IFB # SS 2027 PW1 Due Date: October 8, 2026 at 4:00 PM

Public Works Services and Materials

Invitation for Bids (IFB)

SS 2027 PW1

For

Metropolitan Area Planning Council (MAPC)

On behalf of the South Shore Regional Services Consortium

Representing the following municipalities:

Braintree, Cohasset, Duxbury, Hanover, Hingham, Hull, Marshfield, Milton, Norwell, Pembroke, Rockland, and Scituate

IFB # SS 2027 PW1 Due Date: October 8. 2026 at 4:00 PM

Legal Notice of Invitation for Bids for Public Works Services

The Metropolitan Area Planning Council (MAPC) on behalf of the South Shore Regional Services

Consortium (Consortium) representing the following municipalities: Braintree, Cohasset, Duxbury, Hanover, Hingham, Hull, Marshfield, Milton, Norwell, Pembroke, Rockland, and Scituate invites bids for the following publics works service to be provided to the Participating Member Municipalities through December 31, 2027:

Item # Description Estimated Contract

Value

MassDOT Prequal.

Required

Item

4A,B,C Roadway Surface Treatments $4,485,787 Y

Item 6 Pavement Markings $591,081 Y

Item 8 Street Sweeping $84,000 Y

Item 14

Sidewalk Construction, Reconstruction& Resurfacing $796,585 Y

MAPC is administering this procurement on behalf of the Consortium and the Participating

Member Municipalities. MAPC will identify responsible and responsive low bidder and make recommendations of award. Individual contracts will be executed between the Participating

Member Municipalities and the low bidder. The Participating Member Municipalities reserve the right to accept or reject such recommendations and to award contracts with the low bidder as deemed in their best interest. MAPC and the Consortium reserve the right to accept or reject any and all bids or portions thereof, to waive any informalities in bidding, and to recommend awards as appear in the best interest of the Consortium and its members.

Bid documents may be obtained by contacting Brian Griffin by email at bgriffin@mapc.org, beginning September 9, 2026. Massachusetts Prevailing Wage Laws apply. Bid Bonds, Performance Bonds, and Labor & Materials Payment Bonds are required. Sealed bids will be accepted until 4:00 PM, October 8, 2026 via CommBUYS, at which time they will be publicly opened via Zoom.

Please note that bids from Bidders not listed by MassDOT as prequalified in the specific class of work with a single contract limit at or above the dollar value of the projects or who are not listed on a waiver contractor bid list as of the day of the bid will be rejected. Vendors are advised that the initial contract term is for one year. MAPC reserves the right to extend the contract for two additional 12 month options. Valuation for purposes of MassDOT Prequalification is based on first year times three (3) to arrive at an estimated total Prequal. contract value. Contractors who are not prequalified to provide the services listed for the total Prequal. contract value, but meet the single year waiver threshold (+50% of year 1 prequalification; example $100,000 limit =

$150,000 waiver) and want to bid, should submit a waiver request at least two (2) weeks prior to the bid opening to allow for time to appeal in the event that a waiver is not granted. The file://///Data-001/Public/MG%20Consortiums/_Regional%20Services%20Consortiums/_Procurements/_MetroWest/Public%20Works/2019%20Procurement%20Documents/MW%202019%20PW1/Bid%20Documents/kchampley@mapc.org estimated value provided in this Invitation to Bid is for one (1) year. Vendors are expected to be able to provide their services over three (3) years at three (3) times the initial estimated value.

Table of Contents

Legal Notice of Invitation for Bids for Public Works Services

Section I: Terminology

Section II: General Information

Section III: Terms and Conditions

Section IV: Forms

Form A - General Bid Form

Form A - General Bid Form (Page 2)

Form B Certificate of Non-Collusion

Form C Certificate of Tax Compliance

Form D Conflict of Interest Certification

Form E Certificate of Corporate Bidder

Form F Certificate of Compliance with M.G.L. c. 151B

Form G Certificate of Non-Disbarment

Form H – Letter of Availability

Form H – Letter of Availability (Page 2)

Form J – Contract

Appendix A – List of Bid Documents

Appendix B – Estimated Quantities

Appendix C – MassDOT Price Adjustment Clauses

Section I: Terminology

The following terms, references and conventions have the meaning indicated.

Terms in Use General Meaning

• South Shore -RSC South Shore Regional Services Consortium _ an association of municipal governments

• The Consortium A collective purchasing association comprised of Member

Municipalities

• Participating Member

• Municipality(s); Participating

• Members

RSC members taking part in this IFB

• City

• Town

• Municipality

The awarding authority of the Participating Member

Municipality or its Authorized Representative

• Authorized Representative

• Designee

The person named as such by the Participating Member

Municipality

• Director

• Director of Public Works

• Engineer

• Superintendent

A Participating Member Municipality's Authorized

Representative or his/her designee or The Participating Member Municipality's manager of the work performed under Contract

• DPW

• Department

• Agency

The Participating Member Municipality's department responsible for directing the work performed under

Contract

• Low Bidder(s)

• Successful Bidder(s)

• Contractor(s)

The Low Bidder with whom a Contract has or may be executed

• Bid Sheet(s)/Form(s)

• Proposal Sheet(s)/Form(s)

Bid Form(s)

Bid Price Form(s)

• MAPC

The Metropolitan Area Planning Council, administrator of this IFB process as a service of its Regional Consortium

Project

Section II: General Information

1. Introduction

a. The South Shore Regional Services Consortium (Consortium) is an association of municipal governments. The Metropolitan Area Planning Council (MAPC) is administering this bidding process on behalf of the Consortium for the following Participating Member Municipalities:

Braintree, Cohasset, Duxbury, Hanover, Hingham, Hull, Marshfield, Milton, Norwell, Pembroke, Rockland, and Scituate

b. MAPC on behalf of the Consortium will identify low bidders and recommend award by

Participating Member Municipalities' awarding authorities, which reserve the right to accept or reject such recommendations as deemed in their best interest.

