BOSTON PUBLIC SCHOOLS

OFFICE OF FACILITIES MANAGEMENT

DEPARTMENT OF PLANNING & ENGINEERING

EMERGENCY GENERATOR PROJECT

AT THE CAMPBELL RESOURCE CENTER

SEPTEMBER 23, 2026

CITY OF BOSTON

MAYOR MICHELLE WU

SUPERINTENDENT OF SCHOOLS: MARY SKIPPER

INTERIM DIRECTOR OF FACILITIES: KEYLA JACKSON

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UNSPSC CODE 72100000

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BOSTON PUBLIC SCHOOLS

OFFICE OF FACILITIES MANAGEMENT

DEPARTMENT OF PLANNING AND ENGINEERING

Invitation for Bids (IFB)

EMERGENCY GENERATOR PROJECT AT THE CAMPBELL RESOURCE CENTER

Event ID #EV00017969

Contact Information:

Rosamund Bloom, Procurement Manager bidderinfo@bostonpublicschools.org

The City of Boston, acting through its public school department the Boston Public Schools, invites sealed bids for the above-titled project, subject to the applicable provisions of the law, including, without limitation, M.G.L. Chapter 149 as amended, and in accordance with the terms and provisions of the law of the contract documents entitled: “Emergency Generator Project at The Campbell Resource Center”. The City intends to award one (1) contract to the responsive and responsible bidder with the lowest price.

Estimated cost for this Project: $550,000.00

Project anticipated start date: November 23, 2026 Substantial Completion Date: no later than May 23, 2027 Final Project Completion Date: no later than December 31, 2027 Contract period date: November 23, 2026 through December 31, 2027

SCOPE OF WORK:

BPS wishes to create an emergency powered back up system that supplies an existing computer data system. This work will include but is not limited to:

1. Installation of new diesel-powered emergency generator.

2. Installation of new battery UPS system that will absorb and maintain existing systems after the loss of utility voltage and emergency generator start and transfer.

3. Installation of new fire-rated feeder conductors.

4. Retro-fitting the existing electrical infrastructure supplying the data center so that it will now be backed up by emergency power.

PLANS AND SPECIFICATIONS will be available after 12:00 PM noon on Wednesday, September 23, 2026, via the City Supplier Portal website (boston.gov/procurement), click on “Go to Supplier Portal”) under Event ID# EV00017969.

All questions should be sent to “bidderinfo@bostonpubicschools.org.”

GENERAL BIDS shall be submitted via the City Supplier Portal website (boston.gov/procurement), click on “Go to Supplier Portal”) under Event ID# EV00017969 or drop off to the Awarding Authority, 00 11 00 - 2

2nd Floor, 1216 Dorchester Avenue, Boston, MA 02125, before 12:00 PM (Boston time) on October 8, 2026. Late bids will not be accepted.

GENERAL BIDS will be valid only when accompanied by, (1) Bid Response Form, (2) 5% Bid Bond Form, (3) General Bid Form, (4) a copy of a Certificate of Eligibility issued by the Massachusetts Division of Capital Asset Management and Maintenance ("DCAMM") showing that the bidder is certified to bid on Electrical and has the capacity rating to perform the work required.

Bids must be accompanied by a bid deposit in the form of a certified check drawn on, or a treasurer’s or cashier’s check issued by a responsible bank or trust company, payable to the City of Boston, or a bid bond of a surety company qualified to do business in Massachusetts and satisfactory in form to the Awarding Authority. The amount of such check and penal sum of such bond shall be a sum equal to five

(5) percent of the bid.

The attention of all bidders is specifically directed to the equal employment opportunity section of the specifications and the obligation of the contractor and all subcontractors to take affirmative action in connection with employment practices throughout the work.

Contractors are hereby notified that pursuant to M.G.L. c. 149, sections 26 to 27G, contractors must pay prevailing wages as established by the Massachusetts Department of Labor and Workforce Development/Division of Occupational Safety.

LABOR HARMONY: All Bidders must certify that they can furnish labor that can work in harmony with all other elements of labor employed or to be employed at the work;

OSHA TRAINING: All Bidders must certify that all employees to be employed at the work site will have successfully completed a course in construction safety and health approved by the United States Occupation Safety and Health Administration (OSHA) 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.

OSHA MGL 30-39s: All Bidders must certify that 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 United States Occupation Safety and Health Administration (OSHA) that is at least 10 hours in duration. M.G.L.

c. 30, 39S(a)

A performance and payment bond, of a surety company, qualified to do business under the laws of the Commonwealth and included in the U.S. Treasury’s current list of approved sureties (Circular 570) and satisfactory in form to the Awarding Authority, and each in the sum of 100% of the contract price, will be required of the successful bidder to guarantee the faithful performance of the contract.

The Awarding Authority reserves the right to waive any minor informalities or to reject any and all bids, or any part or parts thereof, and to award a contract as the Awarding Authority deems it to be in the best interest of the City of Boston and the Boston Public Schools. The award of any contract shall be subject to the approval of the Superintendent of Schools and the Mayor of Boston.

