FY26 006 - DPW Traffic Signals RFQ FINAL.pdf

Town of Bourne Request for Written Quotes

PURCHASE AND INSTALLATION OF TRAFFIC SIGNALS

ISSUED: AUGUST 29, 2025

LAST DATE FOR QUESTIONS: SEPTEMBER 15, 2025, 10:00 AM

QUOTES DUE NO LATER THAN: SEPTEMBER 22, 2025, 10:00 AM

DIRECT BIDS SUBMITTED

ELECTRONICALLY TO:

msawicki@bourne-ma.gov

CONTACT: Matt Sawicki Director of Public Works msawicki@bourne-ma.gov

This document and any addenda thereto are issued electronically only. It is the responsibility of every bidder who receives this bid and all associated documents to check the Town of Bourne website (www.townofbourne.com) for any addenda or modification to this solicitation, if they intend to respond. The Town of Bourne accepts no liability to provide accommodation to bidders who submit a response based upon an out of date solicitation document. Bidders may not alter (manually or electronically) the bid language or any bid documents. Unauthorized modifications to the body of the bid, specifications, terms or conditions, or which change the intent of this bid are prohibited and may disqualify a response.

PUBLIC NOTICE

TOWN OF BOURNE - REQUEST FOR QUOTES

PURCHASE AND INSTALLATION OF TRAFFIC SIGNALS

In accordance with MGLc.30 §39M, the Town of Bourne, Massachusetts, by its Town Administrator, will be soliciting quotations on behalf of the Department of Public Works for the purchase and installation of replacement traffic signals located at intersection of Main Street and Academy Drive in Buzzards Bay, MA

Material specifications may be obtained on the Town of Bourne website, www.townofbourne.com/home/pages/procurement-office, beginning on August 29, 2025 by

4:00PM.

A non-mandatory, pre-bid on site meeting will be held at 10:00 AM on Wednesday, September 10, 2025 at the intersection of Main Street and Academy Drive in Buzzards Bay, MA 02532.

Last day to submit questions is September 15, 2025, no later than 10:00 A.M. Questions regarding clarification shall be submitted in writing to Matt Sawicki, Director of Public Works through email.

If it becomes necessary to revise any part of this RFQ or otherwise provided additional information, an addendum will be issued.

Written quotations must be submitted on or before 10:00 A.M. on Monday, September 22, 2025 and must be submitted electronically to msawicki@bourne-ma.gov

Contact: Matt Sawicki, Director of Public Works msawicki@bourne-ma.gov

35 Ernest Valeri Road Buzzards Bay, MA 02532

KEY DATES FOR THIS RFQ

August 29, 2025 Material specifications available on the Town of Bourne website, www.townofbourne.com/home/pages/procurement-office and posted at Town Hall

August 29, 2025 Advertised in COMMBUYS September 3, 2025 Advertised in Central Register September 10, 2025 Non-mandatory, pre-bid on site meeting at 10:00 AM September 15, 2025 Last Day to submit questions by 10:00 AM September 22, 2025 Quotes submitted electronically by 10:00 AM to Matt Sawicki at msawicki@bourne-ma.gov September 29, 2025 Anticipated Contract Award

Public Works (Non-Building) Construction Projects with Labor

1. PROJECT INFORMATION

RFQ Issue Date: August 29,2025 RFQ Due Date: September 22, 2025 @ 10:00AM Project Title: Purchase and Installation of Traffic Signals Project Address: Intersection of Main Street and Academy Drive Department: Public Works Designated Employee: Matt Sawicki Email: msawicki@bourne-ma.gov Telephone: (508) 759-0600 ext. 3225

Required Notice Postings:

With Town Clerk Date: August 29,2025 On Town Website Date: August 29,2025 COMMBUYS Date: August 29,2025 Central Register Date: September 3, 2025

PROJECT’S WRITTEN SCOPE

Purchase and installation of replacement of vehicle signals and pedestrian signals with push button controls. Please see attached Scope of Services

SEPARATE ATTACHMENTS

Project Scope ☒Yes ☐No

Contract Supplemental ☒Yes ☐No

Drawings/Plans ☐Yes ☒No

Certificates for Construction ☒Yes ☐No

Prevailing Wage Sheet ☒Yes Date: August 22, 2025

REQUIRED PROJECT COMPLETION DATE

Date: December 31, 2025

Town Administration

Procurement www.townofbourne.com 24 Perry Ave, Bourne, MA 02532

Town of Bourne - Department of Public Works Solicitation for Written Quotes Traffic Signals Contract # FY26 006 August 29, 2025

In accordance with M.G.L. c.30 §39M, the Town of Bourne, on behalf of the Department of Public Works, is soliciting written quotations to hire a qualified contractor to perform the purchase and installation of replacement vehicle signals and pedestrian signals with pushbutton controls.

Written quotations must be submitted to Matt Sawicki, Director of Public Works, by Monday, September 22, 2025 by 10:00 AM.