2. About the IFB Documents

a. All bidders will receive this Invitation for Bids (IFB) which contains all required information for bidders and required forms and the Specifications and the Bid Price Forms for the item or items for which the Bidder wishes to submit a bid.

b. See Appendix A, List of Bid Documents for documents that apply to this IFB.

c. Bidders are required to immediately and thoroughly review the IFB and Specifications and promptly notify MAPC of any ambiguity, inconsistency, or error which they may discover.

Direct all inquiries to Brian Griffin via e-mail at bgriffin@mapc.org. No inquiries will be accepted within three business days prior to the bid opening except for questions about the process of submission via CommBUYS. Response to inquiries that affect all bidders will be issued as addenda. MAPC will not provide, authorize or honor any alleged oral interpretations.

d. Any Addenda issued will be distributed via e-mail to all parties that have obtained IFB

Documents. Alternate arrangements may be made if requested by a bidder.

e. A bidder may correct, modify, or withdraw a bid by written notice received by MAPC not later than the close of business on the day before the bid opening. Bid modifications can be submitted in a new bid clearly labeled "Modification No.__” to CommBUYS. The bidder is also able to retrieve their bid at any time until the due date and time in the CommBUYS system.

Each modification should be numbered in sequence, must reference the original IFB and is to be signed by the same person who signed the General Bid Form or a surrogate so authorized in writing.

f. After the bid opening, a bidder may not change any provision of the bid in a manner prejudicial to the interests of MAPC, the Consortium, or fair competition as determined by

MAPC.

mailto:kchampley@mapc.org

g. Each Bid shall be submitted in accordance with the Bid Submission Requirements in order to be considered for award. Any Bid submitted shall be binding for thirty (30) days subsequent to the time of the opening of Bids.

h. Proposers shall provide a bid deposit with their Proposal equal to 5% of the amount of the

Price Proposal. The bid deposit may be in the form of a bid bond from a licensed surety, or a certified treasurer’s or cashier’s check payable to the Partner from a responsible bank or trust company. If submitting in the form of a bid bond from a licensed surety, a scanned copy of the bond must be submitted in the Price Proposal that is uploaded to COMMBUYS by the identified RFP due date and time. If submitting in the form of a certified treasurer’s or cashier’s check, the original check must be received by MAPC at 60 Temple Place, Boston, MA 02111 no later than the identified RFP due date and time. Scanned checks and cash will not be accepted. Following award to the selected Proposer, checks of those Proposers who were not awarded the contract will be shredded. If the selected Proposer provided a scan of their bid bond with their Price Proposal, it is required that the original hard copy bond be sent to the Partner within 7 business days of the contract award.

i. The Bid Deposits of the three (3) lowest responsible and eligible Bidders will be returned upon the execution and delivery of a Contract or, if no award is made, upon the expiration of the time prescribed herein for making an award; except that, if any Bidder fails to perform his/her/its agreement to execute a Contract and furnish a Performance Bond and a Labor and Materials Payment Bond if required, his/her/its Bid Deposit shall become and be the property of MAPC, as liquidated damages; provided that the amount of the Bid Deposit which becomes the property of MAPC will not, in any event, exceed the difference between his/her/its Bid price and the Bid price of the next lowest responsible and eligible Bidder; and provided further that, in case of death, disability, bona fide clerical or mechanical error of a substantial nature, or other similar unforeseen circumstances affecting the Bidder, his/her/its Bid deposit will be returned to him/her/it. The Bid Deposits of Bidders other than the three (3) lowest responsible and eligible Bidders will be returned following award of the

Contract.

j. MAPC and the Participating Member Municipalities will not reimburse Bidders for any costs incurred in preparing Bids in response to this IFB.

k. Submission of a Bid shall be conclusive evidence that the Bidder has examined this IFB and is familiar with all the conditions of the Contract. Upon finding any omissions or discrepancy in this IFB, each Bidder shall notify MAPC immediately so that any necessary addenda may be issued. Failure of a Bidder to investigate completely the IFB and/or to be thoroughly familiar with this IFB shall in no way relieve any such Bidder from any obligation with respect to the

Bid.

l. By submitting a Bid, a Bidder indicates acceptance of all terms and conditions of this IFB.

m. Nothing in this IFB will compel a Participating Member Municipality to award a Contract.

