Shade Structure IFB Final.pdf

Town of Bourne Invitation for Bid

RECREATION AREA SHADE STRUCTURES &

SITE FURNISHING

ISSUED: OCTOBER 14, 2026

LAST DATE FOR QUESTIONS: OCTOBER 30, 2026, 12:00 PM

BIDS DUE NO LATER THAN: NOVEMBER 9, 2026, 12:00 PM

DIRECT BIDS TO: TOWN ADMINISTRATOR’S OFFICE

24 PERRY AVE

BUZZARDS BAY MA 02532

CONTACT: Katie Matthews, Recreation Director 508-759-0600 ext 5236 kmatthews@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.bourne-ma.gov) 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 The Town of Bourne accepts no liability to provide accommodation to bidders who submit a response based upon an out of date solicitation document.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.

Table of Contents

I. INVITATION FOR BID

II. KEY DATES FOR THIS BID

III. INSTRUCTIONS TO BIDDERS

IV. GENERAL CONDITIONS

V. SPECIAL CONDITIONS

VI. SCOPE OF SERVICES

VII. BID SUBMISSION REQUIREMENTS

GENERAL BID FORM (REQUIRED)

A. COMBINED CERTIFICATE OF COMPLIANCE (REQUIRED)

B. OSHA CERTIFICATION (REQUIRED)

C. REFERENCE SHEET (REQUIRED)

APPENDIX A. WEEKLY PAYROLL RECORDS REPORT & STATEMENT OF COMPLIANCE

APPENDIX B. AGREEMENT BETWEEN CONTRACTOR AND TOWN OF BOURNE

APPENDIX C. ACCEPTANCE OF BID NOTICE

APPENDIX D. APPLICATION & CERTIFICATION FOR PAYMENT

APPENDIX E. TAX EXEMPTION NUMBER

APPENDIX F. CHANGE ORDER

APPENDIX G. NOTICE TO PROCEED

Separate pdfs to this bid:

• Prevailing Wages dated October 2, 2026

It is the bidder’s responsibility to make sure they have downloaded all documents provided for this bid as stated in this Invitation for Bid.

I. INVITATION FOR BID

In accordance with MGLc.30 §39M, the Town of Bourne Administration on behalf of the Recreation Department is requesting bids for the following:

RECREATION AREA SHADE STRUCTURES & SITE FURNISHING

Sealed bids will be received at the Town of Bourne Administration Office, Attn: Marlene McCollem, Town Administrator, 24 Perry Ave, Buzzards Bay, MA 02532 until 12:00PM November 9, 2026.

The work to be performed under this contract includes, but is not limited to, the furnishing and complete installation of cantilever shade structures and associated site furnishings at three municipal recreation facilities in Bourne, Massachusetts.

Bid specifications may be immediately obtained on the Town of Bourne website, www.townofbourne.com/home/pages/procurement-office. All bidders must register to receive documents.

Bids shall be in a sealed envelope, bearing the words:

“RECREATION AREA SHADE STRUCTURES & SITE FURNISHING”

The public bid opening will be held at the Bourne Town Hall, Administration Office, 24 Perry Ave, Buzzards Bay, MA 02532 on Nov. 9, 2026 at 12:00pm. To receive consideration, bids shall be submitted on the appropriate forms no later than the above date and time for the opening.

All potential bidders shall be responsible for asking any questions prior to the deadline for questions.

All questions regarding the material should be submitted through the Recreation Director via email at kmatthews@bourne-ma.gov no later than 12:00pm, October 30, 2026.

The successful bidder will be required to furnish a Labor and Materials Payment Bond in the amount of fifty percent (50%) of the contract amount.

To receive consideration, bids shall be submitted on the appropriate forms no later than the above date and time schedule for the opening. Bids must be accompanied by a bid security in the amount of not less than five percent (5%) of the bid price, in the form of a bid bond; or a certified check; or a treasurer's check; or by cashier's check issued by a responsible bank or trust company, made payable to the Town of Bourne. If, upon acceptance of the bid, a Bidder fails to enter into a Contract with the Town of Bourne, the bid security shall be forfeited to and become the property of the Town.

