Pavement Markings Program 2026

TOWN OF FALMOUTH, MASSACHUSETTS
DEPARTMENT OF PUBLIC WORKS
REQUEST FOR SERVICES
FOR
APPLICATION OF PAVEMENT MARKINGS
VARIOUS LOCATIONS THROUGHOUT FALMOUTH
2026
DIRECTOR OF PUBLIC WORKS
Peter M. McConarty, P.E., P.L.S.
Falmouth Department of Public Works 416 Gifford Street Falmouth, MA 02540
Phone: (508) 457-2543 FAX: (508) 548-1537

General Conditions
Table of Contents
ARTICLE 1 - DEFINITION OF TERMS
ARTICLE 2 - CONTRACT DOCUMENTS, INTENT, AMENDING, AND REUSE
ARTICLE 3 - CONTRACTOR'S LIABILITY INSURANCE
ARTICLE 4 - CONTRACTOR'S RESPONSIBILITIES
ARTICLE 5 - UNIT PRICE WORK
ARTICLE 6 - WARRANTY AND GUARANTEE; TESTS AND INSPECTION;
CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK
ARTICLE 7 - PAYMENT BONDS
ARTICLE 8 - EFFECTIVE DATE
ARTICLE 9 - CHANGES IN THE WORK
ARTICLE 10 - ENGINEER ______________ _______
ARTICLE 11 - WAGE RATES
ARTICLE 12 - TERMINATION OF CONTRACT
ARTICLE 13 - MISCELLANEOUS

ARTICLE I - DEFINITIONS OF TERMS
1. County means the County of Barnstable, MA through the County Commissioners.
2. Successful Bidder means the lowest, qualified, responsible, and responsive Bidder to whom the
Town makes an award.
3. Owner means the following entities/municipalities participating in this contract in
Massachusetts: Barnstable, Brewster, Dennis, Eastham, Falmouth, Harwich, Orleans, Sandwich,
Wellfleet and Yarmouth.
4. Town means the individual town identified in the "Owner"
5. Designer, Architect, Engineer or any pronoun or phrase in place thereof: N/A Designer(s) shall
perform the duties and exercise the rights herein conferred. In the case of death, resignation,
inability or refusal of said Designer to act, or the termination of his employment, the County
may appoint another person as Designer of which notice shall be given in writing to the
Contractor, which person shall perform all the duties and exercise all the rights of the Designer
hereunder.
6. Contractor or General Contractor or a pronoun in place of it: the party or parties Contracting to
perform the work covered by this Contract or the legal representatives of said party or parties.
7. Superintendent or Construction Supervisor or a pronoun in place of it: the competent,
responsible employee regularly employed by the Contractor and designated to be in full time
attendance at the project site throughout the prosecution and progress of the work and who
shall have complete authority to act for the Contractor.
8. As Directed, As Permitted, As Required, As Determined or words of like effect: the direction,
permission, requirement or determination of the Designer. Similarly, approved, acceptable,
satisfactory or words of like import shall mean approved by or acceptable or satisfactory to the
Designer, except as may be otherwise determined by the Director.
9. Or equal or words of like import: equal in the opinion of the Designer except as may be
otherwise determined by the County pursuant to the provisions of G.L. Chapter 30, section 39M.
10. Contract Documents or Contract: the Notice to Contractors, Information to Bidders, Form of
General Bid, Contract, General Conditions, Specifications and Plans and all addenda issued
during the bidding period, change orders and policies and procedures of the County attached
hereto or referred to, all of which constitute one instrument.
11. Mass State Building Code: all applicable rules and regulations to which the County is subject and
which are contained in the code authorized by Chapter 802 of the Acts of 1972 including all
amendments thereto.
12. Plan(s):drawing(s).

