FINAL COMPLETE_CONTRACT BID PACKAGE_Polpis Harbor Dredging_10_09_2018.pdf

Project Manual and Specifications

Polpis Harbor Maintenance Dredging

Town of Nantucket, MA

Issued for Bid

October 9, 2018

15 Creek Road Marion, MA 02738

Tel No. (508) 748-0937

TABLE OF CONTENTS

Section Number

BIDDING AND CONTRACT REQUIREMENTS

Invitation to Bid 00020

Instructions to Bidders 00100

Form of General Bid 00300

Certificate of Non-Collusion 00400

Tax Compliance Certification 00401

Draft Copy of Agreement 00500

Construction Performance Bond 00610

Construction Payment Bond 00620

TECHNICAL SPECIFICATIONS

General & Special Conditions 01000

Measurement & Payment 01100

Submittals 01300

Temporary Facilities 01500

Environmental Protection 01600

General Safety Requirements 01700

Site Preparation & Restoration 02000

Mechanical Dredging & Upland Disposal 02405

ATTACHMENTS

Attachment A MA Prevailing Wage Rates

Attachment B Environmental Permits

Attachment C Dredge Sediment Grain Size Data

Attachment D Trucking Route

Attachment E Contract Drawings (Cover Sheet; 2 Sheets)

Cover Sheet

Sheet 1 Dredge Plan & Typical Section

Sheet 2 Sediment Handling/Transfer and Upland Disposal

(Stockpile) Sites

Section 00020 Polpis Harbor Maintenance Dredging 10/09/2018

TOWN OF NANTUCKET

INVITATION FOR BIDS

POLPIS HARBOR MAINTENANCE DREDGING PROJECT

The Town of Nantucket, Massachusetts, the Awarding Authority, invites sealed bids for the maintenance dredging of an estimated ±10,885 cubic yards (CY) from the Polpis Harbor Entrance Channel using mechanical methods with the upland disposal (stockpiling) of sediments at the designated area located at 3 Shadbush Road off of New South Road, Nantucket, MA in accordance with the contract drawings and specifications. General Bidders may obtain complete sets of the Bidding Documents, including Bid Forms, online at http://www.nantucket-ma.gov/199/Procurement , 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 Maria Davis, Office Administrator, 508-325-4100 Ext- 5700, Monday – Friday, 8:00 am – 4:00 pm.

Sealed bids will be received up to October 25, 2018 at 2:00 p.m. at the Nantucket Police Department Administrative Office, 2nd Floor, 4 Fairgrounds Road, Nantucket, MA 02554 until the time specified below at which time the bids will be publicly opened and read.

Bids will be opened at the above location, Thursday, October 25, 2018 at 2:00 p.m. Each Bid must be accompanied by 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.

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 is contingent upon available funding.

Sealed bids shall be submitted on a form furnished by the Awarding Authority and clearly identified as a bid, endorsed with the name and address of the bidder, and the name of the project, and submitted to:

Maria Davis, Office Administrator Nantucket Police Department 4 Fairgrounds Road, Second Floor Nantucket, Massachusetts 02554 http://www.nantucket-ma.gov/199/Procurement

Section 00100 Polpis Harbor Maintenance Dredging 10/09/2018

INSTRUCTIONS TO BIDDERS

1. Receipt and Opening of Bids

The Town of Nantucket, Massachusetts, herein called the Owner, will receive sealed Bids for the maintenance dredging of the Polpis Harbor Entrance Channel using mechanical means and upland disposal (stockpiling) of sediments at the designated area located at 3 Shadbush Road off of New

South Road 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, The estimated construction cost for this Project is approximately $850,000.00

Bids are being solicited for this project. All sealed bids shall be submitted on a form furnished by the Awarding Authority and clearly identified as a bid, endorsed with the name and address of the bidder, and the name of the project and submitted to:

Maria Davis, Office Administrator

Nantucket Police Department, 4 Fairgrounds Road, Second Floor

Nantucket, Massachusetts 02554.

All bidders shall provide with their bids:

1) Form of General Bid (Section 00300, pages 1 through 8)

2) a Bid Bond, and

3) a signed Certificate of Non-collusion (Section 00400-1)

4) a signed Tax Compliance Certification (Section 00401-1)

Bids must be endorsed “Bid for Polpis Harbor Maintenance Dredging ” and must be received at the address listed above no later than 2:00 prevailing time, on October 25, 2018, at which time and place said bids will be opened and read aloud.