TRAFFIC SIGNAL LOCATION

LOCATION: Intersection of Main Street and Academy Drive

Buzzards Bay, MA 02532 Academy Drive Mass Coastal Railroad Crossing Buzzards Bay, MA 02532

(1) MINIMUM SCOPE OF SERVICES

1. Mobilization and demobilization.

2. Performance Bond (100%) and Payment Bond (50%) of contract amount

3. All items shall be an approved item from MassDOT’s Qualified Traffic Control Equipment

(QTCE) List, in compliance with the lasted version of the Manual on Uniform Traffic Control Devices (MUTCD)and the MassDOT amendments to the MUTCD,

4. Provide labor and equipment to remove and dispose of existing traffic signal equipment including signal heads and push buttons.

5. Provide labor and equipment to furnish and install the following new materials, including incidental parts and mounting hardware needed for the installation of the following:

a. (8) X Vehicle Signal Heads

i. 12-inch, aluminum, 3-section, painted yellow

ii. Red, amber, and green light emitting diode (LED) signals. All signal lenses shall be 12-inch diameter.

iii. Tunnel Visors

iv. 5-inch louvered aluminum backplates with 3-inch yellow retroreflective borders.

b. (6) X Pedestrian Signal Heads

i. Aluminum, single section 16-inch Light Emitting Diode (LED) type pedestrian signal head capable of displaying international symbols ("Hand/Person Walking" indications) as per the MUTCD with a countdown display.

c. (5) X Accessible Pedestrian Signals

i. Accessible Pedestrian Signals (APS) shall be installed in accordance with the latest version of PROWAG and MUTCD.

ii. Audible & vibro-tactile accessible pedestrian signal type pushbutton integrated sign & saddle with led confirmation light.

iii. The APS shall be installed at a maximum of 42-inches above the finished sidewalk elevation, the pushbutton shall be raised from or flush with their housings and shall be a minimum of 2-inches in the smallest direction. The force required to activate the controls shall be no greater than five (5) pounds.

iv. All sounds shall emanate from the unit via a weather-proof speaker that is protected by a vandal resistant screen. The volume of the sounds shall be 5 dB above ambient background sounds to a maximum of 100 dB. The accessible pedestrian pushbutton shall provide the following operating functions:

• Audible Locator Tone:

• Acknowledge Tone:

• Informational Message:

• Walk Cycle Message:

• Visual:

• Tactile:

v. Adjustable volume controls that automatically adapt to ambient noise levels.

d. Existing traffic signal cable and wiring shall be retained and utilized for the proposed work.

(2) REQUIREMENTS OF THE CONTRACTOR

1. Contractor must quote their price based on MA prevailing wages and supply the Town with weekly payroll compliance reports with each invoice. Prevailing wage rates for this contract are included.

2. The contractor must furnish the Town with a performance bond in the amount of 100% of the contract price within 10 days of the contract being awarded.

3. The contractor must furnish the Town with a payment bond in the amount of 50% of the contract price within 10 days of the contract being awarded.

4. Contractor must supply OSHA certification for all employees involved in the project.

5. The Contractor shall purchase from, and maintain in a company or companies lawfully authorized to do business in the Commonwealth of Massachusetts, and to which the Town has no reasonable objection, insurance for protection from claims under workers’ compensation acts and other employee benefit acts which are applicable, claims for damages because of bodily injury, including death, and claims for damages, other than to the Work itself, to property which may arise out of or result from the Contractor’s operations and completed operations under the Contract, whether such operations be by the Contractor or by a Subcontractor or anyone directly or indirectly employed by any of them. This insurance shall be written for not less than limits of liability specified herein or required by law, whichever coverage is greater. Each policy shall contain a provision that the policy will not be canceled or allowed to expire until at least 30 days’ prior written notice has been given to the Town. The Town of Bourne shall be named as additionally insured.

a. Commonwealth of Massachusetts Statutory Worker’s Compensation and other benefits as required under the General Laws of Massachusetts, including Employer’s Liability Part B: $500,000/$500,000/$500,000.

b. Commercial General Liability, written on a “per occurrence” basis with an aggregate cap no less than three (3) times the required limit: $1,000,000 C.S.L. Property Damage Liability shall include coverage for X-C-U hazard of explosion, collapse, and damage to underground property.

c. Umbrella or Excess Liability coverage following form of underlying General, Automobile and Employers’ Liability Coverage: Minimum of $2,000,000 C.S.L. over primary insurance with no more than $10,000 Retention.

d. Comprehensive Automobile Liability covering owned, non-owned, and hired or borrowed vehicles: $1,000,000 C.S.L.

6. Contractors may be required to supply the Town with references to all projects where they have performed similar work on public buildings within the past two years.

7. The contractor shall be able to furnish labor that can work in harmony with all other elements of labor employed on the jobsite and that they will comply fully with all Massachusetts General Laws and Regulations.

8. The Contractor shall submit to the Town a lump sum invoice upon completion of the project.

(3) TERMS FOR AWARD

1. This contract will be awarded to the responsible and qualified contractor with the lowest total quoted price for the work described in the Minimum Scope of Services section as well as meeting the Requirements of the Contractor.

2. The written proposal must be submitted on the attached form and written in both numbers and words. In the event of a discrepancy, words will prevail.

3. Certification of Non-Collusion, Labor Harmony and OSHA Training must be included with the contractor’s proposal and can be found at the end of this document.

