Project Manual and Specifications

Town Pier Repairs & Improvements

Town of Nantucket, MA

Invitation for Bid

September, 2026

BID OPENING DATE

October 29, 2026

12:00 P.M. LOCAL TIME

15 Creek Road Marion, MA 02738

Tel No. (508) 748-0937

Pier Repairs & Improvements

Nantucket, Massachusetts

TABLE OF CONTENTS

DIVISION 00 – PROCUREMENT AND CONTRACTING REQUIREMENTS

00 11 13 Invitation for Bids

00 21 13 Instructions to Bidders

00 41 13 Form of General Bid

00 45 01 Certificate of Non-Collusion

00 45 02 Tax Compliance Certification

00 45 03 Certification of Corporation to Sign Agreement

00 50 00 Draft Agreement

00 61 13 Performance Bond

00 61 14 Payment Bond

DIVISION 01 – GENERAL REQUIREMENTS

01 00 00 General and Special Conditions

01 22 00 Measurement and Payment

01 33 00 Submittal Procedures

01 35 43 Environmental Procedures

01 50 00 Temporary Facilities and Controls

01 80 00 Plant and Equipment

01 90 00 General Safety Requirements

DIVISION 02 – EXISTING CONDITIONS

02 41 19 Selective Structure Demolition

DIVISION 05 – METALS

05 12 00 Structural Steel

DIVISION 06 – WOOD, PLASTICS, AND COMPOSITES

06 13 33 Timber Construction

ATTACHMENTS

Attachment 1 Massachusetts Prevailing Wage Rates

Attachment 2 Environmental Permits

2A Order of Conditions, Nantucket Conservation Commission, DEP File

Nos. SE48-3332 and SE48-2798 (Massachusetts Department of

Environmental Protection)

2B Chapter 91 Waterways Licenses, License Nos. 117, 8795, 14033, and

15285 (Massachusetts Department of Environmental Protection)

2C General Permit No. NAE-2015-00386 (Department of the Army, U.S.

Army Corps of Engineers, New England District)

Attachment 3 Historical Boring Data

DRAWINGS

G-001 Tile and Index Sheet

G-002 Project Notes Sheet 1 of 2

G-003 Project Notes Sheet 2 of 2

C-101 Existing Conditions & Repair Plan

C-102 Timber Breakwater Repair Plan & Section

C-103 Proposed Floating Dock Replacement Plan & Details

S-101 Existing Sections & Details (Typ.)

September 10, 2026 00 11 13 - 1

INVITATION FOR BIDS

INVITATION FOR BIDS

TOWN OF NANTUCKET

NANTUCKET TOWN PIER REPAIRS

The Town of Nantucket, Massachusetts, the Awarding Authority, invites sealed bids for various improvements and repairs at the Town Pier located at 34 Washington St., Nantucket, MA 02554, in accordance with the Contract Documents.

General Bidders may obtain complete sets of the Bidding Documents, including Bid Forms, online at https://procurement.opengov.com/portal/nantucket, for a downloadable set of the Bidding Documents.

Addenda, if any, will be issued online. Any contract regarding this bid must be approved by the Town of Nantucket, and the Town reserves the right to reject any and all proposals if it is in its best interest to do so. Questions about the above may be directed to Robin Dugan, Office Administrator, only through email at: rdugan@police.Nantucket-MA.gov, up until October 23, 2026, at 5:00 P.M.

A non-mandatory Pre-bid meeting and Site Tour will be held at the Project Site located at 34 Washington St., Nantucket, MA 02554 on October 1, 2026, at 11:00 A.M.

Bids are due electronically on OCTOBER 29, 2026, at 12:00 PM, via the Town of Nantucket e-Procurement Portal at https://procurement.opengov.com/portal/nantucket. Electronic bids will be received up to due date and time after which they will be opened at the Nantucket Police Department Administrative Office, 2nd Floor, 4 Fairgrounds Road, Nantucket, MA 02554.

Each Bid must have a bid security consisting of a BID BOND, CASH, or CERTIFIED CHECK issued by a responsible bank or trust company in the amount of 5% of the bid price. Original bid deposits must be received by the Town of Nantucket Police Department, ATTN: Robin Dugan, 4 Fairgrounds Road, Nantucket, MA 02554 within five (5) business days of the October 29, 2026 bid opening. Please include bidders name on the envelope.

Electronic bids shall be submitted by the vendor completing all required information requested by the Awarding Authority and submitted in accordance with the electronic bidding procedures of the Town.

All bids for this project are subject to applicable public bidding laws of Massachusetts, including, but not limited to G.L. c.149, §44A(2)(C) and c.30, §39M.

Contract award by the Town of Nantucket is contingent upon available funding.

http://www.nantucket-ma.gov/199/Procurement http://www.nantucket-ma.gov/199/Procurement mailto:rdugan@police.Nantucket-MA.gov http://www.nantucket-ma.gov/199/Procurement

September 10, 2026 00 21 13 - 1

INSTRUCTIONS TO BIDDERS

SECTION 00 21 13

1. Receipt and Opening of Bids

The Town of Nantucket, Massachusetts, herein called the Owner, will receive sealed Bids for various improvements and repairs at the Town Pier located at 34 Washington Street, Nantucket, MA 02554.