Full compliance with Federal, State and Municipal Wage Laws is required of all work done for the Town of Bourne. Minimum Wage Rates as determined by the Commissioner of Department of Labor and Industries under the provision of the Massachusetts General Laws, Chapter 149, Section 26 to 27D, as amended, apply to this project. It is the responsibility of the contractor, before bid opening, to request, if necessary, any additional information on Minimum Wage Rates for those trades people who may be employed for the proposed work under this contract. Wage http://www.townofbourne.com/home/pages/procurement-office mailto:kmatthews@bourne-ma.gov

Rates dated Oct. 2, 2026 shall be provided in the bid specification and are applicable to this project.

The cost of any bond an any insurance required in this Invitation For Bid are the responsibility of the bidder; such costs will not be reimbursed by the Town, and should be included in your bid.

All bidders shall be required to provide Certification of Occupational Safety and Health Administration (OSHA) Training in accordance with Massachusetts General Law 30; Section 39S, as amended by Chapter 306 of the Acts of 2004, effective July 1, 2006. Contractors shall be required to comply with all applicable Massachusetts General Laws, Chapter 30, Section 39M, and all other applicable Massachusetts General Laws.

Bidders are not to include their Bid sales and compensating use taxes on materials and supplies purchased for this project. All materials used are tax exempt.

A weekly certified payroll submittal shall be required of the successful bidder in accordance with MGLc.149, §27B. No payments will be made by the Town until all payroll information necessary for the Town to determine compliance with prevailing wage law requirements for the time period of the payment request have been submitted. The Contractor shall not discriminate with regard to the personnel employed on this project on the basis of race, color, creed, national origin, gender, sexual preference, handicap or age.

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

II. KEY DATES FOR THIS BID.

Key Dates for this Bid October 14, 2026 IFB available on the Town of Bourne website, www.bourne-ma.gov and posted at Town Hall October 14, 2026 Advertised in COMMBUYS October 14, 2026 Advertised in Central Register October 18, 2026 Advertised in the Cape Cod Times October 30, 2026 Last day for written questions due to Recreation Director November 9, 2026 Bids Due, no later than 12:00 pm to the Town Administrator’s Office at

24 Perry Ave, Buzzards Bay, MA 02532

III. INSTRUCTIONS TO BIDDERS

A. SECURING DOCUMENTS

1. The Invitation for Bid, Instructions to Bidders, General Conditions, Special Conditions and all addenda issued prior to the execution of the Owner-Contractor Contract, all amendments issued by the Town, completed Bid and supporting forms signed and submitted by the Contractor, Owner-Contractor Contract and all other documents referenced in the Contract compose the Contract Documents.

http://www.townofbourne.com/

2. Copies of these bid documents and all applicable attachments are available on the Town of Bourne website on the Procurement page. All bidders must register for this specific bid on the website.

3. All questions regarding this invitation to bid requiring clarification shall be submitted in writing to the Recreation Director prior to the date indicated in Section II, KEY DATES in order to afford the Town adequate time to respond with a correction or additional information prior to the deadline for submission of bids. Should it be found necessary, a written addendum will be incorporated into the IFB and will become part of the contract. Those who have received a copy of the IFB will be notified of such changes.

B. BID FORMS

1. All bids must be submitted on the forms bound herein. All blank spaces in the bid form shall be properly completed in ink or electronically typed; all erasures and corrections initialed by the contractor.

2. All bids must be submitted to the above address in a sealed envelope containing the bid, properly marked “RECREATION AREA SHADE STRUCTURES & SITE FURNISHING”. It is the responsibility of the bidder to ensure that bids are delivered to the specific location prior to the time and date designated.

3. The Town may consider informal any bid not prepared and submitted in accordance with the provisions hereof and may waive any informalities or reject Chapter 30 applicable sections, as amended to date.

4. Any bid received after the time and date designated will not be considered.

C. EXAMINATION OF BIDDING DOCUMENTS

Each bidder shall examine the bidding documents carefully and, not later than seven (7) days prior to the date for receipt of bids, shall make a written request to the Recreation Director for interpretation or correction of any ambiguity, inconsistency or error therein which they may discover. Any interpretation or correction will be issued as an addendum by the Town Administrator. Only interpretations or correction by addendum shall be binding. No bidder shall rely upon any interpretation or correction given by any other method.

D. ADDENDA

1. Prior to the receipt of the bids, addenda will be forward to each person or firm recorded by the Administration office as having received the bidding documents and will be available for inspection wherever the bidding documents are kept available for that purpose.