4. Last day to submit questions is September 15, 2025 no later than 10:00 A.M. Questions regarding clarification shall be submitted in writing to Matt Sawicki, Director of Public Works through email.

5. The Town of Bourne reserves the right to reject any or all quotes, waive any informality and/or accept any quote that appears to be in the best interest of the Town.

6. Upon acceptance of this proposal by the Town of Bourne, this project must be completed within ninety (90) days.

7. After the proposal has been submitted, the contractor shall not assert that there was a misunderstanding concerning the requirements of this scope or the nature of the work to be done.

8. Written quotes must be submitted on the Town’s form to our office by Monday, September 22, 2025, by 10:00 A.M. It is the responsibility of the contractor to assure that their quote is received by the Town before this date and time.

9. Signed proposals must be submitted electronically to msawicki@bourne-ma.gov . Please note this is not a sealed bid.

10. Any questions pertaining to this project should be directed to Matt Sawicki, Director of Public Works at (508) 759-0600 ext. 3225 or at the above email address.

2. CONTRACTOR QUOTATION To be completed by Contractor Company Name:

Contact Name:

Address:

Email: Telephone:

ITEM(S)/SERVICE(S) QUOTED

(list/describe FULLY): Lump Sum Price

Purchase and installation of replacement of vehicle signals and pedestrian signals with pushbutton controls Minimum Scope of Services #’s 1-4.

Quantity

Total

GRAND TOTAL OF QUOTE

COMPLETED ATTACHMENTS WITH QUOTE

Certificates for Construction ☐

CONTRACTOR’S SIGNATURE

Signature Date

Building Construction Projects ($10,000≥$50,000)

CERTIFICATIONS REQUIRED BY LAW

FOR PUBLIC CONSTRUCTION CONTRACT

You must COMPLETE and SIGN the following certifications. You must also print, at the bottom of this page, the name of the contractor for whom these certifications are submitted.

CERTIFICATE OF NON-COLLUSION

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

TAX COMPLIANCE

Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A(b), I, the undersigned, authorized signatory for the below named contractor, do hereby certify under the pains and penalties of perjury that said contractor has complied with all laws of the Commonwealth of Massachusetts relating to taxes, reporting of employees and contractors, and withholding and remitting child support.

PUBLIC CONTRACTOR DEBARMENT

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

OSHA TRAINING

Pursuant to G.L. c. 30, §39S, the Contractor hereby certifies under penalties of perjury as follows: (1) Contractor is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed in the work; (2) All employees to be employed at the worksite will have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health Administration that is at least 10 hours in duration at the time the employee begins work and they shall furnish documentation of successful completion of said course with the first certified payroll report for each employee; and (3) All employees to be employed in the work subject to this contract have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health Administration that is at least 10 hours in duration.

REGISTRATION WITH THE MASSACHUSETTS SECRETARY OF STATE

If the undersigned is a Foreign Corporation (located outside of Massachusetts), I hereby certify that I comply with the provisions of Massachusetts General Laws, Chapter 30, Section 39L and Chapter 156D as they relate to Foreign Corporations and am registered and in good standing with the Massachusetts Secretary of State.

COMPLETE AND SIGN BELOW:

Authorized Person’s Signature Date

Print Name & Title of Signatory Name of Contractor

TOWN OF BOURNE, MASSACHUSETTS

AGREEMENT BETWEEN CONTRACTOR AND TOWN OF BOURNE

This Contract is entered into on, or as of, this______ day of ___________, 20___ by and between the Town of __________________, Massachusetts (the “Town” or “Awarding Authority”), and ____________________________, a _______________ (the “Contractor”).

1. This is a Contract for the procurement of the following: Purchase and installation of replacement vehicle signals and pedestrian signals with pushbutton controls. FY26-006

The Contractor shall, pursuant to the terms of this Contract, provide all the supplies, materials and equipment, and perform all the labor, services and supervision necessary and proper to the performance of the Contract and to accomplish any and all work incidental thereto.

2. The contract price to be paid to the Contractor by the Town of Bourne is:

3. PAYMENT.

(a) Payment will be made as follows in accordance with M.G.L. c. 30, § 39K, which provides:

