BID 2027-02 Tennis Courts.pdf

BID 2027-02

Tennis Courts

BIDS DUE:

Monday, August 24, 2026 @ 2:00 P.M.

PRE-BID CONFERENCE:

Tuesday, August 11, 2026 @ 9:00 A.M.

Marie Znamierowski Director of Business Operations

TABLE OF CONTENTS

Legal Notice

Essex North Shore Agricultural and Technical School District

The Essex North Shore Agricultural & Technical School District is seeking sealed bids from qualified contractors for BID2027-02TennisCourts. Twonewtenniscourtsareproposedon ENSATSD’sSouthCampus.Associatedsiteimprovementsincludetenniscourtnets,chainlink fencing,stonedustandcementconcretewalkways,gravityblockretainingwalls,guardrail,a stormwater drainage system, and a sound barrier. Project to be completed by December 31, 2026. Estimated cost $250,000. Complete specifications found in the bid packet. OSHA Certification; 5% Bid Bond; 50% Payment Bond upon award of contract required.Prevailing Wages Apply.

Bids will be received until 2:00 PM on Monday, August 24, 2026.Bids may be mailed or hand delivered to:

Essex North Shore Agricultural & Technical School District Marie Znamierowski – Director of Business Operations

Smith Hall, 562 Maple Street Danvers, MA 01923

A pre-bid conference for allbidderswillbeheldonTuesday,August11,2026@9:00A.M.at Essex North Shore Agricultural & Technical School, Smith Hall, 562 Maple Street, Danvers, MA 01923. Please assemble outside Smith Hall. This location is across Rt. 62 from the main school building.

BID documents will be available on Wednesday, August 5, 2026 @ 9:00 AM and access will continue until the BID due date stated above. Vendors may request electronic copies by contacting Stephanie Poska viaemailatsposka@essextech.netorBIDdocumentsmayalsobe accessed via Commbuys.

The ENSATSD School Committee will award the contract to the lowest responsive and responsible bidder. ENSATSDreservestherighttorejectanyandallbidsifitisinthepublic interest to do so. All bids are subject to the provisions of M.G.L. c. 30, § 39M.

1. INTRODUCTION

TheEssexNorthShoreAgricultural&TechnicalSchoolDistrictisseekingsealedbids fromqualifiedcontractorsforBID2027-02TennisCourts. Twonewtenniscourtsare proposed on ENSATSD’s South Campus. Associated site improvements include tennis court nets, chain link fencing, stone dust and cement concrete walkways, gravity blockretainingwalls,guardrail,astormwaterdrainagesystem,andasound barrier. Project to be completed by December 31, 2026. Estimated cost $250,000.

Complete specifications found in the bid packet. OSHA Certification; 5% Bid Bond;

50% Payment Bond upon award of contract required. Prevailing Wages Apply.

2. SUBMISSION DEADLINE AND INSTRUCTIONS

Bid Deadline: Monday, August 24, 2026 @ 2:00 PM

Qualified contractors are requested to submit their bids to:

Essex North Shore Agricultural & Technical School District Marie Znamierowski – Director of Business Operations

Smith Hall, 562 Maple Street Danvers, MA 01923

AllBidsshallbecontainedinsealedenvelopesandshallbeaddressedtotheDirector of Business Operations, Marie Znamierowski.

A pre-bid conferenceforallbidderswillbeheldonTuesday,August11,2026@9:00 A.M. at Essex North Shore Agricultural & Technical School, Smith Hall, 562 Maple Street,Danvers,MA01923.PleaseassembleoutsideSmithHall.Thislocationisacross Rt. 62 from the main school building.

BIDdocumentswillbeavailableonWednesday,August5,2026@9:00AMandaccess will continue until the BID due date stated above. Vendors may request electronic copies by contacting Stephanie Poska via email at sposka@essextech.net or BID documents may also be accessed via Commbuys.

The ENSATSD School Committee will award the contract to the lowest responsive andresponsiblebidder.ENSATSDreservestherighttorejectanyandallbidsifitisin the public interest to do so. All bids are subject to the provisions of M.G.L. c. 30, § 39M.

3. QUESTIONS OR ADDENDUM

QuestionsregardingthisBIDmaybesubmittedviaemailonlytoStephaniePoskaat sposka@essextech.net.AllquestionswillbepostedandrespondedtoviaCommbuys aswellasviaemailtotheBidHolderList.Questionswillnotbeansweredviaphone or in person.

Deadline for submitting questions: Thursday, August 13, 2026 @ 4:00 P.M.

Responses will be published no later than Tuesday, August 18, 2026 @ 4:00 P.M.

4. GENERAL CONDITIONS AND INSTRUCTIONS

4.1. The Essex North Shore Agricultural and Technical School District, hereby knownas“theDistrict”,reservestherighttorejectanyorallbids,acceptany bid, or divide the award as deemed in the best interest of the District, or to waive any informality in bids.