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Keyla Jackson

Interim Director of Facilities

Last Updated: 1/1/24

INSTRUCTIONS TO BIDDERS

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SECTION 00 21 13

In accordance with an Advertisement for Bids or Invitation to Bid, a copy of which is bound herewith, the City of Boston, Boston Public School, Office of Facilities Management, Planning and Engineering Department, (the "City" or the "Awarding Authority") has invited bids for Emergency Generator Project at The Campbell Resource Center.

These Instructions to Bidders ("Instructions") are intended to assist bidders (which term as used in these Instructions shall include general bidders and sub-bidders as applicable) in the preparation of their bids, to call attention to various legal requirements and to set forth certain conditions upon which bids are submitted and received.

The Awarding Authority reserves the right to waive any informalities, and to reject any or all General Bids if it determines such to be in the public interest of a person competent to perform the work as specified, or if such Bid is not one which conforms with Sections 44A through 44J inclusive of Chapter 149 of the General Laws as amended, or if such Bid is on a form not completely filled in, or is incomplete, conditional or obscure, or contains an addition not called for.

d to do business in Massachusetts acceptable to the Awarding Authority, or a bid bond issued by a bonding company acceptable to the Awarding Authority, payable to the City of Boston, shall be submitted with each Bid in an amount no less than five percent (5%) of the amount bid, including all alternates.

No bid may be withdrawn prior to the expiration of the statutory period after the opening of Bids for the making of awards and completion of the process of entering contracts.

General

A. The intent and purpose of this Invitation for Bids (IFB) is to invite qualified contractors to submit bids for Emergency Generator Project at The Campbell Resource Center. BPS wishes to create an emergency powered back up system that supplies an existing computer data system. This work will include but is not limited to:

1. Installation of new diesel-powered emergency generator.

2. Installation of new battery UPS system that will absorb and maintain existing systems after the loss of utility voltage and emergency generator start and transfer.

3. Installation of new fire-rated feeder conductors.

4. Retro-fitting the existing electrical infrastructure supplying the data center so that it will now be backed up by emergency power.

A. The contractor shall furnish all labor, supervision, equipment, tools, materials, parts, and transportation necessary to provide the contract services as necessary.

ARTICLE 1 DEFINITIONS

1.1 The following definitions shall apply in these instructions and in the other Contract Documents:

A. The term "bidding documents' shall include the Invitation to Bid, these Instructions, the bid forms, bond forms, contract forms and other Contract Documents bound herewith, the Drawings, the Specifications, and all Addenda issued prior to receipt of bids.

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B. The term "Contract Documents" shall mean the contract entered into between the City and the successful general bidder, including all documents enumerated as Contract Documents in the Agreement between Owner and Contractor, and all Modifications (as defined in the General Conditions of the Contract for Construction) issued after execution of the Contract.

C. The terms "Addenda" and "Addendum" shall mean written documents and/or drawings issued by the City prior to execution of the Contract which supplement, modify, correct, explain, or interpret the bidding documents.

D. The term "Official" means the Official identified in the Invitation to Bid.

E. All definitions set forth in the Conditions of the Contract or the other Contract Documents as therein defined are applicable to these Instructions and to the other bidding documents.

ARTICLE 2 - BIDDER'S REPRESENTATION

2.1 Attention of all bidders is directed to Massachusetts General Laws, Chapter 149, as amended, regulating the award of contracts for public construction projects by competitive bidding. In the event of any inconsistency between any of the provisions of these contract documents and the cited statutes, the provisions of said statutes shall prevail.

2.2.1 Each Bidder by making a bid represents that:

A. The Bidder has read and understands the Contract Documents and the bid is made in accordance therewith.

B. The Bidder has visited the site and is familiar with the local conditions under which the Work has to be performed.

2.3 Failure to examine the Contract Documents and site will not relieve any Bidder from any obligation under the bid as submitted.

ARTICLE 3 - AVAILABILITY OF BIDDING DOCUMENTS

3.1 Each person requesting bidding documents shall proceed as directed in the Invitation to Bid. Bidders may obtain one set of the bidding documents or electronic files of bidding documents as provided in the invitation to Bid at no cost to the bidder.

3.2 Bidders shall use complete sets of bidding documents in preparing bids; neither the City nor the Official assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of bidding documents.

3.3 The City in making copies of the bidding documents available does so only for the purpose of obtaining bids on the work of this contract and does not expressly or impliedly confer a license or permission of any kind to any person for any other use thereof.

3.5 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 Bids.

3.6 The Official will furnish to every eligible Bidder in the Bidding Documents a Form for General Bid, Bid Bond

Form, and Bid Response Form.

ARTICLE 4 EXAMINATION OF SITE AND CONTRACT DOCUMENTS

4.1 Each Bidder shall visit the site of the proposed Work and shall become fully acquainted with the conditions and limitations as they exist, including those of labor, material means and methods and shall also thoroughly examine the Contract Documents. Failure of any Bidder to visit the site and become fully acquainted with the Contract Documents shall in no way relieve Bidder from any obligations with respect to its bid.

