number 3390. First Publication in the Chronicle on November 5, 2015.

In the Year Two Thousand and Fifteen

In amendment to the Ordinance entitled “Municipal Code of the City of Cambridge”

Be it ordained by the City Council of the City of Cambridge that the Municipal Code of the

City of Cambridge be amended as follows:

Chapter 2.121

LIVING WAGE ORDINANCE Sections:

2.121.010 Title and Purpose

2.121.020 Definitions

2.121.030 Living Wage

2.121.040 Waivers and Exceptions

2.121.050 Notification Requirements

2.121.060 Duties of covered Employers

2.121.070 Community Advisory Board

2.121.080 Enforcement

2.121.090 Severability

2.121.100 Effective Date

2.121.010 Title and Purpose.

This Chapter shall be known as the"Cambridge Living Wage

Ordinance". The purpose of this ordinance is to assure that employees of the City of

Cambridge and employees of City contractors, subcontractors and beneficiaries of tax abatements, loans, grants, subsidies and other assistance provided by the City earn an hourly wage that is needed to support a family of four.

2.121.020 Definitions.

For the purposes of this ordinance, the term:

(a) "Applicable Department" means the Personnel Department for employees of the City of

Cambridge, the Purchasing Department, with the advice and assistance of the appropriate department which receives the services, for Covered Employers who contract or subcontract with the City of Cambridge, the School Department for employees, contractors and subcontractors of the School Department, and the City Manager's Office for any other Person who is a

Beneficiary of assistance other than a contract or subcontract.

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(b) "Assistance" means:

(1) any grant, loan, tax incentive, bond financing, subsidy, or other form of assistance valued at least $10,000 that an employer receives by or through the authority or approval of the City of Cambridge, including, but not limited to, c. 121A tax abatements, industrial development bonds, Community Development Block Grant (CDBG) loans and grants, Enterprise Zone designations awarded after the effective date of this Chapter, and the lease of City owned land or buildings below market value; and

(2) any service contract, as defined herein, of at least $10,000 with the City of

Cambridge that is made with an employer to provide services pursuant t o G . L . C . 3 0 B o r o t h e r p u b l i c procurement laws, awarded, renegotiated or renewed after the effective date of this Chapter.

(3) any service subcontract, as defined herein, of at least $10,000.

(c) "Beneficiary" means:

(1) any person who is a recipient of Assistance;

(2) any company or person that is a tenant or sub-tenant, leaseholder or sub-leaseholder of a recipient of Assistance, provided that said company or person employs at least 25 persons and occupies property or uses equipment or property that is improved or developed as a result of Assistance, after the effective date of this Chapter; and

(d) Covered Employer" means the City of Cambridge or a Beneficiary of Assistance, but does not include a Covered Building Services Employer.

(e) "Covered Employee" means:

(1) a person employed by the City of Cambridge except for persons in those posit ions l isted in Section 2.121.040(j) of this ordinance; and

(2) a person, other than a Covered Building Service Employee, employed by a Covered Employer, or a person employed by an independent contractor doing business with a Covered Employer, who would directly expend any of his or her time on the activities funded by the contract or the activities for which the Beneficiary received the Assistance, except for persons in those positions listed in Section 2.121.040(j) of this ordinance.

(f) "Living Wage" has the meaning stated in Section 2.121.030.

(g) "Person" means one or more of the following or their agents, employees, servants, representatives, and legal representatives: individuals, corporations, partnerships, joint ventures, associations, labor organizations, educational institutions, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, fiduciaries, and all other entities recognized at law by the

Commonwealth of Massachusetts.

(h) “Service Contract” means a contract let to a contractor by the City of Cambridge for the furnishing of services, to or for the City, except contracts where services are incidental to the

00216-3 delivery of products, equipment or commodities. A contract for the purchase or lease of goods, products, equipment, supplies or other property is not a “service contract” for the purposes of this definition.

(i) “Service Subcontract” means a subcontract primarily for the furnishing of services, to or for a recipient of Assistance, except where services are incidental to the delivery of products, equipment or commodities. A contract for the purchase or lease of goods, products, equipment, supplies or other property is not a “service subcontract” for the purposes of this definition.

(j) “Covered Building Service Employee” means any person performing building service work for a Covered Building Service Employer, either directly or through a contract or subcontract.

(k) “Building Services” or “Building Service Work” means work performed in connection with the cleaning of buildings and security guard services.

(l) “Covered Building Service Contract” means a contract or subcontract to provide Building

Services to the City of Cambridge or any of its departments or subdivisions.

(m) “Covered Building Service Contractor” or “Covered Building Service Employer” means an entity providing Building Services on a Covered Building Service Contract or subcontract with the City or any of its departments or subdivisions.

(n) “Standard Compensation” has the meaning stated in Section 2.121.040.

