Old Burying Ground Gravestone Preservation, Phase 2A, 2026

TOWN OF FALMOUTH, MASSACHUSETTS
DEPARTMENT OF PUBLIC WORKS
REQUEST FOR SERVICES
FOR
Old Burying Ground Gravestone Preservation, Phase 2A, 2026
Professional conservation and preservation of 250 historically significant gravestones in
Falmouth's Old Burying Ground. The scope of work includes various preservation methods
including: masonry repair, light excavation, resetting, cleaning, and treating of historically
significant gravestones in Falmouth's Old Burying Ground, located on Cemetery Lane, off
Mill Road, Falmouth, MA 02540
2026
DIRECTOR OF PUBLIC WORKS
Peter M. McConarty, P.E., P.L.S.
DEPUTY DIRECTOR OF PUBLIC WORKS
James M. Kempton, Jr., P.E.
Falmouth DPW 416 Gifford Street Falmouth, MA 02540
Phone: (508) 457-2543 FAX: (508) 548-1537

TABLE OF CONTENTS
SECTION
I Notice to Service Providers
II Information to Service Providers/ General Conditions
III Scope of Work / Bid Pricing Page
IV EEO/AA Certification / References
V Bankruptcy Statement
VI Statement of Compliance
VII Prevailing Wage Rates
VIII Agreement

SECTION I
NOTICE TO SERVICE PROVIDERS
The Town of Falmouth, Department of Public Works, will accept Bids for:
Old Burying Ground Gravestone Preservation, Phase 2A, 2026
Bids will be received in the Office of the Deputy Director, Falmouth Public Works, 416 Gifford Street,
Falmouth, MA 02540 on or before the following time and date: 2pm on Wednesday, June 24, 2026 at
which time and place the Bids will be opened and reviewed.
Request For Services Documents will be available after 8:00 A.M on Wednesday, June 10, 2026 and
may be examined and/or obtained at the office of the Deputy Director of the Department of Public
Works, 416 Gifford Street, Falmouth, MA 02540.
Service Providers may not withdraw their Bids for a period of 120 calendar days, after the actual date of
the opening of the Bids.
The successful Service Provider must furnish a 100 percent (100%) Performance Bond with a surety
company licensed to do business in the Commonwealth of Massachusetts.
Wage rates for this Project are subject to the minimum wage rates as per M.G.L. Chapter 149, Section
26 to 27D inclusive.
The request for services Bid and award of this Contract will be under the provisions of M.G.L. Chapter
30B.
This Services Proposal shall have a time period of one year.
The Town reserves the right to waive any informality in or reject any and all Bids, or to accept the Bid
deemed to be in the best interest of the Town of Falmouth.
Bids are welcome from minority and female businesses.
DEPARTMENT OF PUBLIC WORKS
Peter M. McConarty
Director of Public Works

SECTION II
INFORMATION TO SERVICE PROVIDERS / GENERAL CONDITIONS
1. Attention of all Service Providers is directed to Massachusetts General Laws and to all other
applicable sections of the General Laws as most recently amended which govern the award of this
Contract.
2. The Service Provider shall submit his Bid upon forms furnished by the Department of Public
Works. The Service Provider shall specify the price in figures and in words, if space for words is
provided. All words and figures shall be typewritten or in ink. In case of discrepancy, the amount
shown in words will govern.
3. All Bids shall be signed correctly in ink by the individual or in case of a firm, partnership or
corporation, it shall be signed by a person having a legal authority from said firm, partnership or
corporation.
4. All Bids shall be submitted to the Office of the Parks Superintendent, Department of Public Works,
416 Gifford Street, Falmouth, Massachusetts 02540 on or before the date stated in the Notice to
Service Providers.
6. Bid forms shall be completely filled in. Bids which are incomplete, conditional, or obscure, or
which contain additions not called for will be rejected. Use the pages of this Document when
submitting Bids and submit Agreement Document intact. All Bids along with the qualifying
statements shall be considered firm prices for the period of the Bid as submitted by the Service
Provider. No award will be made to any Service Provider who cannot satisfy the Town of
Falmouth, Department of Public Works, that he has sufficient ability and experience in this class of
work and sufficient capital and plant to enable him to prosecute and complete the work successfully
within the time named. The Owner's decision or judgment on these matters will be final, conclusive
and binding.
7. The Town may make such investigations as it deems necessary to determine the ability of the
Service Provider to perform the work, and the Service Provider shall furnish to the Town all such
information and data for this purpose as the Town may request. The Town reserves the right to
reject any Bid if the evidence submitted by, or investigation of, such Service Provider fails to
satisfy the Town, that such Service Provider is properly qualified to carry out the obligations of the
Agreement and to complete the work contemplated therein within the time period set forth in the
Bid documents.
All applicable Federal, State and Local Laws, ordinance and rules, regulations (including but not
limited to any laws, ordinances or regulations relating to the Town of Falmouth, or the
Massachusetts Department of Environmental Protection) of any authorities shall be binding upon