This Project is subject to M.G.L. C. 149, §44A-44H and c.30, §39M, the provisions of which are incorporated herein by reference and shall control in the event of any conflict among these provisions and the provisions of the bid documents. It is the responsibility of every bidder and sub-bidder to know the requirements of M.G.L.c.149 §44A-44H and c.30, §39M, Electronic bids shall be submitted at https://procurement.opengov.com/portal/nantucket by the vendor completing all required information requested by the Awarding Authority and submitted in accordance with the electronic bidding procedures of the Town.

Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified will not be considered. 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.

2. Location and Work to be Done

The Work consists of furnishing all labor, equipment, hardware and materials for repairs at the Town

Pier located at 34 Washington Street in Nantucket Harbor, Nantucket, MA and as more specifically described in the attached contract drawings and specifications.

Additional drawings showing details in accordance with which the Work is to be done may be furnished by Addendum from time to time during the bidding period by the Owner or its

Architect/Engineer and shall then become part of the Contract Documents.

The Contractor shall provide all labor, services, materials, equipment, plant, machinery, apparatus, appliances, tools, supplies, and all other things necessary to do all work required for the completion of each item of the Work and as herein specified.

The Work to be done and paid for under any item shall not be limited to the exact extent mentioned or described but shall include all incidental work necessary or customarily done for the completion of that item.

3. Preparation of Bid

Each bid must be submitted on the prescribed on-line forms in the requested format and must be submitted at https://procurement.opengov.com/portal/nantucket.

4. Bid Opening Procedure

The following list of requirements shall apply to each bid. Bids not meeting all the requirements for timeliness and security may be rejected. Bids shall be filed at the place and before the time specified in Receipt and Opening of Bids, above.

All modifications to the bid documents will be issued electronically on the Town procurement web site via an addendum. All registered plan holders will be electronically notified when addenda are issued. Hard copies of the addenda will not be forwarded to the plan holders.

September 10, 2026 00 21 13 - 2

The total dollar amount of each bid will be read, and the three apparent lowest bids will be selected for further consideration. These three apparent low bids will be read aloud for the benefit of the other bidders and the bid opening procedure will be closed.

5. Bid Modification

Any bidder may withdraw or modify his bid in a signed writing at any time prior to the scheduled closing time for receipt of bids, provided such writing is received by the Owner prior to the bid closing time. Written bid withdrawals and modifications must be sealed and submitted in the same manner as the original bid. Bidders may not withdraw their bid after the bid opening except as may otherwise be expressly provided by law.

6. Ability and Experience of Bidder

No award will be made to any bidder who cannot satisfy the Owner 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.

The Owner may make such investigations as he deems necessary, and the bidder shall furnish to the

Owner, under oath if so required, all such additional information and data for this purpose as the

Owner may request.

7. Pre-bid Conference and Site Tour

A non-mandatory Pre-bid Conference and Site Tour will be held at the Project Location, 34

Washington St., Nantucket, MA., Harbormaster’s Office, on October 1, 2026, at 11:00 A.M.

Representatives of the Owner and Engineer will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference; however, attendance at this conference is not required to submit a Bid.

Information presented at the Pre-bid Conference does not alter the Contract Documents. Owner will issue Addenda to make any changes to the Contract Documents that result from discussions at the Pre-bid Conference. Information presented and statements made at the Pre-bid Conference will not be binding or legally effective unless incorporated in Addenda.

8. Conditions of Work

Each bidder must familiarize themselves fully with the existing conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful bidder of his obligation to furnish all material and labor necessary to carry out the provisions of his contract. Insofar as possible the Contractor, in carrying out his work, must employ such methods or means as will not cause any interruption of or interference with the work of any other Contractor.

9. Addenda and Interpretations

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.

September 10, 2026 00 21 13 - 3

Any request for such interpretation shall be emailed to: Robin Dugan, Office Administrator, at rdugan@police.Nantucket-MA.gov, up until October 23, 2026, at 5:00 P.M. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications which will be available online at https://procurement.opengov.com/portal/nantucket no later than two days prior to the date bid opening. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted. Hard copies of the addenda will not be forwarded to the plan holders. The bidder is solely responsible for reviewing all addenda posted online on the Town procurement website. All addenda so issued shall become part of the Contract Documents.

10. Security for Faithful Performance and Payment

The Contractor who is selected to perform the Work, will simultaneously with his delivery of the executed Contract, furnish construction performance and payment bonds in the amount of 100 percent (100%) of the contract amount as security for faithful performance and payment of all persons performing materials labor under this contract as specified in the herein. The surety on such bonds shall be a surety company qualified to do business under the laws of the

Commonwealth and satisfactory to the Owner. The bonds shall remain in force for one year after final acceptance of the work by the Owner, unless the Owner, in writing, releases the Contractor from the obligation sooner.

