File No COC-CIFB-FY27-31086

PROJECT MANUAL

FY27 Specialized Sidewalk

Improvements

CITY OF CAMBRIDGE

DEPARTMENT OF PUBLIC WORKS

July 23, 2026

TABLE OF CONTENTS

SUBJECT PAGES

DIVISION OF BIDDING AND CONTRACT REQUIREMENTS

00020 Invitation to Bid 00020-1 to 00020-2 00100 Instructions to Bidders 00100-1 to 00100-6 00150 Abbreviations, References, Permits and Fees 00150-1 to 00150-3 00210 Cambridge Employment Plan 00210-1 to 00210-3 00211 Cambridge Responsible Employer Plan 00211-1 to 00211-4 00215 Living Wage Ordinance 00215-1 to 00215-14 00221 City Cori Policy 00221-1 to 00221-2 00222 City Cori Ordinance 00222-1 to 00222-2 00230 Truck Safety Ordinance and Regulations 00230-1 to 00230-11

00300*Form for General Bid 00300-1 to 00300-5 00310*Bid Bond 00310-1 00312*Notarized Statement of Bidder's Qualifications 00312-1 to 00312-6 00313*General Contractor's Certification 00313-1 00315* Projected Workforce Certification 00315-1 00317* OSHA Requirements 00317-1 00318* CREP General Contractor Certification Forms 00318-1 00319* CREP Non-filed Subcontractor Certification Forms 00319-1 00322*CORI Compliance Form 00322-1 00323*Americans with Disabilities Act 00323-1 00325*MA Diesel Retrofit Program Statement of Intent to Comply 00325-1 00326*Written Information Security Policy (WISP) Affirmation 00326-1 00330*Wage Theft Prevention Certification 00330-1 to 00330-2

00500 Agreement 00500-1 to 00500-2

00610 Performance Bond 00610-1 to 00610-2 00620 Payment Bond 00620-1 to 00620-2 00660 Certificate of Authority 00660-1 00670 Department of Labor Standards Wage Rates 00670-1 to 00670-32 00680 Department of Labor Standards Statement of Compliance 00680-1 to 00680-2

00800 General Terms and Conditions 00800-1 to 00800-32 00811 Monthly Price Adjustment for HMA 00811-01 00812 Monthly Price Adjustment for Diesel Fuel And Gasoline 00812-01 00814 Monthly Price Adjustment for Portland Cement 00814-01

00900 Technical Specifications 00900-01 to 00900-2

*These forms must be submitted with the bid.

End of Table of Contents

00020-1

File No. COC-CIFB-FY27-31086

INVITATION TO BID

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

FY27 Specialized Sidewalk Improvements

Nature and scope of work: Specialized Concrete Cutting

Bidding procedures shall be in accordance with M.G.L. c. 30, §39M, as most recently amended, and all other applicable laws.

The estimated project value is: $160,000.00 including the one (1) optional renewal year. The contract award is solely based on the Year One Total.

Plans and Specifications will be available beginning from Thursday, July 23, 2026 on the City’s e-Procurement Portal located via: https://procurement.opengov.com/portal/cambridgema

All questions must be submitted in the e-Procurement Portal not later than Monday, August 3, 2026 by 2:00pm.

The contract documents may be examined by appointment at the Office of the Purchasing Agent, 5 Bigelow Street, Cambridge, MA 02139.

Sealed general bids shall be submitted to the e-Procurement Portal via https://procurement.opengov.com/portal/cambridgema prior to 2:00PM on Thursday, August 13, 2026

All general bids shall be accompanied by a bid deposit in the form of a certified, cashier's or treasurer's check (NO CASH) issued by a responsible bank or trust company made payable to the

City of Cambridge or a bid bond, in an amount not less than five percent (5%) of the value of the bid.

The successful general bidder will be required to furnish a Performance Bond, a Labor and Material

(Payment) bond each for one hundred percent (100%) of the contract sum. Bonds shall be obtained from a surety licensed to do business in the Commonwealth of Massachusetts and the form shall be satisfactory to the City of Cambridge.

The City of Cambridge reserves the right to reject any or all bids if it is in the public interest to do so.

No less than the prevailing wage rates as set forth in the schedule contained in the Contract

Documents must be paid on this project.

