Gas School IFB Final_06242026~1.pdf

COMMONWEALTH OF MASSACHUSETTS

Department of Fire Services

Invitation for Bid

For Public Works Projects over $50,000

Subject to M.G.L. c. 30, s.39m

Project: DFS Above Ground Storage Tank, Gas Fueled Training Props &

Related Systems: On Call Services for Maintenance and Repair

Bid #: DFS-Gas School-2026

Bid Package Issue Date: July 22, 2026

TABLE OF CONTENTS FOR BID PACKAGE

PART I: Bidder Checklist

Instructions to Bidders

Attachment A: Minimum Wage Rates

Attachment B: Forms Used During Bidding

• Form for General Bid

• Bidders Response Form

PART II: Owner - Contractor Agreement

Exhibit A: Additional Insurance Provisions, if any.

Exhibit B: Sample Forms Used During Contract Award and Execution:

• Corporate Information

• Certificate of Corporate Vote

• Certificate of Compliance with State Tax Laws

• OSHA Training Certification

• EO481- Contractor Certification (Undocumented Workers)

• Certificate of Compliance with Prevailing Wage Laws

• Weekly Payroll Reports

PART III: Supplemental Terms & Conditions

Technical Specifications

PART IV: General Conditions of the Contract

• Appendix A: Statuary Provisions Incorporated by Reference

• Appendix B: Commonly Used Forms

BID PACKAGE

PART I

Bidder Checklist

Instructions to Bidders

Attachment A: Minimum Wage Rates

Attachment B: Forms Used/Required for Bidding

BIDDER CHECKLIST

This is not a contract document. It is provided to help bidders avoid common mistakes that can result in the rejection of bids. It does not modify the Contract Documents.

To ensure that your bids are acceptable to the Department, and are not rejected due to errors or omissions, we are providing this Checklist for your convenience.

1. Have you used the correct bid form provided in Attachment B to the Instructions to Bidders?

2. Are your bid amounts, as expressed in figures and words, consistent? The amount expressed in words will control.

3. If addenda have been issued, have you acknowledged all such addenda, and followed the instructions contained in each one?

4. Have you added any information not called for, acknowledged an addendum that does not exist, or provided a price for an alternate not identified as part of your scope of work which can result in rejection of your bid?

5. Is your Bid Form SIGNED and dated?

6. Bid Deposits

a. Is your bid deposit, if in the form of a bid bond, issued from a bonding company licensed to do business in the Commonwealth of Massachusetts? Is it signed by the contractor and the bonding company?

Passbooks or Letters of Credit from a bank are not acceptable as a bid deposit.

b. Is your bid deposit made payable to the Department of Fire Services? Bid deposits made payable to any other entity may cause the bid to be rejected.

c. Is your bid deposit five (5%) of the highest possible bid amount, considering all alternates being accepted in order?

7. Are all of your bidding materials enclosed in a sealed envelope and labeled with the project information exactly as provided in the Instructions to Bidders?

8. Your bid MUST be received by the Awarding Authority prior to the deadline.

INSTRUCTIONS TO BIDDERS

Awarding Authority/Owner:

Department of Fire Services

Purchasing Department

1 State Road, PO Box 1025

Stow, MA 01775

Contact: Julie Walrath, julie.walrath@mass.gov, 978-567-3131

Project:

DFS Above Ground Storage Tank, Gas Fueled Training Props & Related Systems:

On Call Services for Maintenance and Repair

#DFS-Gas School-2026

Project Address:

Massachusetts Department of Fire Services

1 State Road, PO Box 1025

Stow, Massachusetts 01775

Project Description and Scope:

The Department of Fire Services is seeking to contract with a single vendor with the ability to provide and/or oversee the maintenance and repair of our gas school liquified natural gas (LNG) and liquified propane gas (LPG) above ground storage tanks (ASTs), training props, equipment and overall infrastructure. Vendors or their sub-contractors must perform all work to applicable codes and standards, including but not limited to The National Board Inspection Code, 527 CMR 1.00, 502

CMR 5.00, NFPA 1, NFPA 58, NFPA 59 and NFPA 59A guidelines and hold any licensure and certifications required to work on LPG and LNG infrastructure. Bidders assume all responsibility of the work completed by any sub-contractors they use for this contract.

Prices for all three years must be provided using the bidder’s response sheet provided.

Questions: Bidders submitting questions, requests for information or clarification must do so in writing, to Julie Walrath @ Julie.Walrath@mass.gov no later than August 5, 2026 at 2:00 pm.

A Pre-Bid Conference will be held at the Massachusetts Department of Fire Services, 1 State Road, Stow, Massachusetts at 10:00 am on July 30, 2026. It is strongly encouraged that all prospective bidders attend the Pre-Bid Conference. The Department of Fire Services gas school is a unique infrastructure that should be visited before bidding.

mailto:julie.walrath@mass.gov mailto:Julie.Walrath@mass.gov

The Bid Deadline is 2:00 pm on August 21st in Room 101, the Boards and Commission Conference

Room, which is adjacent to the main front entrance, 1 State Road, Stow, MA. Please allow enough time for the bid to be received in the appropriate office. We are a secure building, and bidders are not allowed access without an escort. If the Department of Fire Services should be closed for any reason on the deadline date, the deadline will be the next business day the Department of Fire

Services is open at the same scheduled time.