2. Addenda issued during the time of bidding shall be listed on bid forms in the space provided. Failure of a bidder to receive any addendum shall not release the bidder from any obligations under their bid, provided said addendum was sent by e-mail.

Bidders shall check the website at www.townofbourne.com/home/pages/procurement-office to verify number of addendums prior to submitting bid.

http://www.townofbourne.com/home/pages/procurement-office

E. BID SECURITY

1. Bid Security, in the amount of FIVE PERCENT (5%) of the bid dollars (this includes all alternates, if any included in this bid) shall accompany each bid submittal. At the option of the Bidder, the security may be a bid bond issued by a surety authorized to do business in the Commonwealth, certified check, or treasurer’s or cashier’s check issued by a responsible bank or trusted company, payable to the Town of Bourne.

Personal checks and/or cash will not be accepted.

2. The bid security shall secure the execution of the Contract by a successful bidder.

3. Should any bidder whom an award is made fail to enter into a Contact therefor within five (5) days, Saturdays, Sundays, and legal holidays excluded, after notice of award has been mailed to him, the amount so received from such bidder through their bond, certified check, treasurer’s or cashier’s check as bid deposit shall become the property of the Town of Bourne, as liquidated damages; provide that the amount of the bid deposit which becomes the property of the Town of Bourne, shall not, in any event, exceed the difference between their bid price of the next lowest responsible and eligible bidder; and that provided further that in the case of death, disability, bona fide clerical or mechanical error of a substantial nature, or other unforeseen circumstances affecting the bidder, their deposit shall be returned to them.

4. Bid deposits of three lowest responsible and eligible bidders will be held by the Awarding Authority during the time stipulated for the execution of the contracts, and may be disposed of in such a manner as will accomplish the purpose for which they are submitted. After expiration of such period, bid guarantees, not disposed, or the amounts thereof, will be returned with five (5) days, Saturdays, Sundays, and legal holidays excluded.

F. DEFINITIONS

1. All definitions set forth in the General Conditions are applicable to all bidding documents, which include the Advertisement, Instructions to Bidders, Addenda issued prior to receipt of general bids.

2. Addenda are written or graphic instructions issued prior to the execution of the contract which modify or interpret the bidding documents, including drawings and/or specifications, by additions, deletions, clarifications or corrections. Addenda will become part of the Contract Documents upon execution of the Contract.

G. BIDDER’S REPRESENTATION

1. Each bidder, in submitting their Bid, represents that they have read and understand the bidding documents, reports, test results, drawings, or other such documents provided by the Town pursuant to this bid.

2. Each bidder represents that they have visited each site, has familiarized themselves with the local conditions under which the work is to be performed, satisfied themselves of the conditions of delivery, handling and storage of materials, and all other matters that may be incidental to the work that may affect: 1) the cost, progress or performance of the work; 2) the means, methods, techniques, sequences and procedures; and 3) the bidder’s safety precautions and programs, before submitting their Bid.

3. Each bidder agrees at the time of submitting its bid that 1) the bidding documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the work; and 2) no further examinations, investigations, explorations, tests, studies or data are necessary for the determination of its bid for performance of the work at the price(s) bid and within the times required, and in accordance with the other terms and conditions of the bidding documents.

4. Each bidder is familiar with all federal, state and local laws and regulations that may affect cost, progress or performance of the work.

5. Each bidder represents that their bid is based upon the materials and equipment described in the bidding documents, including any addenda issued thereto.

6. The submission of a bid will constitute an incontrovertible representation by the bidder that: 1) the bidder has complied with every requirement of this Section; 2) without exception, the bid submitted is premised upon performing and furnishing the work required by the bidding documents and applying any specific means, methods, techniques, sequences and procedures that may be shown or indicated or expressly required by the bidding documents; 3) the bidder has given the Town written notice of all conflicts, errors, ambiguities and discrepancies that the bidder has discovered in the bidding documents and the written resolutions thereof by the Town are acceptable to the bidder; and 4) the bidding documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the work. No allowance will subsequently be made to the successful bidder by reason of any error or omission on his/her part, due to his/her neglect in complying with the requirements of this article, except with respect to conflicts with the General Laws.

H. PRE-BID CONFERENCE

There will not be a pre-response conference for this IFB.

I. QUALIFICATIONS OF BIDDER

1. A bidder, in order to be eligible for the contract, must be able to show their financial ability to carry on the work until the project is complete and accepted by the Town of Bourne.