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 the maintenance dredging of up to an estimated ±10,885 cubic yards (CY) of sediments from the existing Entrance Channel which is located in Polpis Harbor using mechanical means. Sediments will be transported to and off-loaded at the Steamship Wharf located at 1

Steamboat Wharf, placed into trucks and transported to the designated upland disposal (stockpile) area located at 3 Shadbush Road off of New South Road, Nantucket, MA as more specifically described in the attached contract drawings and specifications.

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 form. All blank spaces for bid prices must filled in, in ink or typewritten, in both words and figures.

Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, his address, and endorsed with the name of the project as specified in Receipt and Opening of

Bids, above. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed as specified in Receipt and Opening of Bids, above.

4. Bid Opening Procedure

The following list of requirements shall apply to each bid. Bids not meeting all the requirements for timeliness and security will be rejected without opening; bids not meeting signature and addenda requirements will be rejected prior to checking of bid amounts.

Bids shall be filed at the place and before the time specified in Receipt and Opening of Bids, above.

Bid signatures will be checked.

All modifications to the bid documents will be issued electronically on the Town 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.

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. All those present at the bid opening may examine all bids after the bid opening and after the reading of the three apparent low bids.

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 information and data for this purpose as the Owner may request.

7. Conditions of Work

Each bidder must familiarize themselves fully with the 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.

8. 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.

Every request for such interpretation should be via email to the attention of Ms. Christine

Player, Owner’s Project Engineer, at Christine.Player@Foth.com to be given consideration must be received by no later than 12:00 PM on October 19, 2018. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications which, addenda will be made available online at www.nantucket-ma.gov/199/Procurement, no later than two days prior to the date fixed for the opening of bids.

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.

9. 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.

10. 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.

11. 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.

12. 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.

13. 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 his bid.

14. 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.

15. 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. Such checks will be returned to all except the three lowest responsible and eligible bidders within five 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 30 days, Saturdays, Sundays and holidays excluded, after the date of the opening of bids, upon demand of the bidder at any time thereafter.

16. 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, erasures not properly initialed, alterations, or similar irregularities, or the Owner may waive such omissions, conditions or irregularities.

17. 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.

18. Comparison of Bids

Bids will be compared on the basis of the price for the Work set forth in the submission of the

FORM OF GENERAL BID.

In the event that there is a discrepancy in 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 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.

19. 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.

20. 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.

21. Certificate of Eligibility and Update Statement

A certificate of eligibility issued by the Division of Capital Asset Management is not required.

22. 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 contract document.

23. 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.

24. Insurance

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

Section 00300-1 Polpis Harbor Maintenance Dredging 10/09/2018

SECTION 00300

FORM OF GENERAL BID

Bid of _________________________________________ (hereinafter called "Bidder")* a corporation, organized and existing under the laws of the state of: ________________________________________ a partnership a joint venture an individual doing business as

To the Town of Nantucket, Massachusetts (hereinafter called "Owner").

Gentlemen:

A) The undersigned Bidder, in compliance with your invitation for bids for the project known as, Polpis Harbor Maintenance Dredging, having examined the plans and specifications and related documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies, and to construct the project in accordance with the contract documents and the plans and specifications within the time set forth below, and at the prices stated below. These prices are to cover all expenses incurred in performing the work required under the contract documents, of which this bid is a part.

The Bidder hereby agrees to commence work on or before the date to be specified in written

"Notice to Proceed" of the Owner, and to fully complete the project by no later than January 14, 2019.

*Specify corporation, partnership or individual as applicable.

Section 00300-2 Polpis Harbor Maintenance Dredging 10/09/2018

B) Bidder acknowledges receipt of and this bid includes the following addenda:

Number:________ Dated:______________

Number:________ Dated:______________

Number:________ Dated:______________

Number:________ Dated:______________

C) The Bidder agrees to perform the bid work described in the specifications and shown on the plans for the following contract price:

_____________________________________________________________Dollars

(insert words and numbers. In cases of conflict between words and numbers, words shall control)

Section 00300-3 Polpis Harbor Maintenance Dredging 10/09/2018

REQUIRED BID SUBMITTAL FORM

SCHEDULE OF PRICES

NANTUCKET, MA

ITEM

NUMBER

QUANTITY ITEM WITH UNIT BID PRICE

WRITTEN IN WORDS

UNIT PRICE

DOLLARS CENTS

TOTAL AMOUNT

DOLLARS CENTS

02000-1 1 LS SEDIMENT HANDLING/TRANSFER AREA

Dollars ( ) per LUMP SUM

02405-1 1 LS MOBILIZATION/DEMOBILIZATION

02405-2 10,885 CY MECHANICAL DREDGING

per CUBIC YARD

02405-3 10,885 CY UPLAND SEDIMENT DISPOSAL AT

STOCKPILE AREA

per CUBIC YARD

02405-4 5 TONS DEBRIS REMOVAL & DISPOSAL

per TON

02405-5 5 TONS SPECIAL DEBRIS REMOVAL & DISPOSAL

per TON

02405-6 1 LS SITE PREPARATION & RESTORATION

UPLAND DISPOSAL (STOCKPILE) AREA

TOTAL BID AMOUNT

Section 00300-4 Polpis Harbor Maintenance Dredging 10/09/2018

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.