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4.2 No consideration will be granted for any alleged misunderstanding of the material, article, or piece of equipment to be furnished or work to be done; it is understood that the tender of the Bid proposal carries with it the agreement to all items and conditions referred to herein or indicated in the Contract Documents.

4.3 The properties upon which the work is to be performed, rights-of-way for access thereto, and other property designated for use by the contractor in performing the work are identified in the Contract Documents.

4.4 Each bidder shall promptly notify the Official of any ambiguity, inconsistency, or error it may discover upon examination of the bidding documents, the site, or other local conditions. The submission of a bid will constitute a representation by the bidder that it has complied with every requirement of this Section and that the Contract Documents are sufficient in scope and detail to indicate and convey an understanding of all terms and conditions for the performance of the work of this contract.

4.5 A pre-bid site viewing will be held at the time and place stated in the Invitation to Bid, as applicable.

ARTICLE 5 QUESTION, INTERPRETATION, ADDENDA

5.1 Bidders with questions or requiring interpretations or clarification of any perceived conflict, ambiguity, error, or omission that is discovered upon examination of the bidding documents shall make a written request for interpretation or clarification. Requests for interpretation or clarification, or proposals for any other modifications to the bidding documents, made orally or received less than five (5) working days Saturday, Sunday, and legal holidays excluded, from the date of bid opening will not be answered. Questions may be mailed, delivered, or sent by email.

5.2 Bidders shall promptly notify the Owners Representative of any ambiguity, inconsistency, or error which they may discover upon examination of the Contract Documents, the site, and local conditions if applicable.

5.3 Contact Person:

Rosamund Bloom Boston Public Schools Office of Facilities Management Planning and Engineering Department 1216 Dorchester Avenue, 2nd Floor Dorchester, MA 02125 617-635-9170 bidderinfo@bostonpublicschools.org

5.4 Any interpretation, clarification, correction, addition, or deletion to the bidding documents will be binding only if given in writing by the official. Interpretations, clarifications, corrections, additions, or deletions made orally or in any other manner are not binding and should not be relied upon by bidders. Addenda will be sent by electronic mail (e-mail) or facsimile, if an email address is not provided to the official, to all parties, who, ng documents and have furnished to the official an email and/or facsimile number for the purpose of receiving the addenda.

5.5 Any supplemental instructions, amendments, or changes in the invitation for bids, or attached documents, shall be in the form of written addenda. If issued, such addenda shall be sent by email or facsimile to all persons of record, who are registered, as having received an invitation for bids. Such addenda, if any, will be sent no later than two (2) business days prior to the time set for the opening of bids.

5.6 Failure of any bidder to respond to such addenda shall not relieve such bidder from any obligation arising under law from the submission of a bid. At the time of the opening of bids, each bidder shall conclusively presumed to have received and understood all bid documents, including all addenda, and the failure of any bidder to examine any form, instrument, or other document that is part of the invitation for bids shall in no way relieve such bidder from any obligation arising under law from the submission of bid.

ARTICLE 6 - PREPARATION AND SUBMISSION OF BIDS

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6.1 Every general bid must be submitted on the prescribed Form for General Bid, and Bid Response Form.

Form(s) for bids(s) will be provided by the City or can be printed from electronic documents issued to bidders. All blank spaces in the bid forms shall be filled in, in ink or typewritten, in words or figures. The bid prices for each item on the bid forms shall be stated in both words and figures. Where itemized lump sum or unit prices are called for, all such prices shall be provided by the bidder. Where unit prices are required on the bid forms, in the event of a discrepancy between specified unit prices and totals based on such unit prices, the unit prices specified shall govern. In the event of a discrepancy between prices written in words and prices written in figures, the written words shall govern. In the event of a discrepancy between the indicated sum of any column of figures and the correct sum thereof, the correct sum shall govern. The bid shall state the legal name of the bidder and shall be signed in ink by a person or persons legally authorized to bind the bidder to a contract. The name and title of the person or persons signing the bid shall be typed or printed below the signature(s).

6.2 Refer to Invitation for Bids for bid due date.

6.3

Dorchester Avenue, Boston, MA 02125, before 12:00 PM (Boston time) on October 8, 2026. Late bids will not be accepted.

GENERAL BID FOR Emergency Generator Project at The Campbell Resource Center

If the bid is mailed, the general bidder shall enclose its sealed bid and bid deposit in an outer envelope addressed as follows:

FROM: (General bidder's name and business address)

Emergency Generator Project at The Campbell Resource Center

TO: Rosamund Bloom, Procurement Manager Boston Public Schools Office of Facilities Management Planning and Engineering Department 1216 Dorchester Avenue. 2nd Floor Dorchester, MA 02125

6.4 The Form for General Bid requires the general bidder to indicate whether performance and payment bonds will be required by the general.

6.5 No bid will be received from Bidders unless accompanied by a Bid Deposit designated on the Bid bank or trust company licensed to do business in Massachusetts acceptable to the Awarding Authority, or bid bond issued by a company acceptable to the Awarding Authority, made payable to the City of Boston, Massachusetts, in an amount no less than five percent (5%) of the amount of bid, including all alternates.