13. Change Order: a written order not requiring the consent of the Contractor, signed by the
Awarding Authority or the Director and designated as an approved change order, directing the
Contractor to make changes in the work within the general scope of the Contract, or, any
written or oral order from the Awarding Authority or the Director which causes any change in
the work, provided that the Contractor gives the County written notice stating the date,
circumstances, and source of the order and that the Contractor regards the order as a change
order.
14. Contract Modification: any written alteration in plans or specifications, period of performance,
price, quantity, or any other provisions of the Contract accomplished by mutual action of the
parties to the Contract.
Where reference is made in the Contract documents to Publications, Standards or Codes issued by
Associations or Societies, the intent shall be to specify the current edition of such publication or
standard including revision in effect on the date of the Contract advertisement notwithstanding any
reference to a particular date.
ARTICLE 2 - CONTRACT DOCUMENTS, INTENT, AMENDING, AND REUSE
Intent:
2.1 The Contract Documents comprise the entire Agreement between the COUNTY and CONTRACTOR
concerning the Work. The Contract Documents are complementary: what is called for by one is as
binding as if called for by all. The Contract Documents will be construed in accordance with the law
of the place of the Project.
2.2 It is the intent of the Contract Documents to describe a functionally complete Project or Service (or
part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or
equipment that may reasonably be inferred from the Contract Documents as being required to
produce the intended result will be supplied whether or not specifically called for. When words
which have a well-known technical or trade meaning are used to describe Work, materials or
equipment such words shall be interpreted in accordance with that meaning. Reference to standard
specifications, manuals or codes of any technical society, organization or association, or to the Laws
or Regulations of any governmental authority, whether such reference be specific or by implication,
shall mean the latest standard specification, manual, code or Laws or Regulations in effect at the
time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as
may be otherwise specifically stated. However, no provision of any referenced standard
specification, manual or code (whether or not specifically incorporated by reference in the Contract
Documents) shall be effective to change the duties and responsibilities of the County, the Towns or
CONTRACTOR, or any of their agents or employees from those set forth in the Contract Documents,
nor the Notice to Proceed.
ARTICLE 3 CONTRACTOR'S LIABILITY INSURANCE
3.1 CONTRACTOR shall purchase and maintain such comprehensive general liability and other
insurance as is appropriate for the Work being performed and furnished and as will provide protection
from claims set forth below which may arise out of or result from CONTRACTOR'S performance and
furnishing of the Work and CONTRACTOR'S other obligations under the Contract Documents, whether it
is to be performed or furnished by CONTRACTOR, by any Subcontractor, by anyone directly or indirectly

employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of
them may be liable:
3.1.1 Claims under workers' or workmen's compensation, disability benefits and other similar
employee benefit acts;
3.1.2 Claims for damages because of bodily injury, occupational sickness or disease, or death
of CONTRACTOR'S employees;
3.1.3 Claims for damages because of bodily injury, sickness or disease, or death of any person
other than CONTRACTOR'S employees;
3.1.4 Claims for damages insured by personal injury liability coverage which are sustained (a)
by any person as a result of an offense directly or indirectly related to the employment of such person
by CONTRACTOR, or (b) by any other person for any other reason;
3.1.5 Claims for damages, other than to the Work itself, because of injury to or destruction of
tangible property wherever located, including loss of use resulting therefrom;
3.1.6 Claims arising out of operation of Laws or Regulations for damages because of bodily
injury or death of any person or for damage to property; and
3.1.7 Claims for damages because of bodily injury or death of any person or property damage
arising out of the ownership, maintenance or use of any motor vehicle.
The insurance required above shall include the specific coverages and be written for not less than the
limits of liability and coverages provided as follows:
1. Workmen's Compensation: In accordance with the Workmen's Compensation
Laws that are applicable to the employees engaged in the Work. The limit of
Employer's Liability Insurance shall be not less than $500,000 each accident.
2. Public Liability Insurance for Personal Injury:
a. Individual limit of $1,000,000 each person.
b. Total limit of $ 3,000,000 for each accident.
3. Property Damage Insurance:
a. Each claim $ 1,000,000.
b. Aggregate $ 3,000,000.
4. If the CONTRACTOR sublets any portion of his work, then he shall also provide:
a. Contractor's Protective Liability Insurance:
(1) Individual limit for personal injury of $1,000,000.
(2) Total limit for personal injury for one accident of $3,000,000.
b. Contractor's Protective Property Damage Insurance with a limit of
$1,000,000/$3,000,000.

Any Subcontractor under contract with CONTRACTOR to perform Work on the Project shall hold the
County, the Towns and agents harmless, and purchase and maintain such comprehensive general
liability and other insurance as will provide protection from claims set forth herein.
The County and the Towns shall be specifically named as additional insureds on all required insurance
policies of the CONTRACTOR and any Subcontractors.
In addition, CONTRACTOR shall maintain such completed operations insurance for at least one year after
final payment and furnish the County with evidence of continuation of such insurance at final payment.
ARTICLE 4 - CONTRACTOR'S RESPONSIBILITIES
Supervision and Superintendence:
4.1 CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such
attention thereto and applying such skills and expertise as may be necessary to perform the Work in
accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means,
methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be
responsible for the negligence of others in the design or selection of a specific means, method,
technique, sequence or procedure of construction which is indicated in and required by the Contract
Documents. CONTRACTOR shall be responsible to see that the finished Work complies accurately with
the Contract Documents.
Labor, Materials and Equipment
4.2 CONTRACTOR shall provide competent, suitably qualified personnel to survey and lay out the
Work and perform construction as required by the Contract Documents. CONTRACTOR shall at all times
maintain good discipline and order at the site. Except in connection with the safety or protection of
persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in
the Contract Documents, all Work at the site shall be performed during regular working hours, and
CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday or any
legal holiday without the County or Owner's written consent.
4.3 All materials and equipment shall be of good quality and new, except as otherwise provided in
the Contract Documents. If required by the County or a Owner, CONTRACTOR shall furnish satisfactory
evidence (including reports of required tests) as to the kind and quality of materials and equipment. All
materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned
in accordance with the instructions of the applicable Supplier.
Laws and Regulations
4.4 CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to
furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws
and Regulations, the County or Owners shall not be responsible for monitoring CONTRACTOR'S
compliance with any Laws or Regulations.

