CARLISLE PUBLIC SCHOOL CLASSROOM FLOORING PROJECT

CARLISLE, MASSACHUSETTS

INVITATION FOR BID

BID NO. CPS-04

The Town of Carlisle, through the Select Board “the Awarding Authority”, invites sealed bids for the Carlisle Public School Classroom Flooring Project as described In the project's specifications. The specifications can be found in Appendix A of this document.

Bidding procedures shall be in accordance with the provisions of M.G.L. Chapter 149.

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 and Bid Number of the project, and submitted to:

Town Administrator 66 Westford Street Carlisle, MA 01741

And received no later than the times set forth below, when they will forthwith be opened and read aloud at this location.

Sealed bids submitted electronically for the General Contract will be received until 2pm on September 02, 2026

All bids must be mailed or personally delivered to the Awarding Authority, in accordance with the procedures set forth in the INSTRUCTIONS TO BIDDERS.

Every General Bid shall be accompanied by a bid deposit, in an amount not less than five percent (5%) of the bid amount, in the form of a bid bond; or a certified check; or a treasurer's check; or by cashier's check issued by a responsible bank or trust company, made payable to the Town of Carlisle.

All project documents will available on the Town’s website:

https://www.carlislema.gov/1088/Procurement. Contract documents will be available after 8am on August 5, 2026.

Each bidder is advised to visit the site for the proposed work, become fully acquainted with conditions as they exist, and thoroughly examine the Contract Documents. Failure of any bidder to visit the site and to examine the Contract Documents shall in no way relieve the bidder from any obligation with regard to the bid as submitted.

Arrangements for site visitation, during the bidding period, may be made in the manner set forth in the INSTRUCTIONS TO BIDDERS.

An optional pre-bid conference will be held at 83 School Street, Carlisle, MA 01741 at 9am on August 13, 2026.

The Successful Bidder will be required to provide a labor and materials payment bond, issued by a company authorized to do business in Massachusetts and satisfactory to the Awarding Authority, each bond being in the amount of 50 percent of the Contract Amount.

The minimum wages to be paid for all labor on the project are established in a schedule issued by the Department of Labor and Workforce Development, in accordance with Section 26A – 27D, or Chapter 149 of the M.G.L., as amended, said schedule being made a part of the Contract Documents and is included therein.

Materials, equipment and supplies to be used on this project are exempt from sales tax to the extent provided by M.G.L. Chapter 64H, Section 6 (f).

The successful Bidder must agree to commence work upon receipt of Notice to Proceed, and to cause all work of this contract to be Substantially Completed within 180 calendar days thereafter, unless the Awarding Authority authorizes an extension.

In case that the work of this Contract is not certified by the Awarding Authority to be Substantially Complete, as defined in the GENERAL CONDITIONS, within the time established therefor, it shall be agreed and understood that the Owner may deduct from sums otherwise due and payable under the Contract, the amount of two-hundred Dollars ($200) for each calendar day after which Substantial Completion date, or authorized extension thereof, was required, up to and including the date that Substantial Completion of the Contract is certified. This provision shall apply, not as a penalty, but as liquidated damages.

https://www.carlislema.gov/1088/Procurement

INVITATION FOR BID

The bidder agrees that its bid shall be good and may not be withdrawn for a period of 60 days, Saturdays, Sundays and legal holidays excluded, after the opening of the bids.

The Awarding Authority reserves the right to reject any or all bids, and/or waive any informality, if it is deemed to be in the Town’s best interests so to do.

The Town of Carlisle is an affirmative action/equal opportunity employer, and encourages participation from certified minority and women-owned businesses.

By: Ryan M. McLane, Chief Procurement Officer

Date: August 4, 2026

BIDDING REQUIREMENTS - INSTRUCTION TO BIDDERS

BIDDING REQUIREMENTS

INSTRUCTIONS TO BIDDERS

Sealed bids submitted electronically for the General Contract will be received until 2pm on September 02, 2026

To be a certified registered bidder, you must email rmclane@carlislema.gov and receive a response notification. Registered bidders will receive all communications and addendums.

1.1 BIDDERS REPRESENTATION

A. Each General Bidder (called the “Bidder”), by making a Bid (called “Bid”) represents that:

1. The Bidder has read and understands the Contract Documents and the Bid is made in accordance therewith.

2. The Bidder has visited the site and is familiar with the local conditions under which the work has to be performed.

B. Failure to examine the entire and complete Contract Documents, Specifications, Drawings, and Addenda (If applicable) and site will not relieve Bidder from any obligation under the Bid as submitted.