Contract Award Anticipated September 2026.

Contract Length The contract term is three years. The agreement shall be for a term commencing on or about October 1, 2026, and ending on or about September 30, 2029.

Bid Documents may be examined, and copies may be obtained at the Department of Fire Services, 1

State Road, Stow, MA 01775. Phone: 978-567-3131. The bid documents may also be downloaded from the Commbuys website www.commbuys.com.

Bid Submissions are to be mailed or hand delivered prior to the deadline to: Department of Fire

Services, Purchasing Department, 1 State Road, PO Box 1025, Stow, MA 01775. Envelopes should be marked “Bid Enclosed” and marked with the bid number “DFS-Gas School-2026”

The minimum Prevailing Wage Rate requirements for this Contract are located in Attachment A to these Instructions to Bidders.

Pursuant to M.G.L. c. 30, §39S(a) (2) all employees to be employed on the project must have successfully completed a course in construction safety and health approved by OSHA and of at least

10 hours in duration.

Bid Deposits are required and must be at least 5% of the total value of the bid.

Bonding: A 50% Payment Bond will be required within 10 calendar days of Contract Award.

Insurance: Bidder shall purchase and maintain liability, worker’s compensation and automobile insurance coverage during the full term of the contract. The Commonwealth of

Massachusetts/Department of Fire Services shall be listed as an additional insured. A Certificate of

Insurance must be submitted from a reputable insurance company upon contract award.

SECTION I - BIDDER'S REPRESENTATION

1.1 Each general bidder making a bid (hereinafter sometimes referred to as "Bid") represents and warrants that Bidder has visited and examined the Site and the Contract Documents, that Bidder is familiar with the local conditions under which the Work is to be performed, that Bidder has correlated personal observations with the requirements of the Contract Documents, and that where the Contract Documents require, in any part of the Work, a given result to be produced, the Contract

Documents are adequate and that Bidder will produce the required result within the Bid price and that the Bid is made in accordance therewith.

http://www.commbuys.com/

1.2 Failure to so examine the Contract Documents and the Site will not relieve any Bidder from any obligation under the Bid as submitted. The Commonwealth will not be responsible for errors, omissions and/or charges for extra work arising from Bidder's failure to familiarize itself with the

Contract Documents or existing conditions.

SECTION 2 - REQUESTS FOR INTERPRETATION

2.1 Any questions by prospective Bidders concerning interpretation of the Contract Documents must be submitted in writing to the Awarding Authority. The Awarding Authority will post in Commbuys and email any addenda or written interpretations that it deems necessary to Bidders who have taken out plans at the email address given by them before the date set for the receipt of affected Bids.

Bidders may not rely upon oral communications or interpretations from the Awarding Authority and the Awarding Authority shall not be bound by them.

2.2 It is the sole responsibility of the Bidder to ascertain the existence of any addenda issued by the

Awarding Authority, whether or not the same are posted in Commbuys, emailed to, or received by, Bidder. Copies of addenda will be made available for inspection at the locations listed in the

Advertisement where the Contract Documents are on file.

2.3 Wherever in the Contract Documents reference is made to Massachusetts General Laws, it shall be construed to include all amendments thereto effective as of the date of the issuance of the invitation to bid on the proposed work.

SECTION 3 - PREPARATION OF BIDS

3.1 Bids shall be submitted on the Form for General Bid included in Attachment B to these

Instructions to Bidders.

3.2 All entries on the Bid form shall be typewritten or in ink.

3.3 Where so indicated on the Bid form, sums shall be expressed in both words and numerals. Where there is a discrepancy between the Bid sum expressed in words and the Bid sum expressed in figures, the Bid sum expressed in words shall control unless the intention of the Bidder is clear as determined by the Awarding Authority in its sole discretion.

3.4 Each Bid must be accompanied by a bid deposit in the form of a bid bond; cash; or a check certified by, or a treasurer's or cashier's check issued by, a responsible bank or trust company, payable to the Department of Fire Services. Any bid bond shall be (a) in a form satisfactory to the

Awarding Authority, (b) with a surety company qualified to do business in the Commonwealth and

(c) conditioned upon the faithful performance by the principal of the agreements contained in the Bid.

Bid deposits of the three (3) lowest responsible and eligible bidders shall be retained until the execution and delivery of the Owner-Contractor Agreement.

3.5 The amount of such bid deposit shall be 5% five per cent of the total value of the Bid.

SECTION 4 - SUBMISSION OF BIDS

4.1 Each Bid, including the bid deposit, shall be enclosed in a sealed envelope with the following plainly marked on the outside:

Bid Enclosed – DFS-Gas School-2026

Bidders name, business address, and telephone number

4.2 All Bids must be received by the Awarding Authority at the address specified in these

Instructions to Bidders no later than the applicable date and time specified in these Instructions to

Bidders. Any Bid not received by the applicable deadline will not be accepted.