2. Experience references provided must be relevant in size and scope to the work being bid on and current.

3. Any bidder, if requested, shall submit a financial statement, experience records, and an equipment schedule, on forms to be provided by the Town of Bourne. Financial statements shall reflect true financial conditions of bidder within three months prior to date of bid opening and shall be validated by a Certified Public Accountant.

4. Town reserves the right to request additional financial or reference information.

J. REJECTION OF BIDS

The bidder acknowledges the right of the Town of Bourne to reject any or all bids and to waive any informality or irregularity in any bid received. In addition, the bidder recognizes the right of the Town of Bourne to reject a bid if the bidder fails to submit the data required by the bidding documents, or if the bid is in any way incomplete or irregular.

K. EXECUTION OF CONTRACT AND SECURITY FOR FAITHFUL PERFORMANCE

The Bidder who is selected as Contractor shall promptly, after presentation thereof, in accordance with the general bid; and furnish with the executed Contract a Performance Bond, also a Labor and Materials Payment Bond, each of which shall be in the sum of 100 percent (100%) of the Contract Price. If the Contractor is a partnership, the bonds shall be signed in the correct corporate name by duly authorized officer, agent, or attorney-in-fact. The executed bonds shall be accompanied by (a) appropriate acknowledgement of the representative parties; (b) appropriate certified copy of power-of-attorney or other certifications of authority where bond is executed by an agent, officer or representative of the Contractor or Surety; (c) a duly-certified extract from the by-laws or resolutions of the Surety under which power-of-attorney or other certificate of authority of its agent, officer or representative was issued; and (d) a duly certified copy of the latest published financial statement of assets and liabilities of the Surety. Certificates of Insurance, required under the Contract Documents, shall be submitted with bonds.

L. PROJECT SCHEDULE

Anticipated Notice of Award: November 16 – 20, 2026

Anticipated Notice to Proceed: November 20 – December 4, 2026

Required Substantial Completion: April 26, 2027

Required Final Completion: May 7, 2027

M. TAX EXEMPTION

The project is exempt from payment of Massachusetts sales tax to the extent permitted by MGLc.64H, Subsection 6F. Exemption Certificate shall be supplied to contractor to be used in lieu thereof.

N. ACCEPTANCE OF BIDS

Within thirty (30) days after the opening of the bids the Town of Bourne will act upon them. The acceptance of a Bid will be a Notice of Acceptance in writing signed by a duly authorized representative of the Town of Bourne. No other act of the Town of Bourne shall constitute the acceptance of a bid. The acceptance of the bid shall bind the successful bidder to the contract. The rights and obligations provided for in the contract shall become effective and binding upon the parties only upon its formal execution.

O. TIME FOR EXECUTING CONTRACT AND PROVIDED CONTRACT BOND

Any contractor whose bid shall be accepted will be required to execute the contract within five (5) days, Saturdays, Sundays and legal holidays excluded after the notice that the contract has been awarded to them.

P. PAYMENT OF EMPLOYEES

1. For work done in the Town of Bourne, the payment for employees of the contractor and any or all sub-contractors and suppliers shall comply with the wage scale current at the commencement of construction, as published by the Department of Labor and Industries, under provisions of the Massachusetts General Laws. The contractor and each of his sub-contractors and suppliers shall pay each of their employees engaged in work on the project under the contract in full, less deductions made mandatory by law, and not less often than once a week. All forms required by local authorities, the Commonwealth of Massachusetts, and the United States Government, shall be properly submitted. No payments will be made on any application for payment until all required payroll and Affirmative Action/Equal Opportunity information for the period covered by the application has been submitted to the Town.

2. A copy of applicable wage rate schedules is attached and forms part of the contact documents.

Q. WITHDRAWAL OF BIDS

1. At any time prior to the scheduled closing time for receipt of bids, any bidder may withdraw his/her bid, either personally or by written request. If withdraw is made personally, proper receipt shall be given therefore.

2. After the scheduled time for receipt of bid and before award of contract, no bidder will be permitted to withdraw his/her bid unless said award is delayed for a period exceeding thirty (30) days. Negligence on the part of the bidder in preparing his/her bid confers no rights for the withdrawal of the bid after it has been opened.