Within fifteen days (30 days in the case of the commonwealth, including local housing authorities) after receipt from the contractor, at the place designated by the awarding authority if such a place is so designated, of a periodic estimate requesting payment of the amount due for the preceding month, the awarding authority will make a periodic payment to the contractor for the work performed during the preceding month and for the materials not incorporated in the work but delivered and suitably stored at the site (or at some location agreed upon in writing) to which the contractor has title or to which a subcontractor has title and has authorized the contractor to transfer title to the awarding authority, upon certification by the contractor that he is the lawful owner and that the materials are free from all encumbrances, but less (1) a retention based on its estimate of the fair value of its claims against the contractor and less (2) a retention for direct payments to subcontractors based on demands for same in accordance with the provisions of section thirty-nine F, and less (3) a retention not exceeding five per cent of the approved amount of the periodic payment. After the receipt of a periodic estimate requesting final payment and within sixty-five days after (a) the contractor fully completes the work or substantially completes the work so that the value of the work remaining to be done is, in the estimate of the awarding authority, less than one per cent of the original contract price, or (b) the contractor substantially completes the work and the awarding authority takes possession for occupancy, whichever occurs first, the awarding authority shall pay the contractor the entire balance due on the contract less (1) a retention based on its estimate of the fair value of its claims against the contractor and of the cost of completing the incomplete and unsatisfactory items of work and less (2) a retention for direct payments to subcontractors based on demands for same in accordance with the provisions of section thirty-nine F, or based on the record of payments by the contractor to the subcontractors under this contract if such record of payment indicates that the contractor has not paid subcontractors as provided in section thirty-nine F. If the awarding authority fails to make payment as herein provided, there shall be added to each such payment daily interest at the rate of three percentage points above the rediscount rate than charged by the Federal Reserve Bank of Boston commencing on the first day after said payment is due and continuing until the payment is delivered or mailed to the contractor; provided, that no interest shall be due, in any event, on the amount due on a periodic estimate for final payment until fifteen days (twenty-four days in the case of the commonwealth) after receipt of such a periodic estimate from the contractor, at the place designated by the awarding authority if such a place is so designated. The contractor agrees to pay to each subcontractor a portion of any such interest paid in accordance with the amount due each subcontractor.

The awarding authority may make changes in any periodic estimate submitted by the contractor and the payment due on said periodic estimate shall be computed in accordance with the changes so made, but such changes or any requirement for a corrected periodic estimate shall not affect the due date for the periodic payment or the date for the commencement of interest charges on the amount of the periodic payment computed in accordance with the changes made, as provided herein;

provided, that the awarding authority may, within seven days after receipt, return to the contractor for correction, any periodic estimate which is not in the required form or which contains computations not arithmetically correct and, in that event, the date of receipt of such periodic estimate shall be the date of receipt of the corrected periodic estimate in proper form and with arithmetically correct computations. The date of receipt of a periodic estimate received on a Saturday shall be the first working day thereafter. The provisions of section thirty-nine G shall not apply to any contract for the construction, reconstruction, alteration, remodeling, repair or demolition of any public building to which this section applies.

All periodic estimates shall be submitted to the awarding authority, or to its designee as set forth in writing to the contractor, and the date of receipt by the awarding authority or its designee shall be marked on the estimate. All periodic estimates shall contain a separate item for each filed subtrade and each sub-subtrade listed in sub-bid form as required by specifications and a column listing the amount paid to each subcontractor and sub-subcontractor as of the date the periodic estimate is filed. The person making payment for the awarding authority shall add the daily interest provided for herein to each payment for each day beyond the due date based on the date of receipt marked on the estimate.

A certificate of the architect to the effect that the contractor has fully or substantially completed the work shall, subject to the provisions of section thirty-nine J, be conclusive for the purposes of this section.

Notwithstanding the provisions of this section, at any time after the value of the work remaining to be done is, in the estimation of the awarding authority, less than 1 per cent of the adjusted contract price, or the awarding authority has determined that the contractor has substantially completed the work and the awarding authority has taken possession for occupancy, the awarding authority may send to the general contractor by certified mail, return receipt requested, a complete and final list of all incomplete and unsatisfactory work items, including, for each item on the list, a good faith estimate of the fair and reasonable cost of completing such item. The general contractor shall then complete all such work items within 30 days of receipt of such list or before the contract completion date, whichever is later. If the general contractor fails to complete all incomplete and unsatisfactory work items within 45 days after receipt of such items furnished by the awarding authority or before the contract completion date, whichever is later, subsequent to an additional 14 days' written notice to the general contractor by certified mail, return receipt requested, the awarding authority may terminate the contract and complete the incomplete and unsatisfactory work items and charge the cost of same to the general contractor and such termination shall be without prejudice to any other rights or remedies the awarding authority may have under the contract. The awarding authority shall note any such termination in the evaluation form to be filed by the awarding authority pursuant to the provisions of section 44D of chapter 149.

(b) Except with the Town’s prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site.

(c) Acceptance of periodic payments by the Contractor shall constitute a waiver of claims known or knowable at the time by the payee except those previously made in writing and identified by the payee as unsettled at the time of periodic payment.

(d) The payment of any periodic estimate or of any retained percentage shall in no way constitute an acceptance of the work or in no way prejudice or affect the obligation of the Contractor at its own cost or expense to repair, correct, renew, or replace any defects or imperfections in the work as well as all damages due or attributable to such defects, nor shall any such payments for any current estimate or of any retained percentages prejudice or affect the rights of the Town to hold the Contractor liable for breach of contract or avail itself of other remedies under this Contract.

(e) If at any time there shall be evidence of any lien or other claim for which, if established, the Town may become liable, directly or indirectly, and which is chargeable to the Contractor, the Town may retain out of the payment then due or thereafter to become due, an amount sufficient to completely indemnify it against any such claim. If there proves to be any such claims after all the payments are made, the Contractor shall refund to the Town all moneys that the Town pays in discharging such claim in consequence of the Contractor’s default.

