Contract Documents for

Water System SCADA Improvements Town of Provincetown, Massachusetts

PREPARED BY:

Environmental Design & Research, Landscape Architecture, Engineering & Environmental Services, D.P.C., Inc.

396 Main Street, Suite 15 Hyannis, Massachusetts 02601

Town of Provincetown Water System SCADA Improvements

24247 TABLE OF CONTENTS TOC-1

TABLE OF CONTENTS

Page

ADVERTISEMENT FOR BIDS ........................................................................................................... 1 thru 2

INSTRUCTIONS TO BIDDERS .......................................................................................................... 1 thru 8

BID FORM ........................................................................................................................................... 1 thru 6

Attachments:

Bid Bond; Penal Sum Form Bid Security Statement of Surety’s Intent Qualifications Statement Certificate of Corporate Vote (if Bidder is a corporation) OSHA 10 Hour Training

AGREEMENT ..................................................................................................................................... 1 thru 7

Exhibit A - Notice of Award, Notice to Proceed Exhibit B - Performance Bond and Payment Bond Exhibit C - Certificates of Insurance (to be inserted by Contractors later) Exhibit D - Commonwealth of Massachusetts Prevailing Wage Rates Exhibit E - Contractor’s Application for Payment Exhibit F - Change Order Exhibit G - Certificate of Substantial Completion

STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT,

(EJCDC C-700, 2013 Edition) (Contains its own Table of Contents) ............................................... 1 thru 65

SUPPLEMENTARY CONDITIONS ................................................................................................... 1 thru 24

TECHNICAL PROVISIONS

Section Title Page

DIVISION 1 - GENERAL REQUIREMENTS

010100 Summary of Work ............................................................................................................ 1 thru 3 010190 Contract Considerations .................................................................................................. 1 thru 3 010260 Lump Sum Items (Bid Item Descriptions) ........................................................................ 1 thru 2 010390 Coordination and Meetings .............................................................................................. 1 thru 3 013000 Submittals ........................................................................................................................ 1 thru 4 013100 Progress Schedule .......................................................................................................... 1 thru 6 013800 Construction Documentation ........................................................................................... 1 thru 2 017000 Closeout and Record Documents ................................................................................... 1 thru 2

DIVISION 40 – PROCESS INTERCONNECTIONS

406613 Ethernet Devices ............................................................................................................. 1 thru 7 406633 Fiber Optic Communication Systems .............................................................................. 1 thru 9

EJCDC® C-111, Advertisement for Bids Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1

ADVERTISEMENT FOR BIDS

WATER SYSTEM SCADA IMPROVEMENTS

TOWN OF PROVINCETOWN, MASSACHUSETTS

Sealed Bids for the construction of the Water System SCADA Improvements will be received at the Provincetown Town Hall, 260 Commercial Street, Provincetown, MA, 02657, until 3:00 pm local time on October 8, 2026, at which time the Bids received will be publicly opened and read. The Project consists of, but is not limited to, SCADA improvements at the Knowles Crossing Water Treatment Plant and Paul Daley Well Field sites per the Contract Documents.

Bids will be received for a single prime Contract. Bids shall be on a lump sum basis and will include unit prices (with estimated quantities for the purpose of comparison of bids) as indicated in the Bid Form.

The Issuing Office for the Bidding Documents is: Town of Provincetown Water Department (Contact: Mr.

Cody Salisbury, Water Superintendent). Bidding Documents will be available at the Town’s website:

https://provincetown-ma.gov/37/Procurement.

Questions on the project itself can be directed to Craig Curtin at ccurtin@edrdpc.com. No response will be given to questions received less than five (5) days before the Bid Opening date. Any responses not in the form of written addenda to the bidding documents may not be relied upon. Neither Owner nor Engineer will be responsible for full or partial sets of Bidding Documents, including Addenda if any, obtained from sources other than the Issuing Office.

