27-23 On-Call Munroe General Construction Services IFB FINAL w. PW.pdf

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.INVITATION FOR BID

ON-CALL GENERAL CONSTRUCTION REPAIRS,

INSTALLATIONS AND MAINTENANCE SERVICES

FOR THE MUNROE CENTER FOR THE ARTS

IFB #: 27-23

Due Date and Time:

Thursday, July 30, 2026 at 12:00 PM

Bids

Delivered to:

Lexington Town Offices- Purchasing Office

1625 Massachusetts Ave.

Lexington, MA 02420

Contact Elizabeth Mancini, Purchasing Director v: 781.862.0500 x84628 f: 781.861.2794 emancini@lexingtonma.gov

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TABLE OF CONTENTS

PAGE

TABLE OF CONTENTS 2

LEGAL NOTICE 3

GENERAL INFORMATION/INSTRUCTIONS TO BIDDERS 4

SECTION

FORM OF GENERAL BID 00100

OSHA 00200

AFFADAVIT OF COMPLIANCE AND VOTE OF

CORPORATION 00300

CERTIFICATE OF FOREIGN CORPORATIO 00400

STATEMENT OF MANAGEMENT 00500

BONDS 00600

INSURANCE REQUIREMENTS 00700

AGREEMENT 00800

APPENDIX A- SPECIFICATIONS

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LEGAL NOTICE

Invitation for Bid

On-Call General Construction Repairs, Installations and Maintenance Services for the

Munroe Center for the Arts #27-23

The Town of Lexington invites bids for On-Call General Construction Repairs, Installations and

Maintenance Services to be performed at the Munroe Center for the Arts, 1403 Massachusetts

Avenue, Lexington, MA. Documents are available beginning at 12:00 PM on Thursday, July 16, 2026. Bids will be received until 12:00 PM on Thursday, July 30, 2026 by mail or delivered to the

Town of Lexington, 1625 Massachusetts Ave, Lexington, MA 02420, with the designation “Bid #27-

23 On-Call General Construction Repairs, Installations and Maintenance Services- MCA” on the envelope. The Town of Lexington reserves the right to reject any and all bids. For questions, information or bid documents, please contact Elizabeth Mancini, Purchasing Direction, (781) 698-

4628 or emancini@lexingtonma.gov

Advertisements placed as follows:

Newspaper Published: Thursday, July 16, 2026

Central Register Published: Wednesday, July 15, 2026

Town Posting Posted: Thursday, July 16, 2026

CommBUYS: Published: Thursday, July 16, 2026 mailto:emancini@lexingtonma.gov

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GENERAL INFORMATION AND

INSTRUCTIONS TO BIDDERS

1. OVERVIEW

This is an Invitation for Bids (IFB) issued by the Town of Lexington for On-Call General

Construction Repairs, Installations and Maintenance Services to be performed at the Munroe Center for the Arts and as more specifically described in the contract specifications.

The bidding and award of this Contract will be under the provisions of M.G.L. Chapter 149.

DCAMM Certification is not required. The maximum contract value (including optional years) shall not exceed $149,999.

• A bid bond in accordance with Chapter 149 or a certified treasurer's or cashier's check issued by a responsible bank, for 5 percent of the bid for the proposed work payable to the Town of

Lexington, Massachusetts must be included with the bid submission. Checks will be returned to all except the three lowest responsible and eligible bidders within five days, Saturdays, Sundays and legal holidays excluded, after the opening of bids. The remaining checks will be returned promptly after the Owner and the accepted bidder have executed the Contract, or if no Notice of Intent to award has been presented to the selected Contractor within 30 days, Saturdays, Sundays and legal holidays excluded, after the date of the opening of bids, upon demand of the bidder at any time thereafter.

• Attention is called to the fact that State Prevailing Wage Rates, as determined by

Commissioner of Department of Labor Standards under the provision of the Massachusetts

General Laws, Chapter 149, Section 26 to 27G, as amended, are established for the project as set forth in the contract documents. It is the responsibility of the Contractor, before bid opening, to request, if necessary, any additional information on Prevailing Wage Rates for those tradespeople who may be employed for the proposed work under this Contract.

• A labor and materials bond equal to 50% of $149,999, the estimated value of work to be performed over the life of this contract, will be required from a surety company satisfactory to the Town. Such bonds shall be prepared on forms provided by the Owner and supplied by a surety company licensed to do business in the Commonwealth of Massachusetts. This bond is due after a contract award is made and before any work commences.

The Contractor shall furnish all labor, services, materials, equipment, plant, machinery, apparatus, appliances, tools, supplies and all other things necessary to do all work required for the completion of each item of the Work and as herein specified.