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

00020-2

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

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

2. Cambridge Responsible Employer Plan

3. Living Wage Ordinance.

4. OSHA Certification

5. CORI City Policy

6. Truck Ordinance and Regulations

7. Written Information Security policy (WISP) Affirmation

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

Elizabeth Unger

Purchasing Agent

00100-1

INFORMATION FOR AND INSTRUCTIONS TO BIDDERS

DEFINITIONS AND TERMINOLOGY

Article 1, Definitions, of the General Terms and Conditions of the Contract (“General

Terms and Conditions”) included in the Project Manual are incorporated by reference as if fully rewritten herein. In the event of a conflict between the within definitions and those found in the General Terms and Conditions, the former govern for the purposes of these Instructions only. All other terms that are not herein defined have their ordinary dictionary meaning.

ADDENDUM (ADDENDA, PLURAL)-An Addendum is a document issued by the

City prior to the opening of the General Bids, which clarifies, amends, or modifies the Bidding

Documents.

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

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

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

BIDDER-A Bidder is a person who or an entity that submits a Bid pursuant to M.G.L.

c. 30, §39M or c. 30B, as the case may be. The pronouns “it” and “they” are used herein when referring to a Bidder or Bidders, respectively.

BIDDING DOCUMENTS-The Bidding Documents are comprised of the entire

Project Manual, which includes, but is not limited to, the Invitation to Bid (advertisement), the

Instructions to Bidders, all of the forms (e.g., Bid forms, sample Agreement form, bond forms), the wage rates, the General Terms and Conditions of the Contract, any supplementary terms and conditions thereto, the Plans, the Specifications, and all addenda.

BUSINESS DAYS-Business days are defined as all days of the week excluding

Saturdays, Sundays, and those holidays for which the City offices are closed for observance.

PURCHASING DEPARTMENT-The Purchasing Department refers to the City of

Cambridge Purchasing Department located at 795 Massachusetts Avenue, Cambridge, MA

02139.

OWNER- The term ‘Owner’, as used throughout the Contract Specification, refers to the City of Cambridge Public Work Department, and its designated personnel engineering the

Contract.

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

Distribution of the Bidding Documents is for the sole purpose of obtaining Bids and

00100-2 does not confer a license or grant permission for any other use of the Bidding Documents.

STATE WAGE RATE REQUIREMENTS

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

QUESTIONS AND INTERPRETATIONS

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

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

All addendums are posted on our website.

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

THE BID

BIDDER’S REPRESENTATIONS.

In submitting a Bid, the Bidder represents that:

• It understands the Bidding Documents;

• It has read and examined the Bidding Documents thoroughly;

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

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

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

• It has found no errors, conflicts, ambiguities, or omissions in the

Bidding Documents, except for those that it has brought to the

Purchasing Department’s attention either orally at a pre-bid conference or in writing at least seven (7) business days prior to submitting its Bid;

• It is familiar with all of the applicable Federal, State, and City laws, rules, regulations, and procedures affecting its Bid and its Bid is in conformity with those laws, rules, regulations, and procedures;

and the Bidder has complied with every requirement of these Instructions and that the Bidding

00100-3

Documents are sufficient in scope and detail to indicate and convey an understanding of all terms and conditions for the performance of the Work.

CONTENTS OF A BID.

A Bid must include:

• A completed Bid form;

• A Bid deposit;

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

• Projected Workforce Certification (City of Cambridge form and

• Notarized Statement of Bidder’s Qualifications (City of

Cambridge form)

Cambridge Responsible Employer Plan

OSHA Training Forms

• CORI Compliance Form

• Americans with Disabilities Act

• Written Information Security policy (WISP) Affirmation

• Wage Theft Prevention Certification

Right to Waive Informalities and Permit Curative Measures: The City reserves the right to waive any Bid informalities. The City may permit bidders who fail to include all non-statutory, City of Cambridge forms to cure such omission(s) within five (5) days of bid opening, subject to the City's discretion.