MAPC may cancel this IFB, may waive any informalities to the extent allowed by law, and may reject any and all Bids, if MAPC, in its sole discretion, determines said action to be in the best interest of MAPC or the Participating Member Municipalities. MAPC may reject as nonresponsive any Bid that fails to satisfy any of the Bid Submission Requirements.

n. The Successful Bidder shall, within ten (10) days after presentation thereof by a Participating

Member Municipality, execute a Contract in accordance with the terms of this IFB, in the form of the attached Contract.

o. The Successful Bidder who enters into a Contract with a Participating Member Municipality shall be responsible for obtaining, at his/her/its own expense, all appropriate federal, state and local permits, licenses and approvals.

p. A Participating Member Municipality may terminate any such Contract upon written notice to the Contractor if a source of money to fund the Contract is lost during the Contract term. In the alternative, the parties may agree in writing to amend any such Contract to provide for a

Contract price which represents a reduced appropriation for the Contract term.

q. Prevailing wage rates as determined by the Commissioner of the Massachusetts Department of Labor and Workforce Development under the provisions of the M.G.L. c. 149 §§ 26 to

27G, as amended, apply to this work. It is the responsibility of the Bidder, before Bid opening, to request, if necessary, any additional information on Minimum Wage Rates for those trades who may be employed for the proposed work under any such Contract awarded.

r. M.G.L. c 30 § 39M and M.G.L. c. 30B shall govern all procedures and are incorporated herein by reference.

s. For further information, please refer to the succeeding sections, with which each Bidder shall comply in submitting a Bid.

3. Estimated Quantities

a. This IFB recites quantities of services and/or goods that reflect estimates of the work to be engaged in by the Participating Member Municipalities during the initial contract term and each possible extension. Estimated quantities will be used for comparison of bids, determining the Low Bidder and establishing the Bid Bond/Deposit and Performance Bond amounts. The quantities, as estimated, may or may not be purchased during a contract term or extension. Each member municipality reserves the right to exceed or not meet the estimated quantities as its needs dictate. Participating Member Municipalities that have not listed estimated quantities may partake of the goods and services as bid.

4. Pre-Bid Conference

a. No pre-bid conference will be held for this IFB.

5. Bidder Eligibility

a. Bidders must comply with all requirements of this IFB in order to be considered eligible for award.

b. Please note that bids from Bidders not listed by MassDOT as prequalified in the specific class of work with a single contract limit at or above the dollar value of the projects or who are not listed on a waiver contractor bid list will be rejected.

6. Award

a. MAPC and the Consortium do not award contracts. MAPC and the Consortium will identify valid Low Bidders (i.e. the responsive—bidders who comply with all requirements for submittal of bids—and responsible—Bidders who are listed by MassDOT as prequalified in the specific class of work with a single contract limit at or above the dollar value of the projects or who are listed on a waiver contractor bid list and whose references are satisfactory to the Participating Member Municipalities—bidders offering the lowest aggregate prices as indicated on the Item-specific Bid Price Forms) and will present the

Bidder’s executed Contractual Agreement for Public Works Services to Participating Member

Municipalities for their action.

b. Award recommendations will be based on the prices enclosed in bold borders

c. $ xxx,xxx.xx as indicated on the Bid Price Forms. Bid Price Form arithmetic is apparent.

d. In the event of mathematical error on extensions of unit prices to total costs, unit prices will prevail.

e. Low Bidders and Second Low Bidders will be identified for each of the Bid Items shown on the Bid Price Forms as the subject of an award.

f. In the event of a Tie Bid:

1. Tied bidders will be required to submit revised bids of equal or lower value. Such bids shall be received, opened, and publicly read at a time, date, and place specified by MAPC no sooner than three (3) business days and no more than five (5) days after notification to the tied bidders.

2. By submitting a bid, bidders acknowledge and agree to the tie-breaking method selected by MAPC.

7. Contracts

a. All Low Bidders and all Participating Member Municipalities will be presented with a

Contractual Agreement for Public Works Services for execution and inclusion with their bids.

One Contract will result for each Bid Item identified for individual award. Each contract will separately and individually bind each Participating Member Municipality and each Low

Bidder. The parties to this Agreement shall not construe the use of a single uniform document signed by a Low Bidder and multiple Participating Member Municipalities as a contract with a single entity, the Consortium. Instead, it shall stand as a contract between each Low Bidder and each Municipal signatory. Scheduling, supervision, inspections, financial transactions, disputes and other contractual matters shall remain the affairs of the individual signatories to which they apply, having no direct or indirect bearing on any other party.

b. The uniform contractual agreement used by all parties shall be the Contractual Agreement for

Public Works Services contained in this IFB. (Refer to Form I – Contract). The Contractual

Agreement must be completed, signed, sealed (if applicable), and submitted along with the

Bid. (See Section 10, How to Submit a Bid)

c. Contracts resulting from this IFB will be made by and between Low Bidders and individual

Participating Member Municipalities. Participating Member Municipalities make separate local decisions regarding contract execution. Consortium recommendations for award do not constitute a commitment or obligation by its Participating Member Municipalities to enter into such contracts.

d. Contracts resulting from this IFB will be non-exclusive. Participating Member Municipalities reserve the right to do work of the type of the type covered by a resulting contract with their own forces or with other contracts.

e. In addition, Letters of Availability (See Form H) will be executed between the Next Lowest

Bidders and Participating Member Municipalities to ensure that they will guarantee their bid prices for the applicable contract periods in the event a Member Municipality exercises its rights under General Terms and Conditions, Section 3e: Engaging the Next Lowest Bidder.

