1-8110 Roadway Construction Items FBD.pdf

Barnstable County Purchasing Department

INVITATION FOR BID

Road Construction Items and Materials

IFB #: 8110

Date: December 31, 2025

Barnstable County

Bid No. 8110

Roadway Construction Items and Materials

Table of Contents

Title Sheet ----------------------------------------------------------------------------------------------------- Pages 1

Table of Contents ------------------------------------------------------------------------------------------- Pages 1

Advertisement ----------------------------------------------------------------------------------------------- Pages 1

E-bidding Instructions --------------------------------------------------------------------------------- Pages 1 - 3

Notice to Contractors Submitting General Bids ------------------------------------------------ Pages 1 - 7

Form for General Bid------------------------------------------------------------------------------------Pages 1 – 6

Form for References-----------------------------------------------------------------------------------------Pages 1

Contract Form (Including General, Special Provisions & Prevailing Wage)---------- Pages 1 – 108

Appendix A – Commonly Used Forms ------------------------------------------------------------Pages 1 - 8

Barnstable County Regional Government of Cape Cod Purchasing Department Jennifer L.V. Frates, Chief Procurement Officer

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Barnstable County on behalf of the Towns in the County requests bids from qualified contractors for Road Construction Items and Materials per Bid No. 8110

The bid documents may be obtained electronically online at https://barnstablecounty.bonfirehub.com where they are publicly available as of December 31, 2025 at 8:00AM.

Bids are due January 28,2026, at 11:00AM. THIS PROJECTS IS BEING ELECTRONICALLY BID AND HARD COPY BIDS WILL NOT BE ACCEPTED. It is the bidder’s sole responsibility to familiarize themselves with the Bonfire Online Bid Submission Platform and the online bid submission process and requirements.

The County of Barnstable reserves the right to accept or reject any or all bids, to waive any informality contained therein, and to award the contract as decided to be in the best interest of the County.

All submissions for this project are subject to the provisions of Massachusetts General Laws, Chapter 30, 39M. Prevailing wages apply, where applicable. MassDOT Prequalification will be required on some items.

Awarding Authority reserves the right to extend the contract for one (1) additional 12 month option.

Valuation for purposes of MassDOT Prequalification is based on first year times two (2) to arrive at an estimated total value of all bid items. The estimated value provided in this Invitation to Bid is for one year. Vendors are expected to be able to provide their services over two (2) years at two (2) times the initial estimated value.

MassDOT prequalification of contractors will be required for various items as listed with the class of work and estimated value for each one on https://barnstablecounty.bonfirehub.com under the bid opportunity for IFB # 8110 – Road Construction Items and Materials.

The County of Barnstable fully complies with federal, state, and local laws and directives governing equal opportunity, affirmative action and non-discrimination in all county activities and actively solicits bids/proposals from MBE/WBE businesses in accordance with County policy.

Jennifer Frates Chief Procurement Officer https://barnstablecounty.bonfirehub.com/

Submission Instructions for Suppliers

Please follow these instructions to submit via our Public Portal.

1. Prepare your submission materials:

Requested Information

Name Type # Files Requirement Instructions

Signed Form for General Bid

File Type: PDF (.pdf) 1 Required

Bid Bond 5% File Type: PDF (.pdf) 1 Required

List of Subcontractors

File Type: PDF (.pdf) 1 Optional

8110 Road Construction Items and Materials (BT-

35AF)

BidTable: Excel (.xlsx) 1 Required

You will need to fill out the provided Response Template for this BidTable.

The Response Template can be downloaded from the project listing on the Bonfire portal.

References File Type: PDF (.pdf) Multiple Required

Commodity Codes

Commodity Set Commodity Code Title Description

UNSPSC 3012 Roads and landscape

UNSPSC 301215 Bituminous derivatives

UNSPSC 301216 Asphalts

UNSPSC 301217

Road and railroad construction materials

Requested Documents:

Please note the type and number of files allowed. The maximum upload file size is 1000 MB.

Please do not embed any documents within your uploaded files, as they will not be accessible or evaluated.

Requested BidTables:

The BidTable Response Templates can be obtained at https://barnstablecounty.bonfirehub.com/opportunities/209406.

Please note that BidTables may take a significant amount of time to prepare.

2. Upload your submission at:

https://barnstablecounty.bonfirehub.com/opportunities/209406

The Question period for this opportunity starts Dec 31, 2025 8:00 AM EST. The Question period for this opportunity ends Jan 21, 2026 5:00 PM EST. You will not be able to send messages after this time.

Your submission must be uploaded, submitted, and finalized prior to the Closing Time of Jan 28, 2026 11:00 AM EST. We strongly recommend that you give yourself sufficient time and at least ONE (1) day before Closing Time to begin the uploading process and to finalize your submission.

