Braintree Public Schools Elementary Study IFB.pdf

Braintree Public Schools

Elementary School Space Utilization Analysis IFB

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BRAINTREE PUBLIC SCHOOLS

348 Pond Street

Braintree, MA 02184

Invitation for Bid (IFB)

Elementary School Space Utilization Analysis and Technical

Support Services

Due: August 12, 2024 at 12:00 p.m.

Contact:

Sara Kauffman

Sara.kauffman@braintreeschools.org

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Table of Contents

I. Legal Ad

II. Project Background

III. Scope of Services

IV. Deliverables

V. Project Timeline

VI. Key Dates for Bids

VII. Minimum Qualifications

VIII. Rule for Award

IX. Bid Submission Requirements

X. Bid Submission Checklist

XI. Form for General Bid

XIII. Additional Required Forms

Certificate of Authorization

Non-Collusion Statement

Tax Attestation

Sample Contract

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I. Legal Ad

Legal Advertisement

BRAINTREE PUBLIC SCHOOLS

ELEMENTARY SCHOOL SPACE UTILIZATION ANALYSIS

INVITATION FOR BIDS (IFB)

The Town of Braintree, pursuant to M.G.L. 30B, is seeking bids from qualified vendors for elementary school space utilization analysis and technical support services. The Invitation for

Bids (IFB) may be obtained from the Town website at http://www.braintreema.gov/Bids.aspx on

July 29, 2024. Bids are due on August 12, 2024 until 12:00 PM (noon) to Sara Kauffman, Director of Finance and Operations, Braintree Public Schools Central Office, 348 Pond Street

Braintree, MA 02184 or via Commbuys. Bids that are not prepared as required will be considered non-responsive. E-Mail submissions will not be accepted. It is the sole responsibility of a Bidder to ensure its bid is received, regardless of the manner of delivery, by the deadline. It is strongly recommended that bids are mailed or delivered in advance of the due date and time.

Late bids will not be accepted.

The Town reserves the right to cancel all or part of this solicitation and to reject in whole or part any and all proposals. Notice is also available at www.masspublicnotices.org.

http://www.masspublicnotices.org/

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II. Project Background

Braintree Public Schools, located in Braintree, Massachusetts is a suburban district with approximately 5,400 students, 850 employees, and is governed by an elected seven-member

School Committee. The district includes an integrated preschool, six elementary schools, two middle schools, and a high school.

Braintree’s enrollment has declined in recent years, accompanied by significant demographic changes in the Town, leading to an increase in the diversity of the student body and a higher number of English Language Learners. A detailed assessment of Braintree Public Schools resource allocation is currently underway, expected to be completed in August 2024.

Braintree Public Schools has recently opened a new middle school, which presents an opportunity for an independent evaluation. With grade 5 now moved from each elementary school to the middle school buildings, and kindergarten classes have all moved from the now-closed kindergarten center into the elementary schools, the district is examining the potential benefits of these changes. Specifically, the district aims to efficiently utilize the school buildings in town and develop a financially sustainable long-term plan, considering the age and condition of some school buildings. Additionally, in the upcoming school year the district anticipates a meaningful variance across the neighborhood elementary schools in class size and teacher to student ratios. . Braintree Public Schools is looking for a firm to facilitate a process that produces potential redistricting scenarios. This includes creating maps and conducting space-utilization analysis to make recommendations to the School Committee. The recommendation must demonstrate the district’s effort to achieve a district-wide enrollment balance based on anticipated enrollment trends for both the elementary and middle school levels. The recommendation must also address how Braintree Public Schools might establish a more routines re-districting process and schedule (i.e., how frequent? What would trigger the process?).

Braintree Public Schools takes pride in offering a variety and high caliber special education programs across the district. These programs are currently distributed throughout each elementary school and middle school. Any recommendation must preserve these programs and prioritize keeping the programs at each school. For example, Braintree Public Schools does not support consolidating special education programs into one or two buildings. However, the

Braintree Public Schools would be open to moving programs around in order to adjust enrollments if necessary.