1.2 PREPARATION OF BIDS

A. Bidding procedures shall be in accordance with the provisions of General Laws (Chapter 149, Sections 44A to 44J, inclusive, as amended. Said statutes are hereby made a part of these INSTRUCTIONS TO BIDDERS to the same extent as though herein reproduced in full. In the event of any inconsistency between the provisions of these Contract Documents and any of the cited statutes, anything herein to the contrary notwithstanding, the provisions of said statutes shall govern.

1.3 ADDENDA AND INTERPRETATION

A. No interpretation of the meaning of the Contract Documents will be given orally to any bidder. Every request for such interpretation shall be made in writing, addressed to the Awarding Authority, and to be given consideration, must be received electronically by the Award Authority's representative (Town Administrator) not later than 1pm on August 26, 2026. All such interpretations and supplemental instructions will be in the form of written addenda to the Contract Documents, which, if issued, will be sent electronically, to all persons on record as

BIDDING REQUIREMENTS - INSTRUCTION TO BIDDERS

having received a complete set of Contract Documents (at the respective addresses furnished for such purposes).

To be a certified registered bidder, you must email rmclane@carlislema.gov and receive a response notification. Registered bidders will receive all communications and addendums.

B. Failure of any bidder to receive any such addenda shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the Contract Documents. At the time of opening of bids, each bidder will be presumed to have inspected the site, and to have read, and be thoroughly familiar with, the Contract Documents (including all addenda thereto). 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 to his bid.

1.4 FORM AND AMOUNT OF BID DEPOSIT

A. Every General Bid shall be accompanied by a certified check, or a treasurer’s check, or cashier’s check, or money order, issued by, a responsible bank or trust company payable to the Town of Carlisle, in the amount of five percent (5%) of the bid amount.

B. The return of such bid deposits will be made in accordance with the provisions of

G.L. Chapter 149, Section 44B. Special attention is directed to the provisions of G.L.

Chapter 149; Sections 44E and 44F, that every General Bid which is not accompanied by the prescribed bid deposit shall be rejected.

1.5 REQUIREMENTS FOR FOREIGN CORPORATIONS

A. The attention of all bidders is directed to the provisions of G.L. Chapter 30, Section 39L. added by Chapter 446 of the Acts of 1963, which provides that the Awarding Authority may not enter a Contract for construction work and may not approve as a Subcontractor furnishing labor and materials for a part of any such work, a foreign corporation which has not complied with the registration requirements of Sections 3 and 5 of Chapter 181 of the General Laws. The term ‘foreign corporation’ means a corporation not incorporated under the laws of the Commonwealth of Massachusetts.

1.6 SUBMISSION OF BIDS

A. Intentionally Omitted.

B. Each General Bid shall be submitted on the FORM FOR GENERAL BID furnished by the Awarding Authority. No other form of bid will be accepted. The form contained in the bound Contract Documents may be copied. All spaces shall be filled in, in ink or typewritten, in words and figures. Use figures alone only where no space is provided for words. An authorized representative of the General Bidder must sign

BIDDING REQUIREMENTS - INSTRUCTION TO BIDDERS

all bids. The executed FORM FOR GENERAL BID, including the specified bid deposit, shall be submitted electronically.

C. All bidders are cautioned to allow ample time for the transmission of bids. Bids received after the specified time will not be accepted or recognized. Note that the times of receipt will determine the acceptability of bids.

D. The Awarding Authority will not be held responsible for premature opening of bid envelopes which are not properly marked in accordance with the instructions set forth herein.

1.7 BID MODIFICATIONS

A. No modification of any bid will be considered by the Awarding Authority unless such modification is in writing, sealed, and received by the Awarding Authority prior to the time established herein for the receipt of General Bids.

1.8 WITHDRAWAL OF BIDS

A. A bid may be withdrawn by written or telegraphic request subsequently confirmed in writing, provided that such a request is received prior to the time established herein for receipt of General Bids. The awarding Authority will not be responsible, however, for the timely receipt of any request for withdrawal in ample time for delivery before the bid opening hour.

1.9 BIDDER’S CERTIFICATION

A. Intentionally Omitted

1.10 BIDDER’S CERTIFICATION FOR PAYMENT OF PREVAILING WAGES

A. Each General Bid must include the Bidder’s certification regarding payment of prevailing wage rates, as set forth in the FORM FOR GENERAL BID.