4. DEFINITIONS:

4.1 ACCEPTANCE: All contracts require proper acceptance of the described goods or services by the Town of Bourne. Proper acceptance shall be understood to include inspection of goods and certification of acceptable performance of services by authorized representatives of the Town to insure that the goods or services are complete and are as specified in the Contract.

4.2 CONTRACT DOCUMENTS: All documents relative to the Contract, including (where used) Supplements; Invitation for Bids; Instructions to Bidders; Bid Forms;

Construction Forms including Bond Forms, Form for Subcontract, Certificate of Vote and Statement of Tax Compliance; Special Conditions; Notice of Intent to Award Contract; Notice to Proceed; Change Orders; Proposal Forms, Specifications, and all Addenda issued during the bidding period. The Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all. The intention of the documents is to include all labor and materials, equipment and transportation necessary for the proper performance of the Contract. In the event of any conflict between any provision or language of the Contract and any provision or language of the Contract Documents, the provision or language of the Contract shall control.

4.3 CONTRACTOR: The “other party” to any Contract with the Town. This term shall

(as the sense of a particular Contract so requires) include Vendor, Contractor, Engineer or other label used to identify the other party in the particular Contract.

Use of the term “Contractor” shall be understood to refer to any other such label used.

4.4 MODIFICATION: (1) a written amendment to the Contract signed by both parties,

(2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Town.

4.5 SERVICES: Shall mean the furnishing of labor, time, or effort by the Contractor.

This term shall not include employment agreements, collective bargaining agreements, or grant agreements.

4.6 SUBCONTRACTOR: Those having a direct contract with the Contractor. The term includes one who furnished material worked to a special design according to the Drawings or Specifications of this work, but does not include one who merely furnishes material not so worked.

4.7 SUBSTANTIAL COMPLETION: The term “substantial completion” as used in the

Contract shall mean the point at which the work is at a level of completion in strict compliance with this Contact such that the Town or its designee can enjoy beneficial use or occupancy and can use or operate it in all respects, for its intended purpose. Partial use or occupancy shall not result in the work being deemed substantially complete, and such partial occupancy shall not be evidence of substantial completion.

4.8 WORK: The services and materials contracted for.

5. TERM OF CONTRACT AND TIME FOR PERFORMANCE: This Contract shall be substantially complete by the Contractor on or before December 31, 2025 unless extended pursuant to a provision for extension contained in the Contract Documents at the sole discretion of the Town, and not subject to assent by the Contractor, and subject to the availability and appropriation of funds. The time stated in the Contract Documents are of the essence of the Contract. By executing this Contract, the Contractor confirms that the contract time is a reasonable period of time for performing the work and achieving substantial completion.

6. CHANGES IN THE WORK: By appropriate Modification, changes in the Work may be accomplished after execution of the Contract. The Town, without invalidating the Contract, may order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, with the Contract Price and Contract Time being adjusted accordingly. Such changes in the Work shall be authorized by written Change Order signed by the Town and Contractor, or by written Construction Change Directive signed by the Town.

6.1 Adjustments in the Contract Price and Contract Time resulting from a change in the Work shall be determined by mutual agreement of the parties or, in the case of a Construction Change Directive signed only by the Town, by the Contractor’s cost of labor, material, equipment, and reasonable overhead and profit, unless the parties agree on another method for determining the cost or credit. Pending final determination of the total cost of a Construction Change Directive, the Contractor may request payment for Work completed pursuant to the Construction Change Directive. The Engineer will make an interim determination of the amount of payment due for purposes of certifying the Contractor’s monthly Application for Payment. When the Town and Contractor agree on adjustments to the Contract Sum and Contract Time arising from a Construction Change Directive, the Engineer will prepare a Change Order.

6.2 Where the value of work performed directly by the Contractor under a Change Order or a Construction Change Directive is determined either by a lump sum proposal or by actual cost of work as it progresses, the Contractor will be allowed an additional amount of ten percent (10%) of the total cost of work plus an additional amount of two percent (2%) for the cost of bonds and insurance associated with the added work. Where such work is performed by a Subcontractor, the Contractor will be allowed an additional amount of five percent (5%) to the total payment made to the Subcontractor, plus an additional amount of two percent (2%) for the cost of bonds and insurance associated with the added work. The cost of work shall include the cost at the minimum wage rates established for this contract pursuant to M.G.L. c. 149, §§ 26-27H for direct labor, material and use of equipment, plus the cost of workmen’s compensation insurance, liability insurance, federal social security and Massachusetts unemployment compensation. The cost of work may include the cost of added mobilization, engineering, layout, transit staging/scaffolding, lifting, hoisting, dumpster, handling, cleanup, street sweeping, safety protection, temporary weather protection, temporary heat and utilities, shipping/receiving, construction fences, police barricades and signs; provided, however, that such added costs may be included only to the extent that they are directly attributable to the added work and are properly substantiated as determined by the Town, in its sole discretion.