Any recommendation must also consider transportation concerns and traffic patterns, as

Braintree has unique and challenging traffic patterns and population density centers.

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The successful vendor will demonstrate experience and expertise in conducting similar projects in districts of similar size. Respondents must be able to provide the services within the scope of this RFP and demonstrate the ability to adhere to their proposed project timeline.

III. Scope of Services

Using the most recent demographic data and based on the projected enrollment trends, the vendor will review current elementary school boundaries, enrollment and programming. The vendor will offer multiple solutions to best address facilities, space and programmatic needs of the district.

IV. Deliverables

The scope of work includes the analysis of district information, the creation and refinement of boundary maps, and generating demographic and geographic data based on these maps for committee review and scenario development. The district seeks recommendations to determine best options on possible redistricting, school building consolidation and/or closure, and space utilization.

The district envisions the vendor collaborating with key stakeholders (to be identified by

Braintree) to produce initial sets of maps and datasets, refining these maps over time to achieve a preferred scenario or set of scenarios to be recommended to the Braintree School Committee.

The vendor must provide a community engagement strategy for collecting input and disseminating findings, including meetings open to the broader community as deemed necessary based on similar project experience. The vendor will be responsible for assisting Braintree Public

Schools in creating and collecting any community surveys and the creation of a website as necessary.

Evaluation of scenarios by the Braintree School Committee will be based on the data produced by the vendor accompanying each proposed scenario.

The vendor will be responsible for identifying the data necessary to perform this work, and will work collaboratively with Braintree Public Schools to ensure all data needs are sufficiently met.

For each scenario proposed, the vendor will provide corresponding datasets that include:

• Student count by grade level (for the next 5 years) within each proposed attendance areas

• Average distance to school for each proposed attendance area

• Number of neighborhoods split between multiple attendance areas

• Number of residences and students, by grade level, required to change schools (placed in a new attendance zone)

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• Number of classrooms and staff impacted with any changes.

• The proposed changes in demographics from current to proposed should include any percentage shifts in high needs students.

• Other relevant information as needed to fully understand the work performed

• Possible increases or decreases in transportation requirements and routes, including potential financial impact

In addition, the vendor will be required to:

• Analyze the existing demographic data including, but not limited to, population diversity trends, housing developments, program participation, at a level that relates to district boundaries as well as areas from which current students are enrolled.

• Utilize the district and consultant enrollment forecasts to develop the maps. If necessary, additional forecasting may be needed to obtain neighborhood level enrollment projections.

• Provide high resolution (street level) PDFs and GIS shape files for proposed attendance areas so they can be shared with the school committee and the public.

Vendor must keep in confidence and shall not, at any time, directly or indirectly, disclose, reveal, divulge, publish or otherwise make known to any person other than authorized school personnel any Confidential Information, which shall mean information protected by the Family Educational

Rights and Privacy Act (“FERPA”) (20 U.S.C. §1232(g)), Massachusetts student records law and the accompanying regulations at 603 CMR 23.00 et. seq., and information exempt from disclosure under the Massachusetts Public Records Law (whether in oral or written form, electronically stored or otherwise and whether or not labeled confidential, proprietary or the like), unless agreed to by the parties.

V. Project Timeline

Braintree Public Schools will solicit proposals from vendors beginning July 29, 2024. Bids will be reviewed by the Braintree School Committee and their designee(s). The work is scheduled to begin Fall 2024 with anticipated completion and final reports submitted by November 1, 2024.

The district anticipates the following schedule for selecting and contracting with the selected vendor. The dates below are subject to revision at the discretion of the district.