The Work to be done and paid for under any item shall not be limited to the exact extent mentioned or described but shall include all incidental work necessary or customarily done for the completion of that item.

2. BID DOCUMENTS AVAILABLE

Bid documents will be made available beginning 12:00 PM, on July 16, 2026 through the following means:

1. Through the Town’s website www.lexingtonma.gov/bids and clicking on “Current Open Bids” and completing the request for bid documents.

Bid documents will be e-mailed unless delivery via U.S. Mail if specified by the requester.

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3. PRE-BID CONFERENCE

There will be no pre-bid conference.

4. ADDENDA

No interpretation of the meaning of the plans, specifications or other pre-bid documents will be made to any bidder orally. All information given to bidders other than by means of the plans, specifications, or by addenda, as described below, is given informally and shall not be used as the basis of a claim against the Owner.

Every request for interpretation should be in writing via email – emancini@lexingtonma.gov and to be given consideration, must be received no later than forty-eight hours prior to the date fixed for the opening of bids. Responses to inquiries that affect all bidders and any supplemental instructions will be issued as written addenda and emailed to all parties that the Town of

Lexington is aware have requested document as necessary using the contact information provided. Absence of “failure” messages electronically transmitted from addressee’s site will serve as confirmation of delivery of addenda. Bidders should contact Elizabeth Mancini via e-mail or phone if they believe an addendum has not been received. All addenda so issued shall become part of the Contract Documents.

5. BID SUBMITTAL

Bids must be submitted in sealed envelopes clearly marked with the following information

BID FOR: Town of Lexington, Procurement Officer

# 27-23

On-Call General Construction Repairs, Installations and Maintenance

Services- MCA

Bid envelopes must contain one (1) copy(s) of all required documents.

Bids must be signed as follows:

• If the bidder is an individual, by her/him personally;

• If the bidder is a partnership, by the name of the partnership, followed by the signature of each general partner;

and

• If the bidder is a corporation, by the name of the corporation, followed by the signature of an authorized officer, whose signature must be attested to by the Clerk/Secretary of the corporation with the corporate seal affixed.

6. COMPLIANCE WITH IFB

Bidders must comply with all requirements of this IFB in order to be eligible for contract award.

Minor informalities will be waived or the bidder will be allowed to correct them. If a mistake in a bid is evident and the intended bid is clear on the face of the FORM OF GENERAL BID, the mistake will be corrected to reflect the intended correct bid and the bidder will be notified in writing. The bidder may not withdraw such a bid. The Town of Lexington may reject or a bidder may withdraw a bid if a mistake is clearly evident on the Form of General Bid, yet the intended correct bid is not similarly evident.

7. FORM OF GENERAL BID

Bids must be submitted on the Form of General Bid provided and must contain all the required enclosures itemized in Section 8 below.

mailto:emancini@lexingtonma.gov

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8. REQUIRED BID DOCUMENTS

All bids are required to contain the following forms fully completed and signed:

❑ FORM OF GENERAL BID – SECTION 00100

❑ OSHA CERTIFICATION – SECTION 00200

❑ AFFADAVIT OF COMPLIANCE AND VOTE OF CORPORATION – SECTION 00300

❑ CERTIFICATE OF FOREIGN CORPORATION – SECTION 00400

❑ STATEMENT OF MANAGEMENT (if applicable, for contracts over $100k)- SECTION

00500

❑ 5% BID DEPOSIT (CASH, CHECK OR BOND)

9. MODIFICATIONS TO BIDS

A bidder may correct, modify, or withdraw a bid by written notice received by the Town of

Lexington not later than the close of business on the day before the bid opening. Bid modifications must be submitted in a sealed envelope clearly labeled "Modification No.__." Each modification must be numbered in sequence, must reference the original IFB and must be signed by the same person who signed the FORM OF GENERAL BID or a surrogate so authorized in writing.

After the bid opening, a bidder may not change any provision of the bid in a manner prejudicial to the interests of the Town of Lexington or fair competition as determined by the Town of

Lexington.

10. BID DELIVERY AND OPENING

Sealed bids will be accepted at The Town Office Building, 1625 Massachusetts Ave., Lexington, MA 02420 until 12:00 pm on Thursday, July 30, 2026. Specific delivery instructions are as follows:

• If you are mailing your bid, please address to Elizabeth Mancini, Purchasing

Director, 1625 Massachusetts Avenue, Lexington, MA 02420.

• Bids that are hand-delivered should be deposited in the black lock-box, labeled

‘Procurement,’ located outside of the Comptroller’s Office on the top floor of the

Town Office Building.

It is the sole responsibility of the bidder to ensure proper receipt of bids by the due date and time.

Late bids will not be accepted under any circumstance. A public bid opening will be held in the

Select Board Meeting Room immediately following the deadline for bids. All bidders are welcome to attend.