4.3 Timely delivery of a bid at the locations designated shall be the full responsibility of the Bidder.

SECTION 5 - WITHDRAWAL OF BIDS; REJECTION OF BIDS

5.1 Any Bid may be withdrawn prior to the specified deadline for the receipt of Bids provided that the withdrawal shall be made by a written request signed by a person having the authority to bind the

Bidder. The written request must be hand delivered or otherwise delivered to the Awarding

Authority’s Purchasing Department addressed to the attention of the Purchasing Supervisor and must be received on or before the date and time appointed as the deadline for the receipt of Bids.

Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids.

5.2 A Bidder may withdraw its Bid without penalty at any time up to the time of Award as defined below in subsection 6.1 only upon demonstrating to the satisfaction of the Awarding Authority that a death or disability has occurred or a bona fide clerical error or mechanical error of a substantial nature was made during the preparation of the bid. Failure to demonstrate conclusively that a bona fide clerical error or mechanical error of a substantial nature was made may result in forfeiture of the

Bid deposit.

5.3 The Awarding Authority reserves the right to waive any informality in or to reject any and all

Bids if it is in the public interest to do so.

SECTION 6 - CONTRACT AWARD

6.1 "Award" means the determination, selection, and notification of the lowest, responsible and eligible Bidder by the Awarding Authority.

6.2 The Awarding Authority will award the Contract within thirty days, Saturdays, Sundays, and legal holidays excluded after the opening of Bids in accordance with M.G.L. c.149 §44A.

6.3 The Awarding Authority reserves the right to waive any informality in or to reject any and all

Bids if it is in the public interest to do so.

6.4 The Awarding Authority also reserves the right to reject any bid if it determines that such bid does not represent the bid of a person competent to perform the work as specified or if less than three (3) available bids are received.

6.5 The term "lowest responsible and eligible Bidder" shall mean the Bidder (1) whose Bid is the lowest of those Bidders who possess the skill, ability, and integrity necessary for the faithful performance of the work; (2) who shall certify that they are able to furnish labor that can work in harmony with all other elements of labor employed or to be employed in the work; (3) who, where the provisions of Section 8B of Chapter 29 apply, shall have been determined to be qualified there under; and (4) who obtains within 10 calendar days of the notification of contract award the security by bond required under Section 29 of Chapter 149. The Department of Fire Services reserves the right, in its sole discretion, to determine if a Bidder possesses the skill, ability and integrity necessary for the faithful performance of the work. DFS will consider such matters as: past performance on similar projects; technical resources; financial soundness; and reputation and commitment to ethical practices.

6.6 Should the Contract Documents require submission of special data to accompany the Bid, the

Awarding Authority reserves the right to rule the Bidder's failure to submit such data an informality and to receive said data subsequently within a reasonable time as set by the Awarding Authority, provided that no such ruling shall result in an unfair advantage to the Bidder.

SECTION 7 - EXECUTION OF CONTRACTS

7.1 Upon receipt of the Award, the Bidder awarded the Contract shall submit one (1) properly executed original of each of the following documents prior to execution of the Contract by the

Awarding Authority. All such documents shall be in the form prescribed by the Awarding Authority.

• Owner-Contractor Agreement

• Corporate Information

• Certificate of Corporate Vote

• 50% Payment Bond with power of attorney attached

• Certificates of Insurance evidencing coverages in amounts required by the Contract Documents

• Certificate of Compliance with State Tax Laws

• OSHA Training Certification

• EO481- Contractor Certification (Undocumented Workers)

• Any other documents that the Awarding Authority may reasonably require in connection with the Contractor's execution of the Contract.

SECTION 8 - RETURN OF BID DEPOSITS

8.1 All Bid deposits, except those of the three (3) lowest responsible and eligible general Bidders, shall be returned within five days, Saturdays, Sundays and legal holidays excluded, after the opening of the general Bids. The Bid deposits of the three (3) lowest responsible and eligible general Bidders shall be returned upon the execution and delivery of the General Contract, or if no award is made, upon the expiration of the time prescribed in M.G.L. c. 149, s. 44A for making an award; except that, if any general Bidder fails to perform its agreement to execute the Contract and furnish payment bond as stated in its Bid, then said general Bidder's Bid deposit shall become the property of the

Commonwealth as liquidated damages; provided that the amount of the Bid deposit that becomes the property of the Commonwealth shall not exceed the difference between the Contractor's Bid price and the Bid price of the next lowest responsible and eligible Bidder; and provided further that, in the case of death, disability, bona fide clerical or mechanical error of a substantial nature, or other similar unforeseen circumstances affecting the general Bidder, such general Bidder's Bid deposit shall be returned.

8.2 In addition to the provisions for the return of Bid deposits as provided above, upon receipt of a

Bid Bond in an amount not less than the amount of the required Bid deposit, the Awarding Authority shall return any Bid deposit of a Bidder forthwith after the public opening of Bids.

ATTACHMENT A

PREVAILING WAGE SCHEDULE

The minimum wage rates provided in the following pages have been provided by the Division of Occupational Safety of the Massachusetts Department of Labor and Workforce

Development. The Awarding Authority is not responsible for errors or omissions in such wage rates.

M.G.L. c. 149, s. 26 and 27 provide as follows:

". . . Payments by employers to health and welfare plans, pension plans and supplementary unemployment benefit plans under collective bargaining agreements or understandings between organized labor and employers shall be included for the purpose of establishing minimum wage rates as herein provided.

