FY27 Ocean Street & Gosnold Street Improvements Page 1 of 104

TOWN OF BARNSTABLE

DEPARTMENT OF PUBLIC WORKS

FY27 Ocean Street & Gosnold Street Improvements

CONSULTING ENGINEER:

PROJECT MANAGER:

Apex Benny Hung, benny.hung@apexcos.com

Paul Graves, P.E., Sr. Project Manager

DATE ISSUED:

August 20, 2026 12:00pm noon

BIDS DUE: September 24, 2026 12:00pm noon

Virtual Bid Opening Via Zoom: hƩps://townoĩarnstable-us.zoom.us/j/84983030201

Non-Mandatory Pre-Bid Meeting Date:

August 27, 2026 10:00am

Pre-Bid Meeting Location: Department of Public Works 382 Falmouth Road Hyannis, MA 02601

Last Day To Submit Questions: September 10,2026 12:00pm noon

DIRECT BIDS TO: The Town’s Bonfire Online Procurement Portal:

https://townofbarnstable.bonfirehub.com

THIS PROJECT IS AVAILABLE ONLINE ONLY AND HARD COPY BIDS WILL NOT

BE ACCEPTED. IT IS THE BIDDERS SOLE RESPONSIBILITY TO FAMILIARIZE

THEMSELVES WITH THE BONFIRE ONLINE BID SUBMISSION PLATFORM AND

BID SUBMISSION PROCESS AND REQUIREMENTS.

Contact: Danielle Lamminen, Purchasing Agent, MCPPO Danielle.lamminen@barnstable.gov

All potential bidders are required to register on the Town of Barnstable Bonfire Online Procurement Portal:

https://towonfbarnstable.bonfirehub.com. This document and any addenda thereto are issued electronically only. It is the responsibility of every bidder who receives this bid document and all associated documents to check the Town of Barnstable Bonfire Bid Submission portal above for any addenda or modification to this solicitation, if they intend to respond. The Town of Barnstable accepts no liability to provide accommodation to bidders who submit a response based upon an out of date solicitation document or documents obtained from a source other than the Town. Bidders

FY27 Ocean Street & Gosnold Street Improvements Page 2 of 104 may not alter (manually or electronically) the bid language or any bid documents. Unauthorized modifications to the body of the bid, specifications, terms, or conditions, or which change the intent of this bid are prohibited and may disqualify a response.

Table of Contents

SECTION 1 – INVITATION FOR BID

SECTION 2 – INSTRUCTIONS TO BIDDERS

Subsection 1. SECURING DOCUMENTS Subsection 2. BID FORMS Subsection 3. BID SECURITY Subsection 4. DEFINITIONS Subsection 5. BIDDER'S REPRESENTATION Subsection 6. EXAMINATION OF BIDDING DOCUMENTS Subsection 7. ADDENDA Subsection 8. REJECTION OF BIDS Subsection 9. QUALIFICATIONS OF BIDDER Subsection 10. LABOR AND MATERIALS PAYMENT & PERFORMANCE BONDS Subsection 11. “OR EQUAL” CLAUSE:

Subsection 12. SUBSTITUTIONS Subsection 13. WORK TIME LIMITS Subsection 14. TAX EXEMPTION Subsection 15. ACCEPTANCE OF BIDS Subsection 16. TIME FOR EXECUTING CONTRACT AND PROVIDED CONTRACT BONDS .. 12 Subsection 17. PAYMENT OF EMPLOYEES Subsection 18. WITHDRAWAL OF BIDS Subsection 19. PRICE ADJUSTMENT CLAUSES (Fuel, Asphalt, Portland Cement, Steel as defined) 13