Mark-up for overhead, superintendence and profit shall include (and no additional payment shall be made for) general conditions, management, supervision coordination, record drawings, small tools/computers, “tools of the trade”, administration, accounting, punch list, O&M manuals, estimator time, schedule updating, and certified payrolls. Contractor and Subcontractor mark-up of such rates for payroll costs associated FUI, SUI, MUI, worker’s compensation insurance and other direct payroll costs, shall only be calculated on the direct labor rate as computed above and shall not exceed 30%, except that a higher rate may be allowed for subcontractors only to the extent such higher rate is based on actual payroll costs of the subcontractor for which substantiating documentation of how such higher cost is calculated provided, and no other labor cost mark-ups other than those specified above will be allowed.

6.3 The Town may make alterations in the line, grade, plan, form, dimensions or materials, of the subject matter of the Contract, or any part thereof, either before or after commencement of construction. Where such alterations increase the quantity or standard of the work to be done, payment for such increase shall be made in the same way that payment is made for extra work under (a) above.

Where such alterations diminish the quantity or standard of the work to be done, an adjustment shall be made to the benefit of the Town based upon the unit prices where used or, where unit prices are not used, as the Town shall determine.

6.4 Work Performed Under Protest. The Contractor must perform any work required by the Town. If it considers the work to be ‘extra’ and the Town disagrees, the work must be performed under protest.

6.5 Change Order signed by the Contractor indicates the Contractor’s agreement therewith, including any adjustment in the Contract Price and Contract Time.

7. PERFORMANCE AND PAYMENT BONDS: The Contractor shall obtain and deposit with the Town the following bond(s) in the amount of:

PERFORMANCE BOND: ($____N/A____)

PAYMENT BOND: 50% T.B.D ($____________)

with sureties satisfactory to the Town to (a) guarantee the faithful performance by the Contractor of all its obligations under this Contract and (b) constitute the security required by M.G.L. c. 149, § 29 and Chapter 30, § 39A, as amended, for payment by the Contractor of its subcontractors used or employed in connection with the Contract. Each bond shall incorporate by reference the terms of this Contract. The bonds shall be executed by a surety or sureties, acceptable to the Town.

8. EMPLOYMENT:

8.1 COMPETENCE: The Contractor shall employ workers competent to perform the work required by this Contract and if notified by the Town in writing that any person engaged upon the work is incompetent, unfaithful, disorderly or otherwise unsatisfactory, then such worker shall be discharged for the work.

8.2 RESTRICTION ON HOURS: No laborer, worker, mechanic, foremen or inspector working within the Commonwealth of Massachusetts in the employ of the Contractor, subcontractors or other persons doing or contracting to do the whole or part of the work contemplated by this Contract, shall be required or permitted to work more than eight (8) hours in any one calendar day; or more than forty-eight (48) hours in one week, or more than six (6) days in any one week in full compliance with the provisions of M.G.L. c. 149, § 34, except in cases of emergency.

8.3 WEEKLY WAGES: M.G.L. c. 149, § 148, requires the weekly payment of employees.

8.4 WORKERS COMPENSATION: The Contractor shall, before commencing the work, provide by insurance for the payment of compensation and the furnishing of other benefits under M.G.L. c. 152 to all persons employed under the Contract, and it shall continue such insurance in force and effect during the term thereof. The Town may require the Contractor to deliver Certificates of Insurance as sufficient proof of compliance with the foregoing. Failure to provide and continue in force such insurance as aforesaid shall be deemed a material breach of the Contract and shall entitle the Town to terminate the Contract without in any way being liable in damages therefore.

8.5 REGISTER OF EMPLOYEES: The Contractor shall keep a true and accurate register of all mechanics, teamsters, chauffeurs and laborers employed upon the work contemplated by this Contract showing the name, address and occupational classification of each such employee, the hours worked by and the wages paid to each such employee, and shall furnish the Massachusetts Department of Labor and Industries upon its request a true statement thereof.

8.6 WAGE RATES (M.G.L. C. 149, §26, ET. SEQ.): In conformity with the provisions of the laws of the Commonwealth of Massachusetts, the minimum wages paid to craftsmen, teamsters, mechanics, laborers and apprentices shall not be less than those established by a schedule which has been prepared by the Department of Labor and Industries. Payments by employers to health and welfare plans, pension plans and supplementary unemployment benefit plans under collective bargaining agreements or understandings between organized labor and employers shall be included for the purpose of establishing minimum wage rates as herein provided.

8.7 “RIGHT TO KNOW” LAW: If the Contractor uses or stores toxic or hazardous substances it is subject to M.G.L. c.111F, §2, the “Right To Know” law, and regulations promulgated by the Department of Public Health, the Department of Environmental Protection and the Department of Labor and Industries; and must post a Workplace Notice obtainable from the Department of Labor and Industries.

8.8 PREFERENCE TO VETERANS AND CITIZENS IN PUBLIC WORKS: M.G.L. c. 149, §26 is incorporated by reference herein.

9. PAYMENT OF SUBCONTRACTORS: Payment to subcontractors shall be made in accordance with M.G.L. c.30, §39F, which is incorporated by reference herein.

10. PERFORMANCE:

10.1. PROSECUTION OF WORK; RESPONSIBILITY FOR EMPLOYEES AND AGENTS: The Contractor shall give attention constantly to the faithful prosecution of the work and shall keep the same under its personal control. It shall be responsible for all the acts and omissions of its employees, subcontractors and of all persons directly or indirectly employed by it in connection with the prosecution of this work.