6.6 General bids on this contract must be accompanied by a copy of a Certificate of Eligibility issued by the Massachusetts Division of Capital Asset Management and Maintenance ("DCAMM") showing that the bidder is certified to bid on Electrical and has the capacity rating to perform the work required that the bidder has the classification and capacity rating to perform the work required. In order to be eligible to bid on this contract, a general bidder must be certified by DCAMM for the estimated project cost stated in the Invitation to Bid and for the categories of work specified in the Invitation to Bid.

6.7 All bidders are cautioned to allow ample time for transmission of bids. Bidders are solely responsible for delivery to and receipt by the Boston Public School. Bids received after the specified time will not be accepted or recognized. The time of receipt will determine the acceptability of mailed bids, regardless or postmark.

6.8 Late will not be accepted. Bids submitted orally, or by telephone, or facsimile are invalid and will be rejected without consideration.

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6.9 Bid Price shall include all costs for overhead, profit, bond, travel, fuel, labor, equipment & tools for all work incidentals thereto. A performance and payment bond of a surety company qualified to do surety business in the Commonwealth of Massachusetts, satisfactory to the city, in the sum of 100% of the contract price, will be required of the successful bidder. The premium for said bond is to be paid by the successful bidder.

ARTICLE 7 BID DEPOSITS, AMOUNT, RETURN OF DEPOSIT

7.1 Every bid shall be accompanied by a bid deposit in the form of a Bid Bond (Section 00 43 13), or a certified, the City of Boston. A Bid bond shall be (a) in a form satisfactory to the official, (b) issued by a good and sufficient surety licensed and otherwise qualified to do business in the Commonwealth of Massachusetts Division of Insurance and appearing on the current U.S. Department of the Treasury list of approved sureties (circular 570) and satisfactory to the official, and (c) conditioned upon the faithful performance by the principal of the agreement contained in the bid.

7.2 The amount of such bid deposit shall be five percent (5%) of the value of the bid.

ARTICLE 8 WITHDRAWAL OF BID

8.1 Any bidder may withdraw his/her bid before the bid opening. The City reserves the right to require any bidder wishing to withdraw his/her bid before the bid opening to both signs and properly submit a document requesting the withdrawal both in the manner in which a bid shall be signed and submitted to the City.

Withdrawal of a bid before the bid opening will not prejudice the right of a bidder to re-submit a bid. After the time for receiving bids has expired, no bid may be withdrawn by a bidder, except as provided herein and as permitted by law.

8.2 After the time for receiving bids has expired, if any bidder wishes to withdraw his/her bid because of a bona fide mechanical or clerical error he/she shall submit to the official within two (2) business days after the date of the bid opening evidence in the form of estimate sheets showing the purported error together with a notarized statement explaining the reason for the withdrawal request. If the Official determines the evidence to be sufficient the City will accept withdrawal and return the bid deposit to the bidder.

ARTICLE 9 OPENING OF BIDS

9.1 All bids duly received (at the place designated in the advertisement) before the announced closing time for receipt of bids will be opened publicly and read aloud. Each bidder assumes full responsibility for the timely delivery of his/her bid at the location and before the closing time specified. Any bid received after the announced closing time will be returned unopened. Any uncertainties as to whether a bid was submitted in

9.2 Upon inspection of the bids, if any bidder who submitted a bid to the awarding authority has any objections to the award of the contract to any other bidders, that bidder shall lodge that protest in writing, with the awarding authority within two (2) business days after the date when the bids become available for inspection. The bidder must clearly state the reason for the protest and shall request a determination under this article.

ARTICLE 10 - REJECTION OF BIDS

10.1 The Awarding Authority reserves the right to reject any or all general bids if it is in the public interest to do so.

10.2 Every general bid which is not accompanied by the required bid deposit, or which otherwise does not conform to statutory requirements, 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, shall be considered invalid and the awarding authority shall reject any such bid.

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10.3 In addition, the Awarding Authority may consider informal and may reject any general bid or sub-bid that is not prepared and submitted in accordance with all requirements of the bidding documents, or which contains erasures, alterations, additions, errors, or irregularities of any kind, or which contains proposed prices for any class or item of work which are, in the judgment of the Awarding Authority, substantially less or more than the actual cost to complete the work; provided, however, that the awarding authority reserves the right to waive any and all informalities or non-statutory requirements.

10.4 No general 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 in the bid form furnished by the Awarding Authority, but this sentence shall not be applicable to any failure to furnish prices or information required by Section 44E (in the case of general bids) of Chapter 149 of the Massachusetts General Laws. No general bid shall be rejected

(1) because the sum of the prices for all work of the general does not equal the general bid price set forth on the bid form for that purpose, or (2) because the plans and specifications do not accompany the bid or are not submitted with the bid.

10.5 Subject to the foregoing and applicable law, if the bid forms, specifications, or any other bid documents require submission of special information or data to accompany general bids, if applicable, and any bidder neglects to furnish such information or data with its bid, the Awarding Authority may reject the bid of such bidder as incomplete; provided, however, that the Awarding Authority reserves the right to deem any such omission as an informality for which such bid will not be rejected, and to subsequently receive such information or data prior to award of the contract.