SECTION 3 – GENERAL CONDITIONS

ARTICLE 1. GENERAL PROVISIONS

ARTICLE 2. THE OWNER

ARTICLE 3. THE CONTRACTOR

ARTICLE 4. THE SUBCONTRACTORS

ARTICLE 5. WAGES AND EMPLOYMENT PRACTICES

ARTICLE 6. EQUAL EMPLOYMENT OPPORTUNITY & AFFIRMATIVE ACTION

ARTICLE 7. CONTRACTOR’S ACCOUNTING METHODS AND REQUIREMENTS

ARTICLE 8. THE CONSULTING ENGINEER

ARTICLE 9. CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS

ARTICLE 10. CHANGES IN THE WORK

ARTICLE 11. TIME

ARTICLE 12. PAYMENTS AND COMPLETION

ARTICLE 13. PROTECTION OF PERSONS AND PROPERTY

FY27 Ocean Street & Gosnold Street Improvements Page 3 of 104

ARTICLE 14. INSURANCE AND BONDS

ARTICLE 15. UNCOVERING AND CORRECTION OF WORK

ARTICLE 16. TESTS, INSPECTIONS AND APPROVALS

ARTICLE 17. TERMINATION OR SUSPENSION OF THE CONTRACT

ARTICLE 18. CLAIMS AND DISPUTES

ARTICLE 19. MISCELLANEOUS PROVISIONS

ARTICLE 20. TRAFFIC CONTROL AND BARRICADES

ARTICLE 21. PARTIAL AWARD

ARTICLE 22. PRE-BID CONFERENCE

ARTICLE 23. ROAD OPENING/TRENCH PERMIT

ARTICLE 24. NOTIFICATION OF UTILITIES

SECTION 4 – SPECIAL CONDITIONS

SECTION 5 – BID SUBMITTAL REQUIREMENTS

REQUIRED BID SUBMITTAL FORM – FORM FOR GENERAL BID

REQUIRED BID SUBMITTAL FORM- SCHEDULE OF PRICES___________________________77

REQUIRED BID SUBMITTAL FORM – COMBINED CERTIFICATIONS

REQUIRED BID SUBMITTAL FORM – CONTRACTOR REFERENCES

REQUIRED BID SUBMITTAL FORM – LIST OF SUB-CONTRACORS

REQUIRED BID SUBMITTAL FORM – LIST OF ALL EQUIPMENT TO BE USED

SECTION 6 – N/A

SECTION 7 – PREVAILING WAGE RATES

SECTION 8 - OWNER-CONTRACTOR CONTRACT FORM

SECTION 9 – LABOR AND MATERIALS PAYMENT BOND

SECTION 10 – PERFORMANCE BOND

SECTION 11 – ACCEPTANCE OF BID NOTICE

SECTION 12 – APPLICATION & CERTIFICATION FOR PAYMENT

SECTION 13 – TAX EXEMPTION NUMBER

SECTION 14 – TOWN OF BARNSTABLE CHANGE ORDER

SECTION 15 – NOTICE TO PROCEED

APPENDIX A Town of Barnstable Fuel Adjustment Clauses Barnstable Rev 8/2018 DOCUMENT 00811- Speciation Provisions, Monthly Price Adjustment for Hot Mix Asphalt (HMA) Mixtures DOCUMENT 00812 - Speciation Provisions, Monthly Price Adjustment for Diesel Fuel and Gasoline 98 DOCUMENT 00813 - Speciation Provisions, Price Adjustment for Structural Steel and Reinforcing Steel DOCUMENT 00814 - Speciation Provisions, Price Adjustment for Portland Cement Concrete Mixes 102

SECTION 16 - Supplemental General & Special Conditions Separate pdf SECTION 17 - Technical Specifications - Separate PDF

Project Estimate: $ 1,070,000.00

Prevailing Wages Apply dated: 7/28/2026

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All bid documents are posted online on the Town of Barnstable Bonfire Procurement Portal. It is the bidders’ responsibility to ensure that you have downloaded all posted documents for this bid.

All Addendums are also issued in the Bonfire system.

Please be sure to register as a user on the Town’s Bonfire Procurement Portal:

https://townofbarnstable.bonfirehub.com and login to view project obtain documents, submit bids and receive updates.

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SECTION 1 – INVITATION FOR BID

TOWN OF BARNSTABLE

INVITATION FOR BID

The Procurement Office on behalf of the Department of Public Works is requesting bids for the following:

FY27 OCEAN STREET & GOSNOLD STREET IMPROVEMENTS

Bid specifications and Bid documents are available online only on the Town’s Bonfire Procurement Portal: https://townofbarnstable.bonfirehub.com where they are publicly available as of 8/20/2026 at 12:00pm noon. Questions are due by Noon on 9/10/2026 in the Vendor Discussion section of the online Procurement Portal.

A non-mandatory, pre-bid meeting will take place at the DPW Conference room on 8/27/2026 at 10:00AM at the Department of Public Works, 382 Falmouth Road, Hyannis, MA 02601.

BIDS are due on or before 12:00 noon on 9/24/2026. ONLY BIDS SUBMITTED THROUGH THE TOWN’S BONFIRE ONLINE PROCUREMENT PORTAL WILL BE ACCEPTED. It is the Bidders’ sole responsibility to familiarize themselves with the Bonfire Online Procurement Portal requirements and submission process. Virtual Bid Opening Via ZOOM:

https://townofbarnstable-us.zoom.us/j/84983030201

This Project involves furnishing all labor, materials and equipment necessary to improve guardrails, drainage, path lighting, fencing, bollards, curb ramps, sidewalks, traffic signs, crosswalks, pavement resurfacing, pavement markings and other associated improvements.

To receive consideration, Bids shall be submitted no later than the above date and time for the opening.

The successful bidder will be required to furnish a Labor and Materials Payment Bond and a Performance Bond each in the amount of one hundred percent (100%) of the contract amount.

To receive consideration, Bids shall be submitted on the appropriate forms no later than the above date and time schedule for the opening. Bids must be accompanied by a bid security in the amount of five percent (5%) of the Bid Price in the form of a bid bond or certified, treasurer’s or cashier’s check issued by a responsible bank or trust company. If submitting cashier’s checks they must be received in the Procurement Office Lockbox before the bid close date. If, upon acceptance of the bid, a Bidder fails to enter into a Contract with the Town of Barnstable, the bid security shall be forfeited to and become the property of the Town.