Bid Deposits: Unless otherwise stated, every Bid must be accompanied by a

Bid deposit in the form of a Bid bond, certified check on, or a treasurer’s or cashier’s check issued by, a responsible bank or trust company, payable to the City of

Cambridge. The Bid bond shall be (a) in a form satisfactory to the City, (b) with a surety company qualified to do business in the Commonwealth and satisfactory to the

City, and (c) conditioned upon the faithful performance by the principal of the agreements contained in the Bid. The Bid deposit shall be no less than five percent

(5%) of the value of the Bid.

Bids Forms. Each Bid shall be submitted on the Bid form included in the

Project Manual. Bid prices must be stated in both dollar figures and words. In the case of a conflict, written amounts shall control over numbers. All blank spaces must be filled. Do not leave any blanks. Print “N/A” in any space not needed or used. The

Bid form shall be completed in ink or by typewriter.

Acknowledgment of Addenda. Each Bidder is required to acknowledge the receipt of all Addenda (the numbers of which are to be filled in on the Bid form by the

Bidder). The City, in its sole discretion, may deem a Bidder’s failure to acknowledge any Addendum a minor informality.

SUBMISSION OF A BID.

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

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

00100-4

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

MODIFICATION OF A BID.

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

WITHDRAWAL OF A BID.

Prior to Bid opening. A Bid may be withdrawn before the time designated for opening Bids. The Bidder requesting such withdrawal must make the request in writing and in a specific manner designated by the City if the City so requires.

Withdrawal of a Bid prior to the Bid opening time will not prejudice the right of a

Bidder to resubmit a Bid. A Bid cannot be withdrawn after the Bid opening time except as provided by law.

After Bid opening. In the case of death, disability, bona fide clerical error or mechanical error of a substantial nature or other unforeseen circumstances affecting a

Bidder, a Bidder may withdraw its Bid after the time designated for Bid opening, if within five (5) days of the date designated for opening its Bid, such Bidder submits a statement under the penalties of perjury to the Purchasing Department detailing the basis for withdrawal. The City will then make a determination as to whether such

Bidder has satisfied both the statutory and City requirements for such withdrawal. If the City is satisfied, the Bid Deposit will be returned to such Bidder.

BID OPENING.

All Bids received prior to the date and time designated for the Bid opening will be opened publicly by the Purchasing Department.

PUBLIC BID REVIEW AND INSPECTION.

Upon opening, all Bids become public records except for portions thereof that are not subject to public disclosure as a matter of law.

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

Department.

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

RESERVATION OF RIGHTS TO REJECT BIDS

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

The City reserves the right to reject any or all Bids, if it determines that the Bidder

00100-5 does not possess the qualifications to perform the Work specified in the Bidding Documents.

The City reserves the right to reject the Bid of any Bidder who the City has determined has not completed a prior project, whether with the City or elsewhere, because of the fault of the Bidder, its Subcontractors or employees; has been declared in default on a prior contract whether with the City or elsewhere; has failed to complete a prior project in a timely fashion whether with the City or elsewhere; based on its work record, is not capable of performing the

Contract whether due to lack of sufficient prior experience, as determined by the City, or any other reason; has a work record of its Subcontractors demanding direct payment from the City;

has a work record of its Subcontractors, employees or material suppliers complaining to the

City or other awarding authority regarding the Bidder’s failure to pay them; has a record of complaints made to the City or other awarding authority by persons offended by the behavior of the Bidder, its Subcontractors or employees; or has a record of its failure to comply with the

Commonwealth and/or City laws or requirements. “Work record” or “record” constitutes a minimum of one event in the work history of the Bidder.

The City shall reject every Bid, which is not accompanied by a Bid deposit.

COMPLETION/EXTENSION TIME

Bidder must agree to commence work on or before 7 days following the date set forth in the written “Notice to Proceed” to the Owner. The term of the contract will be for One year with One (1) One-year option to renew at the sole discretion of the City. The City reserves the right to extend the contract for a set period should the City determine such extension is in the best interest of the City.