Taxes
4.5 State taxes will be excluded from all General and Sub-bids. The Towns shall provide their
exemption certificate number(s) to the CONTRACTOR. CONTRACTOR shall pay all taxes required to be
paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are
applicable during the performance of the Work.
Use of Premises
4.6 CONTRACTOR shall confine construction equipment, the storage of materials and equipment
and the operations of workers to the Project site and land and areas identified in and permitted by the
Contract Documents and other land and areas permitted by Laws and Regulations, rights-of-way,
permits and easements, and shall not unreasonably encumber the premises with construction
equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any
damage to any such land or area, or to the owner or occupant thereof or of any land or areas contiguous
thereto, resulting from the performance of the Work. Should any claim be made against the County or
any Town by any such owner or occupant because of the performance of the Work, CONTRACTOR shall
promptly attempt to settle with such other party by agreement or otherwise resolve the claim by
arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations,
indemnify and hold the County and all Towns harmless from and against all claims, damages, losses and
expenses (including, but not limited to, fees of engineers, architects, attorneys and other professionals
and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or
equitable, brought by any such other party against the County and all Towns to the extent based on a
claim arising out of CONTRACTOR'S performance of the Work.
Safety and Protection
4.7 CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Work (examples: OSHA Regulations regarding
Excavation safety: 29 CFR Part 1926 and Confined Space Procedures: 29 CFR 1910.146). CONTRACTOR
shall take all necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
4.7.1 all employees on the Work and other persons and organizations who may be effected
thereby:
4.7.2 all the Work and materials and equipment to be incorporated there-in, whether in
storage on or off the site; and
4.7.3 other property at the site or adjacent thereto, including trees, shrubs, lawns, walks,
pavements, roadways, structures, utilities and Underground Facilities not designated for removal,
relocation or replacement in the course of construction.
CONTRACTOR shall comply with all applicable Laws, regulations and Guidelines of any public body
(examples: OSHA, DIGSAFE, MHD Work Zone Safety Guidelines) having jurisdiction for the safety of
persons or property or to protect them from damage, injury or loss; and shall erect and maintain all

necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent
property and of Underground Facilities and utility owners when prosecution of the Work may affect
them, and shall cooperate with them in the protection, removal, relocation and replacement of their
property. All damage, injury or loss to any property referred to in paragraph 3.7.1 or 3.7.2 caused,
directly or indirectly, in whole or in part, by CONTRACTOR, any sub-contractor, supplier or any other
person or organization directly or indirectly employed by any of them to perform or furnish any of the
Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except
damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of the
County or any Towns or anyone employed or contracted by any of them or anyone for whose acts either
of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or
negligence of CONTRACTOR). CONTRACTOR'S duties and responsibilities for the safety and protection of
the Work shall continue until such time as all the Work is completed.
Indemnification
4.8 To the fullest extent permitted by Laws and Regulations CONTRACTOR shall indemnify and hold
harmless the County, the Towns and their consultants, agents and employees from and against all
claims, damages, losses and expenses, direct, indirect or consequential (including but no limited to fees
and charges of engineers, architects, attorneys and other professionals and court and arbitration costs)
arising out of or resulting from the performance of the Work.
Separate Contracts
4.9 The Towns have the right to let other contracts in connection with the Work and the
CONTRACTOR shall properly cooperate with any such other contractors.
Invoicing
4.10 Each Town shall be solely responsible for payment of invoices due to Contractor for quantities
ordered and received by that Town only or for the project awarded.
4.10.1 "As per MGL, Chapter 7, section 22, each political subdivision participating in this bid is
solely responsible for any payment due vendor for its share of such purchase. Barnstable County, as
lead purchasing agent shall not be liable for payment or for any claim based upon a breach of warranty
or defects in the design, manufacture or installation of material, supplies or equipment purchase
pursuant to this bid."
4.11 Award Price.
The County or Towns shall pay and the Contractor shall receive as full compensation for everything
furnished and done by the Contractor under the Contract, including all work required but not included in
the items hereinafter mentioned, and also for all loss or damage arising out of the nature of the work
aforesaid, or from the action of the elements or from any difficulty incurred by or in consequence of the
suspension or discontinuance of the work as herein specified, and for well and faithfully completing the
work, and the whole thereof, as herein provided, as follows:

_____________________________________________________________________________________
ARTICLE 5 - UNIT PRICE WORK
5.1 Initially, the Contract Price will be deemed to include for Unit Price Work an amount equal to
the established unit price for each separately identified item of Unit Price Work times the estimated
quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price
Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial
Contract Price. Determinations of the actual quantities and classification of Unit Price Work performed
by CONTRACTOR will be made by each Town.
5.2 Each unit price will be deemed to include an amount considered by CONTRACTOR to be
adequate to cover CONTRACTOR'S overhead and profit for each separately identified item.
5.3 When the accepted quantities of Work vary from the estimated quantities, the CONTRACTOR shall
accept as payment in full, so far as contract items are concerned, payment at the original Contract unit
prices for the accepted quantities of Work done. No allowance will be made for any increased expenses,
loss of expected reimbursement or loss of anticipated profits suffered or claimed by the Contractor,
resulting either directly or indirectly from such increased or decreased quantities.
5.4 The CONTRACTOR shall make monthly estimates of the materials complete in place for the
amount of Work performed in accordance with the Contract. The estimates will be itemized for review
and approval by each Town. Each estimate will show the total value of the Work done to date, the total
money due the CONTRACTOR since the previous estimate and the money paid the CONTRACTOR to
date. This estimate will be considered approximate only and shall be subject to correction. Five (5%)
percent of all payments due the CONTRACTOR for Work done and materials furnished will be withheld
until final completion of the Work. The acceptance by the CONTRACTOR of the final payment, including
the retainage of five (5%) percent, shall operate as a release to the specific Town of all claims and all
liabilities to the CONTRACTOR for all Work done or materials furnished in connection with the Contract.
Final payment shall be as provided in G.L. Ch.30, Section 39G. The payment to the CONTRACTOR of said
final payment does not, however, release them or their sureties from any obligation under this contract.
5.5 It shall be the responsibility of the CONTRACTOR to inform each Town when the sum of all
orders for units of work is within 90% of the total Contract price for that Town. The CONTRACTOR'S total
billing cannot exceed the total Contract price without prior written approval by each Town.
5.6 All monies not paid when due hereunder shall bear interest at the maximum rate allowed by law
at the place of the Project.
ARTICLE 6 - WARRANTY AND GUARANTEE; TESTS AND INSPECTION; CORRECTION, REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK
Warranty and Guarantee

6.1 CONTRACTOR warrants and guarantees to the County and the Towns that all Work will be in
accordance with the Contract Documents and will not be DEFECTIVE. Prompt notice of all defects shall
be given to CONTRACTOR. All DEFECTIVE Work, whether or not in place, may be rejected, corrected or
accepted as provided in this Article.
Access to Work
6.2 The County's or Town's representatives, testing agencies and governmental agencies with
jurisdictional interests will have access to the Work at reasonable times for their observation, inspecting
and testing. CONTRACTOR shall provide proper and safe conditions for such access.
Tests and Inspections
6.3 CONTRACTOR shall give each Town timely notice of readiness of the Work for all required
inspections, tests or approvals. CONTRACTOR shall furnish written information to each Town stating the
original sources of all materials manufactured away from the actual site of the Work. In order to insure
a proper time sequence for required inspection and approval, this information shall be furnished at least
two weeks in advance of the incorporation in the Work of any such materials.
6.4 If any Work (including the work of others) that is to be inspected, tested or approved is covered
without written concurrence of a specific Town, it must, if requested by that Town, be uncovered for
observation. Such uncovering shall be at CONTRACTOR'S expense unless CONTRACTOR has given that
Town timely notice of CONTRACTOR'S intention to cover the same and that Town has not acted with
reasonable promptness in response to such notice.
6.5 Neither observations by the County or a Town, nor inspection, tests or approvals by others shall
relieve CONTRACTOR from CONTRACTOR'S obligations to perform the Work in accordance with the
Contract Documents.
Two Year Correction Period
6.6 If within two (2) years after the date of Completion or such longer period of time as may be
prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the
Contract Documents or by any specific provision of the Contract Documents, any Work is found to be
DEFECTIVE, CONTRACTOR shall promptly, without cost to the Town and in accordance with Town's
written instructions, either correct such DEFECTIVE Work, or, if it has been rejected by the Town,
remove it from the site and replace it with NONDEFECTIVE Work. If CONTRACTOR does not promptly
comply with the terms of such instructions, or in an emergency where delay would cause serious risk of
loss or damage, the Town may have the DEFECTIVE Work corrected or the rejected Work removed and
replaced, and all direct, indirect and consequential costs of such removal and replacement (including but
not limited to fees and charges of engineers, architects, attorneys and other professionals) will be paid
by CONTRACTOR. In special circumstances where a particular item of equipment is placed in continuous