LIQUIDATED DAMAGES: Contractor and Owner recognize that time is of the essence and that Owner will suffer financial loss if the Work is not completed within the times specified in the Contract, plus any extensions thereof allowed in accordance the General Conditions and this contract. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner $1,000.00 for each day that expires after the time specified in the Contract for Substantial Completion until the Work is substantially complete unless otherwise extended per an agreed and approved change order for work that was not included in the original bid. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner $1,000.00 for

FY27 Ocean Street & Gosnold Street Improvements Page 6 of 104 each day that expires after the time specified in the Contract for completion and readiness for final payment until the Work is completed and ready for final payment.

Full compliance with Federal, State and Municipal Wage Laws is required of all work done for the Town of Barnstable. Minimum Wage Rates as determined by the Commissioner of Department of Labor and Industries under the provision of the Massachusetts General Laws, Chapter 149, Section 26 to 27D, as amended, apply to this project. It is the responsibility of the 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. Prevailing Wage Rates dated 7/28/2026 are applicable to this project.

All bidders shall be required to provide Certification of Occupational Safety and Health Administration (OSHA) Training in accordance with Massachusetts General Law 30: Section 39S, as amended by Chapter 306 of the Acts of 2004, effective 7/1/06.

Bidders are not to include in their Bid sales and compensating use taxes on materials and supplies purchased for this project. All materials used are tax exempt.

Contractors shall be required to comply with all applicable Massachusetts General Laws, Chapter 30 S.39M, and other applicable Massachusetts General Laws.

A weekly certified payroll submittal shall be required of the successful bidder in accordance with MGL C149, S27B. No payments will be made by the Town until all payroll information necessary for the Town to determine compliance with prevailing wage law requirements for the time period of the payment request have been submitted.

The Contractor shall not discriminate with regard to the personnel employed on this project on the basis of race, color, creed, national origin, gender, sexual preference, handicap or age.

The Town of Barnstable reserves the right to reject any or all Bids or waive any formalities that appear to be in the best interest of the Town. A Bid which includes, for any item, a bid that is abnormally low or high may be rejected as unbalanced. The right is also reserved to accept any Bid deemed to be best for the Town of Barnstable. In any event, bids to be deemed acceptable shall comply in each and every way with all applicable Massachusetts General Laws.

All inquiries with respect to this Invitation to Bid and the Contract Documents, including the Plans and Specifications, must be in writing through the Bonfire online procurement portal by the time and date listed above.

Please contact Bonfire at Support@goBonfire.com for technical questions related to your submission or visit Bonfire’s help forum at https://bonfirehub.zendesk.com/hc.

END OF SECTION

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SECTION 2 – INSTRUCTIONS TO BIDDERS

INSTRUCTIONS TO BIDDERS

Subsection 1. SECURING DOCUMENTS

A. The Invitation for Bid, Instructions to Bidders, General Conditions, Special Conditions, Bid Drawings and Specifications, all Addenda issued prior to the execution of the Owner- Contractor Contract, Performance and Labor and Materials Payment Bonds, all amendments, Change Orders and written interpretations of the Contract Documents issued by the Town, Labor Rates, completed Bid and supporting forms signed and submitted by the Contractor, Applications and Certification for Payment, Owner- Contractor Contract and all other documents in these Project Specifications and Drawings referenced in the Contract compose the Contract Documents.

B. All questions regarding this invitation to bid should be made in writing and submitted through the Town’s Bonfire online procurement portal in the Vendor Discussion section in the FY27 Ocean Street & Gosnold Street Improvements project file. All bid documents are available on the Town of Barnstable’s Bonfire procurement portal at:

https://townofbarnstable.bonfirehub.com.

Subsection 2. BID FORMS

A. All bid responses will be received on the Town’s Bonfire online procurement portal:

https://townofbarnstable.bonfirehub.com prior to the date and time specified in this Invitation to Bid. All required documents must be submitted in the format as specified, all fields must be completed as specified and the documents must be submitted the correct project folder in order for the bid response to be complete. Hard copy bid responses will not be accepted.

B. All bids must be submitted per the above instructions. It is the responsibility of the bidder to ensure that bids are delivered to the specified location prior to the time and date designated.

C. The Town may consider informal any bid not prepared and submitted in accordance with the provisions hereof and may waive any informalities or reject any and all bids, except as limited under the General Laws, Chapters 30 and 149, applicable sections, as amended to date.

D. Any bid received after the time and date designated will not be considered. A bid will not be considered delivered unless the bid has been received online by the Town’s Bonfire Online Procurement Portal (in the correct project) prior to the date and time specified in this document. The official date and time shall be the date and time showing online at https://townofbarnstable.bonfirehub.com.

E. All bidders must note the maximum upload file size 1000MB. Do not embed any documents within uploaded files, as they will not be accessible or evaluated.