the Service Provider throughout the pendency of this Contract. The Service Provider shall be
responsible for
8. Certificate of Insurance acceptable to the Town shall be filed with the Town prior to execution of
any contractual Agreement. These Certificates shall contain a provision that coverage afforded
under the policies will not be reduced or canceled unless at least fifteen (15) days prior written
notice has been given to the Town.
The Service Provider shall procure and maintain, at the Service Providers own expense, during the
Contract time, liability insurance as herein-after specified:
Service Provider's General Public Liability and Property Damage Insurance including vehicle
coverage issued to the Service Provider and protecting the Service Provider from all claims for
personal injury, including death, and all claims for destruction of or damage to property arising out
of or in connection with any operations under this Agreement. Insurance shall be written with a
limit of liability of not less than $1,000,000 for all damages arising out of bodily injury including
death, at any time resulting there-from, sustained by any one person in any accident; and a limit of
liability of not less than $1,000,000 aggregate for any such damages sustained by two or more
persons in any one accident.
9. The Service Provider shall procure and maintain, at the Service Provider's own expense, during the
duration of the Agreement, in accordance with the provisions of the Laws of the Commonwealth of
Massachusetts, G. L. Chapter 149, Section 34A, Workman's Compensation Insurance, including
occupational disease provisions, for all the Service Provider's employees, and in case any work is
sublet, the Service Provider shall require such sub-service provider similarly to provide Workman's
Compensation Insurance, including occupational disease provision for all of the latter's employees
unless such employees are covered by the protection offered by the Service Provider. In case any
class of employees engaged in hazardous work under this Agreement is not protected under the
Workman's Compensation Law, the Service Provider shall provide and shall use each sub-service
provider to provide adequate and suitable insurance for the protection of its employee not otherwise
protected.
Signature of the Service Provider is required on the Written Bid Form regarding the Non-Collusive
resolution which states: "The Service Provider certifies under the provisions of Chapter 701 of the
Acts of 1983 and under the penalties of perjury, that this Bid is in all respects bonafide, fair and
made without collusion or fraud with any other person". As used in this Section, the word "person"
shall mean any natural person, joint venture, partnership, corporation or other business or legal
entity.
A Performance and Payment Bond in the amount of One Hundred (100%) percent of the annual
contract price will be required for the faithful performance of the Contract. The Service Provider
shall obtain and submit the bond within ten (10) days after notification of the Bid award. The
successful Service Providers Bid Bond shall not be released until such time the Performance and
Labor and Materials Bonds have been posted. Within seven (7) working days of receipt of
acceptable Payment Bond and Agreement signed by the party to whom the Agreement was