VI. Key Dates for Bids

July 27, 2024 Advertise in Patriot Ledger

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July 29, 2024 Advertise in Goods and Services Bulletin and Commbuys

July 29, 2024 Bid Documents Available from Town Website

August 5, 2024 Deadline for Questions to Director of Finance

August 7, 2024 Last Day Addenda will be Issued

August 12, 2024 at 12pm Proposals Due in Director of Finance’s Office or via

Commbuys

Mid August 2024 (on or before) Notice of Award

VII. Minimum Qualifications

The following minimum qualifications must be SUBMITTED by the Consultant:

1. Three to five years’ experience providing consulting services, including assessment related to school redistricting plans.

2. The names of the members of the team that would be assigned to this project, if selected, and their relevant experiences over the past three to five years.

VIII. Rule for Award

The contract will be awarded to the responsive and responsible bidder offering the lowest total price for all required services.

Braintree Public Schools reserves the right to accept any and all bids and to waive all informalities in a bid and to award a contract in the best interest of the School District.

IX. Bid Submission Requirements

A. Time and Place for Submission: Bids are to be submitted to: Braintree Public Schools

Central Office, 348 Pond Street, Braintree, MA 02184 via Commbuys, by mail, or in person until August 12, 2024 at Noon at which time bids will be opened and taken under advisement. Faxed or emailed submissions will not be accepted. Late bids will not be accepted. Bids must be sealed and clearly marked with the words “Braintree Public

Schools Elementary School Space Utilization Analysis IFB.” It is the sole responsibility of the bidder to ensure its bid is received, regardless of the manner of delivery, by the deadline. It is strongly encouraged that bids are mailed or delivered in advance of the due date and time. Postmarks will not be considered. Braintree Public Schools shall not be responsible for proposals arriving late due to couriers, deliveries to wrong locations, Page | 8 express mailing service errors, etc. If, at the time that bids are due, Braintree Public

Schools is closed due to uncontrolled events, bids will be accepted until Noon on the next full day that Braintree Public Schools is open. For the purposes of determining whether a bidder has met the deadline, time.gov shall indicate the official time. No individual extensions of this deadline will be granted.

Bids will be opened by the Director of Finance and Operations, in the presence of one or more witnesses. A register of bids received will be compiled and will be available as a public record by the close of business on the date that bids are due.

B. Bid Submittal: Each bidder must submit ONE bid package, marked with the proposer’s name and address, and “Braintree Public Schools Elementary School Space

Utilization Analysis IFB”. Bid package must contain the following items properly completed, executed and sealed. Please submit only the listed required forms and documents and in the order requested. Do not include copies of the IFB and addenda.

C. Questions: Questions arising from this document must be submitted to the Braintree

Public Schools Director of Finance and Operations in writing. They must be submitted in accordance with Section VI Key Dates for Bids. Questions should not be directed to any other person. Due to the possible interference of SPAM filters, etc., bidders are responsible for ascertaining that their questions have been received prior to the deadline for questions. The Town reserves the right to disqualify any proposer that it believes to be interfering with this procurement by raising irrelevant, nuisance, or diversionary issues in order to delay or render the procurement invalid, whether timely or not.

D. Addenda: If necessary to maintain a fair and equal bidding environment, Braintree

Public Schools will issue addenda to all Bidders who have requested IFB packages.

Addenda will posted to the Town website at https://braintreema.gov/Bids.aspx

This site is the only site for prospective bidders to obtain digital copies of official Town bid documents.

The Town does not warrant, represent, or guarantee the accuracy or completeness of any bid documents and/or information retrieved from any third party source. The Town is not responsible for any loss or damage including, but not limited to, time, money, or goodwill arising from errors, inaccuracies or omissions in any third party bid documents and/or information.

https://braintreema.gov/Bids.aspx

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Be advised that the information contained on this website may change over time and without notice to prospective bidders. It is the responsibility of each prospective bidder to check this website regularly through the close of bids for any applicable addenda or updates. The Town will require acknowledgement of any addenda issued to be included on the technical proposal form. No addenda will be issued later than the date listed in

Section VI Key Dates for Bids.