Unforeseeable Deterrents - If at the time of the scheduled bid opening, the designated site is unavailable due to circumstances beyond the control of the Town of Lexington, the bid opening will be automatically postponed (with or without notice to potential bidders) until 12:00 Noon at the same location on the next normal business day. In the event the same location cannot be used to accommodate a postponement, the bid opening will be formally postponed with notification to all parties provided bid documents by the Town of Lexington. Bids will be accepted until any postponement time.

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11. OBLIGATION OF BIDDER

At the time of opening of bids each bidder will be presumed to have inspected the site and to have read and to be thoroughly familiar with the Contract Documents (including all addenda). The failure or omission of any bidder to examine any form, instrument or document shall in no way relieve any bidder from any obligation in respect of his bid.

12. RULE OF AWARD

An award will be made as follows:

Subject to the Town’s budget appropriation, an award will be made to the lowest eligible and responsible bidder, within 30 business days after (i) the opening of bids or (ii) the receipt by the

Owner of any approvals necessary from federal or state agencies in connection with the project, whichever is later. Such bidder shall possess the skill, ability and integrity necessary for the faithful performance of the work, and certifies that it is able to furnish labor that can work in harmony with all other elements of labor employed, or to be employed, in the work, and shall otherwise comply with all applicable provisions of law.

No award will be made to any bidder who cannot satisfy the Owner that it has sufficient ability and experience in this class of work and sufficient capital and plant to enable him to prosecute and complete the work successfully within the time named. The Owner’s decision or judgement on these matters will be final, conclusive and binding.

The Owner shall not enter into a contract with, and shall not approve as a subcontractor furnishing labor and materials for a part of any work of this contract, a foreign corporation which has not filed with the Owner a certificate of the Secretary of State of the Commonwealth of

Massachusetts stating that such corporation has complied with M.G.L. c. 156D and the date of such compliance.

The Owner may make such investigations as he deems necessary, and the bidder shall furnish to the Owner, under oath if so required, all such information and data for this purpose as the Owner may request. Without limitation, the investigation of a bidder may seek to determine whether the organization is authorized to do business in the Commonwealth of Massachusetts, has had relevant previous experience, and has available equipment, forces and financial resources adequate to assure the Owner that the work will be completed in accordance with the Contract

Documents. The Owner may contact references, and may consider evidence of problems with past performance, such as defaults, contract terminations, imposition of damages or other failures to perform, including on contracts previously awarded by the Owner. The amount of other work to which the bidder is committed may also be considered.

13. CONDITIONS OF WORK

Each bidder must familiarize itself fully with the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful bidder of its obligation to furnish all material and labor necessary to carry out the provisions of his contract. Insofar as possible the Contractor, in carrying out his work, must employ such methods or means as will not cause any interruption of, or interference with the work of any other contractor.

14. TIE BREAKER

In the event of a tie, the Town will flip a coin assigning “heads” to the bidder whose company name is alphabetically first.

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15. TIMEFRAME FOR AWARD

All bid prices submitted in response to this IFB must remain firm for 30 (thirty) days following the bid opening or until a contract is executed, whichever occurs first.

16. RESERVED RIGHTS

The Town of Lexington reserves the right to:

1. Cancel this IFB at any time, with or without notice to prospective bidders. Reasonable efforts will be made to give timely notice.

2. Accept or reject, in whole or in part, any and all bids as permitted by law.

3. Award contracts as it deems best serves the interests of the Town of Lexington.

4. Waive or adjust non-material bid requirements before or after bids are opened in whatever ways it deems best serves the interests of the Town of Lexington, while also being non-prejudicial to the interests of fair competition.

17. POWER OF ATTORNEY

Attorneys-in-fact who sign Contract bonds must file with each bond a certified and effectively dated copy of their power of attorney.

18. CONTRACT

The bidder agrees that, if selected as contractor, he or she will within ten (10) business days after presentation thereof by the Owner, execute a contract in accordance with the terms of this bid and furnish any required performance bond and/or labor and materials or payment bond, each in the form required by these bid documents and of a surety company qualified to do business under the laws of the Commonwealth and satisfactory to the Owner, the premiums for which are to be paid by the contractor and are included in the contract price.

19. LAWS AND REGULATIONS

The bidder’s attention is directed to the fact that all applicable State laws, municipal ordinances or Bylaws, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout, and they will be deemed to be included in the

Contract as the same as though herein written out in full.