10.7 competent, and responsible.

ARTICLE 11 TIME FOR COMPLETION

11.1 The work shall commence at the time stated in the notice to the Contractor to proceed. Notice to proceed may be given to the successful Bidder on any date after the Bidder has executed the General Contract and furnished the General Performance and Payment Bonds with all insurance herein requested and otherwise specified and/or required. The Contractor/Bidder shall achieve Substantial Completion as stated on Invitation for Bids. Bidders are advised that untimely completion of this project will result in significant additional costs and expenses to the Owner, which will be assessed against the Contractor as liquidated damages. Therefore, the Contractor/Bidder further acknowledges that its contract obligation to complete the Work by the specified date and deliver completed the Work by such date is of the essence.

11.2 Allowing the Contractor to finish the Work (or any portion of the Work) after the time specified for completion of the Work shall not operate as a waiver on the part of the Owner of any of its rights under the Contract Documents or otherwise under law or equity.

11.3 It is understood and agreed that time is of the essence of this contract and the Contractor shall commence work on-site and work consecutive days, without disruption, until the completion of all the work. Any unauthorized disruption of work without the prior consent of the BPS Supervisor/Project Manager may be deemed not responsible and may result in termination of the contract and/or eligibility for any future work with Boston Public Schools.

ARTICLE 12 PREVAILING WAGE RATES

12.1 In the employment of General Contractors in the performance of work under the contract, the rate per hour of the wages paid to said General Contractor shall not be less than the rate or rates of wages determined by the Commissioner of Labor and Industries under the Provisions of Massachusetts General Laws, Chapter 149, Sections 21G to 27D inclusive. A copy of the wage schedule for the contract as set by said Commissioner is attached hereto.

12.2 Said wage schedule shall be made a part of the contract and shall continue to be the minimum rate or rates of wages for employees during the life of the contract. The contractor shall cause a legible copy of said schedule to be kept posted in a conspicuous place at the site of said works during the life of the contract.

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ARTICLE 13 TAXES & FEES

13.1 The City is exempt from any federal excise taxes (Federal exemption No. A-1080328) and from

Massachusetts sales and use tax (Certificate No. A-04609910380). Bidders shall not include in their bids any sales tax of building materials and supplies to be used in the Project for the amount therefor. The words "building materials and supplies" shall include all materials and supplies consumed, employed, or expended in the construction, reconstruction, alteration, remodeling, or repair of any building, structure, public highway, bridge, or other such public work, as well as such materials and supplies physically incorporated therein.

Said words shall also include rental charges for construction vehicles, equipment, and machinery rented specifically for use on the site of the project or while being used exclusively for the transportation of materials for the project. The number of the certificates granted by the Commissioner of Revenue for use in obtaining the exemption will be given to the successful general bidder.

13.2 Exemption certificates will be provided, if requested, following the award to the successful bidder.

13.3 The Bidder shall include any fees for building, gas plumbing, and electrical permits, as well as hookup fees for water, fire electric, and sewer lines if required for the work of this project.

ARTICLE 14 AWARD OF CONTRACT

14.1 The general contract will be awarded to the lowest responsible and eligible general bidder complying with the conditions and requirements provided in these Instructions, the bid forms, and the other bidding documents. A "responsible" bidder is a bidder 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 Section 44D of Massachusetts General Laws Chapter 149. An "eligible" bidder is a bidder who is able to meet the requirements for bidders set forth in Sections 44A through 44H of said Chapter 149 and not debarred from bidding under section 44C of said Chapter 149 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.

14.2 Award of the contract will be made within fourteen (14) business days after (a) the opening of the general bids or (b) the receipt by the Awarding Authority of any approvals necessary from federal agencies in connection with the project, whichever is later.

14.3 The successful bidder will be notified in writing, by mail or otherwise, that its bid has been accepted and that it has been awarded the contract. The successful bidder shall execute the contract and furnish the required bonds, at the offices of the City if requested, within five (5) days, Saturday, Sunday, and legal holidays excluded, after presentation of the contract to the bidder or notice to the bidder that the contract is ready for execution.

14.4 The City shall not enter into a contract with and shall not approve as a subcontractor furnishing labor and materials for a part of any work of this contract, a foreign corporation which has not filed with the City a certificate of the Secretary of State of the Commonwealth of Massachusetts stating that such corporation has complied with Sections 3 and 5 of Chapter 181 of the Massachusetts General Laws and the date of such compliance. The City shall report to said Secretary of State and to the Department of Corporations and Taxation of the Commonwealth of Massachusetts any foreign corporation performing any work under this contract or any such subcontract, and any person, other than a corporation, performing work under this contract or any such subcontract, and residing or having a principal place of business outside the Commonwealth of Massachusetts.