E. Bid Modifications and Withdrawals: A bidder may correct, modify, or withdraw a bid by written notice received by the Town prior to the due date and time. Each modification package must be marked with the proposer’s name and address, and “Braintree Public

Schools Elementary School Space Utilization Analysis IFB.” The highest numbered modification will be taken as the only submission by a bidder.

A bidder who wishes to withdraw a bid must make a request in writing prior to the due date and time. No bidder will be allowed to withdraw a bid, for any reason whatsoever, after the bids have been opened.

After the bid due date, a bidder may not change any provision of the bid in a manner prejudicial to the interests of the Braintree Public Schools or fair competition. Minor informalities will be waived or the Bidder will be allowed to correct them. If a mistake and the intended bid are clearly evident on the face of the bid document, the mistake will be corrected to reflect the intended correct bid, and the Bidder will be notified in writing.

F. Interval for Bid Validity: It is understood that the Bidder’s offer to the Braintree Public

Schools will remain valid for 90 days past the submission deadline.

G. Governed by Law: The Bidder’s attention is directed to the fact that all applicable federal and state laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over municipal finance shall apply to the contract throughout, and they shall be deemed to be included in the contract the same as though herein written out in full.

H. Non-Collusion: It is understood that the Bidder has submitted the Bid in good faith and has not colluded with any other individuals, firms, or corporations in creating the proposal to subvert the market process. See Section XIII Additional Required Forms.

I. False Representations: Pursuant to M.G.L. c. 266 § 67A, anyone in any matter relative to the procurement of supplies or services who intentionally makes a material statement that is false, omits or conceals a material fact in a written statements, submits or invites

Page | 10 reliance on a material writing that is false, submits or invites reliance on a sample or other object that is misleading, or uses any trick, scheme or device that is misleading in a material respect will be subject to sanction pursuant to the laws of the Commonwealth of

Massachusetts.

J. Bid Costs: All costs involved in preparing the Bid will be borne by the Bidder. The

Town or any Department, Division, employee or section of the Town will not be liable for any costs associated with the formation of the Proposal.

K. Incomplete Bids: Any bid which is not according to prescribed form, incomplete, not properly signed, or contrary to the instructions and requirements contained in the

Invitation for Bid (IFB) may be rejected by the Braintree Public Schools. Conditional bids will not be accepted.

L. Late Bids: Any bid received after the date and time stated in the Legal Advertisement will be deemed “non-eligible” and shall not be opened. Unopened bids will not be returned to the Bidder.

M. Right to Cancel: The Chief Procurement Officer may cancel this IFB, or reject in whole or in part any and all bids, if the Braintree Public Schools determines that the cancellation or rejection services the best interests of Braintree Public Schools.

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X. Bid Submission Checklist

Form for General Bid

Proposal including

• Letter of Interest and Statement of Qualifications

• List firm experience and project history of similar scope alone with references including contact information.

• List key personnel including resumes, background and a summary of roles and responsibilities on the project

• Detailed summary of tasks and how the firm proposes to handle different aspects of the project to complete the scope of work. A work plan describing methodologies, approaches, and roles and responsibilities for how the work will be accomplished

• Submit a detailed timeline for each phase of the project

References

Certificate of Authorization

Non-Collusion Statement/Tax Attestation

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XI. Form for General Bid

NAME OF BIDDER:

ADDRESS:

TOWN/STATE/ZIP:

Contact Person for this Bid:

TELEPHONE:

EMAIL:

Please disclose any conditions (bankruptcy or other financial problems, pending litigation, etc.) that may affect the Bidder’s ability to perform contractually. This applies to the individual, partners, or corporate officers responding to this IFB. (Attach additional pages if necessary.)

Has the bidder (individual, partners, or corporate officers) ever been dismissed or disqualified from a bid/contract within the past five years, and if yes, please state the reason(s). (Attach additional pages if necessary.)

Bid Submitted By:

Signature1: ____________________________

Name Title Date

By signing this bid, I (we) hereby bind ____________________________________ (name of individual or company) to all comments made in the bid, and accept all of the provisions made in the Invitation for

Bids.