11. Power of Attorney

Attorneys-in-fact who sign Contract bonds must file with each bond a certified and effectively dated copy of their power of attorney.

12. Laws and Regulations

The bidder's attention is directed to the fact that all applicable State laws, municipal ordinances or Bylaws, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout, and they will be deemed to be included in the

Contract the same as though herein written out in full.

13. Liquidated Damages for Failure to Enter into Contract

Subject to, and except as otherwise may be provided by G.L.c.149. §§ 44B and 44E, the successful bidder, upon his failure or refusal to execute and deliver the Contract and bonds required within five (5) days (Saturdays, Sundays and legal holidays excluded) after he/she has received notice of the acceptance of his/her bid, shall forfeit to the Owner, as liquidated damages for such failure or refusal, a portion of security deposited with his/her bid, but the amount forfeited shall not exceed the difference between his/her bid price and the bid price of the next lowest responsible and eligible bidder.

14. Obligation of Bidder

At the time of the opening of bids, each bidder will be presumed to have inspected the site and to have read and to be thoroughly familiar with the Contract Documents (including all addenda). The failure or omission of any bidder to examine any form, instrument, or document shall in no way relieve any bidder from any obligation in respect of their bid.

September 10, 2026 00 21 13 - 4

15. Information Not Guaranteed

All information given in the Contract Documents relating to subsurface and other conditions, natural phenomena and other existing structures is from the best sources at present available to the Owner.

All such information is furnished only for the information and convenience of bidders and is not guaranteed.

It is agreed and understood that the Owner does not warrant or guarantee that the subsurface or other conditions, natural phenomena and other existing structures encountered during construction will be the same as those indicated in the Contract Documents.

It is further agreed and understood that no bidder or Contractor shall use or be entitled to use any of the information made available to him or obtained in any examination made by him in any manner as a basis of or ground for any claim or demand against the Owner or the Engineer, arising from or by reason of any variance which may exist between the information made available and the actual subsurface or other structures actually encountered during the construction work, except as may otherwise be expressly provided for in the Contract Documents.

16. Bid Security

As stated in G.L.c.149. § 44A, each bid must be accompanied by a bid bond of 5% of their bid in the form of a certified check, treasurer's or cashier's check, payable to Town of Nantucket, or a Bid

Bond from a surety company in the amount stated in their Bid. This bid bond requirement is interpreted to require a copy of the bid bond be attached to the bidders electronic bid submission.

The original bid bond must be received by the Town of Nantucket Police Department, ATTN: Robin

Dugan, 4 Fairgrounds Road, Nantucket, MA 02554 within five (5) business days of the October 29, 2026 bid opening. Please include bidders name on the envelope. Such bid bonds will be returned to all except the three lowest responsible and eligible bidders within five (5) days, Saturdays, Sundays, and legal holidays excluded, after the opening of bids, and the remaining checks will be returned promptly after the Owner and the accepted bidder have executed the Contract, or if no notice of intent to award has been presented to the selected contractor within thirty (30) days, Saturdays, Sundays and holidays excluded, after the date of the opening of bids, upon demand of the bidder at any time thereafter.

17. Right to Reject Bid

The Owner reserves the right to waive any informalities in the bids, and to reject any and all bids, should the Owner deem it to be in the public interest to do so, and for any other reason as may be allowed by law.

The Owner may also reject bids which in its sole judgment are either incomplete, conditional, obscure or not responsive or which contain additions not called for, or other irregularities, or the

Owner may waive such omissions, conditions or irregularities.

18. Time for Completion

The successful Contractor shall commence work within ten (10) calendar days of the date of the

Notice to Proceed or, in the absence of such a notice, of the date of execution of a contract with the

Town, and to fully complete the project within the time limit stated in the Contract Documents.

19. Comparison of Bids

Bids will be compared on the basis of the price for the Work set forth in the submission of the electronic FORM OF GENERAL BID.

September 10, 2026 00 21 13 - 5

In the event that there is a discrepancy in the electronic FORM OF GENERAL BID between the lump sum or unit prices written in words and figures, the prices written in words will govern.

The Owner agrees to examine and consider each electronic FORM OF GENERAL BID submitted in consideration of the qualifications of the bidder and the bidder's agreements, as hereinabove set forth and as set forth in FORM OF GENERAL BID.

20. Award of Contract

The Contract will be awarded to "the lowest responsible and eligible bidder" pursuant to General

Laws Chapter 149, Section 44A(2), as amended. Such a bidder shall possess the skill, ability and integrity necessary for the faithful performance of the work, shall be able to furnish labor that can work in harmony with all other elements of labor employed, or to be employed, in the work, and shall otherwise comply with all applicable provisions of law, including satisfaction of the OSHA requirements as stated in the Form of General Bid included herein and prescribed by G.L.c.149.§

44E.

21. Statutes Regulating Competitive Bidding

Any bid which does not comply with the provisions of Massachusetts General Laws Chapter 149, Sections 44A through 44H, as amended, need not be accepted and the Owner may reject every such bid.