4.2. Eachbidshouldgivethefullbusinessaddressofthebidderandbesignedby him/herwithhis/herusualsignature.Bidsbypartnershipsshouldbesigned withthepartnershipnamebyoneofthemembersofthepartnership,followed by the signature and designation of the person signing. Bids by corporation should be signed withthenameofthecorporationfollowedbythesignature of the person authorized to bind the matter.

4.3. Erasures or other changes in the bids must be explained or noted over the signature of the bidder.

4.4. Payment shall be net 30 days for properlysubmittedinvoices.Anyinvoices not correctly identified shall be returned to the vendor for correction.

4.5. Bids mustbeenclosedinasealedenvelope(s)markedtoidentifythe bid on the outside perthissolicitation,andfiledintheDistrictBusinessOfficeonor before the date, timeandplacestipulatedinthebid,atwhichtimetheywill be publicly opened and read.

4.6. Samples of items, when required, must be submitted prior totheopeningof bids at no expense to the District. If not destroyed by testing, they will be returned at the bidder’s request and expense.

4.7. A bidder has the right to withdraw his/her bid any time prior to the time fixed for opening.

mailto:sposka@essextech.net

4.8. Bidsmustbesubmittedonthebidform,unlessotherwisespecifiedorwillbe considered informal.

4.9. It is agreed that if this proposal be accepted and the bidder fails to comply with the terms of his/her bid or shall fail to contract as required within the time limit specified, the District may, atitsoption,determinethatthebidder has abandoned his/her bid, and thereupon this proposal and acceptance thereof shall become null and void.

4.10. The successful bidder will receive copies of a contract for their signatures.

After signing and returning, the Superintendent-Direct or designee will sign thecontractsandonecopywillbereturnedtobidderasNoticeofAwardand will thereupon constitute a binding contract between the District and the bidder. NO PAYMENTS CAN BE MADE WITHOUT AN EXECUTED

CONTRACT!

4.11. Quantities indicatedaretheDistrict’sbestestimateforquantitiesthatmaybe utilized during the contract period. The District does not guarantee that the estimated quantity is the quantity that will be utilized during the contract period.

4.12. This contract is subject to the provisions of M.G.L. c. 71, §7A and the MassachusettsPrevailingWageLaws.TheContractorshallpayallemployees engagedintheperformanceofthiscontractnotlessthantheprevailingwage rates as determined by the Commissioner of the Department of Labor Standards (DLS). The Prevailing Wage Schedule issued for this service is incorporated into and made part of this bid and resulting contract

In accordance with Massachusetts General Law c. 149, s. 27B, a true and accurate record must be kept of all individuals employed on a publicworks construction project for which prevailing wage rates are applicable.

Inaddition,theContractorisrequiredtosubmit,onaweeklybasis,acopyof their weekly payroll records to the awarding authority. Once collected, the awarding authority is also required to preserve those records for three years.

The District does not discriminate on thegroundsofrace,color,sex,religion or national origin in consideration for an award.

4.13. AwardofContract(s)shallbetothemostresponsibleandresponsivebidder(s) with the best bid(s) and if applicable best delivery date per this solicitation

4.14. Allcontractawardsaresubjecttoanappropriationforthegoodorservicethat is the subject of this bid package.

4.15. All employees to be employed at the worksite will have successfully completed acourseinconstructionsafetyandhealthapprovedbytheUnited States Occupational Safety and Health Administration (“OSHA”) that is at least10hoursindurationatthetimetheemployeebeginsworkandwhoshall furnish documentation of successful completion of said course with the first certified payroll report for each employee.

4.16. The Contractor shall employ only personsofgoodcharacterwhohavebeen properlytrainedintheuseoftheequipment,materials,andmethodsneeded to perform the services under this contract. TheContractormustbecertain that each person to be employed doesnotpossessanycriminalrecord. The District will conduct a record check with the Commonwealth of Massachusetts Executive Office of Public Safety Criminal History Systems Board (CORI). All contractor employees must submit a CORI form to the district’s Human Resource Department prior to occupying the campus.

4.17. The use ofalcohol,drugs,ortobaccoproductsisprohibitedbylawonschool property.

4.18. All bids are subjecttotheprovisionsofM.G.L.Chapter30B,M.G.L.,Chapter 30 § 39M or M.G.L. Chapter 149.

5. REQUIRED FORMS AND SUPPORTING DOCUMENTS FOR

SUBMISSION

5.1. Non‐collusion and Tax Form (Bid Certification)

5.2. Proposal Signature & Acknowledgment Form

5.3. Bid Form

5.4. Bid bond/deposit – 5% of the value of the total bid

5.5. Reference Form with last 5 jobs completed

Awarded Vendor will be required to submit the following:

5.6. CORI Form - to be completed by employees upon award of Contract

5.7. 50% Payment Bond – upon award of Contract

6. INSURANCE REQUIREMENTS

6.1. Contractor shall purchase and maintain such insurance as will protect him from claimsunderworker’scompensationactsandfromclaimsfordamagesbecauseof bodily injury,includingdeath,andpropertydamagewhichmightarisefromand duringoperationsunderthiscontract,whethersuchoperationsbebyhimselforby a Subcontractor or anyone directly or indirectly employed by either of them.