The Letter of Availability (Form H) must be completed, signed, sealed (if applicable), and submitted along with the Bid. (See Section 10, How to Submit a Bid.)

f. Contracts will be in effect from their dates of execution through December 31, 2027. Each contract will be eligible for two (2) additional one (1) year extensions, ending December 31, 2028 and December 31, 2029

TERM FROM THRU

Initial Term Execution date Dec 31, 2027

Extension 1 January 1, 2028 Dec 31, 2028

Extension 2 January 1, 2029 Dec 31, 2029

g. In the event new contracts have not been procured and awarded by December 31, 2029, MAPC and the Consortium on behalf of the Participating Municipalities may elect to extend current contracts for an additional period of time until new contracts have been procured and awarded.

h. In no instance shall any contract term, including extensions, exceed three (3) years in total.

i. Except as provided elsewhere in this IFB, there will be no change in the terms and conditions, proposal prices, or products offered during the contract periods.

j. All general requirements and terms and conditions contained in the "GENERAL

INFORMATION" section of this IFB shall become part of and contained in any resulting

Contract, except that terms, conditions and requirements peculiar to specifications for named types of work shall supersede.

k. Bidders are required to certify at the time of contract execution, using the form contained in this document entitled Certification of Tax Compliance (Form C) that they have met all

Massachusetts tax obligations as a condition of eligibility to contract with Participating

Member Municipalities. Participating Member Municipalities are prohibited by law from executing Contracts without this Certification.

l. This IFB document and all included forms and requirements will be incorporated into all resulting contracts.

8. Price Adjustment Clauses

a. MassDOT has notified all cities and towns in the Commonwealth of Massachusetts that there are new price adjustment requirements that must be included in the bid documents for contracts to be funded by M.G.L. c. 90 funds. All municipalities are required to include price adjustment clauses for diesel fuel, gasoline, liquid asphalt, Portland cement concrete, and steel.

b. This IFB hereby incorporates the MassDOT specific contract language for the required price adjustment clauses for diesel fuel, gasoline, liquid asphalt, Portland cement concrete, and steel. Copies of these Special Provisions can be found in Appendix C, Price Adjustment

Clauses and on the MassDOT website.

c. Base Prices for these items will be the fixed prices determined to be in place as of the date of bid as posted on the MassDOT website.

d. All scheduled work will be performed at the prices in effect at the time the work is performed.

e. In the event that scheduled work is postponed by the Contractor, pricing will be locked-in at the pricing applicable to the originally scheduled work period.

f. In the event that scheduled work is postponed by the Consortium member, Paragraph C above shall apply.

9. Applicable Laws and Certifications

a. This Invitation for Bids [IFB] is a collective procurement issued by the Metropolitan Area

Planning Council on behalf of the South Shore Regional Services Consortium for its

Participating Member Municipalities pursuant to M.G.L. c.7 § 22B.

b. Municipal governments are exempt from Massachusetts sales tax and U.S. excise tax.

c. Bids are subject to the laws and certifications noted in the following table:

MassDOT Prequalification or Waiver REQUIRED

Prevailing Wage Law APPLIES

M.G.L. c. 30B APPLIES

M.G.L. c. 30 § 39M APPLIES

Description

Item 4A, B, C Roadway Surface Treatments

Y Y Y Y

Item 6 Pavement Markings

Item 14 Sidewalk Construction, Reconstruction & Resurfacing

d. Low Bidders must provide proof of possession in good standing of all applicable licenses and must obtain, prior to performing contract work, all permits required by the Towns in which work is performed unless waived by the appropriate issuing authority.

e. Vendors must be listed by MassDOT as prequalified in the specific class of work with a single contract limit at or above the dollar value of the projects or be listed on a waiver contractor bid list.

f. Contractors must pay their employees the Prevailing Wages provided to the awarding authority by the Massachusetts Division of Occupational Safety pursuant to M.G.L. c.149.

Prevailing Wage information and rates will be provided at the time a contract is signed and work is scheduled. Awarding authorities will require copies of certified payrolls before payments can be made to contractors for work performed.

g. Low Bidders must provide proof of possession in good standing of all applicable licenses and must obtain, prior to performing contract work, all permits required by the Towns in which work is performed unless waived by the appropriate issuing authority.

10. How to Submit a Bid

a. Bids must be submitted and received prior to 4:00 PM on October 8, 2026 to CommBUYS via attachment (PDF, Word, Excel, etc.).

No late bids shall be accepted. No faxed shall be accepted. No bids sent to email addresses will be accepted. Conditional bids will not be accepted.

Concerning the CommBUYS bid submission process, Bidders should consult the additional

OSD document in this bid that details how to submit a bid via CommBUYS. Bids should be submitted as an attached document. If you run into any issues regarding submission, it is highly encouraged that your reach out to Brian Griffin at bgriffin@mapc.org or at phone number: 617-933-0779.

b. All submitted documents must be clearly labeled with SS 2027 PW1 somewhere in the file name.

mailto:bgriffin@mapc.org

c. Bids from Bidders not listed by MassDOT as prequalified in the specific class of work with a single contract limit at or above the dollar value of the projects or who are not listed on a waiver contractor bid list will be rejected.

d. Bids must be submitted on the accompanying applicable Bid Price Forms. All blanks must be marked with a bid price or an extended price, or marked out so as to clearly indicate the

Bidder's intentions. All items listed with an “As Needed” estimated quantity should give the unit price, but not add it to the overall total.

e. Out of State Bidders – Bidders having their place of business outside of the Commonwealth of Massachusetts are considered a “Foreign Corporation”, as defined in M.G.L. c. 181. Each

Out of State Bidder shall furnish certification from the Secretary of State verifying qualification to do business in the Commonwealth in accordance with M.G.L. c. 30 § 39L. g.