22. Certificate of Eligibility and Update Statement

A certificate of eligibility issued by the Division of Capital Asset Management (DCAM) or the

Massachusetts Department of Transportation (MDOT) is not required.

23. 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 27G, as amended, apply to this project.

State schedules of Prevailing Wage Rates are included in Attachment A of this Project Manual.

24. Contractor Records

The Contractor shall comply with the provisions of Massachusetts General Laws, Chapter 30, Section 39R and Chapter 149, Section 27B concerning Contractor records.

25. Insurance

The Contractor shall carry and continuously maintain until completion of the Contract, insurance as specified in the Contract Documents.

September 10, 2026 00 41 13 - 1

FORM OF GENERAL BID

SECTION 00 41 13

The “FORM FOR GENERAL BID” is included within the Town’s On-line Bid Portal for this project located at https://procurement.opengov.com/portal/nantucket and shall be completed as required by the Bidder.

1. BASE BID - SCHEDULE OF UNIT PRICES

a. Timber Repairs to Breakwater and Pier

Enter as required on the on-line “Base-Bid–Schedule of Prices” located at https://procurement.opengov.com/portal/nantucket and shall be completed as required by the Bidder.

2. BID ALTERNATE #1 - SCHEDULE OF PRICES

a. Installation of Replacement Concrete Floats

Enter as required on the on-line “Bid Alternate #1–Schedule of Prices” for the installation only of the replacement Concrete Float which is supplied by the Owner, located at https://procurement.opengov.com/portal/nantucket and shall be completed as required by the Bidder.

3. GENERAL

a. The Bidder understands that all bids for this project are subject to the applicable bidding laws of the Commonwealth of Massachusetts, including General Laws Chapter 149 and Chapter 30, Section 39M, as amended.

b. The Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding.

c. The Bidder shall enter bid amounts for all items associated with the on-line pricing forms for BASE BID and BID ALTERNATES (if applicable) as indicated on the on-line Schedule of Prices. The Owner reserves the right to award the Contract to the lowest responsible bidder for the sum of the BASE BID items, including Bid Alternates in the order presented herein and the best interest of the Owner, up to the amount of funds available and in consideration of the work to be performed.

d. 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.

e. Within 10 days of receipt of the written notice of acceptance of this bid, the Bidder will execute the formal Agreement set forth in a draft copy in Section 00500 AGREEMENT.

f. Bid security as noted above is required in the sum of five percent (5%) of the total bid in accordance with the conditions of Section 00100 INSTRUCTIONS TO BIDDERS. The bid security may become the property of the Owner in the event the contract and bond are not executed within the time set forth above.

g. The selected Contractor shall furnish performance and payment bonds in an amount at least equal to 100 percent (100%) of the contract price in accordance with Section 00610 CONSTRUCTION PERFORMANCE BOND and Section 00620 CONSTRUCTION PAYMENT BOND, and as stipulated in the contract. The Bidder understands that all bids

September 10, 2026 00 41 13 - 2 for this project are subject to the applicable bidding laws of the Commonwealth of Massachusetts, including General Laws Chapter 149 and Chapter 30, Section 39M, as amended.

h. The Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding.

i. The Bidder shall enter bid amounts for all items associated with the on-line BASE BID and BID ALTERNATES (if applicable) as indicated on the Schedule of Prices. The Owner reserves the right to award the Contract to the lowest responsible bidder for the sum of the BASE BID items, including Bid Alternates in the order presented herein and the best interest of the Owner, up to the amount of funds available and in consideration of the work to be performed.

j. 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.

k. Within 10 days of receipt of the written notice of acceptance of this bid, the Bidder will execute the formal Agreement set forth in a draft copy in Section 00500 AGREEMENT.

l. The selected Contractor shall furnish performance and payment bonds in an amount at least equal to 100 percent (100%) of the contract price in accordance with Section 00610 CONSTRUCTION PERFORMANCE BOND and Section 00620 CONSTRUCTION PAYMENT BOND, and as stipulated in the contract.

September 10, 2026 00 45 01 - 1

CERTIFICATE OF NON-COLLUSION

SECTION 00 45 01

CERTIFICATE OF NON-COLLUSION

The undersigned certifies under penalties of perjury that this bid or proposal has been made and submitted in good faith and without collusion or fraud with any person. As used in this certification, the word "person" shall mean any natural person, business, partnership, corporation, union, committee, club, or other organization, entity, or group of individuals.

CONTRACTOR NAME:

SIGNATURE:

PRINTED NAME:

DATE:

**THIS SIGNED CERTIFICATE MUST BE SUBMITTED WITH YOUR BID**

September 10, 2026 00 45 02 - 1

TAX COMPLIANCE CERTIFICATION

SECTION 00 45 02

TAX COMPLIANCE CERTIFICATION

Pursuant to M.G.L. 62C, Sec. 49A, the undersigned certifies under the penalties of perjury that it, to the best knowledge and belief of management, has filed all state tax returns and paid all state taxes required under law (if any, are so required).