10.2. INSPECTION OF WORK: At all times relevant to the Contract, the Contractor shall permit the Town to review or inspect the work without formality or other procedure. The Contractor shall provide sufficient and proper facilities at all times for the inspection of the work by the Town.

10.3. DEFECTIVE WORK: The Contractor shall, after receiving written notice that certain work or construction is improper, unsafe or defective or that such construction in any way fails to conform to the Contract, forthwith remove such unsafe or defective construction and reconstruct the same in a manner remedying the construction after being so notified, the Town may cause such defective work to be remedied or replaced and the Town may deduct the cost thereof from any moneys due or to become due the Contractor.

10.4. SUSPENSION OF WORK - CONTRACTOR’S FAILURE(S): The Town shall have the authority to suspend the work wholly or any part thereof for such period as the Town shall deem necessary due to failure of the Contractor to carry out orders given or to perform any provisions of the Contract. Upon receipt of written order from the Town, the Contractor shall immediately suspend the work or such part thereof in accordance with the order. No work shall be resumed when conditions so warrant or deficiencies have been corrected and the condition of the Contract as ordered or approved in writing by the Town. No allowance of any kind will be made for suspension of work by order of the Town.

10.5. SUSPENSION OF WORK - ACT OF NATURE: Should the Contractor be obstructed or delayed in the prosecution of the work as a result of damage which may be caused by lightning, earthquake, rain, storm or cyclone or similar act of nature, then the time fixed for completion may be extended for a period equivalent to the time lost by reason of any of the forgoing causes. No such extension shall be made unless a claim therefore is presented in writing to the Town within forty-eight (48) hours of the occurrence of any such delay. The Contractor shall have no claim against the Town for damages on account of such delay. The duration of the extension itself must be certified to by the Town.

10.6. DELAY OR SUSPENSION OF WORK - ALL OTHER CIRCUMSTANCES: The Contractor agrees that it shall have no claim for damages of any kind on account of any delay in commencement of the work. Post commencement, the Contractor shall have no claim for damages of any kind on account of any delay or suspension of any portion of the work except as hereinafter provided. Adjustments, if any, in the contract price due to the suspension, delay, interruption or failure to act by the Town shall be governed by the provisions of M.G.L.c. 30, §39(O), which is incorporated by reference herein. Provided, further, that no adjustment shall be made if the performance of the Contractor would have been prevented by other causes, even if the work had not been so suspended, delayed or interrupted by the Town. Provided, further, that a subcontractor shall have the same rights against the Contractor for payment for an increase in the cost of its performance as the provisions of this Article gives the Contractor against the Town, but nothing herein shall in any way change, modify or alter any other rights which the Contractor and subcontractor may have against each other.

10.7. SUBSURFACE OR LATENT PHYSICAL CONDITIONS: Any request for an adjustment in the contract price, due to differing subsurface or latent physical conditions shall be governed by the provisions of M.G.L. c. 30, §39N, which is incorporated by reference herein.

10.8. ADDITIONAL WORK AND CONTRACTORS: The Town may award other contracts for additional work. The Contractor shall cooperate fully with other contractors and carefully fit its own work to that of other contracts as may be directed by the Town. The Contractor shall not commit or permit any acts which will interfere with the performance of work by any other contractor.

10.9. COMPLIANCE WITH LAWS: The Contractor shall keep itself fully informed of and comply with all existing and future federal, state and municipal laws and regulations and all orders and decrees of any governmental bodies or tribunals (hereinafter also referred to as “laws”) having jurisdiction in any manner which affect this Contract or construction, including but not limited to such laws affecting those engaged or employed in the work, the materials used in the work or in any way affecting the conduct of the work. If any clause in this Contract does not conform to such law, then such clause shall be void and the law operative shall be inserted in lieu thereof. If any discrepancy or inconsistency is discovered in the specifications, drawings, or contract documents in violation of the law, the Contractor shall forthwith report the same in writing to the Town. The Contractor shall cause its employees, agents and subcontractors to also observe and comply with all such laws. It shall protect and indemnify the Town and its officials, employees and duly appointed agents against any claim or liability arising from or based on any violation, whether by the Contractor or its officials, employees or subcontractors, of any such law.

10.10. EXPLOSIVES: When the use of explosives is necessary for the prosecution of the work, the Contractor shall take the utmost care not to endanger life and property.

Whenever directed, the number and size of the charges shall be reduced. All explosives shall be stored in a secure manner. All such storage places shall be marked clearly “DANGEROUS-EXPLOSIVES”, and shall be in the care of competent watchmen at all times. The method of storage and handling of explosives and highly inflammable materials shall conform with all State Laws and Regulations, as well as any local requirements.

10.11. DIG SAFE LAWS: The Contractor shall fully comply with the Dig Safe Laws.

10.12. WEATHER PROTECTION AND ADEQUATE HEAT: The Contractor shall install weather protection and furnish adequate heat in the protected area from November 1 to March 31 as required by M.G.L. c.149, §44F.