A non-mandatory, pre-bid conference will be held virtually on September 23, 2026 at 1:00 pm. It is highly recommended that Bidders attend the pre-bid conference as the project details will be discussed and the Owner and Engineer will be there to collect questions, and bidders shall be presumed to know what could have reasonably been ascertained at the meeting.

Virtual Pre-Bid Meeting information:

Join: https://teams.microsoft.com/meet/299300847042461?p=LDGAWYIDUfOErH5OD7

Meeting ID: 299 300 847 042 461

Passcode: ud9LT2fg

Dial in by phone

+1 315-401-0422

Phone conference ID: 801 986 972#

The project will have a Substantial Completion date of April 30, 2027 and fully completed and ready for Final Payment on May 28, 2027

No Bidder may withdraw his/her Bid for a period of 60 calendar days after the actual date of the opening of the Bids.

Bidders shall certify that they do not and will not maintain or provide for their employees any facility that is segregated on a basis of race, color, creed, sex, national origin, or sexual preference.

https://provincetown-ma.gov/37/Procurement mailto:ccurtin@edrdpc.com https://teams.microsoft.com/meet/299300847042461?p=LDGAWYIDUfOErH5OD7 tel:+13154010422,,801986972

EJCDC® C-111, Advertisement for Bids Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2

Bidding and award of this Contract is pursuant to Massachusetts General Law Chapter 30 Section 39M, and all other applicable Massachusetts General Laws.

Bidders shall review and acknowledge all addenda in writing on the Bid Form.

Each Bid must be accompanied by Bid Security made payable to Owner in an amount of five (5) percent of Bidder’s maximum Bid price (including all alternates, if any) in the form of a certified check, bank money order, or a Bid Bond issued by a surety meeting the requirements of paragraphs 6.01 and 6.02 of the General Conditions and qualified to do business in Massachusetts and satisfactory to the Town.

Minimum Wage Rates, enclosed with the bidding documents, as determined by the Commissioner of Department of Workforce Development under the provision of the Massachusetts General Laws, apply to this project. It is the responsibility of the contractor, before bid opening, to request if necessary, any additional information on Minimum Wage Rates for those trades people who may be employed for the proposed work under this contract.

If, upon acceptance of a Bid, a Bidder fails to enter into a contract with the Town of Provincetown, the Bid Security shall be forfeited to and become the property of the Town.

No Bidder may withdraw its Bid within sixty (60) calendar days after the date of the Bid opening. The successful Bidder must furnish a 100% Performance Bond and a 100% Payment Bond with a surety company satisfactory to the Town of Provincetown and conforming to the prerequisite requirements of Article 5 of the General Conditions.

The Town of Provincetown reserves the right to waive any informalities or to reject any or all Bids to the fullest extent permitted by law.

Bidders are required to certify, under penalty of perjury, that Bids have been prepared without collusion with other Bidders, subcontractors, suppliers, etc. This certification is included with the Bid Form and each Bidder must sign in the space provided.

The Owner reserves the right to omit part or whole of any proposed work to be performed, as described in the Contract Documents, as may be required to maintain the total cost of work within available funds.

EJCDC® C-200 (Rev. 1), Suggested Instructions to Bidders for Construction Contracts.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1

INSTRUCTIONS TO BIDDERS FOR CONSTRUCTION CONTRACT

TOWN OF PROVINCETOWN, MA

ARTICLE 1 – DEFINED TERMS

1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below:

A. Issuing Office – The office from which the Bidding Documents are to be issued.

ARTICLE 2 – COPIES OF BIDDING DOCUMENTS

2.01 Complete sets of the Bidding Documents may be obtained from the Issuing Office in the number and format stated in the advertisement or invitation to bid.

2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents or Bidding Documents obtained from any other source.

2.03 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license for any other use.

ARTICLE 3 – QUALIFICATIONS OF BIDDERS

3.01 To demonstrate Bidder’s qualifications to perform the Work, Bidder shall submit written evidence establishing its qualifications such as financial data, previous experience, and present commitments.