SIGNATURE:

PRINTED NAME:

TITLE:

DATE:

TAX ID NUMBER:

**THIS SIGNED CERTIFICATE MUST BE SUBMITTED WITH YOUR BID**

September 10, 2026 00 45 03 - 1

CERTIFICATION OF CORPORATION TO SIGN AGREEMENT

SECTION 00 45 03

CERTIFICATION OF CORPORATION TO SIGN AGREEMENT

At a duly authorized meeting of held on (Name of Corporation) (Date)

At which all the Directors were present or waived notice, it was voted that, (Name) (Officer) of this Company, (s)he hereby is authorized to execute contracts and bonds in the name and behalf of said company, and affix its Corporate Seal thereto, and such execution of any Contract or obligation in this Company’s name on its behalf by such under seal of the company, shall be valid and binding upon this company. (Officer)

A TRUE COPY,

ATTEST:

(Corporate Clerk)

PLACE OF BUSINESS:

DATE OF THIS

CONTRACT:

I hereby certify that I am the Clerk of the (Name of Corporation) and that is the duly elected (Name) of said company, and the vote has not been (Title) amended or rescinded and remains in full force and effect as of the date of this Contract.

(Corporate Clerk) (Corporate Seal)

September 10, 2026 00 50 00 - 1

DRAFT AGREEMENT

SECTION 00 50 00

September 10, 2026 00 50 00 - 2

September 10, 2026 00 50 00 - 3

September 10, 2026 00 50 00 - 4

September 10, 2026 00 50 00 - 5

September 10, 2026 00 50 00 - 6

September 10, 2026 00 50 00 - 7

September 10, 2026 00 50 00 - 8

September 10, 2026 00 50 00 - 9

September 10, 2026 00 50 00 - 10

September 10, 2026 00 50 00 - 11

September 10, 2026 00 50 00 - 12

September 10, 2026 00 50 00 - 13

September 10, 2026 00 61 13 - 1

CONSTRUCTION PERFORMANCE BOND

SECTION 00 61 13

KNOW ALL MEN BY THESE PRESENTS: that, WHEREAS, _.("Owner"), has awarded to ___________________________________, hereinafter designated as the "Principal", a contract (the “Contract”), the terms and provisions of which Contract are incorporated herein by reference, for constructing the following project:

NANTUCKET TOWN PIER REPAIRS

TOWN OF NANTUCKET, MA

and

WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract;

NOW, THEREFORE, we, the Principal, and ____________________________, as surety, are held and firmly bound unto Owner, in the penal sum of __________________________________________ and _____/100 Dollars ($______________), lawful money of the United States, being one hundred percent (100%) of the Contract amount, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to, and will truly keep and faithfully perform the covenants, conditions, and agreements in the said Contract and any alterations made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless, Owner, its Board, officers, employees and agents, as therein stipulated, then this obligation shall be null and void; otherwise it shall be and remain in full force and virtue.

As a condition precedent to the satisfactory completion of the said Contract, the above obligation shall hold good for a period of one (1) year after the completion and acceptance of the said work, during which time if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns shall fail to make full, complete and satisfactory repair and replacements or totally protect the said Owner from loss or damage made evident during said period of one (1) year from the date of acceptance of said work, and resulting from or caused by defective materials or faulty workmanship, in the prosecution of the work done, the above obligation shall be and remain in full force and virtue.

And the said Surety, for value received, hereby stipulates and agrees to waive any consent to change, extension of time, alteration, or addition to the terms of the Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its

September 10, 2026 00 61 13 - 2 obligations on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the work, or to the Specifications.

In the event Owner, or its successors or assigns, shall be the prevailing party in an action brought upon this bond, then, in addition to the penal sum hereinabove specified, we agree to pay to the said Owner, or its successors or assigns, a reasonable sum on account of attorney's fees in such action, which sum shall be fixed by the court.

IN WITNESS THEREOF, the above bounden parties have executed this instrument under their seals this day of ,___________________, 2026, the name and corporate seal of each corporate party being hereto affixed, and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

Principal Witness as to Principal

By:

Address

Surety

Witness to Surety Attorney-in-Fact

(Seal)

If Contractor is partnership, all partners must execute BOND.

September 10, 2026 00 61 14 - 1

CONSTRUCTION PAYMENT BOND

SECTION 00 61 14

KNOW ALL MEN BY THESE PRESENTS: That we ___________________________________ ________________________________ a _____________________________________________ (Name of Contractor) (Corporation, Partnership, Joint Venture or Individual) hereinafter called "Principal" and _______________________ of ________________________, (Surety) State of _____________________________ hereafter called the “Surety” and licensed by the State (City and State) Division of Insurance to do business under the laws of the Commonwealth of Massachusetts, are held and firmly bound to the Town of Nantucket, Massachusetts hereinafter called "Owner", in the penal sum of ______________________________ Dollars ($_______________) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the Owner, dated the ________________ day of ______________________, 2026 for the construction described as follows:

NANTUCKET TOWN PIER IMPROVEMENTS & REPAIRS

TOWN OF NANTUCKET, MA

NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such work, and all insurance premiums on said work, and for all labor, performed in such work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect.

PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of this contract or to the work or to the specifications.

September 10, 2026 00 61 14 - 2

PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

IN WITNESS WHEREOF, this instrument is executed in ______( ) counterparts, each one of which shall be deemed an original, this the _________ day of ____________________, 2026.

Surety

________________________________________ By:

(Attorney-in-Fact)

(Address, City, State, Zip)

________________________________________(SEAL)

Witness as to Surety

(Address, City, State, Zip)

NOTE: Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, all partners should execute Bond

19N005.40 Nantucket, Massachusetts

September 10, 2026 01 00 00 - 1

GENERAL AND SPECIAL CONDITIONS

SECTION 01 00 00

GENERAL AND SPECIAL CONDITIONS

PART 1: GENERAL

1.01 SCOPE OF WORK

A. The work to be done under this contract consists of furnishing all labor, tools, materials and equipment required to construct the entire project, along with any and all necessary restoration. All work shall be performed as shown on the drawings, specified herein and/or is evidently required to complete the work and the specifications set forth herein. In general, the project includes the following work:

▪ Base Bid:

Timber repairs to breakwater and pier.

▪ Bid Alternative #1:

Transportation and Installation of two (2) replacement concrete floats.

Two (2) concrete floats have already been procured by the Owner and will be stored at 100 Herman Melville Blvd., New Bedford, Massachusetts. The Contractor shall arrange for pickup and delivery of the two (2) floats from their New Bedford storage location and deliver them to the Nantucket project location. The Contractor shall then remove two (2) existing temporary wooden floats from the location wherein the new replacement concrete floats shall be installed.

B. The Owner may select a Contractor based upon proposals received. The Owner will require an executed contract, which it will prepare, and insurance certificates and bonds as set forth herein prior to any activities being commenced by the selected Contractor.

C. The proposal and schedule of value(s) as proposed by the Contractor in its offer shall be firm and include any and all labor, materials, equipment, supplies, overhead and profit to perform and deliver a complete project as set forth herein and on the project plans.

D. The Contractor must include any and all materials, labor, equipment or other items in each proposal item. If an item includes ancillary work or apparatuses, then the item must be priced by the Contractor to include such other work.

E. Measurements and calculations shall be reviewed for accuracy by the Owner’s Engineer and prepared for submission to the Owner. The Contractor shall coordinate any and all construction activities to allow the Owner’s Engineer to verify quantities such that verification activities are minimal, and the processing of payment application is effectuated in a timely and organized manner.

F. Any requests for information (RFI’s) shall be submitted to the Owner’s Engineer in writing.

September 10, 2026 01 00 00 - 2

GENERAL AND SPECIAL CONDITIONS

1.02 PROJECT SITE

A. The work to be performed is located within Nantucket Harbor at the Town Pier located at

34 Washington Street in Nantucket, MA 02554. The Project exact location is denoted as shown on the plans/drawings associated with this project.

1.03 DRAWINGS AND SPECIFICATIONS

A. All work shall conform and be in accordance with these specifications and/or the accompanying drawings entitled:

Nantucket Town Pier Repairs

Nantucket, MA

Project plans Issued for Bid consist of a total of seven (7) sheets as prepared by Foth

Infrastructure & Environment, LLC, 15 Creek Road, Marion, MA 02738 (dated July 2026;

stamped by Cody Flynn, P.E.).

1.04 WORK SEQUENCE

A. General: There are certain essential criteria relative to the preparation of a work sequence and time schedule that the Contractor will be required to implement and follow during the performance of all work. The Contractor shall begin work by establishing and/or verifying horizontal and vertical control, locating the project limits and mobilization of all necessary equipment on to the project site.

B. The Contractor’s schedule for progress and completion of work will be reviewed and approved by Owner and Owner’s Engineer. The Contractor is advised that environmental permits restrict in-water, silt producing activities from January 15th through May 31st of any given year. The Contractor shall plan his/her activities accordingly.

C. The Contractor shall be required to prosecute said work diligently and complete the furnishing all labor, materials, equipment, and incidentals for the improvements and repairs at the Town Pier as shown on the drawings.

D. The Contractor is advised construction activities are restricted by permits. The Contractor is advised and will be held to any and all permits and the constraints contained therein and shall review the project permits and application of statutes to determine what work is impacted by these restrictions and shall plan and price their work accordingly.

E. Hours of Operation: Work hours shall be 7:00 A.M. to 6:00 P.M., Monday through Friday unless otherwise agreed to by the Owner or Engineer.

F. The Contractor’s work methods shall be planned and carried out such that there is no damage to any existing structures. Any and all existing structures are to be carefully and adequately protected, such that they are not in any way damaged or compromised. Any damage to adjacent structures or any property which is in any way damaged as a result of

(directly or consequently) to any activities undertaken by the Contractor shall remain at all times at the Contractor’s expense and peril.