Bid Submittal CHECKLIST

One (1) Bid is required for each bid as follows:

Bid PDF/document contains the following items properly completed, executed and sealed (if needed). Please submit only the listed required forms and documents and in the order requested. Do not include copies of the IFB, addenda, and specifications:

An acceptable form of Bid Bond (see Section 14)

The Bid Price Form(s) that applies to the Item(s) being bid.

Form A – the General Bid Form

Form B – Certificate of Non-Collusion

Form C – Certificate of Tax Compliance

Form D – Conflict of Interest Certification

Form E – Certificate of Corporate Bidder

Form F – Certificate of Compliance with M.G.L. c. 151B

Form G – Certificate of Non-Debarment

Form H – Letter of Availability

Form I – OSHA Training

Form J – an originally executed Contractual Agreement for Public Works Services

A list of References numbering not less than three (3) Massachusetts municipalities with specific, complete, current and accurate contact information.

A list of Subcontractors to whom the Contractor may sub-contract any of its scheduled work.

A list of municipal work performed within the past three (3) years.

h. Bonds, insurance certificates and any other documents required to be included in the completed contracts will be obtained from Low Bidders by the Consortium upon their certification of the Official Bid Results by MAPC.

i. Bids from Bidders not listed by MassDOT as prequalified in the specific class of work with a single contract limit at or above the dollar value of the projects or who are not listed on a waiver contractor bid list will be opened and retained by the Consortium and rejected for being non-responsive.

j. Prices as Bid shall remain firm 1) for the term of the Contract; and 2) for all work in the categories bid regardless of an individual member municipality's work quantities. Only those items listed in Section 8, Price Adjustment Clauses shall be subject to price adjustment.

k. Bids shall remain valid and in effect for a period of sixty (60) days beyond 1) the initial date of opening and 2) the end of the specified contract periods to allow sufficient time for action by

Participating Member Municipalities.

l. Low Bidders shall process and deliver required Contract documents within seven (7) calendar days of receipt of notification by Participating Member Municipalities of their “Intention to

Award a Contract”.

11. Bid Pricing

a. The unit price for any item, bid and contracted for, unless otherwise noted or specified, shall include full compensation for all labor, equipment, materials, tools, mobilization, demobilization, administration and overheard, and incidental work necessary to complete the item to the satisfaction of the Municipality. The prices without exception, shall be net, not subject to discount, and shall include all royalties and costs arising from patents, trademarks, and copyrights in any way involved in the work.

b. The unit price for each and any item, bid and contracted for, shall include the Contract

Administration Fee as described in Section III, Terms and Conditions.

12. Completing the Bid Price Forms

a. Normally, all prices called for contribute to the calculation of an award amount. There may be exceptions, in which case, all unit prices called for must be bid in order for a bid to be considered valid.

b. Unit prices preceded by

“x” and followed by “=” indicate an extended price must be calculated.

c. Unit prices preceded by

“@” indicate a bid that will serve as the price for work Towns need to do at a later date, but have not indicated quantities at this time. DO NOT

EXTEND these calculations. They will not calculate into the award amount, but may be used to determine the reasonableness of a bid.

d. “ADD (DEDUCT)” amounts must be bid, although they do not figure in the award calculation.

e. Place the sum of the extended prices in the bold box next above in the column of extensions.

Where the extended price is in the bold box, that amount will be the basis of award.

13. MBE/WBE Participation Goals

a. Low bidders who accept contract awards will be required to comply with any and all Minority

Business Enterprise (MBE) and Women’s Business Enterprise (WBE) policies and participation goals of the Participating Member Municipalities. Bidders must submit any required MBE/WBE Forms/Letter of Intent & Schedules of Participation required by a municipality to that municipality for acceptance prior to beginning any scheduled work.

14. Bonds

a. All bids must be accompanied by a Bid Bond or a certified/bank check in the amount of 5% of the estimated value of the work bid upon by a single contractor as a guarantee that the bidder will honor the bid and execute a contract with Participating Member Municipalities, subject to forfeiture upon failure of such. (“Estimated value” equals the sum of all work bid

Estimated

Quantity x

Bid

Price

Unit = Total

2. PW SERVICE $

97,178.00

1) Depth of 1" ADD(DEDUCT) @

(0.20) /SqYd

70,700

ADD(DEDUCT)

x

1.09

0.25

/SqYd /SqYd

77,063.00

4) Depth of 4"

5) Night Work Differential

13,500

ADD(DEDUCT)

1.49

0.50

/SqYd /SqYd

20,115.00

110.00 Each

b) Water & Gas Gates

95.00 Each

2) Depth of 2"

3) Depth of 3"

6) Casting Adjustments

a) Catch Basins/Manholes on the basis of estimated quantities.) Bid Bonds must remain in effect for a period of not less than 60 days after the bid opening.