awarded, the Town shall sign the Agreement and return to such party an executed duplicate of the
Agreement.
At the time of the opening of Bids, each Service Provider will be presumed to have read and to be
thoroughly familiar with the Contract Documents (including all addendum). The failure or omission
of any Service Provider to examine any form, instrument or document shall in no way relieve the
Service Provider from any obligation with respect to his Bid.
Each Service Provider shall acknowledge receipt of any and all the addendum issued to the
invitation for Bids by so indicating on the Bid Sheet. Failure to do so shall be cause to reject the Bid
as being non-responsive.
10. Each Service Provider must sign and submit the "Non-Collusive Resolution" "EEO/AA
Certification", and a "State Tax Certification Clause" with the Bid sheet.
As per regulations, the Service Provider shall give first priority to utilizing resources in the area
(Town of Falmouth).
11. The Service Provider shall comply with any and all requirements set out in the following:
* Notice to Service Providers
* Information to Service Providers/General Conditions
* Written Bid / Price Form
* EEO/AA Certificate
* Statement of Compliance
* Prevailing Wage Rates
* Agreement
The Service Provider must provide all necessary equipment to perform the required work in the time
allowed as per the terms of this Bid. The Service Provider shall furnish and pay the cost of all the
necessary materials and furnish and pay for all superintendence, labor, tools equipment and
transportation and perform all work required for and the restoration of the property in strict
accordance with this Contract, and any amendments thereto and such supplemental plans and
Specifications which may hereafter be approved.
12. The actual performance of work and superintendence shall be performed by the Service
Provider, but the Town shall, at all times, have access to the premises for the purpose of
observing or inspecting the work performed by the Service Provider. Town's approval to allow
the Service Provider to assign, sub-contract or sublet any portion or all of this work shall not
diminish or reduce Service Provider's responsibility to perform under this Contract. Service
Provider shall have full responsibility for all sub-service providers or assignments under this
Contract.
13. In the event the Town is dissatisfied with the progress or performance of the Work in
accordance with the Standard of Work or time of completion set forth in the Agreement, the
Town shall give the Service Provider or his representative written notice in which the Town
shall state the cause of dissatisfaction; provided however, no written notice or opportunity for

remedy shall be provided, if Town finds at any time that the Service Provider is violating any
major operating conditions established by Occupational Safety and Health Administration
(OSHA). Should the Service Provider fail to remedy the matters complained of within one (1)
day after the written notice is received by the Service Provider or his representatives, the Service
Provider shall be deemed in default of this Agreement, and shall be paid only for such work as
has been completed prior to default. In this case, the Town shall be entitled to automatically
terminate the Contract without notice if afore-said circumstances occurs.
14. In any case, where there is a matter of opinion concerning any portion of the Specifications, work
methods, work to be accomplished or any other matter concerning this Contract, the final decision
shall be that of the Town.
15. The Service Provider shall indemnify and save harmless the Town and the Town's agents and
employees from and against all losses and all claims, demands, payments suits, actions recoveries,
and judgments of every nature and description brought or recovered against them by reason of any
act or omission of the said Service Provider, its agent, or employees, in the execution of the work or
in guarding the same.
16. Service Provider shall not allow any other business interest or operation to interfere with or
diminish his ability to perform services required under this Contract with maximum efficiency.
17. All quantities are approximate and do not expressly or by implication agree that the actual quantities
will correspond therewith, but the Department reserves the right to increase or
decrease the quantity. An increase or decrease in the quantity for any item shall not be regarded as
cause for an increase or decrease in the prices.
Once the Service Provider has submitted his Bid, and said Bid is properly received by the Town for
consideration and comparison with other Bids similarly submitted, the Service Provider agrees that
he may not and will not withdraw it for a period of ninety (90) consecutive calendar days after the
actual date of the Bid submission.
18. Where applicable, all Bid prices shall include the cost of mobilization of equipment within the
boundaries of the Town of Falmouth and no extra payment will be made for such mobilization or
movement of equipment from job to job site.
The Town may waive any formalities or minor defects or reject any and all Bids. Any Bid may be
withdrawn prior to the above scheduled time for opening of Bids or authorized postponement
thereof. Any Bid received after the time and date specified shall not be considered. Should there be
reasons why the Contract cannot be awarded within the specified period, the time may be extended
by mutual agreement between the Town and the Service Provider.
19. Payroll Records, Labor, Maximum Hours of Employment. Every employee in public works shall
lodge, board and trade where and with whom he elects; and no persons or his agents or employees
under Contract with the Commonwealth, a county, city or town or with a department, board,
commission or officer acting therefore, for the doing of public work, shall directly or indirectly