September 10, 2026 01 00 00 - 3

GENERAL AND SPECIAL CONDITIONS

G. The Order of Work shall be developed by the Contractor and submitted in his/her construction schedule. The Contractor will be responsible with coordinating construction activities with the Owner and daily uses that may occur within harbor areas. In addition, the Contractor shall plan his/her sequence of work understanding that the project may include areas within Nantucket Harbor that could be susceptible to ice build-up.

1.05 CONTRACTOR’S LIABILITY INSURANCE

A. The Contractor shall purchase and maintain such insurance as will protect him/her from the Contractor’s operations under the Contract, whether such operations be by himself/herself or by any Sub-Contractor or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable.

B. Insurance Generally

1. The Contractor shall purchase insurance policies issued by companies lawfully authorized to write the types of insurance required under the laws of the

Commonwealth of MA. The insurers shall have a financial strength rating of A- VIII or better as assigned by AM Best or equivalent rating assigned by a similar rating agency acceptable to the Owner.

2. Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work and thereafter upon renewal or replacement of required policies of insurance. The certificates and the insurance policies required shall contain a provision that coverages afforded under the policies will not be cancelled or allowed to expire until at least 30 days prior written notice has been given to the Owner. These

Certificates shall set forth evidence of all coverages required by this section.

3. The General Liability, Watercraft Liability, Auto Liability and Umbrella Liability shall include the Town of Nantucket and its public officials and employees as additional insured;

4. A Waiver of Subrogation in favor of the Owner, its public officials and employees shall be provided on all required policies as well as any property insurance policies maintained by contractor.

5. All deductibles and retentions shall be borne by the Contractor.

6. All insurance shall be arranged on a primary basis as to any separate insurance maintained by the Owner.

C. Contractor’s Workers Compensation and Liability Insurance

The Contractor shall maintain the following types of insurance with all liability insurance provided on an occurrence form basis and in no case shall the policies have limits of liability less than the following:

1. Workers’ Compensation and Employers Liability Insurance:

September 10, 2026 01 00 00 - 4

GENERAL AND SPECIAL CONDITIONS

a. State Workers Compensation Benefits: MA Statutory Limits

b. Employers Liability:

$1,000,000 Bodily Injury by Accident

$1,000,000 Bodily Injury by Disease – policy limit

$1,000,000 Bodily Injury by Disease – each employee

2. Commercial General Liability Insurance: (including Premises-Operations;

Independent Contractor’s Protective; Products and Completed Operations; Broad

Form Property Damage; Contractual Liability):

a. Bodily Injury and Property Damage Liability (including coverage for XCU hazards):

$1,000,000 Each Occurrence

$2,000,000 General Aggregate Per Project

$2,000,000 Aggregate, Products and Completed Operations

$1,000,000 Personal & Advertising Injury Liability

b. Products and Completed Operations insurance shall be maintained for a minimum period of 6 years after final payment and Contractor shall continue to provide evidence of such coverage to Owner on an annual basis during the aforementioned.

c. Coverage shall be maintained on General Liability ISO form CG00 01 or equivalent. Additional Insured Endorsement forms CG 20 10 and CG 20 37 or their equivalent are to be used.

d. The General Liability insurance shall include all work including demolition work and shall not have any special exclusions for demolition activities.

3. Commercial Automobile Liability Insurance for owned, non-owned, hired vehicles and mobile equipment licensed for highway use.

$1,000,000 Bodily Injury and Property Damage Each Accident

4. Umbrella Liability Insurance

$10,000,000 per Occurrence;

$10,000,000 General Aggregate Per Project

$10,000,000 Products and Completed Operations Aggregate

a. Coverage shall be excess to the Contractor’s General Liability, Auto Liability, and Employers Liability coverages.

b. The scope of umbrella liability coverage shall be no less than that provided by the underlying policies.

c. The Contractor shall be responsible for having acceptable insurance coverage provided by or on behalf of all Subcontractors, with such insurance similar to that required of the Contractor. The Contractor shall not allow any Subcontractor to commence Work on the Project prior to the Owner’s and Contractor’s receipt of certificate of insurances acceptable to the Owner, in form and limits. The Town of

Nantucket, its public officials and employees shall be Additional Insureds under all such subcontractor policies, except Workers Compensation.

September 10, 2026 01 00 00 - 5

GENERAL AND SPECIAL CONDITIONS

D. Builders Risk/Installation Risk Insurance

The Contractor shall maintain Property Insurance upon the Work at the Site to the full insurable value thereof. Such insurance shall include the Interests of the Owner, the

Contractor, and Subcontractors of the Project and shall insure against the perils of fire, extended coverages and “all risks” insurance for physical loss or damage including collapse, theft, vandalism and malicious mischief. Coverage shall include Flood and

Earthquake perils with sublimit no less than the value of the Work. The Builders Risk insurance shall also cover portions of the Work stored off the site or in transit.

E. Contractors Pollution Liability Insurance

The Contractor shall maintain Contractors Pollution Liability coverage for pollution conditions arising out of contractor’s work or otherwise caused by contractor subject to a limit of at least $1,000,000. If arranged on a claims made basis, any retroactive date shall be no later than the effective date of this contract.