Important Notes:

Each item of Requested Information will only be visible after the Closing Time.

Uploading large documents may take significant time, depending on the size of the file(s) and your Internet connection speed.

You will receive an email confirmation receipt with a unique confirmation number once you finalize your submission.

Minimum system requirements: Microsoft Edge, Google Chrome, or Mozilla Firefox.

Javascript must be enabled. Browser cookies must be enabled.

Need Help?

Barnstable County, MA uses a Euna Procurement portal for accepting and evaluating proposals digitally. Please contact Euna Procurement at support.bonfire@eunasolutions.com for technical questions related to your submission. You can also visit their help forum at https://customer.eunasolutions.com/public/s/knowledge-base/bonfire-hub/vendor-submission-support mailto:support.bonfire@eunasolutions.com https://customer.eunasolutions.com/public/s/knowledge-base/bonfire-hub/vendor-submission-support https://customer.eunasolutions.com/public/s/knowledge-base/bonfire-hub/vendor-submission-support

NOTICE TO BIDDERS

1. Project Description/Scope of Work

2. Examination of Site & Documents

3. Sub-Contractors

4. Fair Employment Practices

5. Substitute Material and Equipment

6. Pre-Bid Meeting

7. Bid Response Instructions

8. Required Bid Response Date

9. Bid Security

10. Bid Signature

11. Official Date and Time

12. Time for Bid Acceptance

13. Modification or Withdrawal of Bids, Mistakes, and Minor Informalities

14. Bid Prices to Remain Firm

15. Questions and County POC

16. Changes & Addenda

17. References

18. Wages

19. References to General Laws

20. Cost of Preparation

21. County Tax Exemption

22. Political Activity Prohibited, Anti-Boycott Warranty

23. Contractor Compliance

24. Public Record Request

25. Bid Evaluation Process

26. Vendor Self Service (VSS) – Online Supplier Portal

27. Collective Purchasing https://barnstablecounty-my.sharepoint.com/wjaedtke_barnstablecounty_org/maintenance/IFB/Model%20IFB%20comments.doc#statute

IFB# 8110

Roadway Construction Items & Materials

Barnstable County on behalf of the Towns in the County requests bids from qualified contractors for Roadway Construction Items and Materials.

1. Project Description/Scope of Work

Bidders are to submit responses based upon the item specifications as outlined within “Special Provisions” All pricing should be inclusive all cost associated with providing services as specified.

ALL BIDS FOR THIS PROJECT ARE SUBJECT TO THE PROVISIONS OF MASS. GENERAL LAW CHAPTER 149

SECTION 44A-44J AS AMENDED.

The General Contractor shall provide all labor, materials, environmental notifications and permits, transportation and equipment required.

The Towns will require a Payment Bond in the amount of Fifty Percent (50%) on a project by project basis for any project over $25,000.

2. Examination of Site and Documents Before submitting a Bid, each Bidder must (a) examine the Contract Documents thoroughly, (b) visit the Towns or location to familiarize themselves with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, by laws, rules and regulations that may in any manner affect cost, progress or performance of the Work; and (d) study and carefully correlate Bidder's observations with the Contract Documents.

The submission of a Bid will constitute an incontrovertible representation by the Bidder that they have complied with every requirement of this Article and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work.

3. Sub Contractors If the General Conditions require the identity of certain Subcontractors and other persons and organizations to be submitted in advance of the Notice of Award, the apparent Successful Bidder, and any other Bidder so requested, will within seven days after the day of the Bid opening submit a list of all Subcontractors and other persons and organizations (including those who are to furnish the principal items of material and equipment) proposed for those portions of the Work as to which such identification is so required. Such list shall be accompanied by an experience statement with pertinent information as to similar projects and other evidence of qualification for each such Subcontractor, person and organization if requested. If, after due investigation, reasonable objection exists to any proposed Subcontractor, other person or organization, the apparent Successful Bidder will be requested to submit an acceptable substitute without an increase in Bid price.

If the apparent Successful Bidder declines to make any such substitution, the Contract shall not be awarded to such Bidder. Any Subcontractor, other person or organization so listed and for whom the County has no written objection is submitted prior to the giving of the Notice of Award will be deemed acceptable.

No Contractor shall be required to employ any Subcontractor, other person or organization against whom they has reasonable objection.

4. Fair Employment Practices.

During the performance of this project, the Bidder and all of their Subcontractors, for themselves , their assignees, and successors in interest, agree as follows: The Bidder, in the performance of all work during, after and prior to completion of work under this Agreement, will not discriminate on grounds of race, color, religious creed, national origin, age or sex in employment practices, in the selection or retention of subcontractors, or in the procurement of materials and rentals of equipment. (Fair Employment Practices law of the Commonwealth M.G.L. Chapter 151B.) The Bidder by signing this Agreement agrees to abide by the above paragraph to the best of their ability.