3.04 Bidder is advised to carefully review all portions of the Bid Form, particularly those requiring Bidder’s representations and certifications.

ARTICLE 4 – SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE; OWNER’S

SAFETY PROGRAM; OTHER WORK AT THE SITE

4.01 Site and Other Areas

A. The Site is identified in the Bidding Documents. By definition, the Site includes rights-of-way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor.

4.02 Existing Site Conditions

A. Subsurface and Physical Conditions; Hazardous Environmental Conditions

1. The Supplementary Conditions may identify:

a. reports, if any, prepared for the project by Owner of explorations and tests of subsurface conditions at the Site.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2

b. drawings, if any, prepared for the project by Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities).

2. Owner will make copies of reports and drawings referenced above available to any Bidder on request, if not included in the Bidding Documents. Bidder is responsible for any interpretation or conclusion Bidder draws from any data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

B. Underground Facilities: Information and data, if any, shown or indicated in the Bidding Documents with respect to existing Underground Facilities at the Site are set forth in the Contract Documents and are based upon information and data furnished to Owner and/or Engineer by owners of such Underground Facilities, including Owner or others, as owners of any such facilities.

C. Adequacy of Data: Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 5.03, 5.04, and 5.05 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 5.06 of the General Conditions.

Notwithstanding the foregoing or anything to the contrary in the General Conditions, in no event shall Bidder be entitled to equitable adjustments due to any such conditions except as mandated, if at all, by G.L. c.30, § 39N

4.03 Site Visit and Testing by Bidders

A. Bidder shall conduct any required Site visit during on the date/time prescribed, and if none, during normal working hours, and shall not disturb any ongoing operations at the Site.

B. Bidder is not required to conduct any subsurface testing.

C. On request, and to the extent Owner has control over the Site, and schedule permitting, the Owner may provide Bidder access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on Owner’s authority regarding the Site.

D. Bidder shall comply with all applicable Laws and Regulations, including those regarding excavation and location of utilities, obtain all permits, and comply with all terms and conditions established by Owner or by property owners or other entities controlling the Site with respect to schedule, access, existing operations, security, liability insurance, and applicable safety programs.

E. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3

4.04 Owner’s Safety Program

A. Site visits and work at the Site may be governed by an Owner safety program. As the General Conditions indicate, if an Owner safety program exists, it will be noted in the Supplementary Conditions.

4.05 Other Work at the Site

A. Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other work (if any) of which Owner is aware that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) and that relates to the Work contemplated by these Bidding Documents.

ARTICLE 5 – BIDDER’S REPRESENTATIONS

5.01 It is the responsibility of each Bidder before submitting a Bid to:

A. examine and carefully study the Bidding Documents, and any data and reference items identified in the Bidding Documents;

B. visit the Site, conduct a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfy itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work;

C. become familiar with and satisfy itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work;

D. carefully study all (if any): (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions or otherwise made available to Bidders, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions or otherwise made available to Bidders, especially with respect to Technical Data in such reports and drawings;

F. agree, based on the information and observations referred to in the preceding paragraph, that at the time of submitting its Bid, no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents;

G. become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents;

H. promptly, and before submitting a Bid, give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents;

I. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work;

and

J. agree that the submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4

By submitting a Bid, each Bidder will be deemed to have so done, agreed, and determined.

ARTICLE 6 – PRE-BID CONFERENCE

6.01 A Pre-bid conference will be held based on the information provided in the Advertisement for Bids.

ARTICLE 7 – INTERPRETATIONS AND ADDENDA

7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications or other responses considered necessary by Engineer in response to such questions will be issued by Addenda delivered to all parties recorded as having received the Bidding Documents. Questions received less than seven days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

Notwithstanding the foregoing, the Owner shall not be responsible for a Bidder’s failure to receive Addenda, and each Bidder must, before submitting a Bid, contact the Issuing Office to ensure that it has received all Addenda.