F. Professional Liability Insurance

If Contractor’s work requires design and/or design-assist services. The Contractor shall maintain Professional Liability (Errors and Omissions) insurance for such professional services subject to a limit of at least $1,000,000. If arranged on a claims made basis, any retroactive date shall be no later than the effective date of this contract. The insurance shall be maintained for a minimum period of 3 years after final payment and Contractor shall continue to provide evidence of such coverage to Owner on an annual basis during the aforementioned.

G. Watercraft and Aircraft Liability

If the Contractors requires use of watercraft or aircraft within the scope of work, Contractor shall maintain Aircraft and Watercraft liability insurance subject to limits of no less than

$10,000,000 for Aircraft Liability and $5,000,000 for Watercraft Liability. In the case of watercraft use, Contractor’s Watercraft P&I and/or WC insurance shall cover injury to crew and shall include protection for any Maritime Law, Jones Act and Longshore and

Harbor Workers Act exposures. If any operations performed within the scope of this

Contract by Contractor or its Sub-Contractors require the use of any aircraft or watercraft

(owned or un-owned), Contractor shall maintain liability insurance satisfactory to, and naming as an additional insured, the Owner.

H. Contractors Property Insurance

Contractor shall retain all risk of loss for loss of or damage to its property used on or about the project work without any recourse to the Owner and shall be responsible for arranging its own property insurance as it deems appropriate.

I. Insurance certificates acceptable to the Owner evidencing the above coverages are to be furnished to the Owner prior to execution of any Contract. Any and all such certificates and all insurance policies required by these Insurance Requirements shall contain provisions requiring at least 30 (thirty) days prior written notice to the Owner of any

September 10, 2026 01 00 00 - 6

GENERAL AND SPECIAL CONDITIONS

cancellations of, or material change in the policies. Certificates shall indicate effective dates of expiration of policies and shall refer to the corresponding subparagraphs listed above. An additional certificate evidencing continuation of all insurance coverages is required to remain in force after final payment, and final payment under this contract shall be due until such certificate has been submitted to the Owner.

J. All insurance policies provided pursuant to the foregoing provisions of these Insurance

Requirements shall be in the form and written by companies satisfactory to the Owner. All such policies shall contain provisions or endorsements necessary to assure coverage of claims by one insured against another. All required insurance policies are to be endorsed to state that the Contractor’s policies shall be primary to all other insurance available to the

Owner for liability arising out or resulting from the Contractor’s operations under the

Contract, whether such operations be by Contractor or by a Sub-Contractor or by anyone directly to indirectly employed by any of them or by anyone for whose acts any of them may be liable.

K. Insurance to satisfy the above requirements, or the furnishing of certificates evidencing same, shall not be a satisfaction of Contractor’s liability under this Contract or in any way modify Contractor’s indemnification of the Owner.

L. Without limitation of any other provisions of the Contract Documents, if (a) the

Contractor’s agreement herein to insure or to name as an insured the Owner with respect to contractual liability assumed by the Contractor under the terms of the Contract

Documents or otherwise, or (b) any contract of insurance between the Contractor or any

Sub-Contractor and its or their insurance company, shall to the extent be or be determined to be void and unenforceable, it is the intent of the Owner that such circumstances shall not otherwise affect the validity or enforceability or the Contractor’s agreements and obligations under the Contract documents nor the validity or enforceability of such contract or insurance, each of which shall be enforced to the fullest extent permitted by law.

M. In the event that the Contractor or the Contractor’s insurance company fails to provide the

Owner with documentation sufficient in the Owner’s sole discretion to remedy all damage and loss to any property referred to in the above section.

N. Such limits of liability may be increased, from time to time, at the discretion of the Owner, upon thirty (30) days written notice to the Contractor. The Contractor shall promptly furnish the Owner with copies of such policies upon request. The Owner/Owner’s

Representative(s) shall be named as Additional Insured with respect to both ongoing and completed operations and Certificate Holder on all such policies (except Workers’

Compensation). Such policies must apply on a primary basis in relation to the Owner’s own policy(ies), be non-contributing and shall include Waivers of Subrogation (except where prohibited by law), reference this Agreement and provide not less than 30 days prior notice to Contractor in the event of cancellation or non-renewal and not less than 10 days prior notice in the event of non-payment of premium. It is the

Contractor’s obligation to tender a defense to the Owner/Owner’s Representative(s) as the

Additional Insured on a primary basis and non-contributory basis. Additional Insured coverage shall apply to all liability or potential liability relating to, resulting from, arising out of or caused in whole or in part by, or alleged to have been caused in whole or in part, September 10, 2026 01 00 00 - 7

GENERAL AND SPECIAL CONDITIONS

by the Contractor’s acts or omissions or the Contractor’s alleged acts or omissions and applies whether performed by the Contractor or by others on behalf of the Contractor.

O. By requiring the above insurance, Contractor does not represent that coverage and limits will necessarily be adequate to protect the Contractor. The Owner reserves the right, in its sole discretion, to require higher limits or coverages on this project.