require as a condition of employment therein, that the employee shall lodge, board or trade at a
particular place or with a particular person (Chapter 49, Section 25 of the MA General Laws).
Commissioner of Labor and Industries, public necessity so require (Chapter 149,Section 34 of the
General Laws, as no laborer, workman, mechanic, foreman or inspector working within this
Commonwealth, in the employee of the Service Provider, Sub-Service Provider or other persons
doing or contracting to do the whole or a part of the work contemplated by this Contract, shall be
required or permitted to work no more than eight (8) hours in any one day or no more than 48 hours
in any one week, or no more than six (6) days in any one week, except in cases of emergency, or in
case any town subject to Section 149 of the General Laws is a party to such a Contract, more than
eight (8) hours in any one day, except as aforesaid. The Department or the Contract or any Sub-
Service Provider may employ laborers, workmen, mechanics, foreman and inspectors for more than
eight (8) hours in any one day in the work to be done or under Contract when in the opinion of the
amended).
Attention of Service Providers is called to Section 148 of Chapter 149 of the General Laws and
Amendments thereof requiring the weekly payment of employees.
Upon request of the Engineer of the Massachusetts Department of Labor and Industries, the Service
Provider shall furnish certified copies of any or all payrolls for the Contract, showing the name,
address, and occupational classification of each employee on said works, and the hours worked by,
and the wages paid each such employee. Such payroll shall also include the rates paid for rented
trucks or rental equipment of any kind used on the work. This requirement shall also apply to the
work of any Sub-Service Provider having a Sub-contract for any of the work performed on the
project. Such records shall be kept in such manner as the Commissioner of Labor and Industries
shall prescribe, and shall be open to inspection by the Engineer or any authorized representative of
the Department of Labor and Industries at any reasonable time and as often as may be necessary. In
the case the work covered by this Contract is financed from Federal Funds the above provisions
relative to the hours of employment shall be subject to such revisions and amendment as are
required by the Rules and Regulations controlling the expenditures of such Federal Funds.
20. Compliance with Laws. The Service Provider shall keep himself fully informed of all existing and
future Federal, State, and Local Laws, ordinances, rules, and regulations affecting those engaged or
employed on the Work, the materials and equipment used in the Work or the conduct of the Work,
and of all orders, decrees and other requirements of bodies or tribunals having any jurisdiction or
authority over the same. If any discrepancy or inconsistency is discovered in the Drawings,
Specifications or other Contract Documents in relation to any such law, ordinance, rule, regulation,
order, decree or other requirement, the Service Provider shall forthwith report to the Administrator
in writing. The Service Provider shall at all times observe and comply with, and cause all his
agents, servants and employees to observe and comply with all such existing and future laws,
ordinances, rules, regulations, orders, decrees and other requirements and he shall protect,
indemnify and save harmless the Owners, its officers, agents, servants and employees from and
against any and all claims, demands, suits, liabilities, judgments, penalties, losses, damages, costs
and expenses, including attorney's fee, arising from or based upon any violation or claimed
violation of any such law, ordinance, rule, regulation, order, decree or other requirements, whether
committed by the Service Provider or any of his agents, servants, or employees.