. . . The aforesaid rates of wages in the schedule of wage rates shall include payments by employers to health and welfare plans, pension plans and supplementary unemployment benefit plans as provided in said section twenty-six, and such payments shall be considered as payments to persons under this section performing work as herein provided. Any employer engaged in the construction of such works who does not make payments to a health and welfare plan, a pension plan and a supplementary unemployment benefit plan, where such payments are included in said rates of wages, shall pay the amount of said payments directly to each employee engaged in said construction "

ATTACHMENT B

FORMS USED DURING BIDDING

The following must be submitted in a sealed envelope for this Bid:

1. Form for General Bid (Signed, acknowledging addenda, if any) and must be accompanied by a bid deposit in accordance with the instructions

2. Bidders Response Form with unit-based pricing and bidder information (see separate file in COMMBUYS)

FORM FOR GENERAL BID

DFS Above Ground Storage Tank, Gas Fueled Training Props & Related Systems: On Call

Services for Maintenance and Repair

To the Awarding Authority/Owner: Department of Fire Services (DFS)

A. The undersigned proposes to furnish all labor and materials required for Project #DFS-Gas

School-2026 in Stow, Massachusetts, in accordance with the accompanying specifications prepared by the Department of Fire Services, for the contract price specified below, subject to additions and deductions according to the terms of the specifications.

B. This bid includes Addenda numbered _______________________________________.

C. BASE BID

The proposed total Lump Sum Bid contract price is as follows:

Total cost for all three contract years from Bidder’s response sheet

$_________________________________________________ dollars ($____________________)

Total Base Bid sum in words Total Base Bid sum in numerals

All contractors must also submit a completed bidder’s response sheet for all three contract years with their bid package.

D. The undersigned agrees that, if he is selected as general contractor, he will within ten (10) calendar days, after presentation thereof by the Owner, execute a contract in accordance with the terms of this bid and furnish a payment bond from a surety company qualified to do business under the laws of the commonwealth and satisfactory to the Owner and in the sum of 50% of the contract price, the premiums for which are to be paid by the general contractor and are included in the contract price; provided, however, that if there is more than 1 surety company, the surety companies shall be jointly and severally liable.

E. The undersigned hereby certifies that he is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed on the work and that he will comply fully with all laws and regulations applicable to awards made subject to section forty-four A of Chapter

149 of the General Laws.

F. The undersigned further certifies under the penalties of perjury that this bid is in all respects bona fide, fair and made without collusion or fraud with any other person. As used in this subsection the word "person" shall mean any natural person, joint venture, partnership, corporation or other business or legal entity.

G. The undersigned further certifies under penalty of perjury that the said undersigned is not presently debarred from doing public construction work in the commonwealth under the provisions of section twenty-nine F of chapter twenty-nine, or any other applicable debarment provisions of any other chapter of the General Laws or any rule or regulation promulgated thereunder.

H. The undersigned further certifies under penalties of perjury that the undersigned is not debarred from doing public construction work under any law, rule or regulation of the federal government.

I. The undersigned hereby declares that the undersigned has carefully examined the Advertisement, Instructions to Bidders, Owner - Contractor Agreement, General Conditions of the Contract, Supplemental Conditions, Specifications, all other Contract Documents, and also the Site upon which the proposed work is to be performed. The undersigned further declares that in regard to the conditions affecting the work to be done and the labor and materials needed, this proposal is based solely on the undersigned's own investigation and research and not in reliance upon any representation of any employee, officer or agent of the Commonwealth.

J. The undersigned further certifies under the penalties of perjury that:

• this bid is in all respects bona fide, fair and made without collusion or fraud with any other person;

• we are the only persons interested in this proposal;

• that it is made without any connection with any other person making any bid for the same work and without directly or indirectly influencing or attempting to influence any other person to bid, to refrain from bidding or to influence the amount of the bid of any other person or corporation;

• that no person acting for, or employed by, the Commonwealth of Massachusetts is directly or indirectly interested in this proposal, or in any contract which be made under it, or in expected profits to arise there from.

As used above the word "person" shall mean natural person, joint venture, partnership, corporation or other business or legal entity.

K. The undersigned certifies that it shall comply with the provisions of the Equal Employment

Opportunity, Non-Discrimination, and Affirmative Action Program, if any, set forth in Article 1.12 of the General Conditions of the Contract.

(Printed Company Name of General Bidder)

By__________________________________________________________

(Signature) (Date)

(Printed Name of Person Signing Bid above and Title)

(Street Address)

(City, State, Zip)

(Business Telephone) (Business Fax)

I certify that I am authorized to sign and enter into contractual obligations on the behalf of the company listed above. If selected for a contract award, I will execute a contract and provide 50%

Payment Bond each in the sum of the contract price.

Signature

Printed Name

Title

Date

PART II

Owner - Contractor Agreement

Exhibit A: Additional Insurance Provisions, if any.