AWARD OF CONTRACT

The City shall award the contract to the lowest responsible (demonstrably possessing the skill, ability, and integrity necessary to faithfully perform the work called for by the Contract, based upon a determination of competent workmanship and financial soundness) and eligible (able to meet all requirements for Bidders set forth in the Bidding Documents) Bidder within ninety (90) Days after the date of the opening of the Bids. If the Bidder selected as the contractor fails to perform its agreement to execute a contract in accordance with the terms of its Bid and furnish a performance bond and a labor and materials or payment bond, if required by the Bidding Documents, an award shall be made to the next lowest responsible and eligible Bidder. The ninety-day time limit shall not be applicable to a second or subsequent award made after the expiration of the time limit with the consent of the next lowest responsible and eligible bidder, and made because the original award made within the time limit was invalid, or because the bidder failed to execute the Agreement or to provide a performance and labor and materials or payment bond.

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

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

The City will submit to the selected Bidder at least Three (3) unsigned copies of the

Agreement between the City and the Contractor. The selected Bidder will be required to return

00100-6 to the Purchasing Department within ten (10) business days of the notice of award all of the copies of the Agreement between the City and the Contractor signed, its performance bond, its labor and materials or payment bond and all required certificates of insurance. Failure of the selected Bidder to submit all of the required documents in a timely fashion may result in the withdrawal of the award. The City will return one fully signed copy of the Agreement to the

Contractor. Time is of the essence in the performance of the Agreement.

ELIZABETH UNGER

PURCHASING AGENT

00150-1

ABBREVIATIONS AND REFERENCES

AASHTO - American Association of State Highways and Transportation Officials

ASTM - American Society of Testing Materials

MHD - Massachusetts Highway Department (formerly MDPW, Massachusetts Department of

Public Works)

AAB – Architectural Access Board

ADA – American Disabilities Act

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

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

PERMITS AND FEES

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

Permits to excavate the public way cannot be issued until the applicant has notified the appropriate utility companies, as required by Massachusetts General Laws, Chapter 370 of the

Acts of 1963. The applicant must either: 1) obtain written receipts from the affected utilities, and provide copies of same to the owner; or 2) utilize the Dig-Safe System for the required notifications, and also submit written notifications for those utilities not participating in the

Dig-Safe System. Written notifications must state that utility companies have been notified and the contractor cleared to begin work.

The following utility companies must be notified in writing:

M.B.T.A. (617) 222-3200

10 Park Plaza, Suite 3910

Boston, MA 02116

M.W.R.A. (617) 242-6000

100 First Avenue

Charlestown Navy Yard

Boston, MA 02129

00150-2

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

Enbridge (781) 329-3750 x7710

Attention: Peter Kerrigan pfkerrigan@spectraenergy.com

Westwood Area Office 1-800-726-8383

8 Wilson Way

Westwood, MA 02090

Verizon (781) 376-8172

Attention: Matt King matthew.i.king@one.verizon.com

275 Wildwood St.

Woburn, MA 01801

KeySpan Gas (617) 323-9210

Attention: Mr. Dennis Peri

201 Rivermoor Street

West Roxbury, MA 02132

Eversource Electric. (617) 541-7072 x4195

Attention: William Zamparelli william.zamparelli@eversource.com

1165 Massachusetts Avenue

Dorchester MA 02125

Veolia Steam (857) 401-9812

Attention: John Moloney john.moloney@veolia.com

53 State Street, Suite 14

Boston, MA

Eversource Gas (339) 987-7979

Attention: Michael Needham michael.needham@eversource.com

101 Linwood Drive

Somerville, MA 02143

COMCAST (617) 279-7037

Attention: Anthony Vataloro Anthony_Vatalaro@cable.comcast.com

55 Concord St.

North Reading, MA 01864

Cambridge Public Works Department (617) 349-4800

Attention: Permits

147 Hampshire Street

Cambridge, MA 02139

Cambridge Water Department (617) 349 4770

Attention: Steve Lush slush@cambridgema.gov

250 Fresh Pond Parkway

Cambridge, MA 02138

Cambridge Electrical Department (617) 349-4900

489 Broadway

Cambridge, MA 02138

00150-3

Bay State Network Services (617) 429-3847

Ben Whitaker bwhitaker@baystatens.com

4 Meredith Way, Suite # 4

Rockland, MA 02370

Dig-Safe 811

At least a 72-business hour notice is required for DIG SAFE in Massachusetts.

The Contractor shall have all utilities marked out along the course of this work by such means as the Owner shall approve and shall preserve such marked locations until the work has progressed to the point where the encountered utility is fully exposed and protected as required.