5. Substitute Material and Equipment.

The Contract, if awarded, will be on the basis of material and equipment described/specified in the Contract Specifications. Whenever it is indicated in the Contract Specifications that a substitute or "approved equivalent" item of material or equipment may be furnished or used by Contractor if acceptable, application for such acceptance will not be considered by the County until after the "effective date of the Agreement".

6. Pre-Bid Meeting A pre-bid meeting has not been schedule for this IFB.

7. Bid Response Instructions All bid responses will be received online prior to the date and time specified below for the project titled IFB # 8110: Roadway Construction Items & Materials to the Bonfire Online Bidding Tool which can be accessed online at https://barnstablecounty.bonfirehub.com All required documents must be submitted in the format specified, all fields must be completed as specified and the documents must be submitted to the correct project folder in order for the bid response to be complete. Hard copy bid responses will not be accepted. It is the bidder’s sole responsibility to familiarize themselves with the Bonfire Online Bid Submission Platform and the online bid submission process and requirements.

8. Required Bid Response Date

Vendors who wish to be considered for this project should submit their bids per the instructions above to the County prior to the date and time specified below.

Bids are due on or before 11:00 AM on January 28, 2026. No late bids will be accepted.

Bids will be opened publicly online immediately after the bid closes through Microsoft Teams. A link is provided in the Bonfire Submission Instructions for any member of the public who would like to join.

9. Bid Security Bid Security shall be made payable to the County in an amount of five percent (5%) of the Bidder's maximum Bid price and in the form of a Bid Bond.

The Bid Security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required Contract Security (Payment & Performance Bonds, when required) and Insurance Binders, where upon it will be returned; if the Successful Bidder fails to execute and deliver the Agreement and furnish the required documents within five (5) working days of the Notice of Award, the County may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of any Bidder whom the County believes to have a reasonable chance of receiving the award may be retained by the County until the earlier of the seventh (7th) day after the "effective date of the Agreement" (which term is defined in the General Conditions) by the County to Contractor and the required Contract Security is furnished or the sixty first (61st) day after the Bid opening. Bid Security of other Bidders will be returned within seven (7) days of the Bid opening.

10. Bid Signature A bid must be signed as follows: 1) if the bidder is an individual, by her/him personally; 2) if the bidder is a partnership, by the name of the partnership, followed by the signature of each general partner; and 3) if the bidder is a corporation, by the authorized officer, whose signature must be attested to by the clerk/secretary of the corporation, and with the corporate seal affixed.

11. Official Date & Time

A bid will not be considered delivered unless the bid has been received online by the Bonfire Online Bidding Tool (in the correct project) which can be accessed at https://barnstablecounty.bonfirehub.com prior to the date and time specified in the documents. The official date and time shall be the date and time shown online at https://barnstablecounty.bonfirehub.com

12. Time for Bid Acceptance The contract will be awarded within 30 days after the bid opening.

13. Modification or Withdrawal of Bids, Mistakes, and Minor Informalities Any bids may be withdrawn or modified prior to the date and time stated in the bid for the opening of bids. Such withdrawal or modification must be done by the bidder online through the Bonfire Online Bidding Tool.

After the bid opening, a Bidder may not change any provision of the bid in a manner prejudicial to the interests of the County for fair competition. Minor informalities will be waived or the Bidder will be allowed to correct them. If a mistake and the intended bid are clearly evident on the face of the bid document, the mistake will be corrected to reflect the intended correct bid, and the Bidder will be notified in writing; the Bidder may not withdraw the bid. A Bidder may withdraw a bid if a mistake is clearly evident on the face of the bid document, but the intended correct bid is not similarly evident.

If this bid is received electronically, Bidders are solely responsible for obtaining and completing required attachments that are identified in this bid and for checking for any addenda or modifications that are subsequently made to this bid or attachments. Barnstable County accepts no liability and will provide no accommodation to Bidders who fail to check for amended bids and submit inadequate or incorrect responses.

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.

https://barnstablecounty-my.sharepoint.com/wjaedtke_barnstablecounty_org/maintenance/IFB/Model%20IFB%20comments.doc#statute

14. Bid Prices to Remain Firm All bid prices submitted in response to this bid must remain firm for 60 days following the bid opening.

15. Questions and County POC

No interpretation of the meaning of the plans, specifications or other pre-bid documents will be made to any bidder orally. All information given to bidders other than by means of the plans, specifications, or by addenda, as described below, is given informally and shall not be used as the basis of a claim against the Owner.