F. Bid Table response templates can be obtained at https://townofbarnstable.bonfirehub.com. NOTE THAT BID TABLES MAY TAKE A

SIGNIFICANT AMOUNT OF TIME TO PREPARE.

G. Bids must upload submissions at https://townofbarnstable.bonfirehub.com. Bidder’s submissions must be uploaded, submitted and finalized prior to the Closing Time and Due date posted in the portal. The Town strongly recommends that bidders give themselves sufficient time and at least one (1) day before the Due Date to begin the uploading process and to finalize its submission

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H. Bidders will receive an email confirmation receipt from the Bonfire portal with a unique confirmation number once its submission is finalized.

I. Minimum system requirements: Internet Explorer 11, Microsoft Edge, Google Chrome, or Mozilla Firefox. JavaScript must be enabled, Browser cookies must be enabled.

Subsection 3. BID SECURITY

A. Bid Security in the amount of FIVE PERCENT (5%) of the bid dollars (this includes all alternates, if any included in this bid) shall accompany each bid submittal. At the option of the Bidder, the security may be a bid bond issued by a surety authorized to do business in the Commonwealth, certified check, or treasurer's or cashier's check issued by a responsible bank or trust company, payable to the Town of Barnstable. A copy of the BID Security needs to be uploaded to the procurement portal in the correct project file. If submitting a check the original check needs to be received in the Procurement Office Lockbox, 367 Main Street, Hyannis, MA 02601 prior to bid closing. Personal or business checks will not be accepted.

B. The bid security shall secure the execution of the Contract.

C. Should any bidder to whom an award is made fail to enter into a Contract therefore within ten (10) days, Saturdays, Sundays, and legal holidays excluded, after notice of award has been mailed to him or fail within such time to furnish Performance and Payment Bonds as required, the amount so received from such bidder through their bond, certified check, treasurer's or cashier's check as bid deposit shall become the property of the Town of Barnstable, as liquidated damages; provided that the amount of the bid deposit which becomes the property of the Town of Barnstable shall not, in any event, exceed the difference between their bid price and the bid price of the next lowest responsible and eligible bidder; and that provided further that in the case of death, disability, bona fide clerical or mechanical error of a substantial nature, or other unforeseen circumstances affecting the bidder, their deposit shall be returned to them.

D. Bid deposits of the three lowest responsible and eligible bidders will be held by the Awarding Authority during the time stipulated for the execution of the contracts and the submission of the performance bonds, and may be disposed of in such a manner as will accomplish the purpose for which they are submitted. After expiration of such period, bid guarantees not disposed, or the amounts thereof, will be returned within five (5) days, Saturdays, Sundays and legal holidays excluded.

Subsection 4. DEFINITIONS

A. All definitions set forth in the General Conditions are applicable to all bidding documents, which include the Advertisement, Instructions to Bidders, Addenda issued prior to receipt of general bids.

B. Addenda are written or graphic instruments issued prior to the execution of the contract which modify or interpret the bidding documents, including drawings and specifications, by additions, deletions, clarifications or corrections. Addenda will become part of the Contract Documents upon execution of the Contract.

Subsection 5. BIDDER'S REPRESENTATION

A. Each bidder, in submitting their Bid, represents that they have read and understand the bidding documents, reports, test results, drawings, or other such documents provided by the Town pursuant to this bid.

B. Each bidder represents that they have visited the site, familiarized themselves with the local conditions under which the work is to be performed, compared the site with the drawings and specifications, satisfied themselves of the conditions of delivery, handling

FY27 Ocean Street & Gosnold Street Improvements Page 9 of 104 and storage of materials, and all other matters that may be incidental to the work that may affect: 1) the cost, progress or performance of the work; 2) the means, methods, techniques, sequences and procedures of construction; and 3) the bidder’s safety precautions and programs, before submitting their Bid.

C. Each bidder agrees at the time of submitting its bid that 1) the bidding documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the work; and 2) 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(s) bid and within the times required, and in accordance with the other terms and conditions of the bidding documents.

D. Each bidder is familiar with all federal, state and local laws and regulations that may affect cost, progress or performance of the work.

E. Each bidder represents that their bid is based upon the materials and equipment described in the bidding documents, including any addenda issued thereto.

F. The submission of a bid will constitute an incontrovertible representation by the bidder that: 1) the bidder has complied with every requirement of this Section; 2) without exception, the bid submitted is premised upon performing and furnishing the work required by the bidding documents and applying any specific means, methods, techniques, sequences and procedures of construction that may be shown or indicated or expressly required by the bidding documents; 3) the bidder has given the Town written notice of all conflicts, errors, ambiguities and discrepancies that the bidder has discovered in the bidding documents and the written resolutions thereof by the Town are acceptable to the bidder; and 4) the bidding documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the work. No allowance will subsequently be made to the successful bidder by reason of any error or omission on his part, due to his neglect in complying with the requirements of this article, except with respect to conflicts with the General Laws.