It shall be the Contractor's responsibility to notify utilities at least 48 hours prior to the start of any excavation.

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

00210-1

CAMBRIDGE EMPLOYMENT PLAN

Municipal Ordinance Sections 2.66.060, ET SEQ.

MINORITY/WOMEN/RESIDENT HIRING

HIRING REQUIREMENTS

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

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

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

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

COMPLIANCE, ENFORCEMENT, SANCTIONS

1. All Contractors entering into construction contracts shall:

a. Certify that they have read the provisions of Cambridge Municipal Ordinance Section

2.66.060, et seq. and that they shall comply with them;

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

c. Maintain personnel records listing names, addresses, sex and race of their employees; and require their subcontractors to do likewise. All records required to be maintained by this section shall be made available on request to representatives of said Cambridge Community

Development Department. All such records shall be maintained for the duration of the construction project and for one year thereafter.

2. Failure to comply with these requirements will result in the impositions of sanctions permitted by the Cambridge Municipal Code.

3. The following standards will be used to determine whether the Contractor has acted in good faith in attempting to meet the requirements of Cambridge Municipal Ordinance Section

2.66.060, et seq. for hiring residents, minorities and women:

00210-2

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

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

2. Interviewed all qualified applicants and returned completed interview forms to ERI within one week of each respective interview;

3. It provided the City with the name and telephone number of the person designated as Compliance

Officer to work directly with the City; and

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

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

1. Placed its own ads in local and local minority newspapers or tabloids;

2. Placed a State Department Employment and Training ad.

00210-3

CAMBRIDGE EMPLOYMENT PLAN

Article II. Construction Projects

2.66.060 Construction Projects - Worker Qualifications.

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

1. No less than twenty-five percent of the total employee worker hours shall be performed by bona fide Cambridge Residents.

2. No less than twenty-five percent of the total employee worker hours shall be performed by minority persons.

3. No less than ten percent of the total employee worker hours shall be performed by women.

B. This section shall not apply to housing rehabilitation projects including eight of fewer. (Ord.

1053 (part), 1987: prior code Ss 24-6)

2.66.070 Compliance, enforcement, sanctions.

A. All contractors entering into construction contracts covered by Article II of this chapter shall:

1. Certify that they know of the provisions of said Article and that they intend to comply with them;

2. List all job openings with the Employment and Training Agency or Agencies and keep accurate records as to actions taken on referrals from these agencies;

3. Maintain personnel records listing the names, addresses, sex and race of their employees; and require their subcontractors to do likewise.

B. The Cambridge Community Development Department shall develop, in consultation with the Employment and Training Agency or Agencies, good-faith measures by which to judge the affirmative actions of contractors operating under the provisions of this Article II. All records required to be maintained by this section shall be made available on request to representatives to said Department. All such records shall be maintained for the duration of the construction project and for one year thereafter.

C. Should a contractor be deemed not to have complied with the provisions of this Article II, nor to have made a good-faith effort to do so, it shall not be actively considered for future public construction contracts in Cambridge. (Ord. 1053 (part), 1987: prior code Ss 24-7)

00211-1

ORDINANCE NUMBER 1260

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

City of Cambridge

In the Year Two Thousand and Two

AN ORDINANCE

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

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

That Title 2 of the Municipal Code entitled “Administration and Personnel” be amended in

Chapter 2.66 entitled “Cambridge Employment Plan” by striking out Section 2.66.080 entitled “Contractor qualifications and sanctions” and substituting in place thereof the following new section.

Section 2.66.080 Contractor qualifications and sanctions.

A. All bidders and all subcontractors under the bidder for projects subject to G.L. c. 149, §44A(2) and G.L. c 30 §39M shall, as a condition for bidding, agree in writing that they shall comply with the following obligations:

1. The bidder and all subcontractors under the bidder shall comply with the Cambridge

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

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

3. The bidder and all subcontractors under the bidder must maintain or participate in a bona fide apprentice training program as defined by c. 23, §§11H and 11I for each apprenticeable trade or occupation represented in their workforce that is approved by the Division of Apprentice

Training of the Department of Labor and Industries and must abide by the apprentice to journeymen ratio for each trade prescribed therein in the performance of the contract.

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

§39M in establishing minimum wage rates.