1 A bid must be signed as follows: 1) If the Bidder is an individual, by her/him personally; 2) If the Bidder is a partnership, by the name of the partnership, followed by the signature of each general partner; and 3) if the Bidder is a corporation, by the authorized officer.

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Line 01: Elementary Boundary Analysis: Working with Braintree Public School staff, perform data analysis and a final report to summarize and present results in a user friendly, clear manner using both BPS and consultant tools to generate options / build scenarios for boundary changes.

BPS staff include Superintendent, Assistant Superintendent, Director of Finance and Operations, Transportation Coordinator, and other staff as needed. BPS tools include Enrollment data

(historical and projected) and Town GIS. Work may be on site at BRAINTREE Public Schools or at the consultant’s office, at the discretion of BRAINTREE Public Schools.

Line 01a: Elementary Boundary Analysis work with BRAINTREE Public Schools

Project Manager hourly rate: $_______ x est. total hrs. _______ = $__________

Consultant/Analyst hourly rate: $_______ x est. total hrs. _______ = $__________

Line 01b: Administrative Fee: _____% x est. labor expenses = $__________

Line 01c: Other Materials* expenses over the duration of the contract $ __________

Presentation materials expenses must be pre‐approved by BPS prior to incurring and billing for reimbursement. Materials should be limited to document reproduction, printing of large format maps and graphs and other incidental document production related expenses.

No travel or lodging expenses will be reimbursed separately within this contract so please quote accordingly.

Grand Total for Line 01 (add all totals in a, b & c) $ ____________

Line 02a: Assignment Planning: Attend Work Planning meetings at BRAINTREE Public

Schools:

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Principal/Senior Project Manager hourly rate: $_______ x est. total hrs. ______ = $__________

Consultant/Analyst hourly rate: $_______ x est. total hrs. _______ =$__________

Line 02b: Assignment Planning: Attend Working Group meetings at BRAINTREE Public

Schools (4 estimated) and Public Meetings (2 estimated) to support the process, facilitate discussion, contribute expertise, and answer questions about the analysis.

Principal/Senior Project Manager hourly rate: $_______ x est. total hrs. ______ = $__________

Consultant/Analyst hourly rate: $_______ x est. total hrs. _______ = $__________

Line 02c: Assignment Planning: Development of presentation materials for working group meetings and/or public meetings including maps, charts, graphs and tables and a final report to summarize and present results in a user friendly, clear manner.

Consultant/Analyst hourly rate: $_______ x est. total hrs. _______ = $__________

Line 02d: Administrative Fee: _____% x est. labor expenses = $__________

Line 02e: Other Materials* expenses over the duration of the contract $ _________

Presentation materials expenses must be pre‐approved by BPS prior to incurring and billing for reimbursement. Materials should be limited to document reproduction, printing of large format maps and graphs and other incidental document production related expenses.

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No travel or lodging expenses will be reimbursed separately within this contract so please quote accordingly.

Grand Total for Line 02 (add all totals in a, b, c, d & e) $ ____________

The consultant team is expected to work collaboratively with the project, district, and school staff on all aspects of the evaluation.

2. Price Schedule

Bid for evaluation services, recommendations, implementation and presentation materials and reporting as specified within:

Grand Total for Boundary Analysis Line 01 (add a, b & c) $ ____________

Grand Total for Student Assignment Analysis Line 02 (add a, b, c, d & e) $________

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References

Please provide references from organizations for which you have provided services in the last five years, selecting those for whom the work was most similar to the work requested by the Town of Braintree.

REFERENCE FORM:

Municipality or Firm

Dates of Service

Contact Person & Title

Phone Number:

E-Mail

Description of Services:

RESPONDER MAY PROVIDE ADDITIONAL REFERENCES.

COPY APPENDIX D AND MARK “ADDITIONAL REFERENCES”

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XIII. Additional Required Forms

Certificate of Authorization

(NOTE: A certified vote of the corporation may be substituted for this form.)