b. Proposers shall provide a bid deposit with their Proposal equal to 5% of the amount of the Price Proposal. The bid deposit may be in the form of a bid bond from a licensed surety, or a certified treasurer’s or cashier’s check payable to the Partner from a responsible bank or trust company. If submitting in the form of a bid bond from a licensed surety, a scanned copy of the bond must be submitted in the Price Proposal that is uploaded to COMMBUYS by the identified RFP due date and time. If submitting in the form of a certified treasurer’s or cashier’s check, the original check must be received by MAPC at 60 Temple Place, Boston, MA 02111 no later than the identified RFP due date and time. Scanned checks and cash will not be accepted. Following award to the selected Proposer, checks of those Proposers who were not awarded the contract will be shredded. If the selected Proposer provided a scan of their bid bond with their Price Proposal, it is required that the original hard copy bond be sent to the Partner within 7 business days of the contract award.

c. Low bidders’ bid bonds will be returned upon execution of the contract, complete with supporting documents.

d. Second low bidders’ bonds will be returned upon verification of receipt of their Letter of

Availability.

e. A Performance Bond in an amount not less than 50% of the estimated value of the contract work will be required of all bidders as part of their contracts for services.

f. A Labor and Materials Payment Bond in an amount not less than 50% of the estimated value of the contract work will be required of all bidders as part of their contract for services bid under M.G.L.c.30, s.39M (see Section 9 – Applicable Laws and Certifications).

15. Insurance and Indemnification

a. Low Bidders shall be required to provide Insurance Certificates as part of the contract documents demonstrating that the following forms and limits are in effect during the term of the Contract:

General Liability

Comprehensive form

Including

Premises/Operations

Aggregate

Each Occurrence

$2,000,000

$1,000,000

Underground Explosion & Collapse

Hazard

Independent Contractors

Broad Form Property Damage

• Products / Completed Operations

• Personal Injury

• Fire Damage

Aggregate

Per Person

Each Occurrence

$2,000,000

$5,000

$50,000

Automobile Liability

• All Owned Vehicles

• Hired Vehicles

• Non-owned Vehicles

Bodily Injury & Property

Damage Combined

$1,000,000

Workers Compensation & Employers Liability

As Required by Commonwealth of

Massachusetts

Each Accident $500,000

Bodily Injury by Disease

(Policy Limit)

$500,000

Excess Liability, Umbrella Form

Bodily Injury by Disease

(Each Employee)

$500,000

Excess Liability, Umbrella Form

Aggregate $2,000,000

Occurrence $1,000.000

b. Participating Member Municipalities shall be named as Additional Insureds and shall be provided with copies of actual policies upon request.

c. All insurance policies shall be in force from the time of execution of the Agreement to the date when all work under the contract is completed and accepted by the Participating

Member Municipality. Contractors shall notify the Participating Member Municipality should coverage become unavailable or if its policy should change.

d. Certificates and any and all renewals substantiating that required insurance coverage is in effect shall be filed with the contract. Any cancellation of insurance, whether by the insurers or by the insured, shall not be valid unless written notice thereof is given by the party proposing cancellation to the other party and to the Participating Member

Municipality at least 15 days prior to the intended effective date thereof, which date should be expressed in said notice.

e. Contractors shall also be required to provide to each Participating Member Municipality with their proof of insurance coverage endorsements or riders to the policies of commercial general liability insurance, automobile liability insurance, and excess liability insurance, umbrella form, which indicate that the Participating Member Municipality is named as an additional insured on each such policy.

f. Contractors shall indemnify, defend, and save harmless the Participating Member

Municipality, and all of its officers, agents, and employees against all suits, claims of liability of every name and nature, for or on account of any injuries to persons or damaged to property arising out of errors, omissions, or negligence of Contractors in the performance of the work covered by this Agreement and/or failure to comply with terms and conditions of this contract, whether by himself or his employees or subcontractors.

Contractors shall agree to the indemnification clause found in the Contract, Form I.

Section III: Terms and Conditions

16. Normal Hours of Work

a. Normal Hours of Work shall be between the hours of 7:00 AM and 4:00 PM, Monday through

Friday, unless otherwise specified. Work shall not be performed on Saturdays, Sundays, Holidays or other than during Normal Hours of Work without express authorization from the

Municipal Party's Authorized Representative as identified in the Contract documents.

17. Safety

a. Police details will be scheduled and paid for by Participating Member Municipalities unless otherwise specified in the bid documents.

b. Contractors that cancel scheduled work to which police, flag people or public works personnel are assigned on an additional pay basis are subject to contract back charges for costs incurred at the discretion of Participating Member Municipalities.

c. It is the Contractor’s responsibility to contact DIG SAFE or any other utility company not notified per Dig Safe such as the municipal sewer department or light company.

d. Contractors will be familiar with and conduct operations as required by OSHA regulations at all times.

e. Contractors will immediately advise a Participating Member Municipality of inspections conducted by OSHA at the work site, and immediately provide copies of citations and violations to the Participating Member Municipality.

18. MBTA Right of Way Work

a. Any contractor doing work in the right of way on the MBTA will be required to have all employees working in said zone complete an MBTA Safety Training and abide by all regulations and requirements associated with the MBTA Safety Department while working in this area.

b. This shall include the use of flagmen and any other requirement put forth by the MBTA.

c. All costs associated with this work shall be borne by the contractor.