14.5 If the bidder selected as the general contractor fails to perform its agreement to execute the contract in accordance with the terms of its bid and furnish a performance bond and also a labor and materials payment bond as stated in its bid, the award will be made to the next lowest responsible and eligible general bidder, subject to the provisions of Sections 44A-441, inclusive, of said Chapter 149. The fourteen (14) business days time limit for contract award shall not be applicable to a second or subsequent award made after the expiration of the time limit with the consent of said next lowest responsible and eligible general bidder and made because the original award made within the time limit was invalid, or because the general bidder failed to execute the contract or to provide a performance bond and a labor and materials payment bond.

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ARTICLE 15 - FORMS REQUIRED AT CONTRACT EXECUTION

15.1 Upon award, the Bidder shall complete and execute the required forms within five (5) business days. Refer to Notice to Bidders - Forms Required for Bidding and at Contract Execution.

ARTICLE 16 BIDDERS AT FOREIGN CORPORATION

16.1 Pursuant to M.G.L Chapter 3D, Section 39L, the City will not enter into a contract with a bidder that is a foreign corporation until such foreign corporation has filed with the City a certificate from the Secretary of State for the Commonwealth of Massachusetts, stating that such corporation has complied with M.G.L.

Chapter 181, Section 3 and 5, and the date of such compliance.

ARTICLE 17 REPRESENTATION OF NON-SUSPENSION

17.1 By submitting its bid the Contractor represents and warrants that it is not presently suspended from public contracting or subcontracting by the Commissioner of the Division of Capital Asset Management in accordance with the provisions of M.G.L. Chapter 29, Section 29F.

ARTICLE 18 OSHA TRAINING

18.1 By submitting their bid price the vendor certifies that all employees to be employed at the work site will have successfully completed a course in Construction Safety and Health approved by the United States Occupation Safety and Health Administration (OSHA) that is at least ten (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.

ARTICLE 19 SEVERABILITY

19.1 If any provision of this invitation for bids, or the application of such provision to any person or circumstance shall be held invalid or unconstitutional the other provisions of said sections or the application of such provision to any person or circumstance other than that as to which it is held invalid or unconstitutional, shall not be affected thereby.

ARTICLE 20 TOXIC OR HAZARDOUS SUBSTANCES

20.1 A bidder filing a bid concerning materials containing toxic or hazardous substances must submit a material safety data sheet with such a bid. This document must accompany any deliveries of materials containing such substances when made by the successful bidder, his/her agent, or contractor. A bidder agrees to comply with the so- -to- M.G.L. Chapter 111F in respect to the labeling, handling, and delivery of substances subject to the jurisdiction of said law.

ARTICLE 21 SPECIFICATIONS

21.1 Before submitting any bids, bidders shall fully inform themselves in regard to all conditions pertaining to the

Invitation for Bids and all required terms and conditions for carrying out the contract. By filing a bid the bidder thereby represents that he/she has been informed. Neither the City, or its officers, agents or employees, shall be responsible for the accuracy of, or bound by, such estimates, plans or information.

ARTICLE 22 ITEMS NAMED OR SPECIFIED; SUBSTITUTES; EQUAL TIMES

22.1 Except where otherwise specifically provided to the contrary in the contract documents, any proprietary name mentioned in the specifications is for the purpose of information only and is not intended to limit

00 21 13 - 9 to that named in the specifications will be considered.

22.2 An item shall be considered equal to the item so named if (1) it is at least equal in quality, durability, appearance, strength, and design, (2) it will perform at least equally the function imposed by the general design for the work being contracted for or the material being purchased, and (3) it conform substantially, even with deviations, to the detailed requirements for the item in said specifications.

22.3 A Bidder submitting a bid on a proprietary item(s) other than specific item(s) named in the specifications shall submit, with the bid forms filed, a written notice containing the name and full particulars pertaining to number and price.

22.5 The decisions of the official as to whether an item(s) is or is not equal shall be final.

22.6 Any and all expense necessary to prove to the official the quality of items offered as equal to the specific item or specified names shall be borne exclusively by the bidder submitting any proposed substitutions.

ARTICLE 23 INFORMATION AS TO PROPOSED MATERIALS

23.1 Before the contract is awarded, a bidder may be required to furnish, without expense to the BPS, a complete statement of the original composition and manufacture of any or all materials proposed to be used in the performance of the work, together with all samples, which may be subjected to any reasonable tests required by the official to determine quality and fitness for the work.

ARTICLE 24 - APPLICATION FOR DRAWINGS AND INFORMATION

24.1 The Contractor shall make a written application to the Official for drawings or other information to be furnished by him, such application to be made at least two weeks, and not more than four weeks, in advance of the time such drawings or information are to be needed. The plans and specifications are cooperative and its is expressly understood that any labor or material required to fully carry out and complete the intention of the plans, whether or not particularly mentioned in the contract, shall be provided by the Contractor and executed as a part of this contract, provided, however, that when specifications, plans and detailed drawings do not show all the labor and materials that may be required, the Contractor shall be governed by the requirements of the building law applying to the City of Boston and in accordance with approved methods and construction.