20. LIQUIDATED DAMAGES FOR FAILURE TO ENTER INTO CONTRACT

The successful bidder, upon his failure or refusal to execute and deliver the Contract and bonds within 10 days after he/she has received notice of the acceptance of his/her bid, shall forfeit to the

Owner, as liquidated damages for such failure or refusal, the security deposited with his/her bid, but the amount forfeited shall not exceed the difference between his/her bid price and the bid price of the next lowest responsible and eligible bidder. In case of death, disability, bona fide clerical or mechanical error of a substantial nature, or other similar unforeseen circumstances affecting the bidder, his/her bid deposit will be returned.

21. INFORMATION NOT GUARANTEED

All information given in the Contract Documents relating to subsurface and other conditions, natural phenomena, existing pipes, and other structures is from the best sources at present available to the Owner. All such information is furnished only for the information and convenience of bidders and is not guaranteed.

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It is agreed and understood that the Owner does not warrant or guarantee that the subsurface or other conditions, natural phenomena, existing pipes, or other structures encountered during construction will be same as those indicated in the Contract Documents. The Contractor shall make his own investigations to ascertain the presence of existing and former conditions.

It is further agreed and understood that no bidder or Contractor shall use or be entitled to use any of the information made available to him or obtained in any examination made by him in any manner as a basis of or ground for any claim or demand against the Owner of the Engineer, arising from or by reason of any variance which may exist between the information made available and the actual subsurface or other structures actually encountered during the construction work, except as may otherwise be expressly provided for in the Contract Documents.

22. AFFIRMATIVE ACTION/EQUAL EMPLOYMENT OPPORTUNITY LAWS AND REGULATIONS

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

23. SUBCONTRACTORS

a. Proposer must supply a list of sub-contractors used for specialty services.

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SECTION 00100

FORM OF GENERAL BID

From: (insert name of general bidder):_________________________________________________

To the Owner:

A. The undersigned proposes to furnish all labor and materials required for the:

TOWN OF LEXINGTON

ON-CALL GENERAL CONSTRUCTION

REPAIRS, INSTALLATIONS AND MAINTENANCE SERVICES –

MCA CONTRACT #27-23 in accordance with the accompanying Contract Documents for the contract price specified below, subject to additions and deductions according to the terms of the specifications.

B. The bid includes addenda numbered:

C. PRICING- On-Call General Construction Repairs, Installations and Maintenance

Services: Provide all labor, materials, equipment, tools and supervision necessary for maintenance, repair, service, replacement, construction, upgrade, new installation, and emergency repair of Building systems at the MONROE CENTER FOR THE ARTS as directed by the Director of Public Facilities or their designee.

BID PRICE WILL BE FOR ONE WORKER.

Business hours are defined as Monday - Friday 7:00 am – 5:00 pm.

One year contract from contract execution through June 30, 2027. Two additional one-year terms may be exercised at the sole discretion of the Town provided that the maximum contract value of $149, 999 has not been reached. Pricing shall remain firm for the full duration of the contract, including optional years.

The hourly labor prices below will remain firm for the duration of the contract:

Hourly rate shall include the rate of the subcontractor as well as the cost for the general contractor’s General Conditions and Overhead & Profit.

Business Hours:

$________._______ per hour

Non-Business Hours.

$________._______ per hour

The material markup price below will remain firm for the duration of the contract:

Materials to be invoiced at actual cost plus __________% (must provide copies of invoices)

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An award will be made to the lowest, responsive, and responsible bidder offering the most advantageous proposal for the goods and/or services that are the subject of this IFB, based on the calculation below:

Fixed Numbers used for the calculation will be the following:

Two hundred (200) Business Hours – General Construction

Fifty (50) Non-Business Hours – General Construction

$10,000 material expense

Calculation:

200 Business Hours X $_____._____ per hour = $_____________________ (a)

50 Non-Business Hours X $_____._____ per hour = $_____________________ (b)

$10,000 X 1+ _______ % = $_____________________ (c)

Grand Total of (a)+(b)+(c) = $_____________________ (d)

The calculated Grand Total (d) will be the total bid price for each bid submitted.

The Bidder acknowledges the receipt of the following Addenda (list the number(s) of each addendum received: ____________________________.

Bidder: ________________________

Initials: ________________________

The calculated Grand Total (d) will be the total bid price for each bid submitted.

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D. REFERENCES

Bidder shall provide reference information showing that they have overseen and managed the installation of at least six (6) similar projects in the last three (3) years. This work shall have been consistent with the scope of work detailed in the technical specifications. It is the intent that the Bidder is very familiar with work required under this contract. The Owner may use poor references as a basis for disqualification.

Project Name and Date

Completed

Reference Name, Contact # and

Email Short Product Description

E. The undersigned agrees, that, if selected as General Contractor, he will within five days, Saturdays, Sundays and legal holidays excluded, after presentation thereof by the Owner, execute a contract in accordance with the terms of this bid and furnish a performance bond and also a labor and materials or payment bond, each of a surety company qualified to do business under the laws of the Commonwealth of Massachusetts and satisfactory to the

Awarding Authority and each in the sum of the contract price, the premiums for which are to be paid by the General Contractor and are included in the contract price.