19. Schedules and Deadlines

a. Contractors must make a diligent effort to coordinate scheduled work among Participating

Member Municipalities.

b. Contractors shall complete all work of a continuous nature scheduled and called for by the

Participating Member Municipality prior to leaving a worksite or the municipality unless so authorized by the Member.

c. Contractor supervisory personnel shall be consistent for all work of a continuous nature (i.e.

same job, same supervisor).

a. Best Efforts: All parties will make their best efforts to schedule work so as to avoid undue delay and repeated postponements, and to keep costs as low as possible.

b. Start and Finish Work: Contractors shall be available to begin work at locations designated by the Town no later than five (5) business days from the date of execution of a Contact or on a schedule approved by the Participating Member Municipality. Once work has been started, Contractors shall remain on the job until all scheduled work is completed to the satisfaction of Participating Member Municipality.

c. Assignment: Contracts may not be assigned, in whole or in part, by any Contractor without the prior written consent of the Consortium.

d. Sub-Contracting: Contracts may not be assigned, in whole or in part, by any Contractor without the prior written consent of the Consortium. Contractors may sub-contract any, or all of a Consortium members scheduled work; however, the Contractor must inform the

Consortium member as to the name and qualifications of the selected sub-contractor 72 hours prior to the work being performed and work can only proceed if the Consortium member approves the use of the selected subcontractor. Such consent shall be considered temporary and conditional, and may be revoked at any time at the member’s discretion. If the selected sub-contractor is rejected by the Consortium member, then the Contractor must find a suitable alternative for the work at no additional cost to the Consortium member. All standards expressed in the contract documents apply to the approved sub-contractor as well.

The Contractor will be responsible for the quality of the work by the sub-contractor. All damages by the sub-contractor will be repaired in a timely manner at no additional cost to the

Consortium member.

e. Presence Known to Municipality: All work must be scheduled in advance and performed with the knowledge and consent of the Municipality. Contractors may not perform work within

Participating Member Municipalities absent such knowledge and consent.

f. Timeliness and Approved Delays: Time shall be of the essence regarding performance of each and every portion of the contracted work. Work schedules approved by the Municipality shall be binding upon the Contractor except for reasonable delays due to weather, failure of the

Municipality in the timely performance of any of its prerequisite obligations, or site related circumstances beyond the control of the Contractor. Extensions of time resulting from such delays are subject to approval by the Municipality and may not be unreasonably withheld.

g. Postponed Work: Postponed work attributable to a Consortium member will be rescheduled at the earliest possible date after the postponed start date, but not later than 3 weeks thereafter

h. Failure to Appear for Scheduled Work: In addition to the penalties noted in the preceding paragraph, Contractors that fail to appear for or cancel scheduled work to which police, flag people or public works personnel are assigned on an additional pay basis, will be subject to contract back charges for costs incurred at the discretion of Participating Member

Municipalities. Such charges may include preparation by others that is required to be repeated.

i. Engaging The Next Lowest Bidder: Participating Member Municipalities may elect, upon failure of the Low Bid Contractor to comply in a timely manner with the requirements of this section (Schedules and Deadlines), to a) invoke a non-performance penalty of $1,000 per day (deductible from rendered invoices), or b) engage the services of the next lowest bidder at his price as bid; provided that in either case the Low Bid Contractor has failed to appear and to provide the requested services within 24 hours of receipt of written notice of the

Municipality’s intentions and its basis for such action. Once this provision is exercised, the

Municipality may, but shall not be obligated to, resume service by the Low Bid Contractor.

Reengagement of the Low Bid Contractor shall be at its Bid prices and without breach of the

Contract between the Parties.

20. Legal Damages

a. If Contractors neglect, fail or refuse to complete the work within the time herein specified, or any proper extension thereof granted by Participating Member Municipalities, then

Contractors hereby agree, as a part consideration for the awarding of this Contract, to pay to

Owner the amount of $1,000.00 per day, not as a penalty but as liquidated damages for such breach of Contract as hereinafter set forth, for each and every calendar day that the

Contract shall be in default after the time stipulated in the Contract for completing the work.

b. The said amount is fixed and agreed upon by and between Contractors and Participating

Member Municipalities because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages Participating Member Municipalities would in such event sustain, and said amount is agreed to be the amount of damages which Participating

Member Municipalities would sustain and said amount shall be retained from time to time by

Participating Member Municipalities from current periodical estimates.

21. Termination

a. Each Participating Member Municipality or a Contractor may terminate the Agreement for cause upon written notice given by the non-defaulting party. For the purposes of this provision, "cause" shall include the failure of a party to fulfill its material duties in a timely and proper manner.

b. A Participating Member Municipality shall have the right to terminate this Agreement for its convenience upon ten (10) days written notice.

c. Following termination of this Agreement, the parties shall be relieved of all further obligations hereunder except that:

Each Participating Member Municipality shall remain liable for payments for the services and/or expenses of a Contractor accrued prior to the effective date of the notice of termination in compliance with this Agreement (less all costs reasonably incurred by the

Participating Member Municipality as a result of the Contractor's default, if any), as determined by the Contracting Authority, but for no other amounts including, without limitation, claims for lost profits on work not performed.

The Contractor shall remain liable for any damages, expenses or liabilities arising under this

Agreement (including its indemnity obligations) with respect to work performed pursuant to the Agreement.