7.02 Addenda may also be issued to clarify, correct, supplement, or change the Bidding Documents.

ARTICLE 8 – BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of 5 percent of Bidder’s maximum Bid price (determined by adding the base bid and all alternates) and in the form of a certified check, bank money order, or a Bid bond issued by a surety meeting the requirements of Paragraphs 6.01 and 6.02 of the General Conditions, qualified to do business in Massachusetts, and satisfactory to the Owner.

8.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract Documents, furnished the required contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be released. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 10 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited.

8.03 The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven days after the Effective Date of the Contract or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be released.

8.04 Bid security of other Bidders that Owner believes do not have a reasonable chance of receiving the award will be released within seven days after the Bid opening.

ARTICLE 9 – CONTRACT TIMES

9.01 The number of days within which, or the dates by which, the Work is to be substantially complete and fully completed and ready for final payment are set forth in the Agreement.

ARTICLE 10 – LIQUIDATED DAMAGES

10.01 Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial Completion, or final completion of the Work are set forth in the Agreement.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5

ARTICLE 11 – SUBSTITUTE AND “OR-EQUAL” ITEMS

11.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration during the bidding and Contract award process of possible substitute or “or-equal” items. In cases in which the Contract or G.L.

c.30, § 39M(b), allows the Contractor to request that Engineer authorize the use of a substitute or “or-equal” item of material or equipment, application for such acceptance will not be considered by Engineer until after the Effective Date of the Contract.

ARTICLE 12 – SUBCONTRACTORS, SUPPLIERS, AND OTHERS

12.01 Not used

ARTICLE 13 – PREPARATION OF BID

13.01 The Bid Form is included with the Bidding Documents.

A. All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each section, Bid item, alternate, adjustment unit price item, and unit price item listed therein.

B. If the Bid Form expressly indicates that submitting pricing on a specific alternate item is optional, and Bidder elects to not furnish pricing for such optional alternate item, then Bidder may enter the words “No Bid” or “Not Applicable.” If, in such circumstances, a line is left blank, it will be deemed that the Bidder has elected not to furnish pricing for such optional alternate item.

13.02 A Bid by a corporation shall be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation shall be shown.

13.03 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature) authorized to bind the partnership, accompanied by evidence of authority to sign. The partnership’s address for receiving notices shall be shown.

13.04 A Bid by a limited liability company shall be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the firm’s address for receiving notices shall be shown.

13.05 A Bid by an individual shall show the Bidder’s name and address for receiving notices.

13.06 A Bid by a joint venture shall be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The joint venture’s address for receiving notices shall be shown.

13.07 All names shall be printed in ink below the signatures.

13.08 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form.

13.09 Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown.

13.10 The Bid shall contain evidence of Bidder’s authority and qualification to do business in the state where the Project is located. Bidder’s state contractor license number, if any, shall also be shown on the Bid Form.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6

ARTICLE 14 – BASIS OF BID

14.01 Base Bid with Alternates

A. Bidders shall submit a Bid on a lump sum basis for the base Bid and include a separate price for each alternate described in the Bidding Documents and as provided for in the Bid Form.

The price for each alternate will be the amount added to or deleted from the base Bid if Owner selects the alternate.

B. In the comparison of Bids, alternates will be applied in the same order of priority as listed in the Bid Form.

14.02 Unit Price

A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the unit price section of the Bid Form.

B. The “Bid Price” (sometimes referred to as the extended price) for each unit price Bid item will be the product of the “Estimated Quantity” (which Owner or its representative has set forth in the Bid Form for Bid comparison purposes) for the item and the corresponding “Bid Unit Price” offered by the Bidder. The total of all unit price Bid items will be the sum of these “Bid Prices”; such total will be added to any other lump sum bid amounts to arrive at the total “Bid Price”. The final quantities and Contract Price will be determined in accordance with Paragraph 13.03 of the General Conditions.