24.2 The Contractor and Subcontractor shall review all bidding documents. Bidders with questions or requiring interpretations or clarification of any perceived conflict, discrepancy, ambiguity, error, or omission which is discovered upon examination of the bidding documents shall make a written request for interpretation or clarification in accordance with Article 5. It is understood that any scope of work identified on the drawings and specifications shall be incorporated in and made part of this contract for the completion of the project with no additional compensation to the Contractor or Subcontractor. The Contractor and all Subcontractor shall review all drawings, specifications, and scope of work to fully carry out and complete the intention of the plans.

24.3 If the issue of priority involves the technical specifications and the drawings, figured dimensions shall govern over scaled dimensions. Work not particularly shown, identified, sized, or located shall be the same as similar Work that is shown on specified. Detail Drawings shall govern over general Drawings. larger scale Drawings take precedence over smaller scale Drawings and Contract Drawings govern over Shop Drawings.

Whenever notes, specifications, dimensions, details, or schedules in the Specifications or in the Drawings, or between the Specifications and the Drawings, or between Change Order or Change Authorization Drawings and Contract.

Drawings, conflict, the higher performance requirement shall be furnished by the Contractor at no increase in the Contract Price or the Contract Time.

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ARTICLE 25 - QUALITY OF THE WORK

25.1 The Contractor shall carry on the work with due diligence and dispatch. All work performed and materials furnished shall be of the best quality and workmanship and to the satisfaction of the Official and shall be in strict accordance with the contract requirements.

It is understood and agreed that wherever in this contract or in the plans, specification, addenda or other pursuant to the notice to all bidders.

ARTICLE 26 - CERTIFICATE OF ELIGIBILITY FROM DCAMM

26.1 General bids on this contract must be accompanied by a copy of a Certificate of Eligibility issued by the

Massachusetts Division of Capital Asset Management and Maintenance ("DCAMM") showing that the bidder has the classification and capacity rating to perform the work required. In order to be eligible to bid on this contract, a general bidder must be certified by DCAMM for the estimated project cost stated in the Invitation to Bid and for the categories of work specified in the Invitation to Bid.

26.2 Each general bid must also be accompanied by an Update Statement in the form issued by DCAMM. The bidder shall include on the Update Statement a list of all building projects completed by the bidder since the date of the bidder's Certificate of Eligibility, and all construction projects the bidder has under contract, and all other information called for on the Update Statement in full compliance with all of the instructions contained on the Update Statement. The City or the Official will furnish copies of the Update Statement form to bidders on request. Any general bid submitted without the appropriate Certificate of Eligibility and Update Statement shall be invalid and will not be accepted by the City. Submission by a bidder of a Certificate of Eligibility and Update Statement with the bidder's Statement of Qualifications as part of the prequalification process does not satisfy this requirement; bidders must submit a valid Certificate of Eligibility and current Update Statement with their bids.

26.3 A bidder's bid shall not be rejected because of mistakes or omissions of form in its Update Statement, provided the bidder promptly corrects those mistakes or omissions upon request by the City. The City may, in its discretion, give a bidder notice of defects, other than mistakes or omission of form, in the bidder's Update Statement, and an opportunity to correct such defects, provided the correction of such defects is not prejudicial to fair competition. The City may reject a corrected Update Statement if it contains unfavorable information about the bidder that was omitted from the Update Statement filed with the bidder's bid.

26.4 The City will consider the information contained in the Update Statement, which it may verify by its own investigation, and any information obtained from DCAMM pursuant to 810 CMR 4.03(12), in determining whether the apparent low general bidder is eligible for contract award pursuant to M.G.L. C. 149, s. 44A(2).

The City's eligibility review of the low bidder will concentrate on the bidder's performance since its last certification by DCAMM, provided, however, that the City may bring information to DCAMM's attention concerning a contractor's qualifications, if DCAMM was not aware of such Information when it certified the contractor. In determining who is the lowest responsible and eligible bidder, pursuant to M.G.L. C. 149, s.

44D(6), the City may consider the bidder's past performance on projects undertaken or completed within the past five years.

26.5 The low bidder may not be awarded a contract which, when the annualized value thereof is added to the annualized cost to complete all other currently held contracts, would exceed the bidder's aggregate rating limit as stated in the bidder's Certificate of Eligibility. The City will use the information provided in the Update Statement to compute the amount of work the bidder has under contract. If the bidder provides the city with evidence that its outstanding annualized balance of contracts (plus the annualized value of its bid for this project) will be within its aggregate rating limit by the start date of the project for which it is low bidder, the City may, at its discretion, make the contract award.

26.6 Should the low bidder be determined not to be eligible, the City shall review the next low bidder's eligibility, in accordance with these Instructions and applicable law until a bidder is determined to be eligible for contract award.

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26.7 The contract shall not be awarded to any bidder whose background information, when investigated and verified by the City, raises significant questions as to its ability to successfully complete the project in question due to past or current problems with its skill, ability and integrity.

ARTICLE 27 - OMITTED

ARTICLE 28 - CONTRACT COMPLETION

28.1 Upon completion of the contract, the Awarding Authority will request the contractor to submit in writing that all goods/services have been fulfilled and paid for by the Awarding Authority. The document requires the vendor to sign off, in agreement, that the Awarding Authority has paid monies due, per the contract and invoices, and there are no outstanding invoices.