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

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.

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.

Bid security is attached 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.

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 undersigned offers the following information as evidence of his qualifications to perform the work as bid upon according to all the requirements of the plans and specifications.

1. Have been in business under present name for _____ years.

2. The names and addresses of all persons interested in the bid (if made by a partnership or corporation) as principals, are as follows:

(attach supplementary list if necessary)

Section 00300-5 Polpis Harbor Maintenance Dredging 10/09/2018

3. The bidder is requested to state below what work of a similar character to that included in the proposed contract he has done within the past five (5) years, and give references that will enable the Owner to judge his experience, skill and business standing (add supplementary page if necessary).

Completion Date: Project Name:

Contract Amount: Design Engineer:

Reference Name: Telephone Nbr:

Bank Reference:

(Name)

(Bank)

(Address)

(Telephone No.)

Section 00300-6 Polpis Harbor Maintenance Dredging 10/09/2018

CONTRACTOR EQUIPMENT LIST

Contractor is required to submit for review, copies of all applicable current inspections and certificates, as applicable. Use additional sheets as necessary.

Proposed Equipment:

Type/Name Manufacturer Age & Condition

Signed by:

Title:

Section 00300-7 Polpis Harbor Maintenance Dredging 10/09/2018

Pursuant to G.L. c.62C, §49A, I certify hereby in writing, under penalties of perjury, that the within named Bidder/Contractor has complied with all laws of the commonwealth relating to taxes, reporting of employees and contractors, and withholding and remitting of child support.

The undersigned Bidder hereby certifies under penalties of perjury, as follows: (1) that he/she is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed in the work; (2) 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 (3) 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.

The undersigned certifies under penalties of perjury that this bid is in all respects bona fide, fair and made without collusion or fraud with any other person. As used in this paragraph the word “person” shall mean any natural person, joint venture, partnership, corporation or other business or legal entity.

The undersigned bidder hereby certifies, under pains and penalties of perjury, that the foregoing bid is based upon the payment to laborers to be employed on the project of wages in an amount no less that the applicable prevailing wage rates established for the project by the Massachusetts Department of Labor and Workforce Development. The undersigned bidder agrees to indemnify the awarding authority for, from and against any loss, expense, damages, actions or claims, including any expense incurred in connection with any delay or stoppage of the project work arising out of or as a result of (1) the failure of the said bid to be based upon the payment of the said applicable prevailing wage rates or (2) the failure of the bidder, if selected as the contractor, to pay laborers employed on the project the said applicable prevailing wage rates.

Section 00300-8 Polpis Harbor Maintenance Dredging 10/09/2018

Respectfully submitted:

Date: By:

Signature

Type Name of Bidder

Title

Business Address

City, State, Zip

Telephone Number

PAGES 00300-1 thru 00300-8 MUST BE SUBMITTED WITH YOUR BID

Section 00400-1 Polpis Harbor Maintenance Dredging 10/09/2018

SECTION 00400

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 PAGE, 00400-1 MUST BE SUBMITTED WITH YOUR BID

Section 00401-1 Polpis Harbor Maintenance Dredging 10/09/2018

SECTION 00401

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 PAGE, 00401-1 MUST BE SUBMITTED WITH YOUR BID

Section 00500-1 Polpis Harbor Maintenance Dredging 10/09/2018

SECTION 00500

DRAFT CONTRACT

Section 00500-1 Polpis Harbor Maintenance Dredging 10/09/2018

Section 00500-2 Polpis Harbor Maintenance Dredging 10/09/2018

Section 00500-3 Polpis Harbor Maintenance Dredging 10/09/2018

Section 00500-4 Polpis Harbor Maintenance Dredging 10/09/2018

Section 00500-5 Polpis Harbor Maintenance Dredging 10/09/2018

Section 00500-6 Polpis Harbor Maintenance Dredging 10/09/2018

Section 00500-7 Polpis Harbor Maintenance Dredging 10/09/2018

Section 00500-8 Polpis Harbor Maintenance Dredging 10/09/2018

Section 00500-9 Polpis Harbor Maintenance Dredging 10/09/2018

Section 00500-10 Polpis Harbor Maintenance Dredging 10/09/2018

Section 00500-11 Polpis Harbor Maintenance Dredging 10/09/2018

Section 00500-12 Polpis Harbor Maintenance Dredging 10/09/2018

Section 00500-13 Polpis Harbor Maintenance Dredging 10/09/2018

Section 00610-1 Polpis Harbor Maintenance Dredging 10/09/2018

SECTION 00610

CONSTRUCTION PERFORMANCE BOND

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:

POLPIS HARBOR MAINTENANCE DREDGING

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.