R. RULE FOR AWARD

Contract shall be awarded to the lowest responsible eligible bidder for the base bid plus selected alternates (if alternates applicable to this bid. If there are no alternates, it shall be based on the base bid amount). Bids shall be reviewed by the Awarding Authority to make their determination of the bidder’s responsibility and eligibility for this award.

IV. GENERAL CONDITIONS

A. CONTRACT DOCUMENTS

The Contract Documents consist of the Agreement between Owner and Contractor (hereinafter the Agreement), Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modification is (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 Owner’s Representative.

Unless specifically enumerated in the Agreement, the Contract Documents do not include other documents such as bidding requirements (advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor's bid or portions of Addenda relating to bidding requirements).

The intention of the Contact Documents is to include all labor, materials, equipment and other items necessary for the proper execution and completion of the Work and the terms and conditions of payment therefore, and also to include all Work which may be reasonably inferable from the Contract Documents as being necessary to produce the intended results. The Contract Documents are intended to be complementary; however, any inconsistency, ambiguity or conflict among the Contract Documents shall be resolved in the following order of precedence (with (i) having the highest priority) and in the manner most favorable to the Town: (i) Contract Modifications; (ii) Owner-Contractor Contract; (iii) General Conditions of the Contract; (iv) Drawings/Specifications.

1. THE CONTRACT: The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreement, either written or oral. The Contract may be amended or modified only by a Change Order. The Contract Documents shall not be constructed to create a contractual relationship of any kind (1) between the Owner’s Representative and Contractor; (2) between the Owner and any Subcontract or Sub-subcontractor; or (3) between any persons or entities other than the Owner and Contractor. The Owner’s Representative shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Owner’s Project Manger’s duties.

2. WORK: The term “Work” means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all permits, labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor’s obligations. The Work may constitute the whole or a part of the Project.

3. PROJECT: The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner or by separate contractors.

4. DRAWINGS: The Drawings are the graphics and pictorial portions of the Contract Documents showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams.

5. SPECIFICATIONS: The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship for the Work, and performance of related services.

6. PROJECT MANUAL: The Project Manual is a volume assembled for the Work, which may include the bidding requirements, sample forms, Conditions of the Contract and Specifications.

7. CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS: The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all;

performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results.

Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade.

Unless otherwise stated in the Contract Documents, words which have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings.

8. INTERPRETATION: In the interest of brevity the Contract Documents frequently omit modifying words such as “all” and “any” and articles as “the” and “an”, but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement.

9. EXECUTION OF CONTRACT DOCUMENTS: The Contract Documents shall be signed by the Owner and Contractor. All copies of the Contract Documents shall be signed by the Town of Bourne and the Contractor. By executing the Contract, the Contractor represents that he/she has visited the site and familiarized him/herself with the local conditions under which the Work is to be performed. Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents.

10. USE OF DRAWINGS, SPEFICATIONS AND OTHER INSTRUMENTS OF SERVICE: The Drawings, Specifications and other documents, including those in electronic form, prepared by the Town of Bourne and their consultants are Instruments of Service through which the Work to be executed by the Contractor is described. The Contractor may retain one record set. Neither the Contractor nor any Subcontractor, Sub-subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Town of Bourne or their consultants, and unless otherwise indicated, the Town of Bourne and their consultants shall be deemed the authors of them and will retain all common law, statutory and other reserved rights, in addition to the copyrights. All copies of Instruments of Service, except the Contractor’s record set, shall be returned or suitably accounted for to the Owner’s Representative upon request, upon completion of the Work. The Drawings, Specifications and other documents prepared by the Town of Bourne and/or their consultants, and copies thereof furnished to the Contractor, are for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub-subcontractor or material or equipment supplier on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner. The Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are authorized to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Town of Bourne and their consultants appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this authorization shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Town of Bourne and their consultants. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of the Owner’s or their consultants’ copyrights or other reserved rights.

B. THE TOWN OF BOURNE (OWNER)

1. GENERAL: The terms “Owner” or “Awarding Authority” is the Town of Bourne and is referred to throughout the Contract Documents as if singular in number. The term

“Owner” means the owner’s authorized representative, Owner’s Representative or any other employee or agent of the Owner. The Owner’s Representative acts on behalf of the Owner. With the exception of any provision herein which grants the certain decision-making responsibilities, the Owner’s Representative shall exercise authority, responsibility or otherwise bind the Owner with respect to all matters requiring the Owner’s approval in any portion of the work.