ARTICLE 29 - BILLING PROCEDURE UPON COMPLETION OF WORK]

29.1 Upon completion of each work, the Contractor must submit all invoices with all the requirements described below. If you send more than one invoice, each invoice with supporting documentation must be sent as separate PDFs. In order to receive prompt payment, you need to email your invoice(s), with supporting documentation to bpsf.invoices@boston.gov and cc fmap@bostonpublicschools.org no later than 30 days after the service has occurred. The invoice must be signed by BPS Supervisors to receive payments. All invoices must include the following information on the invoice:

City of Boston Vendor ID# City of Boston Contract # Billing Address:

Planning & Engineering- Field Office Campbell Resource Center 1216 Dorchester Ave Dorchester, MA 02125 United States

Boston Public Schools Purchase Order # Work Order # (if applicable) Massachusetts Certified Payroll (if applicable) AHERA Statement (if applicable) All supporting documentation as backup (ie. materials, equipment, subcontractor invoices) (if applicable) BPS Supervisor who authorized the work Invoice # Invoice Date Date of Service Detailed breakdown of labor and materials.

Invoice Amount Due

END OF SECTION

CORI Application Instructions

1. Access the CORI Application by going to the link https://tinyurl.com/k6bvd7f4

Enter email (company email preferred) and Phone Number.

Volunteer Location -down menu select

BPS Facilities Management

2. Once your application is complete and submitted, you will receive a confirmation email receipt. PLEASE REVIEW ALL YOUR INFORMATION BEFORE SUBMITTING THE APPLICATION (i.e. DOB, Driver License/Passport #). Street address must match

Email a clear copy of your current up-to- (Expired licenses will not be accepted) to Mya Grizzle: mgrizzle@bostonpublicschools.org. The address on the license MUST match the application, if different, please check NO and submit previous address and specify the Company Name

3. Results of the CORI may take up to 1 week or more. Once the results are received an email will be sent to the address submitted on your application with instructions for requesting an ID Badge.

4. Requesting an ID Badge Send email to the address below, along with an original full-face capture headshot, similar to a passport picture, JPEG format only

a. idcard@bostonpublicschools.org;

b. nsacramona@bostonpublicschools.org

c. BPS Project Manager of Project (GC to Provide)

The email must include:

a. Contract Name & Project Location

b. Estimated duration of the project (i.e. 6 months)

c. Working hours (i.e. 6 am - 2 pm Monday- Friday)

5. You will be sent an email confirmation when the badge is ready to be picked up.

Pick up at the Planning & Engineering Department at the Campbell Resource Center, 1216 Dorchester Ave., Boston, MA 02125

a. If there are multiple badges for one contractor to be picked up, 1 person can be

b. The Foreman on the job will receive an access badge

c. Laborers on the job will receive an ID badge

NOTE: Access/ID cards will not be created without the approval from the BPS Official/Project Manager.

Last Updated: 12/20/22

GENERAL CONDITIONS

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SECTION 00 70 00

ARTICLE 1 - CONTRACT DOCUMENTS

1.1 Use of Terms:

1.1.1 The following terms used in this Section or elsewhere in the Contract Documents, shall have these meanings:

Addendum – A written modification, clarification, correction or other change to the Contract Documents issued by the Official prior to the date stated for the receipt of bids.

Application for Payment - The form furnished by the Official to be used by the Contractor in requesting payment, and which shall enclose the affidavit required in the Contract Documents.

Business Day - Any day except Saturdays, Sundays and legal holidays observed by the City. The term "day" means a calendar day.

Change Authorization - A written order executed by the City directing the Contractor to make changes in the Work or giving the basis for a change in Contract Price or Contract Time for incorporation into the Contract Documents by a subsequent Change Order.

Change Order - A written instrument which when fully executed by the City amends the Contract Documents to provide for changes in the Work, or in Contract Price or Contract Time.

City - The City of Boston, a municipal corporation in the Commonwealth of Massachusetts, acting by Boston Public Schools Office of Facilities Management, represented by the Assistant Director of the Department of Planning and Engineering or his authorized representative.

Claim - A written demand of assertion by the City or Contractor, which is properly certified according to the requirements of Paragraph 15.2.1, seeking an adjustment in Contract Price and payment of monies due, an extension or shortening in Contract Time, the adjustment or interpretation of Contract terms, or any other relief arising under or relating to the Contract, after a determination by the Designer or City under the appropriate provision of the Contract Documents.

Contract/Contract Documents – The Agreement, fully executed; the Certificate of Authority; all Addenda; the Letter of Award; the Supplementary Conditions; the General Conditions; the Drawings; the Specifications;

the Invitation for Bids; the Contractor’s bid; all bonds submitted; all Change Authorizations and Change Orders when fully executed.

Contract Time – The time commencing upon the date of execution of the Contract by the Official and continuing through the date of Final Completion.

Contract Price – The not to exceed lump sum price representing full compensation for everything furnished, done by or resulting to the Contractor in carrying out the Contract.

Contractor - Person or firm named "The…