Any clarification of requirements or requests for additional information by proposers must be made in writing to the Bonfire Public Q&A https://barnstablecounty.bonfirehub.com and submitted no later than the deadline as referenced in the Submission instructions. Answers to all questions will be made in writing and posted online as an addendum to the IFB # 8110: Roadway Construction Items & Materials on the bid website as an attachment under the bid information: https://barnstablecounty.bonfirehub.com

Vendors with multiple questions shall submit up to 10,000 words in a single post within the Public Q&A section of Bonfire.

16. Changes & Addenda

Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the Contract Documents.

17. References Provide the contact information (entity name, contact name, title, phone number & email address) for three client references on projects of similar type, scale, and complexity.

18. Wages All bids for this project are subject to the provisions of either or both Mass. G. L., Chapter 30, Section 39M as amended and/or Mass. G. L. Chapter 149, Section 44A - 44J inclusive as amended. Attention is directed to the minimum wage rates to be paid on the work as determined by the Commissioner of Labor and Industries under the provisions of Mass. G. L. Chapter 149, Section 26 - 27D inclusive. The Awarding Authority reserves the right to waive any informality in or to reject any and all bids if the Awarding Authority determines it is in the public interest so to do.

Please note prevailing wages do not apply to materials Item numbers 200 – 218

19. Reference to General Laws Whenever in the bid, contract, plans, drawings or specifications, reference is made to General Laws it shall be construed to include all amendments thereto effective as of the date of issue of invitation to bid on the proposed work.

20. Cost of Preparation The cost of preparation and delivery of the bids will be borne solely by the Vendor.

21. County Tax Exemption

Any material furnished to Barnstable County is to be exempt from Massachusetts Sales Tax (Massachusetts Sales Tax Exemption No. E-04-6001419).

22. Political Activity Prohibited, Anti-Boycott Warranty The Contractor may not use any Contract funds and none of the services to be provided by the Contractor may be used for any partisan political activity or to further the election or defeat of any candidate for public office. During the term of this Contract, neither the Contractor nor any controlled group, within the meaning of s.993 (a) (3) of the Internal Revenue Code, as amended, shall participate in or cooperate with any international boycott, as defined in s.999 (b) (3) and (4) of the Internal Revenue Code of 1954, as amended;

nor shall either engage in conduct declared to be unlawful by M.G.L. c.151Es.2.

23. Contractor Compliance The successful Contractor must comply with provisions of The Copeland Anti-Kickback Act (18 USC 874) as supplemented in Department of Labor 29 CFR Part 3, the Davis-Bacon Act (40 USC 276a et.seq.), Sections 103 and 107 of the contract Work Hours and Safety Standard Act (50 USC 327-330) as supplemented by Department of Labor Regulation 29 CFR Part 5, and the Clean Air Act of 1970 (42 USC 1857, et.seq.) to the extent that they are applicable.

24. Public Record Request

All bids received are subject to Massachusetts General Laws Chapter 4, Section 7, Section 26 and Chapter 66, Section 10 regarding public access to such documents. Statements or endorsements inconsistent with those statues will be disregarded.

25. Selection and Notice The awarding authority may cancel an invitation for bids, a request for bids, or other solicitation, or may reject in whole or in part any and all bids or bids when the awarding authority determines that cancellation or rejection serves the best interests of the County of Barnstable.

Basis for Acceptance:

Any bid made will be accepted only on the basis that the Bidder represents that it is made in good faith without fraud, collusion or connection of any kind with any other Bidder for the same work;

that the Bidder is competing solely in its own behalf without connection with, or obligation to, any undisclosed person, firm or corporation; that no other person, firm or corporation has any interest in the contract; that no officer, agent or employee of the County is financially interested in the contract; that the Bidder is fully informed in regard to all provisions of the Contract Documents, including, without limitation, the specifications and drawings, if any; the damages, bonds and insurance, if any. The awarding of the contract is subject to the approval of the Barnstable County Commissioners.

Rule for Award:

Bid selection will be by each item and will be based on the lowest, qualified, responsible, and responsive bid for each item for each Town. Any exception is noted on the General Bid Form for items that are grouped or if items are awarded to the two lowest.

Contract Award:

The Chief Procurement Officer shall award the contract by written notice to the selected Bidder within 30 days of the IFB deadline. The parties may extend the time for acceptance by mutual agreement. In accordance with M.G.L. c.30B, the awarding of the contract is subject to the approval of the Barnstable County Commissioners.

26. Vendor Self Service (VSS) – Online Supplier Portal

For Vendors doing business with the Departments within the County Regional Government, Vendor Self Service (VSS) is available to enter and maintain contact and remittance information, discount and payment terms, designated contact persons, view current and prior 1099 data, purchase orders, invoices and checks.