Exhibit B: Forms Used During Contract Award and Execution:

• Certificate of Corporate Vote

• Certificate of Compliance with State Tax Laws

• OSHA Training Certification

• Executive Order 481- Contractor Certification (Undocumented Workers)

Subject to M.G.L. c.30, s.39m

OWNER - CONTRACTOR AGREEMENT

Awarding Authority/Owner: DEPARTMENT OF FIRE SERVICES

Department Code: DFS

This agreement ("Contract") is made as of the _______ day of __________, 2026, by and between the

Commonwealth of Massachusetts acting by and through the Owner identified above with a principal place of business at 1 State Road, Stow, Massachusetts 01775, hereinafter called the "Owner", and

_________________________, a corporation with a principal place of business at

_______________________________________________, hereinafter called the "Contractor".

Terms used in this Owner - Contractor Agreement which are defined in the General Conditions of the

Contract shall have the meanings designated therein.

The Owner and Contractor agree as follows:

Article 1. Scope of Work. The Work under this Contract is defined as all work required by the

Contract Documents for the DFS Above Ground Storage Tank, Gas Fueled Training Props &

Related Systems: On Call Services for Installation, Renovation, Maintenance and Repair at the

Department of Fire Services Stow facility, Bid # DFS-Gas School-2026 in accordance with and as described in the Specifications prepared by the Department of Fire Services, as modified by

Addendum #__ dated ______.

Article 2. Time for Completion. Contractor shall commence the Work under this Contract on the date specified in the written “Notice to Proceed”. In the event that the Contractor does not proceed with the Work within the time frame stipulated in the Contract Documents or otherwise fails to perform the work specified in the Contract Documents in reasonable accordance with the Project Schedule, the Department of Fire Services may terminate the

Contract, and seek to complete the Work pursuant to the provisions of and with funding provided by the Contractor’s Performance Bond.

Article 3. Contract Price. The Owner shall pay Contractor, in current funds, for the performance of the Work, subject to additions and deductions by Approved Change Order(s), the Contract Price based upon the unit prices placed on the bid forms____________________________________________

($______________.00).

Article 4. Certifications. Pursuant to M.G.L. c. 62(c), s.49 (a), the individual signing this Contract on behalf of the Contractor hereby certifies, under the penalties of perjury, that Contractor has complied with all applicable state and federal tax laws, laws regarding reporting of employees and contractors and laws relative to the withholding and remitting of child support. The individual signing this Contract on behalf of the Contractor further certifies under penalties of perjury that the

Contractor is not presently debarred from doing public construction work in the Commonwealth under the provisions of M.G.L. c. 29, s. 29F, or any other applicable or similar debarment provisions of any other chapter of the General Laws or any rule or regulation promulgated thereunder and is not presently debarred from doing public construction work by any agency of the

United States.

Article 5. The Contract Documents: The following documents form the Contract, are incorporated by reference herein, and are referred to as the "Contract Documents:"

• The Advertisement

• The Schedule of Prevailing Wage

• The Instructions to Bidders

• The General Bid Form submitted by the Contractor

• This Owner – Contractor Agreement, including Exhibit A, if any.

• The General Conditions of the Contract

• The Supplemental Terms and Conditions

• The Technical Specifications and Appendix A, including Addenda identified in Article 1 above

• All Approved Change Orders issued after execution of this Owner - Contractor Agreement

Article 6. Liquidated Damages. For the purposes of Article 3 of the General Conditions of the

Contract, liquidated damages for delay shall be as follows: None

Article 7. Contractor’s and Owner’s Representatives. The Contractor’s Representative for this

Contract is ______________________________________ Phone Number:________________. The person administering this Contract on behalf of the Owner (the “Administrator”) is Julie Walrath , Director of Procurement and Contract Administration. Phone Number: 978-567-3131.

Article 8. Notices. Notices to the Contractor shall be deemed given when hand delivered to the

Contractor's Representative in person, or when deposited in the U.S. mail addressed to the

Contractor at the Contractor's address specified in the Owner - Contractor Agreement, or when delivered by courier to either location. Unless otherwise specified in writing by the Owner, notices and deliveries to the Owner shall be effective only when delivered to the Owner at the address specified in the Owner - Contractor Agreement and date-stamped at the reception desk or for which a receipt has been signed by the agent or employee designated by the Owner to receive official notices.

Article 9. Minority/Women Workforce Utilization Percentages: The applicable goals, for minority and women workforce utilization established for this Contract are as follows:

The applicable minority workforce utilization percentage, if any, is _____n/a_______.

The applicable women workforce utilization percentage, if any, is ____n/a________.

Article 10. Additional Insurance Provisions. The insurance requirements set forth in Article 7 of the General Conditions of the Contract are supplemented by the provisions, if any, appearing in

Exhibit A attached hereto and incorporated herein.

In witness whereof, the parties hereto have caused this instrument to be executed as of the date set forth above.

CONTRACTOR:

By: _________________________________________________

(Signature)

Printed Name: ________________________________________

Title: _______________________________________________

Date: _______________________________________________

OWNER:

By executing this Agreement, the undersigned authorized signatory of the Owner, who incurs no personal liability by reason of the execution hereof or anything herein contained and signs solely as

Owner’s Representative, hereby certifies under penalties of perjury that this Contract is executed in accordance with a prior approval of the Division of Capital Asset Management and Maintenance, and further certifies under the penalties of perjury that all the applicable provisions of M.G.L. c.