2.121.030 Living Wage.

(a) Applicability. Covered Employers shall pay no less than the Living Wage to their employees.

(b) Amount of wage. The Living Wage shall be calculated on an hourly basis and shall be no less than $10.00, subject to adjustment as provided herein. The Living Wage shall be upwardly adjusted each year no later than March first in proportion to the increase at the immediately preceding December 31 over the year earlier level of the Annual Average

Consumer Price Index for All Urban Consumers (CPI -U) Boston-La wre nce -Sa l e m, M A

- NH, as published by the Bureau of Labor Statistics, United States Department of Labor applied to $10.00.

(c) No reduction in collective bargaining wage rates. Nothing in this Chapter shall be read to require or authorize any beneficiary to reduce wages set by a collective bargaining agreement.

(d) Cuts in non-wage benef i t s prohibited. No Beneficiary will fund wage increases required by this Chapter, or otherwise respond to the provisions of this Chapter, by reducing the health, insurance, pension, vacation, or other non-wage benef i t s of any of i t s employees.

2.121.040 “Standard Compensation”

(a) Applicability. Covered Building Services Employers shall pay no less than the Standard

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Compensation to Covered Building Service Employees.

(b) Standard Compensation shall include the standard hourly rate of pay for the relevant classification.

(c) Amount. (i)The “Standard Hourly Rate of Pay” for Covered Building Service Employees other than for security guards shall be the greatest of the following:

(1) The Living Wage rate as defined in 2.121.030; or

(2) the prescribed rate of wages as determined by the director of the department of labor standards pursuant to section 27H of chapter 149 of the General Laws of Massachusetts;

(ii)The “Standard Hourly Rate of Pay for security guards” shall be the greatest of the following:

(1) The Living Wage rate as defined in 2.121.030; or

(2) the prescribed rate of wages as determined by the director of the department of labor standards pursuant to section 3 of chapter 195 of the Massachusetts Acts of 2014; or

(3) the hourly rate paid to workers in the relevant classification under a preceding Building Service

Contract.

(iii) The Standard Hourly Rate of Pay for Covered Building Service Employees other than for security guards shall be annually adjusted to be no less than the greatest of the following:

(1) the previous hourly rate of pay increased by the annual percentage difference between the current Boston-La wr e nc e -Sa l e m, M A - NH Consumer Price Index (CPI) for all items for

All Urban Consumers and the same CPI for the same month of the previous year, or

(2) the current prescribed rate of wages as determined by the director of the department of labor standards pursuant to section 27H of chapter 149 of the General Laws of Massachusetts.

(iv) The Standard Hourly Rate of Pay for security guards shall be annually adjusted to be no less than the greatest of the following:

(1) the previous hourly rate of pay increased by the annual percentage difference between the current Boston-La wr e nc e -Sa l e m, M A - NH Consumer Price Index (CPI) for all items for

All Urban Consumers and the same CPI for the same month of the previous year, or

(2) the current prescribed rate of wages as determined by the director of the department of labor standards pursuant to section 3 of chapter 195 of the Massachusetts Acts of 2014.

(v) “Standard Benefits” for Covered Building Service Employees other than for security guards shall be an hourly supplement furnished by a Covered Building Service Employer to a Covered

Building Service Employee in one of the following ways: (1) in the form of health and other benefits (not including paid leave) that cost the Covered Building Service Employer the entire required hourly supplemental amount; (2) by providing a portion of the required hourly supplement

00216-5 in the form of health and other benefits (not including paid leave) and the balance in cash; or (3) by providing the entire supplement in cash. The required hourly supplemental rate shall be equal to the greatest of the following: (1) the monetary value of the health and other benefits (not including paid leave) provided under the prescribed rate of wages as determined by the director of the department of labor standards pursuant to section 27H of chapter 149 of the General Laws of

Massachusetts; or (2) twenty percent (20%) of the standard hourly rate of pay.

(vii) “Standard Benefits for security guards” shall be an hourly supplement furnished by a Covered

Building Service Employer to a Covered Building Service Employee in one of the following ways:

(1) in the form of health and other benefits (not including paid leave) that cost the Covered Building

Service Employer the entire required hourly supplemental amount; (2) by providing a portion of the required hourly supplement in the form of health and other benefits (not including paid leave) and the balance in cash; or (3) by providing the entire supplement in cash. The required hourly supplemental rate shall be equal to the greatest of the following: the monetary value of the health and other benefits (not including paid leave) provided under the prescribed rate of wages as determined by the director of the department of labor standards pursuant to section 3 of chapter 195 of the Massachusetts Acts of 2014; or (2) twenty percent (20%) of the standard hourly rate of pay.

(viii) For the purposes of this section, “benefits” shall not include workers compensation or other legally mandated insurance, nor shall it include the value of any benefit for which the Covered

Building Service Employee is eligible, but for which no payment is…