1.11 RIGHT TO REJECT BIDS RECEIVED

A. The Awarding Authority reserves the right to reject all General Bids if it is in the public interest so to do.

1.12 PRE-BID CONFERENCE AND SITE VISITATION

BIDDING REQUIREMENTS - INSTRUCTION TO BIDDERS

A. Each bidder must become informed fully of the conditions relating to the project and to the employment of labor. Failure to do so will not relieve a successful bidder of the obligation to furnish material, labor and equipment necessary to carry out the provisions of the contract. Insofar as possible, the Contractor, in carrying out the work, must employ methods or means as will not cause any interruption of or interference with the work of any other contractor or worker. Each Contractor is charged with the responsibility of examining the existing buildings, facilities, site, and grade conditions prior to submitting a bid. No claims for extras will be allowed because of the Contractor's failure to be aware of existing conditions that are exposed to view.

B. Conditions indicated are based on field observations and on construction documents from the original construction. Dimensions, measurements, levels, and other data concerning the existing structure shall be verified by the Contractor before manufacture, fabrication, or construction of any part of the Work. Discrepancies between existing conditions and conditions indicated on the Contract Documents shall be reported to the Architect immediately.

C. An optional pre-bid meeting will take place at 83 School Street, in Carlisle, Massachusetts at 9am on August 13, 2026, at which time the conditions within and around the project can be viewed and questions answered. The pre-bid meeting will be the only scheduled time during which bidders will be allowed access to the project locations prior to receiving bids. A record of attendees will be generated at the meeting. Only interested parties who attend the meeting will be permitted to submit a general bid. Bids received from all other parties will be deemed non-responsive and rejected.

D. Conditions which change between the date on the contract documents and the date of the Agreement shall be brought to the attention of the Owner during execution of the agreement. The conditions which exist on the date on the contract documents shall be the conditions for which the Contractor shall be responsible.

Commencement of Work, without notification to the Owner of unsatisfactory conditions, shall be deemed as acceptance of existing conditions by the Contractor.

1.13 METHOD OF AWARD

A. The Contract will be awarded to the lowest responsible and eligible General Bidder on the basis of the proposed Contract Price, or on the basis of an Alternate proposed Contract Price if the Awarding Authority in its sole discretion decides to award on the basis of such Alternate. Special attention is directed to the provisions of General Laws Chapter 149, Section 44A defining the term ‘lowest responsible and eligible bidder’.

1.14 EXECUTION OF GENERAL CONTRACT AND SECURITIY FOR FAITHFUL

PERFORMANCE

BIDDING REQUIREMENTS - INSTRUCTION TO BIDDERS

A. Special attention is directed to the requirements of the General Laws Chapter 149, Section 44E, and the FORM FOR GENERAL BID, in that the General Bidder who is selected as General Contractor shall promptly confer with the Awarding Authority on the question of Sub-Bidders; and execute an Owner/Contractor Contract for Construction with the Awarding Authority within five (5) days (Saturdays, Sundays, and legal holidays excluded), after presentation thereof, in accordance with the general bid; and furnish with the executed Contract a Performance Bond, also a Labor and Materials Payment Bond, each of which shall be in the sum of 100 percent (100%) of the Contract Price. If the General Contractor is a partnership, the bonds shall be signed in the correct corporate name by duly authorized officer, agent, or attorney-in-fact. The executed bonds shall be accompanied by (a) appropriate acknowledgement of the representative parties; (b) appropriate certified copy of power-of-attorney or other certifications of authority where bond is executed by an agent, officer or representative of the General Contractor or Surety; (c) a duly-certified extract from the by-laws or resolutions of the Surety under which power-of-attorney or other certificate of authority of its agent, officer or representative was issued; and (d) a duly certified copy of the latest published financial statement of assets and liabilities of the Surety. Certificates of insurance, required under the Contract Documents, shall be submitted with bonds.

1.15 SUB-CONTRACT

A. Intentionally Omitted.

1.16 SALES TAX EXEMPTION

A. All materials and items which will be incorporated into the project, and which will become the property of the Owner upon completion of said project, will be exempt from the Massachusetts Sales Tax, in accordance with, and subject to the provisions of, M.G.L. Chapter 64H, Section 6(f). The General Contractor shall obtain from the owner the Sales Tax Exemption Number, applicable for the project, and shall include said number when ordering materials for the project.

1.17 PERMITS

A. The successful bidder shall be responsible for obtaining all permits required. The costs of the building permits and / or inspection fees, issued by the Town of Carlisle for the work of this Contract, have been waived by the Town, and should not be included in the bid price. All other permit and / or inspection fees required by agencies other than the Town of Carlisle are the responsibility of the applicable trade contractor.