Subsection 6. EXAMINATION OF BIDDING DOCUMENTS

Each bidder shall examine the bidding documents carefully and, not later than date stated in IFB shall make a written request through the Vendor Discussion section in the project file on the Town’s Bonfire Procurement Portal for interpretation or correction of any ambiguity, inconsistency or error therein which they may discover. Any interpretation or correction will be issued as an addendum and posted in the procurement portal. Only interpretations or correction by addendum shall be binding. No bidder shall rely upon any interpretation or correction given by any other method.

Subsection 7. ADDENDA

A. Prior to the receipt of the bids, addenda will be available for inspection on the Town’s procurement portal.

B. Addenda issued during the time of bidding shall be listed on Bid forms in the space provided. Failure of a bidder to receive any addendum shall not release the bidder from any obligations under their bid, provided said addendum was sent by e-mail. Bidders shall check the Town’s Bonfire Online Procurement Portal at https://townofbarnstable.bonfirehub.comto verify number of addendums prior to submitting bid.

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Subsection 8. REJECTION OF BIDS

The bidder acknowledges the right of the Town of Barnstable to reject any or all bids and to waive any informality or irregularity in any bid received. In addition, the bidder recognizes the right of the Town of Barnstable to reject a bid if the bidder fails to furnish any required bid security, or fails to submit the data required by the bidding documents, or if the bid is in any way incomplete or irregular.

Subsection 9. QUALIFICATIONS OF BIDDER

A. Any bidder, if requested, shall submit a financial statement, experience records, and an equipment schedule, on forms to be provided by the Town of Barnstable. Financial statements shall reflect true financial conditions of bidder within three months prior to date of bid opening and shall be validated by a Certified Public Accountant.

B. A bidder, in order to be eligible for the contract, must be able to show their financial ability to carry on the work until the project is complete and accepted by the Town of Barnstable.

C. Experience references provided must be relevant in size and scope to the work being bid on and current. Town reserves the right to request additional financial or reference information.

D. In evaluating the qualifications of bidders, the Town will consider past performance with the Town and outside references. Negative or poor references or poor performance on past work/projects for the Town shall constitute a reason to consider the bid non-responsible.

Subsection 10. LABOR AND MATERIALS PAYMENT & PERFORMANCE BONDS

A. Within ten (10) days after the date of Notice of Award of Contract, Saturdays, Sundays and legal holidays excluded, the bidder to whom the award is made shall furnish a performance bond and labor and materials bond, each equal to the full amount of the contract price, including accepted alternates (if applicable) to guarantee the faithful performance of all terms, covenants and conditions of the same. The bonds are to be issued by an acceptable bonding company qualified to do business under the laws of the Commonwealth of Massachusetts and satisfactory to the Town of Barnstable. Bonds must be in the form specified by the Town of Barnstable.

B. The performance bond shall guarantee the satisfactory completion of the project and that the contractor will make good any faults or defects in their work which may develop during the period of said guarantee as a result of improper or defective workmanship, material or apparatus. The full performance bond shall remain in effect until final payment is received by the Contractor or until any warranty period under the Contract expires, whichever is later.

The payment bond shall guarantee that the contractor shall pay in full all persons, firms or corporations who furnish labor or material or both labor and materials for, or on account of the work included herein. Payment bonds will be in effect until such time as the contractor furnishes proof that payment in full has been made for all materials used on the contract work. The bonds shall be paid for by the contractor. The Town of Barnstable shall have the right to demand proof that parties signing the bonds are duly authorized to do so.

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C. Every such bond shall have a power of attorney attached thereto, authorizing the Town of Barnstable to enter judgment thereon in any court in the United States of America or elsewhere against the obligors therein named for the amount therein named and shall be conditioned for the honest and faithful compliance with all provisions of the bidder or bidders.

D. Separate Performance Bond and Labor and Materials Payment Bond forms shall be provided with Notice of Acceptance.

Subsection 11. “OR EQUAL” CLAUSE:

(Statutory reference: M.G.L. Ch.30, §39M(b)) Where products, materials or equipment are prescribed by manufacturer name, trade name, or catalog reference, the word “or approved equal” shall be understood to follow. An item shall be considered equal to the item so named or described if, in the opinion of the Consulting Engineer:

a. it is at least equal in quality, durability, appearance, strength and design;

b. it performs at least equally the function imposed by the general design for the public work being contracted for or the material being purchased; and

c. it conforms substantially, even with deviations, to the detailed requirements for the items as indicated by the specifications.

Any structural or mechanical changes made necessary to accommodate substituted Equipment under this paragraph shall be at the expense of the Contractor or Subcontractor responsible for the work item. See other paragraphs of the General Conditions for any procedures that may be used in determining compliance with the standards of this paragraph.

Subsection 12. SUBSTITUTIONS

A. The Bid shall be based on using the materials or products as specified and provided.

Where several materials are specified by name for one use, any of those so specified may be supplied.