The Vendor, ________________________________ is: (CHECK ONE) (Name of Company/Consultant/Corporation)

_____ A. a corporation formed and existing under the laws of the state of

_______________________, and pursuant to the corporate by-laws, _

(Insert Name and Title of Authorized Representative) is authorized to execute contracts in the name of said corporation. Such execution of any contract or obligation in this corporation’s name on its behalf by such duly authorized individual shall be valid and binding upon the corporation.

_____ B. a limited liability company or a partnership formed and existing under the laws of the state of __________________, and pursuant to the limited liability company agreement or partnership agreement, is authorized to execute contracts in the name of said company or partnership. Such execution of any contract or obligation in this company or partnership’s name on its behalf by such duly authorized individual shall be valid and binding upon the company or partnership.

_____ C. is a sole proprietorship owned an operated exclusively by the undersigned.

Execution of any contract or obligation in this sole proprietorship’s name by such duly authorized individual shall be valid and binding.

Signature:

Print Name of Above

Title

Date

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Non-Collusion Statement

I state that I am the of and

(Title) (Name of Company) that I am authorized to make this affidavit on behalf of my firm, its owners and directors.

I state that:

(1) The price(s) and amount of this proposal have been arrived at independently and without consultation, communication or agreement with any other Contractor or potential Proposer.

(2) Neither the price(s) nor the amount of the proposal, and neither the approximate price(s) nor approximate amount of this proposal, have been disclosed to any other firm or person who is a

Proposer or potential Proposer, and they will not be disclosed before the proposal opening.

(3) No attempt has been made or will be made to induce any firm or person to refrain from bidding on this contract, or to submit a bid higher than this bid, or to submit any intentionally high or noncompetitive bid or other form of complementary bid.

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

Tax Attestation

Pursuant to Massachusetts General Laws, Chapter 62C, Section 49A (b), I certify under the penalties of perjury that to the best if my knowledge and belief, has filed all Massachusetts State Tax Returns and paid all Massachusetts State taxes as required by law.

I state that understands and acknowledges that the above representations are material and important, and will be relied on by the Town of Braintree in awarding the contract for which this Proposal is submitted. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from the Town of Braintree the true facts relating to the submission of this Proposal.

Signed under the pains and penalties of perjury this day of 2024.

Signature

By:

Print Name and Title

Date:

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SAMPLE CONTRACT BETWEEN THE TOWN OF BRAINTREE

AND

VENDOR—DO NOT FILL OUT

This Contract is made on the last date of signature between the Town of Braintree, acting by and through its duly elected Mayor (hereinafter, the "Town") and Vendor, (hereinafter, the

"Vendor") whereby the parties contract for services under the terms and conditions set forth herein.

I. PARTIES

The parties to this contract are the Town of Braintree, acting by and through its duly elected Mayor and Vendor. The Town of Braintree is a municipal corporation of the

Commonwealth of Massachusetts having a principal place of business at One J. F. K. Memorial

Drive, Braintree, MA 02184 and Vendor is a (corporation/sole proprietorship/limited liability company/ partnership) with a principal place of business at__________________.

II. DESIGNATED REPRESENTATIVES

The Town designates ____________ __ (name and title) and Vendor designates

____________________________ (fill in name and title) as their authorized representatives to provide approvals, directives, and permissions including changes, and to receive notices or other communications under this Agreement at the addresses stated above.

III. CONTRACT DOCUMENTS

The contract documents shall consist of the following:

1) This Contract;

2) Town’s Specifications, dated __________;

3) Vendor’s proposal, dated __________;

4) Vendor’s Certificate of Non-Collusion;

5) Vendor’s Certificate of Tax Compliance; and

6) Vendor’s Certificate of Authorization;

7) Vendor’s Performance & Payment Bonds, if applicable;

8) Vendor’s Certificate of Insurance;

9) Vendor’s Additional Insured Endorsement Page; and

10) Prevailing Wage Schedule, if applicable.