149, s. 44J, have been complied with.

By: _________________________________________________

(Signature)

Printed Name: ________________________________________

Title: _______________________________________________

Date: _______________________________________________

EXHIBIT A

Additional Insurance Provisions

None

Exhibit B

Forms Used During Contract Award and Execution

• Certificate of Corporate Vote

• Certificate of Compliance with State Tax Laws and Unemployment

• OSHA Training Certification

• Executive Order 481- Contractor Certification (Undocumented Workers)

CORPORATE INFORMATION

The following information is furnished by the Bidder for DFS records.

Is Bidder a corporation? ________________________________________________________________

If so, incorporated in what state?__________________________________________________________

President_____________________________________________________________________________

Secretary or Clerk _____________________________________________________________________

Treasurer_____________________________________________________________________________

If Bidder is a foreign corporation, is it registered to do business in Massachusetts? _______________

If Bidder is a foreign corporation and is selected, Bidder is required under M.G.L. c. 30, s. 39L to obtain from the Massachusetts Secretary of State, One Ashburton Place, 17th floor, a certificate stating that the corporation is registered to do business in Mass., and to furnish said certificate to the awarding authority prior to the award.

Is Bidder a general partnership or joint venture? _____________________

If so, name each partner or co-venturer

Is Bidder a limited partnership? ______________________________________________

Is Bidder registered in Massachusetts? ________________________________________

If so, name each general partner _____________________________________________

If Bidder is a foreign limited partnership and is selected, Bidder is required under M.G.L. c. 30, s. 39L to obtain from the Massachusetts Secretary of State, One Ashburton Place, 17th floor, a certificate stating that the partnership is registered to do business in Massachusetts, and to furnish said certificate to the awarding authority prior to the award.

For each general partner or co-venturer that is a corporation, provide the following information (use additional sheets if necessary):

Name of corporation ______________________________________________________

State of incorporation______________________________________________________

President________________________________________________________________

Secretary or Clerk ________________________________________________________

Treasurer________________________________________________________________

Name of corporation ______________________________________________________

State of incorporation______________________________________________________

President________________________________________________________________

Secretary or Clerk ________________________________________________________

Treasurer________________________________________________________________

Is Bidder an individual? ____________________________________________________

Residence Address________________________________________________________

Name under which Bidder does business_______________________________________

Business Address_________________________________________________________

If selected Bidder is an individual doing business under a different name then Bidder must furnish evidence of any required DBA filing.

CERTIFICATE OF CORPORATE VOTE

_______________________ 20 ____

I hereby certify that I am the ____ clerk, _____, assistant clerk, of

___________________________________________ (the “Corporation”) and that at a

(Name of Corporation) duly authorized meeting of the Board of Directors of the Corporation held on

_____________________________ in ____________________ at which a quorum was

(Date) (Location) present and voting it was voted to authorize _____________________________________ , (Name)

________________________________________________ of the Corporation to execute

(Officer Title) and deliver on behalf of the Corporation the following contract and to act as principal to execute bonds in connection therewith, which contract and bonds were presented to and made a part of the records of said meeting:

Department of Fire Services Project No. _DFS-Gas School-2026 ___________

Project Title: DFS Above Ground Storage Tank, Gas Fueled Training Props & Related Systems:

On Call Services for Maintenance and Repair

I further certify that ______________________________ is the duly qualified and acting

(Name of Corporate Officer) of the Corporation and that said vote has not been

(Officer Title) repealed, rescinded or amended.

Name

Date

(CORPORATE SEAL)

SUBSCRIBED AND SWORN TO THIS ____ DAY OF ________, 20____ BEFORE ME

Notary Public

My Commission Expires: _________

CERTIFICATE OF COMPLIANCE WITH STATE TAX LAWS AND

WITH UNEMPLOYMENT COMPENSATION CONTRIBUTION REQUIREMENTS

Pursuant to M.G.L., Ch. 62C, s. 49A and M.G.L., Ch. 151A, s. 19A, I, ____________________

________________________________________________ authorized signatory for

________________________________________________ whose principal place of business is at

_______________________________________________________ do hereby certify under penalties of perjury that

___________________________________ has filed all state tax returns and paid all taxes as required by law and has complied with all state laws pertaining to contributions to the unemployment compensation fund and to payments in lieu of contributions.

The Business Organization Social Security Number or Federal Identification Number is

Signed under the penalties of perjury the __________ day of ________________ 20 ____.

Signature: _______________________________________

Name and Title: ________________________________________

OSHA TRAINING CERTIFICATION

Project #DFS-Gas School-2026

Pursuant to M.G.L. c. 30, §39S(a), the undersigned bidder hereby Certifies that:

i. he is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed at the work;

ii. all employees to be employed at the worksite will have successfully completed a course in

Construction Safety and Health approved by the Unites States Occupational Safety and Health

Administration that is at least 10 hours in duration at the time the employee begins work and who shall furnish documentation of successful completion of said course with the first certified payroll report for each employee, and;

iii. all employees to be employed in the work subject to this bid have successfully completed a course in Construction Safety and Health approved by the Unites States Occupational Safety and Health Administration that is at least 10 hours in duration;

Signed under the pains and penalties of perjury, this ________ day of _______________, 20_____.