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

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

B. All bidders and subcontractors under the bidder who are awarded or who otherwise obtain contracts on projects subject to G.L. c. 149, §44A(2) and G.L. c 30 §39M shall comply with the obligations numbered 1 through 6 as set forth in subsection A of this section for the entire duration of their work on the project, and an officer of each such bidder or subcontractor

00211-2 under the bidder shall certify under oath and in writing on a weekly basis that they are in compliance with such obligations.

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

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

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

In City Council September 9, 2002.

In City Council September 24, 2001.

Passed to be ordained.

Yeas 8; Nays 0; Absent 1.

Attest:- D. Margaret Drury, City Clerk.

A true copy;

ATTEST:-

D. Margaret Drury

City Clerk

00211-3

Project:

Contract#:

CAMBRIDGE RESPONSIBLE EMPLOYER PLAN

GENERAL CONTRACTOR'S CERTIFICATION - WEEKLY CONTRACT FORM

_______________________________________ hereby certifies that it, (Name of General Contractor) and all its subcontractors who are not filed sub-bidders:

(1) are complying with the Cambridge Employment Plan as it currently exists and as it may be, from time to time, amended, and specifically are complying with the worker hours requirements of §2.66.060(A);

(2) are complying with the obligations established under M.G.L. c.149 and G.L. c30§39M to pay the appropriate lawful prevailing wage rates to its employees;

(3) are maintaining or participating in a bona fide apprentice training program as defined by c.23 §§ 11H and 11I for each apprenticable trade or occupation represented in its workforce that is approved by the Division of Apprentice Training of the Department of Labor and Industries and are abiding by the apprentice to journeymen ratio for each trade prescribed therein in the performance of the contract;

(4) are furnishing, at its expense, hospitalization and medical benefits for all its employees employed on the project and/or coverage at least comparable in value to the hospitalization and medical benefits provided by the health and welfare plans in the applicable craft recognized by M.G.L.c.149, §26 and G.L. c30§39M in establishing minimum wage rates;

(5) are maintaining appropriate industrial accident insurance coverage for all its employees employed on the project in accordance with M.G.L. c.152; and

(6) are properly classifying employees as employees rather than independent contractors and treat them accordingly for purposes of workers' compensation insurance, unemployment taxes, social security taxes and income tax withholding.

The General Contractor certifies under oath that it is in compliance with the above obligations.

Signed under the penalties of perjury, week of: ___________________________(date)

Signature of authorized representative of contractor

Print name of authorized representative of contractor

THIS FORM MUST BE SUBMITTED TO THE CITY OF CAMBRIDGE PURCHASING DEPARTMENT ON A

WEEKLY BASIS FOR THE LIFE OF THE PROJECT

00211-4

Project:

Contract #:

CAMBRIDGE RESPONSIBLE EMPLOYER PLAN

NON-FILED SUBCONTRACTOR CERTIFICATION - WEEKLY CONTRACT FORM

_________________________________ hereby certifies that it:

(Name of Subcontractor)

(1) complies with the Cambridge Employment Plan as it currently exists and as it may be, from time to time, amended, and specifically shall comply with the worker hours requirements of §2.66.060(A);

(2) complies with the obligations established under M.G.L. c.149 and G.L. c30§39M to pay the appropriate lawful prevailing wage rates to its employees;

(3) maintains or participates in a bona fide apprentice training program as defined by c.23 §§ 11H and 11I for each apprenticable trade or occupation represented in its workforce that is approved by the Division of Apprentice Training of the Department of Labor and Industries and shall abide by the apprentice to journeymen ratio for each trade prescribed therein in the performance of the contract;

(4) furnishes, at its expense, hospitalization and medical benefits for all its employees employed on the project and/or coverage at least comparable in value to the hospitalization and medical benefits provided by the health and welfare plans in the applicable craft recognized by M.G.L. c.149, §26 and G.L. c30§39M in establishing minimum wage rates;

(5) maintains appropriate industrial accident insurance coverage for all its employees employed on the project in accordance with M.G.L. c.152; and

(6) properly classifies employees as employees rather than independent contractors and treat them accordingly for purposes of workers' compensation insurance, unemployment taxes, social security taxes and income tax withholding.