21. Provisions Required by Law Deemed Inserted. Each and every provision of Law and clause
required by Law to be inserted in the Contract shall be deemed to be inserted herein, and the
Contract shall be read and enforced as though they were included herein. If through mistake or
otherwise any such provision is not inserted, or is not correctly inserted, then upon the application
of either party, the Contract shall forthwith be physically amended to make such insertion.
22. Massachusetts Sales and Use Tax. Materials and equipment purchased for permanent installation in
this project will be exempt from the Massachusetts Sales and Use Tax. The exemption certificate
number is E-046-001-148. Each Service Provider shall take this exemption into account in
calculating his Bid for the Work.
23. Method of Payment to Service Provider: The Town, so long as the Service Provider continues to
carry on the work, shall make monthly payments therefore as follows: Each month prior to the
completion of the work done to date of the estimate and thereupon the Town shall deduct such
estimate five percent (5%) thereof, and shall pay the balance of such estimate to the Service
Provider. Thirty (30) days after the satisfactory completion of the Work as determined by the
Highway Superintendent, the Town shall pay the Service Provider the final amount due and
remaining to be paid under this Contract, deducting from said amount and keeping for its own, any
expense incurred by the Town on account of defects, omissions or mistakes of the Service Provider
in his Work.
Provided, however, that no final payment shall be made until all liens and claims against the Town
and its officers, due to the work, are satisfied.
24. A contact person must be designated by the Service Provider upon award of the Contract who will
be accessible on a twenty-four-hour per day basis.
25. Wage Rates
Prevailing 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 Service Provider, before Bid
submission, to request if necessary, any additional information on Prevailing Wage Rates for those
trades people who may be employed for the proposed work under this Contract. The schedules of
prevailing wage rates are included in Section XI.
26. Guarantee
The Service Provider guarantees that the Work and Services to be performed under the Contract,
and all workmanship, materials, and equipment performed, furnished, used or installed of the same

shall be free from defects and flaws, and shall be performed and furnished in strict accordance with
the Contract documents, that the strength of all parts of all manufactured equipment shall be
adequate and as specified and that the performance test requirements of the Contract shall be
fulfilled. This guarantee shall be for a period of one year from and after the date of completion and
acceptance of the Work as stated in the final estimate. If part of the Work is accepted in accordance
with that sub-section of this AGREEMENT titled "Partial Acceptance", the guarantee for that part
of the Work shall be for a period of one (1) year from the date fixed for such acceptance.
If at any time within the said period of guarantee any part of the Work requires repairing,
correction, or replacement, the Owner may notify the Service Provider in writing to make the
required repairs, correction, or replacements. If the Service Provider neglects to commence making
such repairs, corrections, or replacements to the satisfaction of the Owner within ten (10) days from
the date of receipt of such notice, or having commenced fails to prosecute such Work with
diligence, the Owner may employ other persons to make said repairs, correction, or replacements,
including compensation for additional professional services, shall be paid by the Service Provider.
27. Boycott
The Service Provider shall not participate in or cooperate with an international boycott, as defined
in Section 999 (b) (3) and (4) of the Internal Revenue Code of 1954, as amended, or engage in
conduct declared to be unlawful by Section 2 of Chapter 151E of the Massachusetts General Laws.
28. Safety and Health Regulations
This project is subject to the Safety and Health regulations of the U.S. Department of Labor set forth
in 29 CFR, Part 1926, and to the Massachusetts Department of Labor and Industries, Division of
Industrial Safety "Rules and Regulations for the Prevention of Accidents in Construction
Operations" (Chapter 454 CMR 10.00 et seq.). Service Providers shall be familiar with the
requirements of these regulations.
The Successful Service Provider shall comply with the Department of Labor Safety and Health
Regulations for Construction promulgated under the Occupational Safety and Health Act of 1970
(PL-91-596) and under Section 107 of the Contract Work Hours and Safety Standards Act (PL-91-
54).
The Successful Service Provider shall have a competent person or persons, as required under the
Occupational Safety Health Act on the Site to inspect the Work and to supervise the conformance
of the Work with the regulations of the Act.
29. Laws and Regulations
Applicable provisions of Massachusetts General Laws and Regulations and/or the United States
Code and Code of Federal Regulations Govern this Contract and any provision violation of the
foregoing shall be deemed null, void and of no effect. Where conflict between Code of Federal
Regulations and State Laws and Regulations exist, the more stringent requirement shall apply.