1.20 PRE-CONSTRUCTION CONFERENCE

BIDDING REQUIREMENTS - INSTRUCTION TO BIDDERS

A. A pre-construction conference will be held at the project shortly after the execution of the General Contract, with authorized representatives of the General Contractor and the Architect in attendance, to discuss the scheduling of operations to be performed under the contract. The date of such conference will be established by the Architect.

1.21 INTEREST OF MEMBERS, OFFICERS, OR EMPLOYEES OF THE OWNER; MEMBERS

OF LOCAL GOVERNING BODY; OR OTHER PUBLIC OFFICIALS

A. No member, officer or employee of the Owner, or its designees or agents, no member of the governing body of the locality in which the project is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the project during his tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or sub-contract, of the proceeds thereof, for work to be performed in connection with this Contract.

1.22 TIME OF SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES

A. It is agreed that time is of the essence of this Contract. The successful Bidder must agree to commence work upon receipt of the Notice to Proceed from the Owner, and to cause the work of this contract to be Substantially Completed within 180 calendar days thereafter.

B. In case that the work of this contract is not certified by the Architect to be

Substantially complete, as defined in the GENERAL CONDITIONS, within the time established therefore, it shall be agreed and understood that the Contractor shall pay to the Owner, and the Owner may deduct from sums otherwise due and payable under the Contract, the amount of two-hundred Dollars ($200) for each calendar day after which substantial Completion date, or authorized extension thereof, was required, up to and including the date that Substantial Completion of the Contract is certified by the architect. This provision shall apply, not as a penalty, but as liquidated damages.

1.23 INSURANCE

A. The Contractor shall carry and continuously maintain until completion of the Contract, insurance as specified in the General Conditions and in such form as shall protect him performing work covered by this Contract, or the Town of Carlisle and its employees, agents and officials, from all claims and liability for damages for bodily injury, including accidental death, and for property damage, which may arise from operations under this contract. The Contractor covenants and agrees to indemnify, defend and hold harmless the Town and its employees, agents and officials from loss or damage due to claims for personal injury and/or property damage arising from, or in connection with operations under this Contract, and to provide the Owner with all other indemnification, defense and hold-harmless protection set forth in the Contract Documents.

BIDDING REQUIREMENTS - INSTRUCTION TO BIDDERS

1.24 AFFIRMATIVE ACTION/EQUAL EMPLOYMENT OPPORTUNITY LAWS AND

REGULATIONS

A. The Town of Carlisle is an affirmative action/equal opportunity owner/purchaser.

The bidder’s attention is directed to all applicable State Laws rules and regulations regarding affirmative action/equal employment opportunity requirements. Failure of a bidder to comply with an y such law, bylaw, rule or regulation shall constitute grounds for the Town to reject a bid or to otherwise reject or terminate the award of the contract pursuant to these contract documents.

1.25 HEALTH AND PUBLIC SAFETY ACT NOTIFICATION

A. All workers employed on the project must provide proof of completion of an “OSHA-10” Construction Safety Course, as required under Chapter 30, section 39S and Chapter 149, section 44E and section 44F of the Massachusetts General Laws.

Proof of such completion shall consist of a photocopy of each employee’s “OSHA-10” card which shall accompany the prevailing wage submittals.

1.26 FORMS REQUIRED AT CONTRACT APPROVAL

A. On award, the General Bidder shall complete the following forms to ensure prompt contract validation. These forms will be provided to the General Contractor by the Awarding Authority. Submit three (3) originals of each.

1. Owner/Contractor Agreements and Form of Corporate Vote.

2. Form of Payment Bond must be submitted by the General Contractor on the

Awarding Authority’s Form, in accordance with the General Conditions. The dates on the bonds must coincide with the contract date, and a current Power-of- Attorney must be attached to each bond.

3. Intentionally Omitted.

4. Insurance Certificates for the General Contractor are required and must be submitted in accordance with the General Conditions. General Contractors must indicate on Builders’ Risk Insurance if Stored Materials is covered.

5. Form of Estimated Progress Payment Schedule is to be submitted at the time the

Contractor submits its Contract Forms. This information is necessary to provide for prompt processing of payments.

6. Intentionally Omitted.

7. Statement of Management on Internal Accounting Controls and a Statement prepared by a Certified Public Accountant expressing an opinion as to the state of Management Controls, as required by M.G. L. c.30, s.39R.

BIDDING REQUIREMENTS - INSTRUCTION TO BIDDERS

a. This applies to General Contractors; and

b. This applies to Contracts of $100,000.00 or more.