Section 00610-2 Polpis Harbor Maintenance Dredging 10/09/2018

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 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 ,___________________, 2018, 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

ATTEST:

Witness to Surety Attorney-in-Fact

(Seal)

If Contractor is partnership, all partners must execute BOND.

Section 00620-1 Polpis Harbor Maintenance Dredging 10/09/2018

SECTION 00620

CONSTRUCTION PAYMENT BOND

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 ______________________, 2018 for the construction described as follows:

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.

Section 00620-2 Polpis Harbor Maintenance Dredging 10/09/2018

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 ____________________, 2018.

ATTEST: ____________________________________________

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

TECHNICAL SPECIFICATIONS

GENERAL AND SPECIAL CONDITIONS SECTION 01000-1

POLPIS HARBOR MAINTENANCE DREDGING

NANTUCKET, MA

SECTION 01000

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.

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 Project

Engineer and prepared for submission to the Owner. The Contractor shall coordinate any and all construction activities to allow the Project 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 Project Engineer in writing.

1.02 PROJECT SITE

A. The work to be performed is located within Polpis Harbor (dredge site), Steamship

Wharf (sediment handling/transfer site) and the upland disposal (stockpile) site that is located at 3 Shadbush Road off New South Road in Nantucket, MA 02554. The

GENERAL AND SPECIAL CONDITIONS SECTION 01000-2

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:

Polpis Harbor Maintenance Dredging

Nantucket, MA

Project plans are dated October 9, 2018 and consist of the Cover Sheet and Sheets

1 through 2 as prepared by Foth-CLE Engineering, 15 Creek Road, Marion, MA

02738 (dated 10/05/2018; stamped by Scott R. Skuncik, P.E.) and are on file with the Owner at the Nantucket Police Department, 4 Fairgrounds Road, Second Floor, Nantucket, Massachusetts 02554 along with any changes, drawings and direction(s) that may from time to time be furnished by the Owner.

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 Project Engineer. The Contractor is advised that environmental permits restricts dredging from January 15th through October 3rd of any given year. As such, all dredging shall be completed by no later than

January 14th, 2019.

C. The Contractor shall be required to prosecute said work diligently and to complete the furnishing all labor, materials, equipment, and incidentals for the mechanical dredging and upland disposal (stockpiling) of up to an estimated ±10,885 cubic yards (CY) of sediment as removed from the Polpis Harbor Entrance Channel. All dredging shall be completed by no later than January 14, 2019 in accordance with the Time of Year (TOY) restrictions identified in the environmental permits issued for this project.

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.

GENERAL AND SPECIAL CONDITIONS SECTION 01000-3

E. Hours of Operation: It is anticipated that dredging operations will be dependent on tides; therefore, dredging will be allowed 24 hours per day, seven (7) days per week, excluding holidays, for the entire specified construction period. The

Contractor will be responsible for coordinating directly with the Steamship

Authority (Elaine Mooney, Nantucket Terminal Manager, (508) 548-5011 ext. 259) to determine available times for the off-loading of dredge sediments at the

Steamship Wharf. Off-loading operations will be limited to the hours of 7:00 AM and 10:00 PM and must accommodate daily operations of the Steamship Authority.

F. The Contractor is advised that completion of this project is essential to meeting the state grant funding requirements that are currently in place for the project.

G. 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.

H. 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, at the Steamship Wharf, along roadways and at the upland stockpile area(s).

In addition, the Contractor shall plan his/her sequence of work understanding that the project may include areas within Polpis Harbor that could be susceptible to ice build-up.