F. The Undersigned hereby certifies that he is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed on the work; that all employees to be employed at the worksite will have successfully completed a course in construction

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Administration that is at least 10 hours in duration at the time the employee begins work and who shall furnish documentation of successful completion of said course with the first certified payroll report for each employee; and that he will comply fully with all laws and regulations applicable to awards subject to section 44A.

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

H. Pursuant to M.G.L. Chapter 62C, Section 49A, I certify under the penalties of perjury that I, and/or the company I represent, to my best knowledge and belief, have filed all State tax returns and paid all State Taxes required under law.

Date:

Name of General Bidder

By:

Name and Title of Person Signing Bid

Business Address

City and State

Phone/Fax Numbers

Note: This proposal shall bear the written signature of the bidder.

1. If the bidder is an individual, provide residential address if different from business address.

2. If the bidder is a partnership, the proposal must be signed by a partner and provide full names and residential addresses of all partners.

3. If the bidder is a corporation, the proposal must be signed by a duly authorized officer or agent of the corporation, the state of incorporation must be provided, and the corporate seal must be affixed. Provide the state of incorporation and the names of all corporate offices.

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If an Individual:

Name:

Residences:

If an individual doing business under a firm name:

Name of Firm:

Name of Individual:

Business Address:

Residence:

If a Partnership:

Name of Partner:

If a Corporation:

Incorporated in what state:

President:

Treasurer:

Secretary:

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SECTION 00200

OSHA Training

As of July 1, 2006, per Massachusetts General Law, Chapter 30, §39S(a), as amended by

Chapter 306 of the Acts of 2004, any person submitting a bid for, or signing a contract to work on, the construction, reconstruction, alteration, remodeling or repair of any building or public works project by the Town of Lexington, and estimated by the Town to cost more than

$10,000, shall certify herein, as part of this bid/contract, under penalties of perjury, as follows (As used in this section the word “person” shall mean any natural person, joint venture, partnership, corporation or other business or legal entity):

1. That he/she is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed in/at the work;

2. That all employees to be employed at the worksite will have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health

Administration that is at least 10 hours in duration at the time the employee begins work and who shall furnish documentation of successful completion of said course with the first certified payroll report for each employee; and

3. That all employees to be employed in the work subject to this bid have successfully completed a course in construction safety and health approved by the United States Occupational Safety and

Health Administration that is at least 10 hours in duration.

By signing below, the bidder attests that the above is true for his/her employees to be employed on this project;

Signature of Authorized Agent Company Name (Please Type)

Printed Name & Title (Date)

00200-1

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SECTION 00300

AFFIDAVIT OF COMPLIANCE AND VOTE OF CORPORATION

Massachusetts Business Corporation Foreign (non-Mass.) Corporation

Non-Profit Corporation

I, _______________________________, President of (insert corporation name)

Whose principal office is located at

Do hereby certify that the above-named corporation has filed with the Secretary of State all certificates and annual reports required by Chapter 156B, Section

109 (business corporation), by Chapter 181, Section 4 (foreign corporation) or by Chapter 180, Section 26A (non-profit corporation) of the Massachusetts General Laws.

SIGNED UNDER THE PENALTIES OF PERJURY THIS day of , Signature of Responsible Corporate Officer

(If a corporation, complete below or attach to each signed copy of the Contract a notarized copy of vote of corporation authorizing the signatory to sign this Contract).

At a duly authorized meetings of the Board of Directors of the

(corporation) held on the day of , at which all directors were present of waived notice, it was VOTED, that, who is the duly elected of this corporation to be and hereby is authorized to execute contracts, bonds and other instruments in the name and behalf of said corporation and affix its corporate seal thereto, and such execution of any contract or other instrument or obligation in this corporation’s name on behalf by such (insert officer’s title) of the corporation, shall be valid and binding upon this corporation.

I hereby certify that I am the Clerk of the Corporation and that is the duly elected of said corporation, and that the above vote has not been amended or rescinded and remains in full force and effect as of the date of this contract.

A true copy, ATTEST

Clerk

(Corporate Seal)

Business Address

00300-1

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SECTION 00400

CERTIFICATE OF FOREIGN CORPORATION

The undersigned hereby certifies that it has been duly established, organized, or chartered as a corporation under the laws of:

(Jurisdiction)

The undersigned further certifies that it has complied with the requirements of M.G.L. c. 30, §39L (if applicable) and with the requirements of M.G.L. c. 156D, §15.03 relative to the registration and operation of foreign corporations within the Commonwealth of Massachusetts.