END OF INSTRUCTION TO BIDDERS

APPENDIX A

Specifications

Appendix A

Scope of Work | Robbins & Grant Buildings | Classrooms

• Remove existing carpet and/or tile and glue from the floor area

• Remove existing cove base without damaging the wallboard o Any damage to the wallboard will be repaired and finished by the contractor

• Install new VCT tile (color picked by Facilities Director based on samples provided by contractor)

• Install new cove base with similar color to existing

• Job must be completed during school break times.

o Winter break, spring break etc.

• All old, removed materials to be taken by the contractor o Optional: Contractor can place a construction dumpster on site; paid by contractor.

• All furniture will be removed and returned to and from the classrooms by school facilities staff

• Any floor leveling after removal of old flooring material is included in the scope of work

See below for room numbers and square footage.

Robbins Building Square Footage R-129 840 R-130 840 R-132 734 R-133 734 R-135 983 R-229 840 R-230 840 R-232 751 R-233 751

Total SQ FT 7313

Grant Building Square Footage G-202 994 G-204 1023 G-210 882

Total SQ FT 2899

APPENDIX B

Contract and Administrative Documents

GENERAL CONDITIONS

OF THE CONTRACT

1.0 DEFINITION OF TERMS

The following words shall have the following meanings as used in this Contract:

1.1 Claim. A demand or assertion by one of the parties seeking, as a matter of right, payment of money, or other relief with respect to the terms of the Contract. The term “Claim” also includes other disputes and matters in question between the Town and Contractor arising out of or relating to the Contract. The responsibility to substantiate Claims shall rest with the party making the Claim.

1.2 Contract Documents. The documents as defined in Article 5 of the Town-Contractor Agreement.

1.3 Contract Price. The Contract Prices stated in Article 3 of the Town-Contractor Agreement, which is the total sum owed to the Contractor for all of the Work.

1.4 Contract Time. The Contract Time stated in Article 2 of the Town-Contractor Agreement.

1.5 Designer. The Designer identified in the Town-Contractor Agreement.

1.6 Drawings. 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.

1.7 Governing Laws and Building Code. All laws, ordinances, rules, regulations, and lawful orders of any public authority, federal, state, or local bearing on the performance of the Work and the building code or codes legally applicable to work.

1.8 Modification. (a) A written amendment to the Contract signed by both parties; (b) a Change Order; (c) a

Construction Change Directive; or (d) a written order for a minor change in the Work issued by the Designer.

1.9 Owner’s Project Manager. The Town’s representative assigned to the Project (the “OPM”).

1.10 Site. The project site, the parameters of which are indicated on the Contract Drawings.

1.11 Specifications. 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.

1.12 Substantial Completion. The term “Substantial Completion” as used in this Contract shall mean the point at when (a) the Contractor fully completes the Work or substantially completes the Work so that the value of the Work remaining to be done is, in the estimate of the Town, less than one percent of the original contract price, or (b) the Contractor substantially completes the work and the Town takes possession for occupancy, whichever occurs first. Partial use of the Project shall not result in the Project being deemed substantially complete, and such partial use shall not be evidence of substantial completion.

1.13 Work. The construction and services required by the Contract Documents, whether completed or partially completed, including all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor’s obligations. The Work may constitute the whole or a part of the Project.

2.0 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS

2.1 The Contract Documents are enumerated in the Town-Contractor Agreement. The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotitions, representations or agreements, either written or oral.

The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (a) between the Contractor and the Designer or the Designer’s consultants; (b) between the Contractor and the OPM; (c) between the Town and a Subcontractor or subsubcontractor; or (d) between any persons or entities other than the Town and the Contractor. The Designer and OPM shall, howevr, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of their duties, as provided in the Contract.

2.2 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. All work mentioned or indicated in the Contract Documents shall be performed by the Contractor as part of the Contract unless it is specifically indicated in the Contract Documents that such Work is to be done by others.

2.2.1 In the event of conflict in or between the Contract Documents, the Contractor shall be held to the highest standard therein. Where compliance with two or more industry standards or set of requirements is specified, and overlapping of those different standards or requirements established different or conflicting minimums or level of quality, the most stringent requirements is intended.

2.2.2 In the event of any conflict or inconsistency between this contract, the Contract Documents and any

Governing Laws and Building Code, the Governing Laws and Building Code shall prevail.

2.3 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade except sections designated for Filed Sub-Bids as otherwise required by law.

The Contractor and all Subcontractors shall refer to all of the Drawings, including those showing primarily the work of the mechanical, electrical, and other specialized trades, and to all of the sections of the specifications, and shall perform all Work reasonably inferable therefrom as being necessary to produce the indicated results.

2.4 Unless otherwise stated in the Contract Documents, words that have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings.