Vendors are encouraged to visit: https://selfservice.capecod.gov/vss to register and click Vendor Self Service. Instructions are available on the landing page to help with the registration.

If you have done business with the County before, please be sure to have your vendor number and register as an existing vendor.

If you need your login information or have general questions, please email accounts.payable@capecod.gov, purchasing questions, please email purchasing@capecod.gov and banking information questions, please email treasury@capecod.gov

Registration process takes 1-5 business days to finalize upon receipt of a completed, correct and signed W-

9. For a blank W-9 form, visit IRS Website for the most recent version.

27. Collective Purchasing In the event that the County is the lead agency in the procurement of goods and services on behalf of the Towns in Barnstable County and Political Subdivisions listed in Attachment A, the following shall apply:

A. Participating Entities: Reserve the right to reject their portion of the bid, waive any informalities.

Towns and Agencies not included in the bid and/or award will not be allowed to “piggyback” on this procurement.

B. Contractual Terms and Conditions: A Barnstable County contract for services will be executed as part of this procurement process.

Termination of a contract or services by any municipality shall not invalidate or alter the terms of a contract or services with any other municipality.

Some Towns or suppliers may require entering into their own specific agreements in addition to the execution of the County contract. Please note that the terms and conditions of these additional agreements shall not supersede the County contract terms and conditions. Participants are encouraged to submit these documents to their legal counsel for review.

C. Supplier Disputes: Participating entities are to attempt to resolve any matters directly with the Supplier with no involvement from the County. Only in the event of an unresolved dispute will the County attempt to settle the issue if they pertain to the services provided in the subject contract.

END OF IFB

https://selfservice.capecod.gov/vss mailto:accounts.payable@barnstablecounty.org mailto:purchasing@barnstablecounty.org mailto:treasury@barnstablecounty.org

GENERAL BID FORM

FORM FOR GENERAL BID

The undersigned also hereby certify under the penalties of perjury that they are the only persons interested in this proposal; that it is made without any connection with any other person making any bid for the same work; that no person acting for, or employed by, Barnstable County is directly or indirectly interested in this proposal, or in any contract which be made under it, or in expected profits to arise therefrom; and without directly or indirectly influencing or attempting to influence any other person or corporation to bid or to refrain from bidding or to influence the amount of the bid of any other person or corporation; and that this proposal is made in good faith without collusion or connection with any other person bidding for the same work; and that this proposal is made with distinct reference and relation to the plans and specifications prepared for this contract and herein mentioned. The undersigned further declare that in regard to the conditions affecting the work to be done and the labor and materials needed, this proposal is based solely on their own investigation and research and not in reliance upon any representation of any employee, officer or agent of Barnstable County.

Any proposals may be withdrawn or modified prior to the date and time stated in the proposal for the opening of proposals. Such withdrawal or modification must be done by the bidder online through the Bonfire Online Bidding Tool.

After the bid opening, a bidder may not change any provision of the bid in a manner prejudicial to the interests of the County for fair competition. Minor informalities will be waived or the bidder will be allowed to correct them.

If a mistake and the intended bid are clearly evident on the face of the bid document, the mistake will be corrected to reflect the intended correct bid, and the bidder will be notified in writing; the bidder may not withdraw the bid.

A bidder may withdraw a bid if a mistake is clearly evident on the face of the bid document, but the intended correct bid is not similarly evident.

If this bid is received electronically, bidders are solely responsible for obtaining and completing required attachments that are identified in this bid and for checking for any addenda or modifications that are subsequently made to this bid or attachments. Barnstable County accepts no liability and will provide no accommodation to bidders who fail to check for amended bids and submit inadequate or incorrect responses.

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.

Name of General Bidder: ______________________________________________________________

PROJECT NO. 8110

Each Town has provided estimated quantities for each bid item that it presently intends to order. These estimated quantities are for bid purposes only and cannot be guaranteed. The estimated amounts are also a total aggregate which the town intends to use during the contract period and the bidder should familiarize themselves with the minimum job quantities defined in the individual specifications for each item.

THIS BID IS SUBMITTED TO:

(Name and Address Office of the County Commissioners of Owner) Superior Court House P.O. Box 427 Barnstable, Massachusetts 02630

A. The undersigned proposes to furnish all labor and materials required for IFB #8110 Roadway

Construction Items and Materials in accordance with the accompanying plans and specifications by Barnstable County.

B. The undersigned BIDDER proposes and agrees, if the Bid is accepted to enter into an Agreement with the County, to complete all Work as specified or indicated in the Contract Documents for the Contract Unit Prices during the contract period of April 1, 2026 to March 31, 2027 with one, one year option to renew.

C. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that the BIDDER has examined copies of all the Contract Documents and of the following addenda:

Bidder acknowledges addenda numbered __________________________________________

D. Bidders are to complete the Bid Table provided in the Bonfire Online Bidding Tool.

E. Bid comparison will be based on each item unit price provided for each Town. Bidders may bid on any or all items for any or all Towns listed. Bid selection will be by each item by Town and will be based on the lowest, qualified, responsible, and responsive bid for each item for each Town.

F. It is the intent to award a contract to the two (2) lowest, qualified, responsible, and responsive bidders for Item Numbers: 1- 7, 18 and 19.

It is the intent to award a contract to the two (2) lowest, qualified, responsible, and responsive bidders for Bid Items 115 to 122.

It is the intent to group items 100-107A together and award to one vendor.

It is the intent to award Item 200 based on the shortest distance and cost.

The undersigned BIDDER proposes and agrees, if the Bid is accepted to enter into an Agreement with the County, to complete all Work as specified or indicated in the Contract Documents.

BIDDER accepts all the terms and conditions of the Notice to Bidders. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of 30 days, Saturdays, Sundays and legal holidays excluded, after the opening of bids.

BIDDER will sign the Agreement and submit other documents (e.g. Bonds, Insurance Binders) required by the Contract Documents within ten (10) working days after the date of the County’s Notice of Award.

BIDDER will complete all the Work assigned for the lump sum price listed in the Bid Form.

Bid selected will be awarded to the qualified, responsive and responsible Bidder, offering the lowest price.

The undersigned also certifies: that they are able to furnish labor that can work in harmony with all other elements of labor employed or to be employed in the work; and, that all employees at the worksite will have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health Administration that is at least 10 hours in duration at the time the employee begins work and who shall furnish documentation of successful completion of said course with the first certified payroll report for each employee.

The undersigned further certifies under the penalties of perjury that this bid is in all respects bona fide, fair and made without collusion or fraud with any other person. As used in this subsection the word "person'' shall mean any natural person, joint venture, partnership, corporation or other business or legal entity. The undersigned further certifies under penalty of perjury that the said undersigned is not presently debarred from doing public construction work in the Commonwealth under the provisions of section twenty-nine F of chapter twenty-nine, or any other applicable debarment provisions of any other chapter of the General Laws or any rule or regulation promulgated there under.

Should the notice to contractors, bid form, contract, plans or specifications require submission of special data to accompany the bid, the Awarding Authority reserves the right to rule the bidders failure to submit such data an informality and to receive said data subsequently, within a reasonable time as set by the Awarding Authority.

Project No. 8110

Date___________________

(Name of General Bidder)

By_________________________________ (Name of Person Signing Bid and Title)

The following information is furnished by the bidder for the information of the County.

If a Corporation:

Incorporated in what State ______________________________________

President _______________________________ Treasurer_________________________

Secretary_______________________________

If a foreign corporation, are you registered to do business in Mass.? Yes _______ No _______

If selected for this work you are required under Mass. G.L. C30 S39L to obtain from the Secretary of State, Foreign Corp. Section, State House, Boston, a certificate stating that your corporation is registered: and furnish said certificate to the awarding authority prior to the award.

If a Partnership: (Name all partners)

Name of partner _________________________ Residence__________________________

Name of partner _________________________ Residence__________________________

If an Individual:

Name _________________________________ Residence__________________________

If an Individual doing business under a firm name:

Name of firm_________________________________________________________________

Business Address_____________________________________________________________

Name of Individual______________________ Residence__________________________

CERTIFICATE OF COMPLIANCE WITH STATE TAX LAWS AND

WITH UNEMPLOYMENT COMPENSATION CONTRIBUTION REQUIREMENTS

Pursuant to M.G.L., Ch. 62C, s. 49A and M.G.L. Ch. 151A, s. 1 9A, I, ____________________authorized signatory for __________________________________________whose principal place of business is at

_____________________________________________do hereby certify under penalties of perjury that

_______________________________has filed all state tax returns and paid all taxes as required by law and has complied with all state laws pertaining to contributions to the unemployment compensation fund and to payments in lieu of contributions.

The Business Organization Federal Identification Number or Social Security Number is______________

Signed under the penalties of perjury the_____________ day of_________________20______

Signature:___________________________________________________

Name and Title:______________________________________________

If a corporation, complete below or attach to each signed copy of a Contract a notarized copy of vote of corporation authorizing the signatory to sign this Contract. If attesting clerk is same as individual executing

Contract have signature notarized below.