11. INSURANCE:

11.1. The Contractor shall purchase from, and maintain in a company or companies lawfully authorized to do business in the Commonwealth of Massachusetts, and to which the Town has no reasonable objection, insurance for protection from claims under workers’ compensation acts and other employee benefit acts which are applicable, claims for damages because of bodily injury, including death, and claims for damages, other than to the Work itself, to property which may arise out of or result from the Contractor’s operations and completed operations under the Contract, whether such operations be by the Contractor or by a Subcontractor or anyone directly or indirectly employed by any of them. This insurance shall be written for not less than limits of liability specified herein or required by law, whichever coverage is greater. Each policy shall contain a provision that the policy will not be canceled or allowed to expire until at least 30 days’ prior written notice has been given to the Town.

a) Commonwealth of Massachusetts Statutory Worker’s Compensation and other benefits as required under the General Laws of Massachusetts, including Employer’s Liability Part B: $500,000/$500,000/$500,000.

b) Broad form Commercial General Liability, written on a “per occurrence” basis with an aggregate cap no less than three (3) times the required limit:

$1,000,000 C.S.L.

c) Property Damage Liability shall include coverage for X-C-U hazard of explosion, collapse, and damage to underground property.

d) Umbrella or Excess Liability coverage following form of underlying General, Automobile and Employers’ Liability Coverage: Minimum of $2,000,000 C.S.L. over primary insurance with no more than $10,000 Retention.

e) Comprehensive Automobile Liability covering owned, non-owned, and hired or borrowed vehicles: $1,000,000 C.S.L.

11.2. The above insurance policies shall also be subject to the following requirements:

a) Whenever applicable, including, but not limited to Contractor’s Broad

Form General Liability Insurance, all insurance coverage shall be on an “occurrence basis” and not a “claims-made basis”.

b) Certificates of Insurance and copies of policies acceptable to the Town shall be addressed to and filed with the Town prior to commencement of the work. Renewal certificates shall be filed with the Town at least thirty

(30) days prior to the expiration date of required policies.

c) All premium costs shall be included in the Contractor’s bid. The Contractor shall be responsible for the cost of any and all deductibles.

d) The Town (including its officials, employees agents and representatives) shall be named as an additional insured on Contractor’s General Liability, Automobile Liability and Umbrella or Excess Liability Policies.

11.3 Neither the Town’s authority to review certificates and policies of insurance nor its decision to raise or not to raise any objections about those certificates and policies, shall in any way give rise to any duty or responsibility on the part of the Town to exercise this authority for the benefit of the Contractor, any Subcontractor, Sub-subcontractor, or Supplier, or any other party.

11.4 The Contractor’s liability insurance shall remain in effect until the end of the

Correction period as defined in the Contract Documents, and at all times after that when the Contractor may be correcting, removing or replacing defective Work.

The Completed Operations insurance shall be maintained for three (3) years after Final Payment.

11.5 Insufficient insurance shall not release the Contractor from any liability for breach of its obligations under this Contract.

12. OTHER STATUTORY REQUIREMENTS:

12.1 RECORD KEEPING AND MANAGEMENT CONTROLS: The Contractor shall comply with M.G.L. c.30, §39R.

12.2 NON-DISCRIMINATION: The Contractor shall not discriminate on grounds of race, color, religious creed, national origin, age or sex in employment practices, in the selection or retention of subcontractors, the procurement of material and rental of equipment, employment decisions or in any aspect of the performance of this Contract. The Contractor shall also comply with all applicable laws and regulations pertaining to non-discrimination. In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, each potential subcontractor shall be notified by the Contractor of the Contractor’s obligations under this Contract relative to non-discrimination and it shall be a term of each contract with a subcontractor in connection with the performance of this work under this Agreement, that the subcontractor be bound to non-discrimination and equal opportunity requirements equivalent to the obligations of the Contractor hereunder.

12.4 RESERVE POLICE OFFICER: In accordance with M.G.L. c.149, §34B, the Contractor shall pay to any reserve police officer employed by it the prevailing wage paid to regular police officers.

12.5 This Contract will be constructed and governed by the provisions of applicable federal, state and local laws and regulations and wherever any provision of this Contract or Contract Documents shall conflict with any provision or requirement of federal, state or local law or regulation, then the provisions of law and regulation shall control. Where applicable to the Contract, the provisions of the General Laws are incorporated by reference into this Contract.

12.6 Wherever applicable law mandates the inclusion of any term or provision into a municipal contract, this section shall be understood to import such term or provision into this Contract. To whatever extent any provision of this Contract shall be inconsistent with any law or regulation limiting the power or liability of cities and towns, such law or regulation shall control.

12.7 The Contractor shall give all notices and comply with all laws and regulations bearing on the performance of the contract. If the Contractor performs the Contract in violation of any applicable laws or regulation, the Contractor shall bear all costs arising therefrom.

13. SUBJECT TO APPROPRIATION: Notwithstanding anything in the Contract Documents to the contrary, any and all payments that 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.

14. THE CONTRACTOR'S BREACH AND THE TOWN'S REMEDIES: Failure of the Contractor to comply with any of the terms or conditions of this Contract shall be deemed a material breach of this Contract, and the Town of Bourne shall have all the rights and remedies provided in the…