C. Discrepancies between the indicated products of the multiplication of units of Work and unit prices will be resolved in favor of the correct products. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

ARTICLE 15 – SUBMITTAL OF BID

15.01 With each copy of the Bidding Documents, a Bidder is furnished one separate unbound copy of the Bid Form, and, if required, the Bid Bond Form. The unbound copy of the Bid Form is to be completed and submitted with the Bid security and the other documents required to be submitted under the terms of Article 7 of the Bid Form.

15.02 A Bid shall be received no later than the date and time prescribed and at the place indicated in the advertisement or invitation to bid and shall be enclosed in a plainly marked package with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate package plainly marked on the outside with the notation “SEALED BID ENCLOSED.”

15.03 Bids received after the date and time prescribed for the opening of bids, or not submitted at the correct location or in the designated manner, will not be accepted and will be returned to the Bidder unopened.

ARTICLE 16 – MODIFICATION AND WITHDRAWAL OF BID

16.01 A Bid may be withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. Upon receipt of such notice, the unopened Bid will be returned to the Bidder.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7

16.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 16.01 and submit a new Bid prior to the date and time for the opening of Bids.

ARTICLE 17 – OPENING OF BIDS

17.01 Bids will be opened at the time and place indicated in the advertisement or invitation to bid and read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids. The opening and reading of a Bid shall not be deemed acceptance of the Bid.

ARTICLE 18 – BIDS TO REMAIN SUBJECT TO ACCEPTANCE

18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.

ARTICLE 19 – EVALUATION OF BIDS AND AWARD OF CONTRACT

19.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner will also reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible and eligible. If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, then the Owner will reject the Bid as nonresponsive; provided that Owner also reserves the right to waive all minor informalities.

19.02 If Owner awards the contract for the Work, such award shall be to the responsible and eligible Bidder submitting the lowest responsive Bid.

19.03 Evaluation of Bids

A. In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be set forth in the Bidding Documents and/or requested in the Bid Form.

B. In the comparison of Bids, alternates will be accepted, if at all and in Owner’s discretion, in the same order of priority as listed in the Bid Form. After determination of the Successful Bidder based on this process and on the responsiveness, and responsibility and eligibility of a Bidder, and other factors set forth in the Bidding Documents, the award may be made to said Successful Bidder on its Bid and any combination of its additive and deductive alternates accepted by Owner.

19.04 In evaluating whether a Bidder is responsible and eligible, Owner will consider the qualifications of the Bidder.

19.05 Owner may conduct such investigations as Owner deems necessary to establish the Bidder’s responsibility and eligibility, including the qualifications, and financial ability of Bidders.

ARTICLE 20 – BONDS AND INSURANCE

20.01 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance and payment bonds and insurance. When the

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 8

Successful Bidder delivers the Agreement (executed by Successful Bidder) to Owner, it shall be accompanied by required bonds and insurance documentation.

ARTICLE 21 – SIGNING OF AGREEMENT

21.01 When Owner issues a Notice of Award to the Successful Bidder, it shall be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within 10 days thereafter, Successful Bidder shall execute and deliver the required number of counterparts of the Agreement (and any bonds and insurance documentation required to be delivered by the Contract Documents) to Owner. Thereafter, Owner shall deliver one fully executed counterpart of the Agreement to Successful Bidder, together with printed and electronic copies of the Contract Documents as stated in Paragraph

2.02 of the General Conditions.

ARTICLE 22 – SALES AND USE TAXES

22.01 Owner is exempt from Massachusetts state sales and use taxes on materials and equipment to be incorporated in the Work. The exemption certificate number will be furnished to the Contractor.

Said taxes shall not be included in the Bid. Refer to Paragraph SC-7.09 of the Supplementary Conditions for additional information.