The Subcontractor certifies under oath that it is in compliance with the above obligations.

Signed under the penalties of perjury, week of: ___________________________(date)

Signature of authorized representative of subcontractor

Print name of authorized representative of subcontractor

THIS FORM MUST BE SUBMITTED TO THE CITY OF CAMBRIDGE PURCHASING DEPARTMENT ON A

WEEKLY BASIS FOR THE LIFE OF THE PROJECT

00215-1

ORDINANCE NUMBER 1376

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

In the Year Two Thousand and Fifteen

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

City of Cambridge be amended as follows:

Chapter 2.121

LIVING WAGE ORDINANCE Sections:

2.121.010 Title and Purpose

2.121.020 Definitions

2.121.030 Living Wage

2.121.040 Waivers and Exceptions

2.121.050 Notification Requirements

2.121.060 Duties of covered Employers

2.121.070 Community Advisory Board

2.121.080 Enforcement

2.121.090 Severability

2.121.100 Effective Date

2.121.010 Title and Purpose.

This Chapter shall be known as the"Cambridge Living Wage

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

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

2.121.020 Definitions.

For the purposes of this ordinance, the term:

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

Cambridge, the Purchasing Department, with the advice and assistance of the appropriate department which receives the services, for Covered Employers who contract or subcontract with

00215-2 the City of Cambridge, the School Department for employees, contractors and subcontractors of the School Department, and the City Manager's Office for any other Person who is a

Beneficiary of assistance other than a contract or subcontract.

(b) "Assistance" means:

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

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

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

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

(c) "Beneficiary" means:

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

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

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

(e) "Covered Employee" means:

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

(2) a person, other than a Covered Building Service Employee, employed by a

Covered Employer, or a person employed by an independent contractor doing business with a

Covered Employer, who would directly expend any of his or her time on the activities funded by the contract or the activities for which the Beneficiary received the Assistance, except for persons in those positions listed in Section 2.121.040(j) of this ordinance.

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

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

Commonwealth of Massachusetts.

(h) “Service Contract” means a contract let to a contractor by the City of Cambridge for the

00215-3 furnishing of services, to or for the City, except contracts where services are incidental to the delivery of products, equipment or commodities. A contract for the purchase or lease of goods, products, equipment, supplies or other property is not a “service contract” for the purposes of this definition.

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

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

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

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

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

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

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

2.121.030 Living Wage.

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

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

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

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

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

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

2.121.040 “Standard Compensation”

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

00215-4

Compensation to Covered Building Service Employees.

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

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

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

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

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

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

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

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

Contract.

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

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

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

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

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

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

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

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

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

Building Service Employee in one of the following ways: (1) in the form of health and other benefits (not including paid leave) that cost the Covered Building Service Employer the entire required hourly supplemental amount; (2) by providing a portion of the required hourly supplement in the form of health and other benefits (not including paid leave) and the balance in cash; or (3)

00215-5 by providing the entire supplement in cash. The required hourly supplemental rate shall be equal to the greatest of the following: (1) the monetary value of the health and other benefits (not including paid leave) provided under the prescribed rate of wages as determined by the director of the department of labor standards pursuant to section 27H of chapter 149 of the General Laws of

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

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

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

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

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

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

Building Service Employee is eligible, but for which no payment is actually made by a Covered

Building Service Employer to the Covered Building Service Employee or to any other party on the Covered Building Service Employee’s behalf, because the Covered Building Service

Employee either does not actually utilize or does not elect to receive the benefit for any reason

(ix) Standard benefits for Covered Building Service Employees other than for security guards shall be adjusted annually to be no less that equal to the value of the greatest of the following: (1) the value of the previous standard benefits increased by the annual percentage difference between the current Boston-Lawrence -Sa lem, MA - NH Consumer Price Index (CPI) for all items for

All Urban Consumers and the same CPI for the same month of the previous year, or (2) the current monetary value of the health and other benefits (not including paid leave) provided under the prescribed rate of wages as determined by the director of the department of labor standards pursuant to section 27H of chapter 149 of the General Laws of Massachusetts.

(x) Standard benefits for security guards shall be adjusted annually to be no less that equal to the value of the greatest of the following: (1) the value of the previous standard benefits increased by the annual percentage difference between…