B. Whenever the specified products or class of materials is specified exclusively by trade name, by manufacturer’s name or by catalog reference, only such items shall be used, unless the Town’s written approval for substitution is secured in accordance with the Conditions of the Contract.

Subsection 13. WORK TIME LIMITS

A. Contractor shall furnish a proposed construction schedule, in writing, with their bid. A final construction schedule shall be submitted at the time of delivery of the properly executed contract, bonds and certificates of insurance to the Awarding Authority, allowing for completion of the contract work prior to the date specified below and appearing on the Contract Form. Thereupon the Town of Barnstable will review the completed documents and proposed schedule, ask for revisions or corrections, or issue a "NOTICE TO PROCEED" indicating its Contract with final contract terms.

The construction schedule shall be added as an exhibit to the contract and will contain construction start dates and substantial completion dates measured in days following the Notice to Commence. Failure to meet both the commencement date and/or the substantial completion date, and any other dates set forth in the

FY27 Ocean Street & Gosnold Street Improvements Page 12 of 104 construction schedule, unless extended by the town in writing prior to the indicated date’s, shall be deemed a default of a material condition of the contract.

B. The completion date for all of the work to be performed under this contract is

05/14/2027. Construction may begin following the receipt of notice to proceed and approval of all required Contractor submittals.

Subsection 14. TAX EXEMPTION

The project is exempt from payment of Massachusetts sales tax to the extent permitted by MGL Ch. 64H, Subsection 6F. Exemption Certificate E-046-001-079 shall be used in lieu thereof and will be provided in the signed contract documents.

Subsection 15. ACCEPTANCE OF BIDS

Within thirty (30) days after the opening of the Bids the Town of Barnstable will act upon them. The acceptance of a Bid will be a Notice of Acceptance in writing signed by a duly authorized representative of the Town of Barnstable and accompanied by Performance and Labor and Materials Payment Bond forms. No other act of the Town of Barnstable shall constitute the acceptance of a Bid. The acceptance of the Bid shall bind the successful bidder to the contract. The rights and obligations provided for in the contract shall become effective and binding upon the parties only upon its formal execution.

Subsection 16. TIME FOR EXECUTING CONTRACT AND PROVIDED CONTRACT

BONDS

Any contractor whose Bid shall be accepted will be required to execute the contract and furnish contract bonds within ten (10) days, Saturdays, Sundays and legal holidays excluded after the notice that the contract has been awarded to them.

Subsection 17. PAYMENT OF EMPLOYEES

A. For work done in the Town of Barnstable, the payment for employees of the Contractor and any or all Sub-contractors and suppliers shall comply with the wage scale current at the commencement of construction, as published by the Department of Labor and Industries, under provisions of the Massachusetts General Laws. The Contractor and each of his Sub-contractors and suppliers shall pay each of their employees engaged in work on the project under the contract in full, less deductions made mandatory by law, and not less often than once a week. All forms required by local authorities, the Commonwealth of Massachusetts, and the United States Government, shall be properly submitted. No payments will be made on any application for payment until all required payroll and Affirmative Action/Equal Opportunity information for the period covered by the application has been submitted to the Town.

B. A copy of applicable wage rate schedules is attached and forms part of the contract documents. For MULTI-YEAR projects, Awarding Authorities must request and provide to contractor, an Annual Update to this Prevailing Wage Schedule each year for the duration of the project, no later than two weeks before the anniversary date of the execution of the general contract. Annual updates are not required for projects that last LESS THAN ONE YEAR. Updated rates do not impact the contract value as the contractor is to take into account contract duration in pricing the initial bid.

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Subsection 18. WITHDRAWAL OF BIDS

A. At any time prior to the scheduled closing time for receipt of Bids, any bidder may withdraw his Bid, either personally or by email or written request. If withdrawal is made personally, proper receipt shall be given therefore.

B. After the scheduled time for receipt of Bids and before award of contract, no bidder will be permitted to withdraw his Bid unless said award is delayed for a period exceeding thirty (30) days. Negligence on the part of the bidder in preparing his bid confers no rights for the withdrawal of the Bid after it has been opened.

Subsection 19. PRICE ADJUSTMENT CLAUSES (Fuel, Asphalt, Portland Cement, Steel as defined)

A. In accordance with Massachusetts General Laws, Chapter 30, Section 38A, Price adjustment clauses are applicable to this project for Diesel Fuel and Gasoline, Hot Mix Asphalt, Portland Cement Concrete Mixes, and Structural Steel and Reinforcing Steel and are included per Appendix A.

END OF SECTION

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SECTION 3 – GENERAL CONDITIONS

ARTICLE 1. GENERAL PROVISIONS

1.1 CONTRACT DOCUMENTS:

The following Documents form the Contract and what is required by any one shall be as binding as if required by all:

a. Invitation for Bid

b. Instructions to Bidders

c. General Conditions

d. Special Conditions

e. Bid Drawings and Technical Specifications

f. All Addenda issued prior to the execution of this Contract

g. Performance and Labor and Materials Payment Bonds

h. All amendments, Change Orders, and written interpretations of the

i. Contract Documents issued by the Town

j. Labor Rates

k. Completed Bid and supporting forms signed and submitted by

l. Contractor

m. Owner-Contractor Contract

n. All other documents in these Project Specifications and Drawings referenced in the Bid compose the Contract Documents.