EJCDC® C-410, Bid Form Copyright© 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

BID FORM

TOWN OF PROVINCETOWN, MASSACHUSETTS

ARTICLE 1 – BID RECIPIENT

1.01 This Bid is submitted to:

Town of Provincetown 260 Commercial Street Provincetown, MA 02657

1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

ARTICLE 2 – BIDDER’S ACKNOWLEDGEMENTS

2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

ARTICLE 3 – BIDDER’S REPRESENTATIONS

3.01 In submitting this Bid, Bidder represents that:

A. Bidder has examined and carefully studied the Bidding Documents, and any data and reference items identified in the Bidding Documents, and hereby acknowledges receipt of the following Addenda:

Addendum No. Addendum, Date

B. Bidder has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfied itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

C. Bidder is familiar with and has satisfied itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work.

D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the

Copyright© 2013 National Society of Professional Engineers, American Council of Engineering Companies, Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings.

E. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and any Site-related reports and drawings identified in the Bidding Documents or made available to Bidder, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder’s safety precautions and programs.

F. Bidder agrees, based on the information and observations referred to in the preceding paragraph, that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents.

G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents.

H. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and confirms that it is satisfied with the Engineer’s response to such notice.

I. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work.

J. The submission of this Bid constitutes an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, and that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

ARTICLE 4 – BIDDER’S CERTIFICATION

4.01 Bidder certifies, under penalties of perjury, that:

A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation;

B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid;

C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and

D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.01.D:

1. “corrupt practice” means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process;

Copyright© 2013 National Society of Professional Engineers, American Council of Engineering Companies,

2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition;

3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and

4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the e execution of the Contract.

E. It has complied with any and all applicable state laws relating to taxes, reporting of employees and contractors, and the withholding and remitting of child support.

F. This Bid has been made in good faith and without collusion or fraud with any other person.

As used in this certification, the word “person” shall mean any natural person, business, partnership, corporation, union, committee, club, or other organization, entity of group of individuals.

G. It is not presently debarred from entering into a public contract in Massachusetts under the provisions of M.G.L. c. 29, § 29F, or any other applicable debarment provisions of any other chapter of the Massachusetts General Laws or any rule or regulation promulgated thereunder.

H. If a foreign corporation, that it is in compliance with G.L. c. 156D §§ 15.03 and 15.07 (as amended or superseded).

I. It is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed in the work; that all employees to be employed 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; and that all employees to be employed in the work subject to this bid 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.

ARTICLE 5 – BASIS OF BID

5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s).

Copyright© 2013 National Society of Professional Engineers, American Council of Engineering Companies, GENERAL

BID FORM

A. Schedule A: Lump Sum Bid Items - Lump sum items include all Work in the Contract Documents, exclusive of the Alternates and items specifically identified as Unit Price Work.

Item No. Description Total Price

1 Water System SCADA Improvements $

Subtotal $

B. Schedule B: Total Bid Price

1. Determination of the apparent low Bidder shall be based on the Total Bid Price.

2. All mathematical errors will be corrected. In case of a discrepancy between unit prices bid and extended totals, unit prices will govern. In case of discrepancy between the correct sum of individual bid items and the (incorrectly) calculated sum, the correct sum of individual bid items will govern.

Item No. Total Price

Schedule A Total (Lump Sum Bid Items) $

TOTAL BID PRICE $

TOTAL BID PRICE - CONTRACT NO. 1 (in words)

Copyright© 2013 National Society of Professional Engineers, American Council of Engineering Companies, ARTICLE 6 – TIME OF COMPLETION

6.01 Bidder agrees that the Work will be substantially complete, and will be fully completed and ready for final payment, in accordance with Paragraph 15.06 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement.

6.02 Bidder accepts the provisions of the Agreement as to liquidated damages.

ARTICLE 7 – ATTACHMENTS TO THIS BID

7.01 The following documents are submitted with and made a condition of this Bid:

A. Bid Bond;

B. Required Bid Security (5%);

C. Statement of Surety’s Intent;

D. List of Proposed Subcontractors;

E. List of Proposed Suppliers;

F. Contractor’s License Number or Evidence of Bidder’s Ability to obtain State Contractor’s License;

G. Qualifications Statement;

H. Certificate of Corporate Vote if Bidder is a Corporation;

I. Completed OSHA 10 Hour Training Certificate.

ARTICLE 8 – DEFINED TERMS

8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions.