2.5 The Drawings and Specifications are intended to supplement one another. Materials and workmanship described are not necessarily found in both. Drawings are not intended to be scaled or to act as shop drawings. Inadvertent discrepancies or omissions shown on one drawing but not on others shall not be cause for additional charges or claims. In case of discrepancies, figured dimensions shall take precedence over smaller scale drawings. Specifications shall take precedence over Drawings for quality of materials and general performance of the work.

2.6 Whenever an item is specified and/or shown on the Drawings by details or reference, it shall be considered typical for other items that are obviously intended to be the same even though not so designated or specifically named but do serve the same function for this project.

2.7 Where the terms “necessary,” “as directed,” “when directed,” “satisfactory,” good and sufficient,”

“approved,” or other general qualifying terms are used on the Drawings, they are deemed to be followed by the words ‘in the opinion of the Designer” or “by the Designer” as the case may be.

2.8 The terms “approval,” “approved,” “approved equal,” “or equal,” or “other approved” mean as approved by the Designer.

2.9 Where reference is made to ASTM Specifications, it shall mean the standard specific specifications of the

International Society for Testing and Materials of the most recent designation.

2.10 Similarly, where reference is made to Specifications, Standards or requirements of A.S.M.E., A.S.R.A.E, or A.S.H. & V.E., they shall mean respectively those American Society for Mechanical Engineers, American Society of Heating, Refrigerating and Air Conditioning Engineers, and the American Society for Heating and Ventilating Engineers, and shall be from the latest editions.

2.11 Any material specified by reference to the number, symbol, or title of a specific standard, such as a

Commercial Standard, a Federal Specification, a trade association standard, or other similar standard, shall comply with the requirements in the latest revision thereof and any amendment or supplement thereto in effect on the date indicated on the specifications, except as limited, or modified in such reference. Where compliance with two or more industry standards or set of requirements is specified, and overlapping of those different standards or requirements established different or conflicting minimums or level of quality, the most stringent requirements is intended.

2.12 The standards referred to, except as modified in the Contract Documents, shall have full force and effect as though printed in the Contract Documents. These standards are not furnished to the Contractor for the reason that the manufacturers and trades involved are assumed to be familiar with their requirements. The Contractor shall make himself aware of the contents of such documents and furnish the field office with one full set of each.

2.13 Where codes, requirements, and publications of public and private bodies are referred to in the Contract

Documents, references shall be understood to be the latest revision prior to the date of receiving bids, except where otherwise indicated.

2.14 Mechanical and Electrical Drawings are diagrammic only, and are not intended to show the exact physical locations or configurations of Work. Such Work shall be installed to clear all obstructions, permit proper clearances for the work of other trades, and present an orderly appearance where exposed. Exact location of fixtures and outlets shall be obtained from the Designer before the Work is roughed in; work installed without such information from the Designer shall be relocated at the Contractor’s expense.

3.0 CONTROL OF THE WORK / ADMINISTRATION OF THE CONTRACT

3.1 Designer. Notwithstanding anything to the contrary expressed or implied in the Contract Documents, any of the powers, rights, and duties of the Designer may be exercised by the Town, provided that the Town shall be under no obligation to do so. The Town may rely on the Designer for performance and exercise of its rights and obligations hereunder and shall be presumed to so rely on the Designer in the absence of an explicit written assumption by the Town of any such rights and obligations, except that Approval required to be obtained from the Town hereunder shall not be valid without the signature of the Town. The Town may explicitly overrule in writing any action, determination or decision of the Designer should the Town choose to do so, except to the extent that the same would violate applicable law. Subject to the foregoing, the Designer shall be responsible for the general administration of the Contract and shall perform the duties and exercise the rights herein conferred on the Designer. Except as otherwise specifically provided herein, the Designer shall decide all questions that may arise as to the conduct, quantity, quality, equality, acceptability, fitness, and rate of progress of the several kinds of work and materials to be performed and furnished under this Contract, and shall decide all questions that may arise as to the interpretation of the Plans and Specifications and as to the fulfillment of this Contract on the part of the Contractor. In the case of the death, resignation, inability or refusal of the Designer to act, or the termination of his or her or its employement, the Town may appoint another person to act as Designer for the purposes of this Contract.

The Town shall give written notice to the Contractor of any such appointment.

3.2 Owner’s Project Manager. The OPM is the person or entity, required by M.G.L. c. 149, § 44A½, engaged by the Town to represent the Town on all Project matters as its agent and consultant throughout the Project.