Authorized Signatory: ___________________________________________________________

Printed Name: __________________________________________________________________

Company Name: ________________________________________________________________

Company Address: ______________________________________________________________

Telephone Number: _____________________________________________________________

EXECUTIVE ORDER 481 - CONTRACTOR CERTIFICATION

PROHIBITING THE USE OF UNDOCUMENTED WORKERS ON STATE CONTRACTS

CONTRACTOR LEGAL NAME:

CONTRACTOR VENDOR/CUSTOMER CODE:

INSTRUCTIONS:

Executive Order 481 applies to all state agencies in the Executive Branch, including all executive offices, boards, commissions, agencies, departments, divisions, councils, bureaus, and offices, now existing and hereafter established. As it is the policy of the Executive Branch to prohibit the use of undocumented workers in connection with the performance of state contracts, all contracts entered into after February 23, 2007 require that contractors, as a condition of receiving Commonwealth funds under any Executive Branch contract, make the following certification:

CONTRACTOR CERTIFICATION:

As evidenced by the signature of the Contractor’s Authorized Signatory below, the Contractor certifies under the pains and penalties of perjury that the Contractor shall not knowingly use undocumented workers in connection with the performance of all Executive Branch contracts; that pursuant to federal requirements, the Contractor shall verify the immigration status of all workers assigned to such contracts without engaging in unlawful discrimination; and that the Contractor shall not knowingly or recklessly alter, falsify, or accept altered or falsified documents from any such worker(s). The Contractor understands and agrees that breach of any of these terms during the period of each contract may be regarded as a material breach, subjecting the Contractor to sanctions, including but not limited to monetary penalties, withholding of payments, contract suspension or termination.

_____________________________________________ Date: ____________________

Contractor Authorizing Signature

Print Name

Title: Telephone:

Fax: Email:

The Contractor is required to sign this Certification only once and may provide a copy of the signed

Certification for any contract executed with an Executive Branch Department. A copy of this signed Certification must be attached to the “record copy” of all contracts with this Contractor that are filed with the contracting Department.

WEEKLY PAYROLL RECORDS REPORT

& STATEMENT OF COMPLIANCE

In accordance with Massachusetts General Law c149, section 27B, a true and accurate record must be kept of all persons employed on the public works construction project for which the enclosed rates have been provided. The Weekly Payroll Report Form includes all the information required to be kept by law. Every contractor or subcontractor is required to keep these records and preserve them for a period of three (3) years from the date of completion of the project.

In addition, every contractor and subcontractor is required to submit a copy of their weekly payroll records to the awarding authority. This is required to be done on a weekly basis. Once collected, the awarding authority is also required to preserve those records for three years.

In addition, each such contractor, subcontractor or public body shall furnish to the Executive

Office of Labor within fifteen days after completion of its portion of the work a statement, executed by the contractor, subcontractor or public body who supervises the payment of wages, in the following form:

STATEMENT OF COMPLIANCE

Date: _____ / ______ / 20____

I, ________________________________, ________________________________ (Print Name of signatory party) (Title) do hereby state:

That I pay or supervise the payment of the persons employed by

______________________________ on the _______________________________ (Contractor, subcontractor or public body) (Building or project) and that all mechanics and apprentices, teamsters, chauffeurs and laborers employed on said project have been paid in accordance with wages determined under the provisions of sections twenty-six and twenty-seven of chapter one hundred and forty nine of the General Laws.

Signature _____________________________

Title _________________________________

PART III

Supplemental Terms & Conditions

• Appendix A

Supplemental Terms & Conditions

1.1 Work Times and Restrictions

The Contractor may work on the project from 7:00 am to 4:00 pm, Monday through Friday. Weekend and holiday (where applicable) shifts shall be coordinated 48 hours in advance to ensure appropriate access.

The project will take place on a campus with ongoing, active firefighter training. The Contractor is responsible to adhere to access restrictions to ensure the safety of their employees and the DFS staff, students, and visitors. The Contractor shall review planned activities on a daily basis with the DFS representative to ensure no disruption to the progress of the Contractor’s project work, nor disruption to the daily live-fire training events. The Contractor may be expected to modify the work schedule, such as flexibility with lunch breaks, among other possible modifications, to accommodate daily live-fire training events, if necessary.

1.2 Miscellaneous

A. All conditions and dimensions are approximate. Contractor is solely responsible for field verification of all conditions and dimensions.

B. No smoking or vaping is allowed at any time in any building, in storage areas, on the property, or in the vicinity of flammable gasses. Contractor is responsible for enforcement of this provision with his crews and subcontractors.

C. Contractor shall not place any materials, vehicles, trailers, dumpsters, debris or anything else, within eight (8) feet of any exit whether or not it is in use. Contractor shall not close or obstruct exits.

D. Space covered by this specification will be utilized for ongoing operations. The Contractor shall cause the minimum possible interference with the operations of the Facility. The Contractor shall not interrupt Owner operations unless written approval is received from the Department of Fire

Services.

E. Staging areas shall be limited to those approved by the DFS Representative. The Contractor will be permitted to park the passenger cars of any employees in designated DFS parking areas during construction, at vehicle owner’s risk. The Department of Fire Services will not be responsible for theft or damage to any vehicles or their contents while parked on DFS property.