At a duly authorized meeting of the Board of Directors of the _____________________________ (Name of Corporation) held on ________________________________at which all the Directors were present or waived notice, (Date) it was VOTED That, (Name) (Officer) of this company be and hereby is authorized to execute Contract and bonds in the name and behalf of said company, and affix its corporate seal thereto, and such execution of and Contract or obligation in this company's name on its behalf by such _________________________________of the company, (Officer) shall be valid and binding upon this company.

I hereby certify that I am the Clerk of the___________________________________________________

_________________________ that ________________________________________ is duly elected

_________________________of said company, and that the above has not been amended or rescinded (Officer) and remains in full force and effect as of the date of this Contract.

a true copy, ATTEST __________________________

Clerk

Place Of Business _____________________ Corporate _____________________Seal

SWORN TO AND SUBSCRIBED BEFORE ME THIS ___________DAY OF _______________, 20 ____

NOTARY PUBLIC

REFERENCE FORM

Bidder:_____________________________________________

Bidder must provide references for:

Bidder must submit a list of jobs performed in the past two (2) years that are similar in size and scope to this project, with contact names and telephone numbers.

Reference:________________________________ Contact:____________________ Address:___________________________________ Phone:____________________ __________________________________________ Fax:_____________________ Description and date(s) of supplies or services provided:________________________

Reference:________________________________ Contact:____________________ Address:___________________________________ Phone:____________________ __________________________________________ Fax:______________________ Description and date(s) of supplies or services provided:________________________

Reference:________________________________ Contact:____________________ Address:___________________________________ Phone:____________________ __________________________________________ Fax:______________________ Description and date(s) of supplies or services provided:________________________ attach additional sheets if necessary

BARNSTABLE COUNTY

This agreement, made this ________________day of _____________ 20____ between Barnstable

County hereinafter called the County, and _______________________________________________ a corporation, partnership, individual organized under the laws of the state of ____________________ and having a usual place of business in ____________________________________________________ in the county of _______________________________ hereinafter called the Contractor.

Witnesseth, That the parties to this agreement, each in consideration of the agreements on the part of the other herein contained, do hereby agree, the County

____________________________________________________(authorized agent of general Contractor) for _____________________________________________________________(general Contractor) and

________________________________heirs, executors, administrators, successors assigns, as follows:

General Conditions

ARTICLE 1 – DEFINITION OF TERMS

ARTICLE 2 – CONTRACT DOCUMENTS, INTENT, AMENDING, AND REUSE

ARTICLE 3 – CONTRACTOR’S LIABILITY INSURANCE

ARTICLE 4 – CONTRACTOR’S RESPONSIBILITIES

ARTICLE 5 – UNIT PRICE WORK

ARTICLE 6 – WARRANTY AND GUARANTEE; TESTS AND INSPECTION;

CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK

ARTICLE 7 – PAYMENT BONDS

ARTICLE 8 – EFFECTIVE DATE

ARTICLE 9 – CHANGES IN THE WORK

ARTICLE 10 – ENGINEER ______________ _______

ARTICLE 11 – WAGE RATES

ARTICLE 12 – TERMINATION OF CONTRACT

ARTICLE 13 – MISCELLANEOUS

ARTICLE I - DEFINITIONS OF TERMS

1. County means the County of Barnstable, MA through the County Commissioners.

2. Successful Bidder means the lowest, qualified, responsible, and responsive Bidder to whom the County makes an award.

3. Owner means the following entities/municipalities participating in this contract in Massachusetts: Barnstable, Brewster, Dennis, Eastham, Falmouth, Harwich, Orleans, Sandwich, Wellfleet and Yarmouth.

4. Town means the individual town identified in the “Owner”

5. Designer, Architect, Engineer or any pronoun or phrase in place thereof: N/A Designer(s) shall perform the duties and exercise the rights herein conferred. In the case of death, resignation, inability or refusal of said Designer to act, or the termination of his employment, the County may appoint another person as Designer of which notice shall be given in writing to the Contractor, which person shall perform all the duties and exercise all the rights of the Designer hereunder.

6. Contractor or General Contractor or a pronoun in place of it: the party or parties Contracting to perform the work covered by this Contract or the legal representatives of said party or parties.

7. Superintendent or Construction Supervisor or a pronoun in place of it: the competent, responsible employee regularly employed by the Contractor and designated to be in full time attendance at the project site throughout the prosecution and progress of the work and who shall have complete authority to act for the Contractor.

8. As Directed, As Permitted, As Required, As Determined or words of like effect: the direction, permission, requirement or determination of the Designer. Similarly, approved, acceptable, satisfactory or words of like import shall mean approved by or acceptable or satisfactory to the Designer, except as may be otherwise determined by the Director.