Such contract documents shall be incorporated herein by reference and made a part of this Contract, which represents the entire agreement and understanding between the Parties. This contract is subject to the laws of the Commonwealth of Massachusetts. All pertinent laws and regulations are applicable as if fully written out in this document. If the terms of any of the documents are in conflict, the terms of this Contract shall prevail.

IV. SERVICES

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The scope of services to be provided by Vendor is as follows:

(Insert description of services to be rendered. If services are detailed in the Town’s

Specifications, attach copy of the specifications and insert here: “The services to be performed by Vendor are fully described in the Town’s Specifications, which are attached hereto and incorporated herein by reference.” If the services are procured through the State bid list or through a consortium bid, please insert name and reference number to such bid.)

V. CHANGE ORDERS AND ADJUSTMENTS

The Town shall approve change orders and is not obligated to pay for change orders that are not approved in writing. M.G.L. c. 44, § 31C; M.G.L. c. 30, § 39I.

VI. QUALITY OF WORK

Vendor represents that it will perform services for the Town using that degree of care and skill ordinarily exercised by and consistent with the standards applicable to persons performing similar services under similar conditions in the same locality. Vendor shall be liable for its services rendered under this Contract.

VII. COMPENSATION

On a monthly basis, Vendor shall submit invoices to the Town with any reasonable supporting documentation requested by the Town, reflecting the services performed during said month. Upon satisfactory review of said invoices and documentation, the Town shall remit payment to Vendor. The Town shall not pay any interest or late fees. Total compensation to be paid to Vendor pursuant to this contract shall not exceed $______.

VIII. TIME FOR PERFORMANCE

All services to be performed pursuant to this contract shall be completed by Vendor by

_________. There will be no automatic renewals. Continuation of the service will require a new contract executed between the parties.

IX. SUBJECT TO APPROPRIATION

Notwithstanding anything in the contract documents to the contrary, any and all payments which the Town is required to make under this contract shall be subject to appropriation or other availability of funds, as certified by the Town Accountant.

X. ENFORCEABILITY OF CONTRACT

This contract is binding upon and enforceable against the Town if this contract is signed by the Mayor, endorsed by the Town Accountant as to appropriation or availability of funds, and endorsed as to form by the Town Solicitor. This contract is binding and enforceable against

Vendor if signed by their authorized representative.

XI. ASSIGNMENT

Vendor shall not delegate, assign or transfer its duties or interest in this Contract without the express written consent of the Town. If approved by the Town, this contract shall be binding upon Vendor’s assigns, transferees and/or successors in interest.

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XII. PREVAILING STATUTORY AUTHORITY

The validity, interpretation and performance of this Contract shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts. All proceedings under this Contract or related to the Project shall be brought in the courts of the Commonwealth of Massachusetts.

XIII. CONFLICT OF INTEREST

Both the Town and Vendor stipulate to the applicability of Massachusetts General Law

Chapter 268A, the Conflict of Interest Statute. The Parties further stipulate that the terms and conditions of this contract expressly prohibit any activity which constitutes a violation of this statute. By executing this contract, Vendor certifies that neither it nor any of its agents, employers or subcontractors is in violation of Massachusetts General Laws Chapter 268A.

XIV. INSURANCE

Vendor shall maintain the insurance coverage listed below. With the exception of

Workers’ Compensation and Professional Errors and Omissions insurance coverage, Vendor is required by this agreement to name the Town of Braintree as an additional insured and to provide the Town with certificates of insurance coverage indicating that the Town of Braintree has been added as an additional insured under all insurance coverages required by this contract. Further, Vendor is required to provide the Town of Braintree with a copy of the current additional insured endorsement page, reflecting that the Town of Braintree has been listed as an additional insured, for each insurance policy to which the Town of Braintree has been added. If Subcontractors are used, all of the provisions of this section apply to the Subcontractor(s).