Copyright© 2013 National Society of Professional Engineers, American Council of Engineering Companies, ARTICLE 9 – BID SUBMITTAL

BIDDER: [Indicate correct name of bidding entity]

By: [Signature]

[Printed name]

(If Bidder is a corporation, a limited liability company, a partnership, or a joint venture, attach evidence of authority to sign.)

Attest: [Signature]

[Printed name]

Title:

Submittal Date:

Address for giving notices:

Telephone Number:

Fax Number:

Contact Name and Email Address:

Bidder’s License No.:

(where applicable)

TOWN OF PROVINCETOWN BID SECURITY

BID SECURITY

(Attach bid security to this page if certified check)

TOWN OF PROVINCETOWN STATEMENT OF SURETY’S INTENT

STATEMENT OF SURETY’S INTENT

(To be completed if Bid Security is to be Certified or Bank Cashier’s Check)

To: _________________________________________________________________________________ (Owner)

We have reviewed the Bid of ________________________________________________________

(Contractor) of __________________________________________________________________________________

(Address) for _________________________________________________________________________________

(Project) bids for which will be received on __________________________________________________________

(Bid Opening Date) and wish to advise that should this Bid of the Contractor be accepted and the Contract awarded to him, it is our present intention to become surety on the performance bond and labor and material bond required by the Contract.

Any arrangement for the bonds required by the Contract is a matter between the Contractor and ourselves and we assume no liability to you or third parties if for any reason we do not execute the requisite bonds.

We are duly authorized to do business in the State of ____________________.

Attest:

Surety’s Authorized Signature(s)

Attach Power of Attorney

(Corporate seal, if any. If no seal, write “No Seal” across this page and sign)

(This form must be completed prior to the submission of the bid)

EJCDC® C-451, Qualifications Statement.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, QUALIFICATIONS STATEMENT

THE INFORMATION SUPPLIED IN THIS DOCUMENT IS CONFIDENTIAL TO THE EXTENT

PERMITTED BY LAWS AND REGULATIONS

1. SUBMITTED BY:

Official Name of Firm:

Address:

2. SUBMITTED TO:

3. SUBMITTED FOR:

Owner:

Project Name:

TYPE OF WORK:

4. CONTRACTOR'S CONTACT INFORMATION

Contact Person:

Title:

Phone:

Email:

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies,

5. AFFILIATED COMPANIES:

Name:

6. TYPE OF ORGANIZATION:

SOLE PROPRIETORSHIP

Name of Owner:

Doing Business As:

Date of Organization:

PARTNERSHIP

Date of Organization:

Type of Partnership:

Name of General Partner(s):

CORPORATION

State of Organization:

Date of Organization:

Executive Officers:

- President:

- Vice President(s):

- Treasurer:

- Secretary:

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, LIMITED LIABILITY COMPANY

State of Organization:

Date of Organization:

Members:

JOINT VENTURE

Sate of Organization:

Date of Organization:

Form of Organization:

Joint Venture Managing Partner

- Name:

- Address:

Joint Venture Managing Partner

Joint Venture Managing Partner

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies,

7. LICENSING

Jurisdiction:

Type of License:

License Number:

Jurisdiction:

Type of License:

License Number:

8. CERTIFICATIONS CERTIFIED BY:

Disadvantage Business Enterprise:

Minority Business Enterprise:

Woman Owned Enterprise:

Small Business Enterprise:

Other ( ):

9. BONDING INFORMATION

Bonding Company:

Bonding Agent:

Contact Name:

Aggregate Bonding Capacity:

Available Bonding Capacity as of date of this submittal:

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies,

10. FINANCIAL INFORMATION

Financial Institution:

Account Manager:

INCLUDE AS AN ATTACHMENT AN AUDITED BALANCE SHEET FOR EACH OF THE

LAST 3 YEARS

11. CONSTRUCTION EXPERIENCE:

Current Experience:

List on Schedule A all uncompleted projects currently under contract (If Joint Venture list each participant's projects separately).