2. OWNER’S PROJECT REPRESENTATIVE: The Town of Bourne’s representative for this project and Owner’s Representative will be Katie Matthews, Recreation Director.

Once the project contract is signed, all project questions, shop drawings, samples and requirements for approvals shall be directed to:

Town of Bourne Attn: Katie Matthews, Recreation Director kmatthews@bourne-ma.gov

3. The Owner’s Representative shall represent the Owner throughout the project. The Owner’s Representative shall be responsible for all services associated with the management of the project. The Owner’s Representative shall not have any responsibility for the design or construction of the project. Such responsibilities shall remain with the General Contractor (“Contractor”).

4. OWNER’S RIGHT TO ACCESS WORK. The Owner shall at all times have access to the Work wherever it is in preparation and progress. The Owner will make periodic visits to the site to become thoroughly familiar with the progress and quality of the Work in accordance with the Contract Documents. On the basis of on-site observations, the Owner’s Project Representative will endeavor to guard against defects and deficiencies in the Town of the Contractor. The Owner will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Owner will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in conjunction with the Work, and they will not be reasonable for Contractor’s failure to carry out the Work in accordance with Contract Documents.

5. INFORMATION AND SERVICES REQUIRED OF THE OWNER: The Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness.

6. As deemed necessary by the Owner, the Owner shall furnish site plans describing physical characteristics and utility locations for the site of the Project.

7. The Owner will be, in the first instance, the interpreter of the requirements of the Contract Documents.

8. The Owner shall receive from the Contractor periodic Applications for Payment for work performed by the Contractor. Based on observations, site visits and other such information, the Owner shall determine amounts owed to the Contractor and will issue Certificates for Payment in accordance herein.

9. OWNER’S RIGHT TO STOP THE WORK: If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents in its entirety, or repeatedly fails to carry out Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity.

mailto:kmatthews@bourne-ma.gov

10. OWNER’S RIGHT TO CARRY OUT THE WORK: If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten

(10) day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case, an appropriate Change Order shall be issued, deducting from payments, then, or thereafter due to the Contractor, the reasonable cost of correcting such deficiencies, including Owner’s expenses made necessary by such default, neglect or failure. If payments then or thereafter due the Contractor are no sufficient to cover such amounts, the Contractor shall pay the difference to the Owner.

11. CLAIMS AND DISPUTES: Definition. A Claim is a demand or assertion seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money, extension of time or other relief with respect to the Project. The term "Claim" also includes other disputes and matters in question arising out of or relating to the Contract. Claims must be initiated by written notice. The responsibility to substantiate Claims shall rest with the party making the Claim.

Time Limits on Claims. Claims by either party must be initiated within fourteen (14) days after occurrence of the event giving rise to such Claim or within fourteen (14) days after the Contractor first recognizes the condition giving rise to the Claim, whichever is later. Claims must be initiated by written notice to the Owner’s Representative and the other party.

The Contractor’s failure to provide written notice in strict accordance with this paragraph will result in the Contractor’s having waived its claim. Written notice submitted by the Contractor must include pricing of the Claim.

The Contractor shall furnish the Owner’s Representative with such additional documentation as the Owner’s Representative may request to evaluate the Claim.

Continuing Contract Performance. Regardless of the disposition or status of a Claim except as otherwise agreed in writing, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents.

Claims for Additional Cost. Contractor hereby acknowledges that the Owner has the contractual right to delay the Work. Such right may not be exercised unreasonably. In addition, Contractor shall not be entitled to additional compensation as a result of delay, even if caused by the Owner or those for whom the Owner is responsible. The Contractor’s sole remedy for any delay is an extension of time, notwithstanding the above. If the Contractor wishes to make Claim for an increase in the Contract Sum, for reasons other than delay or hindrance, written notice shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property.

If the Contractor believes additional cost is involved for reasons including but not limited to (1) a written interpretation from the Owner’s Representative, (2) an order by the Owner to stop the Work where the Contractor was not at fault, (3) a written order for a minor change in the Work issued by the Owner’s Representative, (4) failure of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's suspension or (7) other reasonable grounds.

CLAIMS FOR ADDITIONAL TIME

If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay only one Claim is necessary.

If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated and had an adverse effect on the scheduled construction.