F. The Contractor shall confine their apparatus, material storage, and operations to those areas designated or as directed by the DFS Representative. The Contractor shall provide their own storage and disposal trailers as necessary, to be located only as directed by the DFS Representative.

G. Electricity and Lighting Utilities - DFS will furnish the power for lighting and small tools (within reason) at no cost to the Contractor for energy, but Contractor must employ a licensed electrician to make all connections and do all work including removal of temporary wiring. Any additional utility work necessary for the completion of this project will be considered part of the Contract. Water for this project is available on site at no charge to the Contractor.

H. Sanitary Facilities – Employees of the Contractor and of subcontractors working under this project shall be allowed to use the restrooms in the building, as long as the privilege is not abused. If the

DFS Representative determines that use of the DFS restroom facilities has been abused by any person on site under this contract, the DFS Representative may, at their sole discretion, terminate this privilege and order the Contractor to immediately provide separate, portable sanitary facilities for all project workers, as required by sanitation codes. The additional cost of this utility shall be borne by the Contractor at no additional cost to the Department of Fire Services.

I. All workers under this contract shall conduct themselves in a professional, respectful manner while on DFS Property. Workers shall refrain from conversing with Students and Staff while on DFS

Property. Unprofessional, disrespectful or lewd remarks, gestures, whistles or solicitations or any similar conduct by any person on site under this project shall be cause for Owner to notify

Contractor of permanent ejection of said person from DFS property and this project. Contractor shall comply with such Notice immediately, without protest or recourse.

1.3 Safety and Security

A. All materials work and equipment must comply with the Massachusetts Building Code, Electrical

Code, Massachusetts DEP, Massachusetts DOS, U.S. EPA and OSHA standards. This project is subject to compliance with Public Law 91-596 Occupational Safety and Health Act of 1970 (OSHA), with respect to all rules and regulations pertaining to construction, including Volume 36, numbers 75 and 105, of the Federal Register, as amended, and as published by the U.S. Department of Labor.

B. Contractor will be responsible for cordoning or barricading the work areas and staging areas as necessary to prevent injury or loss to bystanders, pedestrians, vehicles, etc. Contractor will be responsible for total and complete security of the work areas and staging areas during the contract period to prevent damage to the premises, materials, or equipment. The contractor assumes responsibility for injury or loss to any person resulting from the work performed under this project, and shall hold the Department of Fire Services harmless by reason thereof.

C. Contractor shall inform all personnel on the project site of the locations of fire extinguishers, location of the nearest telephone, telephone number of the local fire department, and shall be instructed in emergency procedures.

D. The contractor is required to comply with the Right to Know and all applicable Federal and State guidelines.

1.4 Facilities Notification and Worker IDs

The Contractor is responsible for contacting the DFS Representative in advance to:

A. Provide written documentation of employees’ names, the hours they will be working on DFS property, and the location of their work site.

B. Notify Fred Corazzini at 978-567-3161 or Jeff Taylor at 978-567-3168 at least twenty-four (24) hours in advance of any changes to the work schedule previously provided.

C. Contractor shall provide the DFS Representative with a complete list of subcontractors working on this project, whether sub-bidders or not.

1.5 Posting of Wage Rates

A. Work under this contract must conform to all rules and regulations of the State Division of

Occupational Safety.

B. Prevailing Wage Rates apply to this work, and are included in Attachment A.

C. Contractor must conspicuously post current wage rates on the job site and expeditiously replace them if they are missing.

1.6 Debris, Regulated Waste, Hazardous Waste and Other Waste

This project includes management of all waste generated. Debris shall not be permitted to accumulate, other than as stipulated in the technical specifications, and the work site shall at all times be kept satisfactorily clean. Any hazardous material or waste must be properly disposed of and the disposal manifest must be submitted to DFS as a condition for final payment.

1.7 Notification and Permits

The contractor shall procure, in a timely manner, all required permits and licenses, pay all associated charges including notification costs, legal advertising, fees and taxes and shall give all notices necessary and incidental to the due and lawful prosecution of the work. Failure to submit Notifications or Permit applications in a timely manner shall not be cause for an extension of time.

All costs for permits shall be included in the lump sum cost proposal. Copies of all required notifications, permits and licenses shall be filed with the DFS representative prior to the beginning of the work.

The contractor shall, in the performance of his work under this contract, comply with all laws, ordinances, codes, rules and regulations of all local and state government authorities, as well as the rules of the National

Fire Protection Association applicable to the premises and of any public utilities specified. However, requirements in the specifications shall be followed when in excess of local and state minimum requirements.

If any work is performed and changes are necessary to confirm to the ordinances, etc. as aforesaid, these changes shall be made at the contractor’s expense.

1.8 Hazardous Material Communications

A. DFS maintains a Hazard Communication (HazCom)/Chemical Hygiene Program for its employees and outside contractors at this facility. Material Safety Data Sheets (MSDSs) and a copy of the written program are available for review. This complies with 29 CFR Part 1910.1200 (b)(6)(e)(iii) and 29

CFR 1910.1450 of the OSHA…