Previous Experience:

List on Schedule B all projects completed within the last 5 Years (If Joint Venture list each participant's projects separately).

Has firm listed in Section 1 ever failed to complete a construction contract awarded to it?

YES NO

If YES, attach as an Attachment details including Project Owner's contact information.

Has any Corporate Officer, Partner, Joint Venture participant or Proprietor ever failed to complete a construction contract awarded to them in their name or when acting as a principal of another entity?

YES NO

If YES, attach as an Attachment details including Project Owner's contact information.

Are there any judgments, claims, disputes or litigation pending or outstanding involving the firm listed in Section 1 or any of its officers (or any of its partners if a partnership or any of the individual entities if a joint venture)?

YES NO

If YES, attach as an Attachment details including Project Owner's contact information.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies,

12. SAFETY PROGRAM:

Name of Contractor's Safety Officer:

Include the following as attachments:

Provide as an Attachment Contractor's (and Contractor's proposed Subcontractors and Suppliers furnishing or performing Work having a value in excess of 10 percent of the total amount of the Bid) OSHA No. 500- Log & Summary of Occupational Injuries & Illnesses for the past 5 years.

Provide as an Attachment Contractor's (and Contractor's proposed Subcontractors and Suppliers furnishing or performing Work having a value in excess of 10 percent of the total amount of the Bid) list of all OSHA Citations & Notifications of Penalty (monetary or other) received within the last 5 years (indicate disposition as applicable) - IF NONE SO STATE.

Provide as an Attachment Contractor's (and Contractor's proposed Subcontractors and Suppliers furnishing or performing Work having a value in excess of 10 percent of the total amount of the Bid) list of all safety citations or violations under any state all received within the last 5 years (indicate disposition as applicable) - IF NONE SO STATE.

Provide the following for the firm listed in Section V (and for each proposed Subcontractor furnishing or performing Work having a value in excess of 10 percent of the total amount of the Bid) the following (attach additional sheets as necessary):

Workers' compensation Experience Modification Rate (EMR) for the last 5 years:

YEAR EMR

YEAR EMR

YEAR EMR

YEAR EMR

YEAR EMR

Total Recordable Frequency Rate (TRFR) for the last 5 years:

YEAR TRFR

YEAR TRFR

YEAR TRFR

YEAR TRFR

YEAR TRFR

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, Total number of man-hours worked for the last 5 Years:

YEAR TOTAL NUMBER OF MAN-HOURS

YEAR TOTAL NUMBER OF MAN-HOURS

YEAR TOTAL NUMBER OF MAN-HOURS

Provide Contractor's (and Contractor's proposed Subcontractors and Suppliers furnishing or performing Work having a value in excess of 10 percent of the total amount of the Bid) Days Away From Work, Days of Restricted Work Activity or Job Transfer (DART) incidence rate for the particular industry or type of Work to be performed by Contractor and each of Contractor's proposed Subcontractors and Suppliers) for the last 5 years:

YEAR DART

YEAR DART

YEAR DART

YEAR DART

YEAR DART

13. EQUIPMENT:

MAJOR EQUIPMENT:

List on Schedule C all pieces of major equipment available for use on Owner's Project.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, I HEREBY CERTIFY THAT THE INFORMATION SUBMITTED HEREWITH, INCLUDING ANY ATTACHMENTS, IS

TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF.

NAME OF ORGANIZATION:

BY:

TITLE:

DATED:

NOTARY ATTEST:

SUBSCRIBED AND SWORN TO BEFORE ME

THIS DAY OF , 20___

NOTARY PUBLIC - STATE OF

MY COMMISSION EXPIRES:

REQUIRED ATTACHMENTS

1. Schedule A (Current Experience).

2. Schedule B (Previous…