9. Or equal or words of like import: equal in the opinion of the Designer except as may be otherwise determined by the County pursuant to the provisions of G.L. Chapter 30, section 39M.

10. Contract Documents or Contract: the Notice to Contractors, Information to Bidders, Form of General Bid, Contract, General Conditions, Specifications and Plans and all addenda issued during the bidding period, change orders and policies and procedures of the County attached hereto or referred to, all of which constitute one instrument.

11. Mass State Building Code: all applicable rules and regulations to which the County is subject and which are contained in the code authorized by Chapter 802 of the Acts of 1972 including all amendments thereto.

12. Plan(s):drawing(s).

13. Change Order: a written order not requiring the consent of the Contractor, signed by the Awarding Authority or the Director and designated as an approved change order, directing the Contractor to make changes in the work within the general scope of the Contract, or, any written or oral order from the Awarding Authority or the Director which causes any change in the work, provided that the Contractor gives the County written notice stating the date, circumstances, and source of the order and that the Contractor regards the order as a change order.

14. Contract Modification: any written alteration in plans or specifications, period of performance, price, quantity, or any other provisions of the Contract accomplished by mutual action of the parties to the Contract.

Where reference is made in the Contract documents to Publications, Standards or Codes issued by Associations or Societies, the intent shall be to specify the current edition of such publication or standard including revision in effect on the date of the Contract advertisement notwithstanding any reference to a particular date.

ARTICLE 2 – CONTRACT DOCUMENTS, INTENT, AMENDING, AND REUSE

D TO ADD SOMEWHERE FROM ty issuing of Intent:

2.1 The Contract Documents comprise the entire Agreement between the COUNTY and CONTRACTOR concerning the Work. The Contract Documents are complementary: what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project.

2.2 It is the intent of the Contract Documents to describe a functionally complete Project or Service (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result will be supplied whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe Work, materials or equipment such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of the County, the Towns or CONTRACTOR, or any of their agents or employees from those set forth in the Contract Documents, nor the Notice to Proceed.

ARTICLE 3 CONTRACTOR’S LIABILITY INSURANCE

3.1 CONTRACTOR shall purchase and maintain such comprehensive general liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR’S performance and furnishing of the Work and CONTRACTOR’S other obligations under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR, by any Subcontractor, by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable:

3.1.1 Claims under workers’ or workmen’s compensation, disability benefits and other similar employee benefit acts;

3.1.2 Claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR’S employees;

3.1.3 Claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR’S employees;

3.1.4 Claims for damages insured by personal injury liability coverage which are sustained (a) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (b) by any other person for any other reason;

3.1.5 Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom;

3.1.6 Claims arising out of operation of Laws or Regulations for damages because of bodily injury or death of any person or for damage to property; and

3.1.7 Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle.

The insurance required above shall include the specific coverages and be written for not less than the limits of liability and coverages provided as follows:

1. Workmen’s Compensation: In accordance with the Workmen’s Compensation Laws that are applicable to the employees engaged in the Work. The limit of Employer’s Liability Insurance shall be not less than $500,000 each accident.

2. Public Liability Insurance for Personal Injury:

a. Individual limit of $1,000,000 each person.

b. Total limit of $ 3,000,000 for each accident.

3. Property Damage Insurance:

a. Each claim $ 1,000,000.

b. Aggregate $ 3,000,000.

4. If the CONTRACTOR sublets any portion of his work, then he shall also provide:

a. Contractor’s Protective Liability Insurance:

(1) Individual limit for personal injury of $1,000,000.

(2) Total limit for personal injury for one accident of $3,000,000.

b. Contractor’s Protective Property Damage Insurance with a limit of $1,000,000/$3,000,000.

Any Subcontractor under contract with CONTRACTOR to perform Work on the Project shall hold the County, the Towns and agents harmless, and purchase and maintain such comprehensive general liability and other insurance as will provide protection from claims set forth herein.

The County and the Towns shall be specifically named as additional insureds on all required insurance policies of the CONTRACTOR and any Subcontractors.

In addition, CONTRACTOR shall maintain such completed operations insurance for at least one year after final payment and furnish the County with evidence of continuation of such insurance at final payment.

ARTICLE 4 – CONTRACTOR’S RESPONSIBILITIES

Supervision and Superintendence:

4.1 CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or selection of a specific means, method, technique, sequence or procedure of construction which is indicated in and required by the Contract Documents. CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract Documents.

Labor, Materials and Equipment

4.2 CONTRACTOR shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except in connection with the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours, and CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday or any legal holiday without the County or Owner’s written consent.

4.3 All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. If required by the County or a Owner, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable Supplier.

Laws and Regulations

4.4 CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work.