3.3 Right of Access to Work. The Town, the Designer, the OPM, and all persons designated by them may for any purpose enter upon the Work, the Site, and premises used by the Contractor, and the Contractor shall provide safe facilities therefor. Other contractors of the Town may also enter upon the same for the purposes that may be required by tehir contracts or work. Any differences or conflicts that may arise between the Contractor and any other contractors of the Town with respect to their work shall be initially resolved by the Designer.

3.4 Inspection No Waiver. No inspection by the Town, the OPM, or the Designer or employees or agents of any of them, and no order, measurement, certificate, approval, payment order, payment, acceptance or any other action or inaction of any of them shall operate as a waiver by the Town of any provision of this Contract.

3.5 Town’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 or fails to carry out Work in accordance with the Contract Documents, the Town may, in addition to any other remedy it may have herein, terminate in accordance with Section 13 or 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 Town to stop the Work shall not give rise to a duty on the part of the Town to exercise this right for the benefit of the Contractor or any other person or entity.

3.6 Town’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 Town to immediately correct such default or neglect with diligence and promptness, the Town may, without prejudice to other remedies the Town may have (including Termination in accordance with Section 13), correct such deficiencies. In such case an appropriate Construction Change Directive shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including Town’s expenses and compensation for Designer’s additional services made necessary by such default, neglect or failure. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Town. In the event that the Contractor’s failure to prosecute the Work causes (in the opinion of the Town), a risk of harm to the public, the Town shall have the right to carry out the Work without notice at the Contractor’s cost and/or deduct such sums from monies due the Contractor.

4.0 OBLIGATIONS OF THE CONTRACTOR

4.1 The Contractor shall complete for the Contract Price all of the Work in a proper, thorough, and workmanlike manner in accordance with the Contract Documents. 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 Designer in the Designer’s administration of the Contract, or by tests, inspections or approvals required or performed by persons or entities other than the Contractor.

4.2 Contractor’s Financial Condition. The Contractor represents and warrants that its financial condition is sound and that the Contractor is capable of performing the work required pursuant to the Contract Documents. Upon request by the Town, the Contractor shall make available to the Town such audited and unaudited financial statements of the Contractor as the Town may reasonably request. The Contractor shall promptly advise the Town of any occurrence, event, fact, or other matter that has had, will have, or might reasonably be predicted to have a material adverse effect upon the financial condition of the Contractor.

4.3 Review of Contract and Field Conditions. Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become thoroughly familiar with all the existing conditions at the site, has taken all such conditions into consideration as they may affect the Work under his Contract, and correlated personal observations with requirements of the Contract Documents. Except as provided for in and authorized by M.G.L. c. 30, § 39N, no allowance will be made in the Contract or the Work under the Contract for failure of the Contractor to visit the site.

4.3.1 Should any omissions, error or conflict be found in the Contract Documents, during the bidding period and prior to the times set forth in the Instructions for Bidders for receipt of such inquiries, the bidders shall request in writing that such conditions be explained by the Designer in the method described therein.

4.3.2 Should the work proceed, after the discovery of errors, conflict, or omissions by the Designer and clarification has not been received from the Designer, the Contractor will be held fully responsible for replacement or correction of the affected area, as directed by the Designer, at the Contractor’s expense.

4.3.3 Before ordering any material or doing any work, each trade shall verify all measurements at this project and shall be responsible for the correctness of the same. No extra charge or compensation will be allowed on account of difference between actual dimensions and the measurements indicated on the Drawings, any difference that may be found shall be submitted to the Designer for consideration before proceeding with the work.

4.3.4 Where no explicit quality or standards for material or workmanship are established for work, such work is to be of as good quality of the surrounding work and of the construction of the Project generally.

4.3.5 All manufactured articles, materials, and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned in accordance with the manufacturer’s written or printed directions and instructions unless otherwise indicated in the Contract Documents.

4.4 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 any information furnished by the Town, 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 Designer and the OPM in writing any errors, inconsistencies or omissions discovered by or made known to the Contractor as a request for information in such form as the Designer 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. Before starting the work and at frequent intervals during the progress thereof, the Contractor shall carefully study and compare the contract documents with each other and with any information furnished by the Town and shall at once report to the Designer and the OPM any error, inconsistency or omission the Contractor may discover. Any necessary change will be ordered as provided in Section 9.0 of this Contract, subject to the requirements of the Contract Documents. If the Contractor proceeds with the Work without such notice, the Designer, having discovered such errors, inconsistencies or omissions and having made the determination that by reasonable study of the Contract Documents the Contractor could have discovered the same, the Contractor shall bear all cost arising therefrom.

4.4.1 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 Designer in writing any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Designer, OPM or Town may require.