The intention of the Contract Documents is to include all labor, materials, equipment and other items necessary for the proper execution and completion of the Work and the terms and conditions of payment therefore, and also to include all Work which may be reasonably inferable from the Contract Documents as being necessary to produce the intended results.

The Contract Documents are intended to be complementary; however, any inconsistency, ambiguity or conflict among the Contract Documents shall be resolved in the following order of precedence (with (i) having the highest priority) and in the manner most favorable to the Town: (i) Contract Modifications; (ii) Owner-Contractor Contract; (iii) General Conditions of the Contract; (iv) Drawings and Specifications.

1.1.1 One copy of the Contract Documents shall be signed by the Town of Barnstable and the Contractor. By executing the Contract, the Contractor represents that he has visited the site and familiarized himself with the local conditions under which the Work is to be performed.

1.1.2 The Contract Document represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Change Order. The Contract Documents shall not be construed to create a contractual relationship of any kind between 1) the Contractor and the Consulting Engineer or the Consulting Engineer’s consultants, 2) the Owner and a Subcontractor or a Sub-subcontractor, 3) the Owner and the Consulting Engineer or the Consulting Engineer’s consultants, or 4) any persons or entities other than the Owner and the Contractor. The Consulting Engineer shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Consulting Engineer’s duties.

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1.2 WORK:

The term “Work” as used in the Contract Documents includes all labor necessary to produce the construction required by the Contract Documents, and all permits, materials and equipment incorporated or to be incorporated in such construction.

1.2.1 Organization of the Specifications into divisions, sections or articles of Work, and arrangement of Drawings, shall not control the Contractor in dividing the Work among Subcontractors.

1.3 PROJECT:

The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner and by separate contractors.

1.4 DRAWINGS & SPECIFICATIONS:

The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship for the Work, and performance of related services.

Each of these are produced for the purpose of the Contractor providing a formal bid for consideration by the Owner.

1.5 INSTRUMENTS OF SERVICE:

Instruments of Service are representations, in any medium of expression now known or later developed, of the tangible and intangible creative work performed by the Consulting Engineer and the Consulting Engineer’s consultants under their respective professional services Contracts. Instruments of Service may include, without limitation, studies, surveys, models, sketches, drawings, specifications, and other similar materials.

1.6 INTERPRETATION:

In the interest of brevity, the Contract Documents frequently omit modifying words such as “all” and “any” and articles such as “the” and “an”, but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement.

1.7 USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF

SERVICE:

The Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are authorized to use and reproduce the drawings, specifications and other Instruments of Service provided to them solely and exclusively for execution of the Work. All copies made under this authorization shall bear the copyright notice, if any, shown on said documents.

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The Contractor, Subcontractors, Sub-subcontractors, and material or equipment suppliers may not use said documents on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner, Consulting Engineer and the Consulting Engineer’s consultants.

ARTICLE 2. THE OWNER

2.1 GENERAL:

The terms “Owner” or “awarding authority” is the Town of Barnstable and is referred to throughout the Contract Documents as if singular in number. The term “Owner” means the owner’s authorized representative, the Owner’s Project Manager and/or Town Engineer or any other employee or agent of the Owner. With the exception of Article 8 or any other provision herein which grants the Consulting Engineer certain decision-making responsibilities, the Owner’s Project Manager shall exercise authority, responsibility or otherwise bind the Owner with respect to all matters requiring the Owner’s approval in any portion of the Work.

2.2 OWNER’S PROJECT REPRESENTATIVE:

The Town of Barnstable’s Representative for this project and Owner’s Project Manager will be: Paul Graves, P.E. Senior Project Manager for the Town of Barnstable. Once the project contract is signed, all project questions, shop drawings, samples and requirements for approvals shall be directed to:

Town of Barnstable Attn: Paul Graves, P.E. Senior Project Manager Department of Public Works 382 Falmouth Road Hyannis, MA 02601 Phone: (774)-487-0641 Paul.graves@barnstable.gov

2.2.1 The Owner’s Project Manager shall represent the Owner throughout this Project.

The Owner’s Project Manager shall be responsible for all services associated with the management of the project. The Owner’s Project Manager shall not have any responsibility for the design or the construction of the project. Such responsibilities shall remain with the Consulting Engineer and Contractor.

2.3 OWNER’S RIGHT TO ACCESS WORK SITE:

The Owner shall at all times have access to the Work wherever it is in preparation and progress. The Owner will make periodic visits to the site to become thoroughly familiar with the progress and quality of the Work in accordance with the Contract Documents. On the basis of on-site observations, the Owner’s Project Representative will endeavor to guard against defects and deficiencies in the Work of the Contractor. The Owner will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Owner will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, and the Owner will not be responsible for the Contractor's failure to carry out the Work in accordance with Contract Documents.