No increase in contract time will be allowed for Work which is delayed as a result of the Contractor’s failure to timely submit, revise or resubmit shop drawings, product data and/or samples.

Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, or of others for whose acts such party is legally responsible, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding fourteen (14) days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter.

If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted.

CLAIMS FOR CONSEQUENTIAL DAMAGES.

The Contractor waives Claims against the Owner for consequential damages arising out of or relating to this Contract. This waiver includes: damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work. This waiver is applicable, without limitation, to all consequential damages due to the Contractor’s termination.

12. RESOLUTION OF CLAIMS AND DISPUTES: The Owner’s Representative will review Claims and within ten (10) days of the receipt of the Claim take one or more of the following actions: (1) request additional supporting data from the claimant or a response with supporting data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise, or (5) advise the parties that the Owner’s Representative is unable to resolve the Claim if the Owner’s Representative lacks sufficient information to evaluate the merits of the Claim or if the Owner’s Representative concludes that, in the Owner’s Representative's sole discretion, it would be inappropriate for the Owner’s Representative to resolve the Claim.

If the Owner’s Representative requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within ten (10) days after receipt of such request, and shall either provide a response on the requested supporting data, advise the Owner’s Representative when the response or supporting data will be furnished or advise the Owner’s Representative that no supporting data will be furnished. Upon receipt of the response or supporting data, if any, the Owner’s Representative will either reject or approve the Claim in whole or in part.

Upon receipt of a Claim against the Contractor or at any time thereafter, the Owner’s Representative or the Owner may, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor's default, the Owners Representative or the Owner may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy.

C. THE CONTRACTOR

The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Contractor" means the Contractor or the Contractor's authorized representative. The Contractor shall perform the Work in accordance with the Contract Documents.

1. The Contractor shall perform, supervise, and direct the Project, using their best skill and attention. The Contractor shall be solely responsible for all construction and installation means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract.

2. Unless otherwise specifically noted, the Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution and completion of the Work.

3. The Contractor warrants to the Town of Bourne that all materials and equipment incorporated in the work will be new unless otherwise specified, and that all work will be of good quality, free from faults and defects and in conformance with the Contract Documents. All work not so conforming to these standards may be considered defective.

4. The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities applicable to performance of the Work.

5. It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Owner in writing, and necessary changes shall be accomplished by appropriate Modification.

6. If the Contractor performs Work, which it should know it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without written notice to the Owner and the Owner’s Representative, the Contractor shall be responsible for such Work and shall bear the costs attributable to correction along with any other damages incurred by the Owner.

D. SEPARATE CONTRACTS

1. The Town of Bourne has the right to let other contracts in connection with the Work and the Contractor shall properly cooperate with any such other contractors.

E. ROYALTIES AND PATENTS

1. The Contractor shall pay all royalties and license fees. The Contractor shall defend all suits or claims for infringement of any patent rights and shall save the Town of Bourne harmless from loss on account thereof.

F. TIME

1. All time limits stated in the Contract Documents are of the essence of the Contract.

2. If the Contractor is delayed at any time in the progress of the Work by changes ordered in the Work, by labor disputes, fire, unavoidable casualties, or other Acts of God beyond the Contractor's control, then the Contract Time shall be extended by Change Order for such reasonable time as the Owner may determine.

G. PAYMENTS

1. Payments shall be made as provided under Section V, Special Conditions.

2. Payments may be withheld on account of 1) defective work not remedied, 2) claims filed, 3) failure of the Contractor to make payments properly to the Subcontractors or for labor, materials, or equipment, 4) damage to another contractor, 5) nonsubmission of required payroll and workforce documents, or 6) unsatisfactory execution of the Work by the Contractor.

3. Final payments shall not be due until the Contractor has delivered to the Town of Bourne a complete release of all liens arising out of this Contract or receipts in full covering all labor, materials and equipment for which a lien could be filed, or a bond satisfactory to the Town of Bourne indemnifying him against any lien.

4. The making of final payments shall constitute a waiver of all claims by the Town of Bourne except those arising from 1) unsettled liens, 2) faulty or defective Work appearing after Substantial Completion, 3) failure of the Work to comply with the requirements of the Contract Documents, or 4) terms of any special guarantee required by the Contract Documents. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and still unsettled.