J. In the event that all dredging activities are not completed on/before January 14, 2019, the Contractor shall demobilize and then re-mobilize to the project site no sooner than October 4, 2019 at no additional expense to the Owner and complete the dredging and disposal for the contract unit prices by no later than January 14, 2020. The Contractor will be responsible for the removal of any sediment that has accumulated within the established dredge area/depth upon the completion of dredging on January 14, 2019 and the re-commencement of operations on/after

October 4, 2019 at no additional cost to the Owner. Should the Contractor be required to re-mobilize to the site to complete all required construction activities, he/she will be responsible for all costs and efforts associated with obtaining any/all permits that may expire prior to returning to the site and any costs associated with the loss of state grant funding that has been allocated for this project. The

Contractor shall be fully responsible and shall indemnify to the fullest extent of the law the Owner for any fines, levy penalty charges incurred in prosecuting any portion of the work set forth herein.

GENERAL AND SPECIAL CONDITIONS SECTION 01000-4

1.05 CONTRACTOR’S LIABILITY INSURANCE

A. The Contractor shall purchase and maintain such insurance as will protect him 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 similar to that required of the Contractor shall be provided by or on behalf of all Sub-Contractors to cover their operations performed under the

Contract Documents. The Contractor shall be held responsible for compliance with and enforcement of the insurance requirements and for any modifications of these insurance requirements as they apply to Sub-Contractors. The Contractor shall not permit any Sub-Contractor commence work until such Sub-Contractor has furnished evidence that insurance has been procured and certificates of insurance have been obtained by the Contractor providing that, in the event of restrictions in or cancellation of Sub-Contractor policies, thirty (30) days advance written notice be given to Contractor by U.S. first class mail.

C. The Contractor shall purchase and maintain during the term of this Contract, at a minimum, comprehensive liability insurance including:

1. Commercial General Liability - $1,000,000 each occurrence; $2,000,000 general aggregate per project aggregate endorsement; $2,000,000 completed operations/products aggregate; $1,000,000 personal injury;

2. Auto Liability - $1,000,000 combined single limit including hired and non-owned auto and mobile equipment subject to registration/financial responsibility laws;

3. Workers’ Compensation - Statutory Limits;

4. Employers Liability - $100,000;

5. Bodily Injury each accident - $500,000;

6. Bodily Injury by Disease - the greater of the policy limit or $100,000 each employee; $500,000 aggregate.

7. Commercial Umbrella - $2,000,000 each occurrence; $4,000,000 general aggregate; $1,000,000 completed operations/products aggregate;

$1,000,000 personal injury.

Such insurance shall include at least the following:

1. Comprehensive general liability insurance, including all products, premises-operations, and completed operations liability, independent Contractors, additional interests of employees, incidental medical malpractice liability, GENERAL AND SPECIAL CONDITIONS SECTION 01000-5 including notice of occurrence and knowledge of occurrence endorsements satisfactory to the Owner.

2. Comprehensive business automobile liability insurance covering use of any motor vehicle to be used in conjunction with this contract with a minimum coverage of $1,000.000. A compulsory Massachusetts automobile policy is acceptable for vehicles registered in Massachusetts only.

3. Coverage for loading and unloading of any motor vehicle must be covered by endorsement to the comprehensive (or compulsory) automobile liability policy.

4. Blanket contractual liability insurance covering all liabilities assumed under the Contract Documents.

5. Personal injury coverage endorsement (coverage’s A, B, and C), with no exclusions for liability assumed contractually or injury sustained by employees of Contractor.

6. Excess Liability coverage in an amount which is to be no less $1,000,000.

7. Broad form coverage for damage to property of the Owner, as well as other third parties, while in the care, custody, or control of Contractor.

8. Coverage for “XCU” hazards (explosion, collapse of buildings, blasting, undermining, and damage to underground property). Before any blasting is done, Contractor shall present evidence that blasting damage is included in

Contractor’s insurance coverage.

9. Insurance sufficient to discharge its obligations under all applicable workers’ or workmen’s compensation laws of the territories and states of the

United States., the United States Longshoremen’s & Harbor Workers Act, the Jones Act and Admiralty or Maritime Law. 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.

10. Insurance similar to that required of the Contractor shall be provided by or on behalf of all Sub-Contractors to cover their operations performed under the Contract Documents. The Contractor shall be held responsible for compliance with and enforcement of the insurance requirements and for any modifications of these insurance requirements as they apply to Sub-

Contractors. The Contractor shall not permit any Sub-Contractor commence work until such time as the Sub-Contractor has furnished evidence that insurance has been procured and certificates of insurance have been obtained by the Contractor, forwarded to the Owner and provide that, in the event of restrictions in or cancellation of Sub-Contractor policies, thirty (30) days advance written notice be given to Contractor and Owner by registered mail.

GENERAL AND SPECIAL CONDITIONS SECTION 01000-6

11. 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 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.

12. 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.

13. 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.

14. 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.

15. Insurance sufficient to…