4.5 The Contractor shall reimburse the Town for costs incurred by the Designer, the OPM, and any other consultant of the Town for design and construction administration services that 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 Designer, the OPM or Town to perform:

4.5.1 Repeated review of the Contractor’s resubmittals, substantially out of sequence from the submittal schedule provided by the Contractor and agreed to by the Designer.

4.5.2 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 Town-provided information, Contractor-prepared coordination drawings, or prior Project correspondence or documentation.

4.5.3 An extensive number of Change Orders and Construction Change Directives requiring evaluation of proposals and the preparation or revision of Instruments of Service and not otherwise caused by the design defects of the Designer.

4.5.4 Consultation regarding replacement of Work resulting from fire or other damage caused during construction.

4.5.5 Evaluation of an extensive number of claims not otherwise caused by design defect.

4.5.6 Evaluation of substitutions proposed by the Contractor and making subsequent revisions to Instruments of

Services resulting therefrom.

4.5.7 Preparation of design and documentation for alternate bid or proposal requests proposed by the Contractor.

4.5.8 Contract administration services made necessary by the Contractor’s failure to complete the project on schedule, achieve milestones, including substantial and final completion.

4.5.9 Contract administration services provided sixty (60) days or more after Substantial Completion.

4.6 Preconstruction Inspection. The Contractor shall notify the Town, the OPM, and Designer in writing of any existing damage to the property or any unsafe conditions at the site prior to commencing the Work.

4.7 The Contractor shall give the Designer and the OPM timely notice of any additional design drawings, specifications or instructions required to define the Work in greater detail, or to permit the proper progress of the Work.

4.8 The Contractor shall not proceed with any work not clearly and consistently defined in detail in the

Contract Documents, but instead shall request additional drawings or instructions from the Designer. If the Contractor proceeds with such work without obtaining further drawings or instructions, he shall correct work incorrectly done at his own expense.

4.9 Supervision and Construction Procedures.

4.9.1 The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention. The

Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Town, the OPM, and Designer and shall not proceed with that portion of the Work without further written instructions from the Designer. All loss, damage, or liability, or cost of correcting defective work arising from the employment of any construction means, methods, techniques, sequences or procedures shall be borne by the Contractor notwithstanding that such construction means, methods, techniques, sequences or procedures are referred to, indicated or implied by the Contract Documents, unless the Contractor has given timely notice to the Town, the OPM and Designer in writing that such means, methods, techniques, sequences or procedures are not safe or suitable, and the Town has then instructed the Contractor in writing to proceed at the Town’s risk.

4.9.2 The Contractor shall be responsible to the Town for acts and omissions of all entities or persons performing or supplying the Work other than those providing work under separate contracts with the Town.

4.9.2.1 The Contractor shall employ workers competent to perform the work required by the contract and, upon written request of the Town, remove and replace workers whom the Town deems to be disorderly, careless or incompetent, or to be employed in violation of the terms of the Contract Documents, at no increase in the Contract Price or the Contract Time.

4.9.2.2 The Contractor shall neither permit nor suffer smoking, nor the introduction or use of spirituous or intoxicating liquors upon or about the works embraced in this Contract or upon any of the ground occupied by him. The Contractor shall establish and maintain a drug-free workplace throughout the duration of the Project.

4.9.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work.

4.9.4 The Contractor shall be responsible for the proper fitting of all Work and the coordination of the operations of all trades, Subcontractors, and materialmen engaged upon the Work. The Contractor shall guarantee to each of its Subcontractors all dimensions which they may require for the fitting of their work to all surrounding work.

4.9.5 All necessary cutting, coring, drilling, grouting, and patching required to fit together the several parts of the

Work shall be done by the Contractor, except as may be specifically noted otherwise under any particular filed sub-bid section of the Specifications.

4.9.6 The Contractor shall employ a registered land surveyor to perform engineering required for establishing grades, lines, levels, dimensions, layouts, and reference points for the trades. The Contractor shall be responsible for maintaining benchmarks and other survey marks and shall replace any benchmarks or survey marks that may have become disturbed or destroyed. The Contractor shall verify the materials shown on the Drawings before laying out the Work and shall be responsible for any error resulting from its failure to exercise this precaution.

4.10 Labor.

4.10.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. The word ‘provide’ shall mean furnish and install complete, including connections, unless otherwise specified.

4.10.2 Weather Protection and Adequate Heat. The Contractor shall install weather protection and furnish adequate heat in the protected area from November 1 to March 31 as required by M.G.L. c. 149, § 44F.

4.10.3 Sanitary Facilities. The Contractor shall provide and maintain in a neat and sanitary condition such accommodations for the use of his employees as may be necessary to comply with the…