H. PROTECTION OF PERSONS AND PROPERTY

1. The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions in connection with the Work. They shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to 1) all employees on the Work and other persons who may be affected thereby 2) all the Work and all the materials and equipment to be incorporated therein, and 3) other property at the site or adjacent thereto. 4) the general public. He shall comply with all applicable laws, ordinances, rules, regulations and orders of any public authority having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss.

All damage or loss to any property caused in whole or in part by the Contractor, any Subcontractor or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, shall be remedied by the Contractor, except damage or loss attributable to faulty Drawings or Specifications or to the acts or omissions of the Town of Bourne or anyone employed by either of them or for whose acts either of them may be liable but which are not attributable to the fault or negligence of the Contractor.

I. CONTRACTOR’S LIABILITY INSURANCE

The Contractor shall purchase and maintain such insurance as will protect them from claims under workmen's compensation acts and other employee benefit acts, for claims for damages because of bodily injury, including death, and from claims for damages to property which may arise out of or result from the Contractor's operations under this Contract, whether such operations be by themselves or by any Subcontractor or anyone directly or indirectly employed by any of them. This insurance shall be written for not less than any limits of liability specified as part of this Contract, or required by law, whichever is greater, and shall include contractual liability insurance as applicable to the Contractor's obligations under Section VI. Certification of such insurance shall be filed with the Town of Bourne, to the attention of Administration, 24 Perry Ave, Buzzards Bay, MA 02532.

J. TOWN OF BOURNE’S LIABILITY INSURANCE

The Town of Bourne shall be responsible for purchasing and maintaining their own liability insurance and, at their option, may maintain such insurance as will protect them against claims which may arise from operations under this Contract.

K. CHANGES IN THE WORK

1. The Town of Bourne without invalidating the Contract may order Changes in the Work

Consisting of additions, deletions, or modifications, the Contract Sum and the Contract Time being adjusted accordingly. All such changes in the Work shall be authorized by written Change Order signed by the Town of Bourne or their duly authorized agent. A change order shall be based upon agreement between the Owner and the Contractor. A Construction Change Directive by the Owner may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Owner alone.

2. The Contract Sum and the Contract Time may be changed only by Change Order. A Change Order is a written instrument prepared by the Owner’s Representative and signed by the Owner, and Contractor, stating their agreement upon all of the following:

a) change in the Work;

b) the amount of the adjustment, if any, in the Contract Sum; and

c) the extent of the adjustment, if any, in the Contract Time.

Change Order Proposals: Upon request of the Owner or the Owner’s Representative, the Contractor shall, without cost to the Owner, submit to the Owner’s Representative such form as the Owner’s Representative may require a written proposal for a Change Order in the Work. The proposal shall include the quantity and the cost of each item of material, the number of hours of work and the hourly rate for each class of labor, as well as the description and amounts of all other costs sought by the Contractor to perform the proposed Change. The Contractor shall also furnish to the Owner’s Representative, bona fide proposals from Sub-contractors and suppliers for all labor and materials to be included in such work. The proposal shall be furnished promptly so as not to delay the Work and shall include an estimate of any additional time required to finish the Work. Percentages for overhead and profit in the proposal shall be in accordance with the contract.

Change Order Proposals shall be complete and definitive and the amount of the adjustment in the Contract Sum and the Contract Time, if any, shall be stated in the proposal for all Work affected by the Proposed Change. Once a Change Order is executed, the Contractor shall be required to perform all of the Work required therein (including incidental work and changes to related Work which may be required to complete the Change Order) in accordance with the Contract Documents for the amounts stated in the Change Order. Contractor’s Change Order Proposals:

Contractor’s requests for changes or substitutions shall be subject to the same requirements as a change initiated by the Owner’s Representative or Owner.

In the Cost or credit to the Owner resulting from a Change in the Work, the value of such cost or credit shall be determined as follows, absent the applicability of a unit price for such items(s) set forth in the Contract.

a) The cost of labor performed and material used by the Contractor with his/her own forces.

b) The cost of Workman’s Compensation, Federal Social Security, and the

Commonwealth of Massachusetts Unemployment compensation in established rates.

c) Actual costs of rental rates for equipment and used directly on the Work.

d) Fifteen percent (15%) of Subparagraphs A, B, C of this section, for overhead, superintendence and profit, however, if the work to be performed results in a credit to the Owner, no percentage for overhead and profit will apply.

e) On Work to be performed by a sub-contractor, the Contractor’s allowance is to be…