22. Invoicing & Payment

a. With any invoice, the CONTRACTOR shall submit evidence satisfactory to the Participating

Member Municipalities that the goods or services have been delivered and/or that the work has been completed in accordance with this Agreement.

b. Invoices shall clearly indicate quantities, hours, prices and other applicable measures that can be verified by Participating Member Municipalities on the basis of documented inspection by the Municipality, or by weight, service or delivery slips provided at the time work was performed or delivery/pick-up occurred.

c. Invoices shall reference the correct Consortium and Consortium contract number i.e. SS

20XX-PW4 or MW 20XX-PW3, etc.

d. Pricing shall be based on unit (or other) prices as bid. Any pricing not listed in the bid will not be honored.

e. Payment for services rendered in accordance with any Contract will be made pursuant to

M.G.L. c. 30 §39G on a monthly basis, thirty days after receipt of an invoice for work performed or materials supplied the previous month.

f. The Participating Member Municipalities shall pay the CONTRACTOR ninety percent of the invoice. Upon satisfactory completion of the work and thirty days after receipt of an invoice for final payment, the Participating Member Municipalities shall pay the CONTRACTOR all amounts due under the Contract, including the retainage.

g. The Participating Member Municipalities shall not make payments in advance.

h. If a Participating Member Municipality objects to all or part of any invoice, the Participating

Member Municipality shall notify the Contractor in writing within two (2) weeks of the date of receipt of the invoice, and shall pay that portion of the invoice not in dispute within thirty (30) days after the date of receipt of the invoice.

i. Payment of the amounts due under any Contract shall release the Participating Member

Municipality and its officers, employees, boards, commissions, committees, agents and representatives from any and all claims and liability in any way relating to the Contract or anything done in pursuance thereof.

j. No payment by a Participating Member Municipality to a Contractor shall be deemed to be a waiver of any right of the Participating Member Municipality, or ratification by the Participating

Member Municipality of any breach by the Contractor.

23. Contract Administration Fees – Reporting, Payment & Auditing

a. Contractors will be required to report to MAPC on all goods and services purchased by any

Participating Member Municipalities through all resulting contracts. Vendors will provide

MAPC with detailed reports within one (1) week after the close of each contract year. Reports shall contain all data pertinent to the purchase of all goods and services. Reports must be provided in electronic form (preferably .xls, .csv or .txt format) delivered via e-mail, and in printed form if requested.

b. Contractors must also provide MAPC with copies of all invoices sent to Participating Member

Municipalities for all goods or services delivered and work performed under resulting contracts. MAPC will also contact the Participating Municipalities to verify the information provided by the Contractors.

c. Contractors will be required to pay to MAPC a Contract Administration Fee of 1% (one percent) of the total invoiced amount of goods and services purchased through all resulting contracts and reported in the quarterly reports.

d. For Roadway Management bids, the administration fee charged to the Contractor will be capped when total Roadway Management services procured from that Contractor from all

Participating Members reaches $5 million in a single year. With this cap, the Roadway

Management Contractor will be charged 1% for all services up to $5 million.

e. MAPC will invoice Vendors after which payment of the quarterly Contract Administration Fee is due from the Vendor to MAPC within 30 days of invoicing.

f. MAPC may lower, but will not increase, the Contract Administration Fee at any time during the term of this contract, in which case the cost reduction to the Proposer shall be reflected as a discount on the quotes provided to Buyers.

g. MAPC will audit Contractor’s records as often as it deems necessary.

h. Contractor hereby grants MAPC, or its agent, open and free access to all records and books of account bearing evidence of business transactions relating to materials and services provided to Consortium members under resulting contracts.

i. Contractor shall make available to MAPC upon request, and within a reasonable time, copies of documentation sufficient for MAPC to determine that Contractor is in compliance with this section.

j. Contractor shall be determined to be in compliance with this section when it is shown that

Contractor, through its own actions, has timely met and is presently meeting all of its obligations as set forth in this section.

k. If Contractor is found to be in non-compliance with this section, Contractor shall be given a reasonable time to cure.

l. If after a reasonable time Contractor has not cured and continues to be in non-compliance, MAPC will pursue appropriate actions against Contractor for the collection of contract administration fees due to MAPC under this section and notify Contractor in writing of MAPC’s actions. Additionally, MAPC will:

1) Report Contractor’s non-compliance to the Participating Member Municipalities; and,

2) Deem Contractor “not responsible” in any future bid or bids performed by MAPC for a period of 3 years from the date of MAPC’s written notification to the Contractor of MAPC’s actions to pursue collection of contract administration fees.

m. At a minimum MAPC will audit Contractor at least once within 90 days after the termination date of the contract as a step in closing out the contract. Contractor agrees to be bound by the terms and conditions of the IFB and the contract documents through such audit period, or until sooner released in writing by MAPC, and agrees to immediately pay MAPC any and all

Contract Administration fees unpaid and due as a result of any MAPC audit.

n. If Contractor does not immediately pay MAPC any and all Contract Administration fees unpaid and due as a result of an audit to close-out the contract within a reasonable time, MAPC will pursue appropriate actions against Contractor for the collection of contract administration fees due to MAPC and notify Contractor in writing of MAPC’s actions. Additionally, MAPC will:

1) Report Contractor’s non-compliance to the Participating Member Municipalities; and,

2) Will deem Contractor “not responsible” in any future bid or bids performed by MAPC for a period of 3 years from the date of MAPC’s written notification to the Contractor of MAPC’s actions to pursue collection of contract administration fees.

24.…