A. General Comprehensive Liability in the amount of

$1,000,000 for each occurrence and $3,000,000 in the aggregate;

B. Automobile Liability (applicable for any vendor/consultant who has an automobile operating exposure) in the amount of $1,000,000 for bodily injury and property damage per accident;

C. Professional Errors and Omissions Liability (applicable for any vendor/consultant providing design, architectural, engineering, financial advising or similar services) in the amount of $1,000,000 for each occurrence and $3,000,000 in the aggregate;

D. Pollution Liability (applicable for any vendor/consultant who has pollution exposure) in the amount of $3,000,000 for each occurrence and

$3,000,000 in the aggregate;

E. Umbrella Liability of $2,000,000 for each occurrence and $2,000,000 in the aggregate; and

F. Workers' Compensation and Employer's Liability in the amount as may be required by Massachusetts General Laws Chapter

152.

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The parties acknowledge that the types of insurance and coverage limits listed herein are the minimum necessary for the Vendor to be awarded this contract. The types of insurance and coverage limits stated herein are not intended in any way to limit the Vendor’s liability for any damages arising from the Vendor’s performance of services under this contract.

The Vendor is required to maintain the above-referenced insurance coverage throughout the duration of this contract. If, at any time while this contract is in effect, any of the above insurance coverages should lapse, the Vendor shall immediately notify the Town of Braintree, and within thirty (30) days of said lapse, the Vendor shall provide the Town of Braintree with a new certificate of insurance coverage.

XV. INDEMNIFICATION

Vendor shall indemnify, defend, protect and hold the Town free and harmless from and against any and all claims, or threatened claims, for bodily injury or property damage that may arise out of Vendor’s performance of its obligations under this contract by itself or a subcontractor, officer, agent or employee.

XVI. TERMINATION

This contract may be terminated by either party upon receipt of thirty (30) days advance written notice by certified mail to the Designated Representative identified in Paragraph II. In case of such written notice of termination, all services under this contract shall cease with the exception of such work as may be necessary to bring the work in progress to a reasonable and safe condition. Vendor shall then submit a final bill based on work actually performed. There shall be no penalty for termination for the convenience of the Town.

XVII. BREACH OF CONTRACT

Failure of Vendor to comply with any of the terms or conditions of the contract shall be deemed a material breach of contract, and the Town shall have all the rights and remedies provided in the contract documents, including the right to terminate or suspend the contract and to pursue its rights in any and all actions of law or equity or other proceedings with respect to a breach of contract.

In the event that a breach of contract may occur, this contract may be deemed null and void upon fourteen (14) days written notice by certified mail to the Designated Representative identified in Paragraph II, and the Town may pursue any remedies deemed necessary to secure the interests of the Town, provided, however, that this contract shall be and remain in full force and effect, and no action shall be taken by the Town if Vendor cures said breach within the fourteen day period.

XVIII. CERTIFICATION OF TAX COMPLIANCE

This contract shall include a certification by Vendor that Vendor is in full compliance with all laws of the Commonwealth of Massachusetts relating to taxes, as required by

Massachusetts General Laws Chapter 62C, §49A. Said Certification is attached hereto.

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XIX. PREVAILING WAGE RATES (applicable to any public works or public building project, including tree removal)

Vendor represents that it shall comply with the provisions for prevailing wages as governed by M.G.L.c.149, §§26-27, and as established by the Department of Labor, Division of

Occupational Safety. Vendor shall furnish the Town a copy of Vendor’s certified weekly payroll records throughout the duration of this Agreement.

In addition, Vendor shall be responsible for ensuring that it, and any of its subcontractors, furnish the Department of Labor and Workforce Development/Division of Occupational Safety a

Statement of Compliance with the provisions of M.G.L.c.149, §§26-27 upon completion of the services performed under this Agreement.

For Vendor: For the Town of Braintree:

Name: ____________________ Mayor Erin V. Joyce, PE

Title: ____________________ Date: __________

Kara L. Nyman

Chief of Staff and Director of Operations

Recommended by: Approved as to Available Funds

Department Director Mark Lin, Town Accountant

Title Account No.: _____________