Name of person signing proposal

Signature of person signing proposal

Name of Business (Please Print or Type)

Affix Corporate Seal here

00400-1

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SECTION 00500

STATEMENT OF MANAGEMENT

(For Contracts over $100,000)

In accordance with M.G.L. Chapter 30, Section 39R, the undersigned successful bidder states that its system of internal accounting controls and that of its subsidiaries reasonably assure (1) that transactions are executed in accordance with management’s general and specific authorization; (2) that transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles, and to maintain accountability for assets; (3) that access to assets is permitted only in accordance with management’s general or specific authorization, and (4) that the recorded accountability for assets is compared with the existing assets at reasonable intervals and appropriate action was taken with respect to any difference.

Executed this _____________day of _________________________ , On behalf of _______________________________________________________ (Name of

Successful Bidder) ______________________________________________________ (Address and telephone of Successful Bidder) _______________________________________________________

(Name and title of person signing statement)

By:____________________________________________________ (Signature)

CERTIFIED PUBLIC ACCOUNTANT STATEMENT

In accordance with M.G.L. 30, Section 39R I, _______________________________________ a certified public accountant, state that I have examined the above Statement of Management on internal accounting controls, and that in my opinion (1) the representations of management are consistent with the result of management’s evaluation of the system of internal accounting controls;

and (2) that such representations of management are, in addition, reasonable with respect to transactions and assets in amounts which would be material when measured in relation to the above referenced successful bidder’s financial statements.

(Signature)

(Business name, address and telephone number)

00500-1

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SECTION 00600

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS: That we ___________________________

(Name of Contractor) a ___________________________________________ hereinafter called “Principal” and

(Corporation, Partnership, Joint Venture or Individual)

______________________________of ______________, State of ______________________

(Surety) (City & State)

__________________ hereinafter called the "Surety" and licensed by the State Division of Insurance to do business under the laws of the Commonwealth of Massachusetts, are held and firmly bound to the Town of Lexington, Massachusetts, hereinafter called "Owner", in the penal sum of

______________________________________________________ Dollars

($______________________) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the Owner, dated the __________ day of _________________, 20___, a copy of which is hereto attached and made a part hereof for the construction described as follows:

NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the

Surety, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, and make at its own cost and expense any and all defects and deficiencies in materials or workmanship which may appear in the work provided for in said contract within the period of one (1) year from the date of approval and acceptance of all work under said contract, then this obligation shall be void; otherwise to remain if full force and effect.

PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of this contract or to the work or to the specifications. The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to the Surety is not required for such increased obligation.

00600-1

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AND PROVIDED, however, that the Surety and Sureties, for value received, hereby stipulates and agrees to fully perform and complete the work mentioned and described in said contract and specifications, or cause said work to be performed and completed pursuant to the terms, conditions and covenants thereof, if for any cause, said Principal fails or neglects to fully perform and complete said work; and the Surety of Sureties further agree to commence said work of completion or cause said work of completion to commence within twenty (20) days notice thereof from the Owner and to complete same or cause same to be completed within twenty (20) days of the time allowed, said

Principal, in said contract and specifications for the completion of said work.

AND PROVIDED, THAT THE SAID Surety and Sureties, for value received hereby further stipulate that should the Principal for any reason terminate the contract and have the contract terminated, the Owner shall have the right to complete the contract, under the direction of its own

Engineer with all rules, regulations, clauses, etc., of the original contract and specifications in full effect.

PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

(End of Page)

00600-2

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IN WITNESS WHEREOF, this instrument is executed in _____ ( ) counterparts, each one of which shall be deemed an original, this the __________ day of ____________________, 20___.

ATTEST:

Principal

______________________________ By: ______________________________

(Principal Secretary)

(Address-Zip Code)

______________________________ (SEAL)

Witness as to Principal

Surety

______________________________ By: ______________________________

(Attorney-in-Fact)

(Address- Zip Code)

Witness as to Surety

NOTE: Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, all partners should execute Bond.

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PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS: That we ___________________

________________________________ a___________________________________________

(Name of Contractor) (Corporation, Partnership, Joint Venture or Individual) hereinafter called "Principal" and ______________________________ of _________________, (Surety)

State of ________________________ hereinafter called the “Surety” and licensed by the State

(City and State)

Division of Insurance to do business under the laws of the Commonwealth of Massachusetts, are held and firmly bound to the Town of Lexington, Massachusetts, hereinafter called "Owner", in the penal sum of ______________________________________________ Dollars

($___________________) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the Owner, dated the ______________ day of __________________, 20___, a copy of which is hereto attached and made a part hereof for the construction described as follows:

NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such work, and all insurance premiums on said work, and for all labor, performed in such work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect.

PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of this contract or to the work or to the specifications. The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to the Surety is not required for such increased obligation.

PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

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00600-4

IN WITNESS WHEREOF, this instrument is executed in ____ ( ) counterparts, each one of which shall be deemed an original, this the _________ day of _____________________, 20__.

Surety

____________________________ By: ______________________________

(Attorney-in-Fact)

Witness as to Surety

NOTE: Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, all partners should execute Bond.

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SECTION 00700

INSURANCE

INSURANCE REQUIREMENTS: The Contractor shall carry and maintain, for the life of this contract, all insurance as specified below, and in such form as covered by this contract from all claims and liability for damages for personal injury, including accidental death, and for property damage which may arise from operations under this contract, whether such operations be by him/her self or by any person or anyone directly or indirectly employed by either of them. The coverage shall include the Town of Lexington as an additional insured (except workers compensation and professional liabilities) and amounts of such insurance shall be as follows:

A: Workers Compensation Per M.G.L. c. 149, §34 and c. 152 as amended

Statutory State, Massachusetts

Coverage Limit: $500,000 each accident

B. General Liability

1. Limits of Liability Combined Single Limit

Bodily Injury and Property Damage of $1,000,000 per occurrence/$3,000,000 aggregate.

2. Arrangement of Coverage

a. Premises Operations

b. Owners and Contractors Protective

c. Broad Form Comprehensive General Liability Endorsement or equivalent to include Broad Form Contractual, Personal Injury, Broad Form Property Damage.

Cross Liability

Professional Liability, if applicable (if services are provided)

Pollution Liability, if applicable.

C. Automobile

1. Limits of Liability

Combined Single Limit

Bodily Injury and Property Damage of $1,000,000

2. Arrangement of Coverage

a. Employer non-owned

b. Hired Car

c. All Owned or Leased Vehicles

D. Umbrella/Excess Liability: of at least $2,000,000 per occurrence with a $2,000,000 Annual

Aggregate.

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Said policies shall be so written that the Town of Lexington will be notified of cancellation at least thirty (30) days prior to the effective date of such cancellation.

Certificates in duplicate from the insurance carrier stating the limits of liability and expiration date shall be filed with the Town of Lexington before operations are begun. Such certificates shall contain a statement referring specifically to this contract to the effect that all insurance coverage herein required has been provided. Certificates shall be filed before the award can be made. Signatures on all certificates and insurance forms must be original signatures.

Insurance under which the Town shall be named as in “Insured” or as “Additional Insured” shall be carried with an insurance company licensed to write such insurance in the Commonwealth of

Massachusetts. (No insured/additional insured required for workers compensation or professional liabilities).

The Town shall have the right to obtain full and complete copies of all policies listed in this section upon request.

The Contractor shall indemnify and save harmless the Town, and all of its officers, agents, and employees from all suits, actions or claims of any character.

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SECTION 00800

TOWN OF LEXINGTON

AGREEMENT

THIS AGREEMENT, made this _________ day of ________________, 2026, by and between the party of the first part, the Town of Lexington, hereinafter called "OWNER," acting herein through its

Town Manager, and the party of the second part, _______________________________________________ doing business as *(an individual) (a partnership) (a joint venture) (a corporation) located in the *(City) (Town) of _______________, County of _______________________, and State of __________________________, hereinafter called "CONTRACTOR."

WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER, the CONTRACTOR hereby agrees with the

OWNER to commence and complete the project described as follows: the construction of a

_____ON-CALL GENERAL CONSTRUCTION REPAIRS, INSTALLATIONS AND

MAINTENANCE- MCA____#27-23________, hereinafter called the Project, for the sum of

________________________________________________________ Dollars

($_________________) and all extra work in connection therewith, under the terms as stated in the

Contract Documents; and at its own proper cost and expense to furnish all the materials, supplies, machinery equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said project in accordance with the conditions and prices stated in Section

00300 FORM OF GENERAL BID and APPENDIX A, the plans, which include all maps, plates, blue prints, and the specifications and Contract Documents as prepared by the Owner.

ARTICLE 1. DEFINITIONS

1.1 THE CONTRACT DOCUMENTS

a. The Contract Documents consist of all Modifications issued after execution of the Contract, this

Owner-Contractor Agreement, the Conditions of the Contract (General, Supplemental and other

Conditions), the Drawings and Plans, the Technical Specifications, the Invitation to Bid, all

Addenda, and, and all applicable laws, ordinances and regulations including the prevailing wage schedule. A Modification is (1) a written amendment to the contract signed by both parties, (2) a

Change Order, (3) a written interpretation issued by the Owner or (4) a written order for a minor change in the Work issued by the Owner. In the event of conflicts or discrepancies among the

Contract Document, they shall be interpreted based on the order of priority listed above.

b. The Contract Documents form the Contract for Construction. This Contract represents the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral. Any amendment or modification to this

Agreement must be in writing and signed by an official with the authority to bind the Owner.