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2.4 INFORMATION AND SERVICES REQUIRED OF THE OWNER:

The Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness.

2.4.1 As deemed necessary by the Owner, the Owner shall furnish surveys describing physical characteristics and utility locations for the site of the Project.

2.4.2 The Owner will be, in the first instance, the interpreter of the requirements of the Contract Documents.

2.4.3 AutoCad files will be released to the Contractor for use for construction and in the preparation of record drawings of the Project to be provided upon completion of the Project to the Consulting Engineer for review and submission to the Owner.

2.4.4 The Owner shall receive from the Contractor periodic Applications for Payment for work performed by the Contractor. Based on observations, site visits and other such information, the Owner shall determine amounts owed to the Contractor and will issue Certificates for Payment in accordance with Article 12 herein.

2.5 OWNER’S RIGHT TO STOP THE WORK:

If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as required by Article 15.2 in its entirety, or repeatedly fails to carry out Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity.

2.6 OWNER’S RIGHT TO CARRY OUT THE WORK:

If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten (10) day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case, an appropriate Change Order shall be issued, deducting from payments, then or thereafter due to the Contractor, the reasonable cost of correcting such deficiencies, including Owner’s expenses and compensation for the Consulting Engineer’s additional services made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Consulting Engineer. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner.

ARTICLE 3. THE CONTRACTOR

3.1 GENERAL:

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The Contractor is the person or entity identified as such in the Contract and is referred to throughout the Contract Documents as if singular in number. The Contractor shall be lawfully licensed, if required in the Commonwealth of Massachusetts where the Project is located. The Contractor shall designate in writing a representative who shall have the express authority to bind the Contractor with respect to all matters under this Contract. The term “Contractor” means the Contractor or the Contractor’s authorized representative.

3.1.1 The Contractor shall perform the Work in accordance with the Contract Documents.

3.1.2 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Consulting Engineer in the Consulting Engineer’s administration of the Contract, or by tests, inspections or approvals required or performed by persons or entities other than the Contractor.

3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY

CONTRACTOR:

Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents.

3.2.1 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Article 2.4, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall promptly report to the Consulting Engineer any errors, inconsistencies or omissions discovered by or made known to the Contractor as a Request for Information in such form as the Consulting Engineer may require. It is recognized that the Contractor’s review is made in the Contractor’s capacity as a contractor and not as a licensed design professional, unless otherwise specifically provided in the Contract Documents.

3.2.2 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor shall promptly report to the Consulting Engineer any nonconformity discovered by or made known to the Contractor as a Request for Information in such form as the Consulting Engineer may require.

3.2.3 If the Contractor believes that additional cost or time is involved because of clarifications or instructions that the Consulting Engineer issues in response to the Contractor’s notices or Requests for Information pursuant to Article 3.2.1 or 3.2.2, the Contractor shall make Claims as provided in Article 18. If the Contractor fails to perform the obligations of Articles 3.2.1 or 3.2.2, the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations. If the Contractor performs those obligations, the Contractor shall not be liable to the Owner or Consulting Engineer for damages resulting from errors, inconsistencies or omissions in the Contract Documents, for differences between field

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3.2.4 The Contractor shall reimburse the Owner for costs incurred by the Consulting Engineer for design and construction administration services which are caused by the Contractor’s inefficient or otherwise faulty administration or execution of its Work. These may include, but are not limited to the cost of the Consulting Engineer or Owner’s Project Manager to perform:

a. Repeated review of the Contractor’s submittals and resubmittals substantially out of sequence from the submittal schedule provided by the Contractor and agreed to by the Consulting Engineer;

b. An extensive number of responses to the Contractor’s Requests for Information where such information is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner-provided information, Contractor-prepared coordination drawings, or prior Project correspondence or documentation;

c. An extensive number of Change Orders and Change Directives requiring evaluation of Bids and the preparation or revision of Instruments of Service and not otherwise caused by the design defects of the Consulting Engineer;

d. Consultation regarding replacement of Work resulting from fire or other cause during construction;

e. Evaluation of an extensive number of claims not otherwise caused by design defects;

f. Evaluation of substitutions proposed by the Contractor and making subsequent revisions to Instruments of Service resulting therefrom;

g. Preparation of design and documentation for alternate bid or Bid requests proposed by the Contractor; or

h. Contract administration services provided 45 days or more after Substantial

Completion.

3.2.5 The Contractor shall conduct a preconstruction inspection of the worksite and notify the Owner in writing of any existing damage to the property or any unsafe conditions at the site prior to commencing the Work.

3.3 AUDIO VIDEO RECORDING SITE CONDITIONS:

Except as stipulated otherwise in the supplemental conditions, the Contractor shall submit a quality audio-video recording documenting Pre-Construction field conditions for the entire project and adjacent areas within 50 feet of the limits of work.