1.2 THE WORK

The Work comprises the completed construction required by the Contract Documents and includes

27 | P a g e all labor necessary to produce such construction, and all materials and equipment incorporated or to be incorporated in such construction.

1.3 OWNER

The term “OWNER’ is the Town of Lexington, identified as such in the Owner-Contractor

Agreement and is referred to throughout the Contract Documents as if singular in number. The term Owner means the Owner or its authorized representative.

1.4 CONTRACTOR

The Contractor is the person or entity identified as such in the Owner-Contractor Agreement and is referred to throughout the Contract Documents as if singular in number. The term Contractor means the Contractor or its authorized representative.

The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention which shall not be less than such state of skill and attention generally rendered by the contracting profession for projects similar to the project in scope, difficulty and location. The Contractor shall maintain adequate supervisory personnel at the Premises during the performance of the Work.

The Contractor shall be solely responsible for all construction means, methods, techniques, sequences and procedures and for coordinating all portions of Work under the Contract.

1.5 SUBSTANTIAL COMPLETION

Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use pursuant to a full and unconditional certificate of occupancy, and only minor items which can be corrected or completed without any material interference with the

Owner’s use of the Work which remains to be corrected or completed.

ARTICLE 2 TIME OF COMPLETION

a. The work to be performed under this Contract shall be commenced within 10 calendar days after the Owner issues a written Notice of Intent to Proceed to the Contractor and shall be substantially completed on or before and shall be entirely completed no later than .

b. Time is of the essence of this Agreement, and Contractor and Owner agree that delay in

Substantial Completion of the Project will cause disruption to the Owner’s operations and cause the Owner to incur significant damages and costs in the event of such delay, the exact amount of which is uncertain and difficult to determine. The Parties accordingly agree that if the Contractor fails to achieve Substantial Completion of the work on or before the date set forth herein (as that date may be modified by mutual agreement of the Parties), the Owner shall be entitled to recover from Contractor or offset against amounts due the Contractor the sum of ___________

($_____)for each calendar day after the Substantial Completion date until Substantial Completion is achieved. The parties agree that these liquidated damages are a reasonable estimation of

Owner’s anticipated damages as of the date of this Agreement. The Owner’s right to recover liquidated damages shall not preclude or prevent the Owner from recovering compensatory damages for non-delay related events. This amount may be withheld from amount otherwise due to Contractor pursuant to periodic or final applications for payment, in addition to retainage and

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c. The Contractor hereby agrees that if he fails to commence the work, carry on the work reasonable speed or stops work altogether without due cause, as determined in each case by the Owner, the

Owner may give notice to the Contractor in writing to proceed with the work as per the schedule or to carry on the work with reasonable speed. Three days after the presentation of such notice if the work is not proceeding to the satisfaction of the Owner, the Contractor shall be considered to have defaulted in the performance of this Agreement.

OR

This agreement shall be for a term commencing upon execution of this contract and ending unless sooner completed and subject to annual appropriation. This Agreement shall not be renewed or extended unless provisions for renewal or extension were contained in the

Invitation for Bid, in which event the Agreement may be extended or renewed at the sole option of the Town, and upon the terms described herein.

ARTICLE 3 APPLICABLE STATUTES

All applicable federal, state and local laws and regulations are incorporated herein by reference and the Contractor agrees to comply with the same.

ARTICLE 4 GOVERNING LAW

This Contract shall be governed by and construed in accordance with the laws of the

Commonwealth of Massachusetts.

ARTICLE 5 AMENDMENTS TO THIS CONTRACT

This Contract may not be amended except in writing executed in the same manner as this Owner-

Contractor Agreement.

ARTICLE 6 NOTICE

All notices required to be given under this Agreement shall be given in writing and shall be effective upon receipt by hand delivery or certified mail to:

Town of Lexington: Elizabeth Mancini

Purchasing Director

1625 Massachusetts Avenue

Lexington, MA 02420

The Contractor:

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ARTICLE 7 ASSIGNMENT/SUB-CONTRACTING

The Contractor agrees that it will not sell, assign or transfer this Contract or any part thereof or interest therein without the prior written consent of the Town.

ARTICLE 8 ADMINISTRATION OF THE CONTRACT

a. The Contractor shall begin work with a written Notice to Proceed from the Owner or its designee.

The Contractor shall not begin working prior to receiving such notification.

b. The designated representative of the Owner will visit the site at intervals appropriate to the stage of construction to familiarize himself generally with the progress and quality of the Work and to determine in general if the Work is proceeding in…