6.2. Contractor shall not commence work under this Lease until he has obtained all insurance required herein nor until such insurance has been approved by the Owner. (Corporate Name) shall notallowanySubcontractortocommencework until the insurance required of the Subcontractor has been obtained and approved.

6.3. Subcontracts:Contractorshalleither(1)requireeachSubcontractortoprocureand to maintainduringthelifeofhisSubcontract,SubcontractorhasGeneralLiability and Property Damage Insurance of same type and in such manner as specified herein, or (2) Insure activities of his Subcontractors on his own policy.

6.4. All insurance required by this Document shall be provided by a Best “A+ VIII” ratedcompany,orcompanies,authorizedtodobusinessintheCommonwealthof Massachusettsandsatisfactorytotheownerandshallbewrittenfornotlessthan any limits of liability specified herein, or required by law, whichever is greater.

6.5. Certificates: Certificates of InsuranceacceptabletotheOwnershallbesubmitted in triplicate to the Owner simultaneously with the execution of the Lease Agreement. Certificates shall indicate that broad form Contractual Liability coverage is in force, as well as deletions of theXCUexclusions.Certificatesshall contain a provision that the insurance company will notify the Owner by registered mail at least (60) calendar days in advance of any cancellation, non-renewal,changeorexpirationofthepolicies. Certificateswillbeaddedtothe policies provided.

6.6. Deductibles: In the event of paid claims, the Contractor shall bear costs of any amounts deductible.

6.7. The Owner shall be named as additional insured under all policies.

6.8. Before any blasting is done, Contractor shall present evidence that blasting damage is included in his insurance coverage

6.9. The bidder shall provide evidence of insuranceinaccordancewithINSURANCE REQUIREMENTS for the District (attached if applicable) before commencing work.

COVERAGE AND LIMITS

A. Workers’ Compensation Insurance:

The Contractor shall maintain and cause all subcontractors and lower tier contractorstomaintainWorkersCompensationandEmployersLiabilityInsurance in accordance with the law and regulations of the Commonwealth of Massachusetts. The limits of liability provided shall be as follows:

Coverage A: Statutory Coverage B: $500,000/$500,000/$500,000

B. (Corporate Name) Liability Insurance:

(Corporate Name) shall purchase and maintain Commercial General Liability Insurance and cause all subcontractors andlowertiercontractorstomaintainthe same throughout the term of the Lease. Commercial General Liability Insurance must be included with all applicable broad form endorsements. Such insurance shall be on the 1986 standard insurance Service Office occurrence coverageform (or any later amendments or revisions thereto). Limits of liabilitytobeprovided shall be as follows:

Bodily Injury and Property Damages

$1,000,000

Personal Injury and Advertising Injury

$1,000,000

General Aggregate $2,000,000 Products/Completed Operations Aggregate

$2,000,000

Medical Payments $ 10,000

Coverage shall specifically include blanket contractual liability covering Contractor’s indemnity obligations as contained in this Document. The District must be added as an additional Insured as their interest may appear.

C. Business Automobile Liability:

The Contractor shall maintain and cause all subcontractors and lower tier contractorstomaintainbusinessautomobileliabilityinsurancecoveringallowned, non-owned, leased, rented and hired automobiles (symbol 1). The limits of liability shall be as follows:

Bodily Injury and Property Damage: $1,000,000 per occurrence

Automobilephysicaldamagecoverageshallbeattheoptionof(CorporateName), all subcontractors and lower tier contractors. The Owner shall not be liable for physical loss or damage to any owned, non-owned, leased, rented or hired automobile.

The District must be added as an additional insured as their interest may appear.

D. Umbrella or Excess Liability:

Umbrella or Excess Liability shall be provided in excess of the primary limits of liability required above. Coverage shall be at least as broad as provided in the primary coverage required. The limits of liability to be provided shall be as follows:

$2,000,000 per occurrence Bodily Injury and Property Damage $2,000,000 per occurrence Personal Injury and Advertising Injury $2,000,000 General Aggregate $2,000,000 Products and Completed Operations Aggregate

INDEMNIFICATION

The Contractor shall take responsibility for the work and take all precautions for preventinginjuriestopersonsandpropertyinorabouttheworkandshallbearalllosses resultingtoitonaccountofamountorcharacterofthework.TheContractorshallpayor causepaymenttobemadeforalllaborperformedorfurnishedandforallmaterialsused or employed in carrying out the Contract. The Contractor shall assumethedefenseof, andindemnifyandsaveharmless,theDesigner,theOwner,andtheirofficersandagents fromallclaimsrelatingtolaborperformedorfurnishedandmaterialsusedoremployed for the work: to inventions, patents and patent rights used in and in doing the work unless injuries to any person or corporation received or sustained by or from the Contractor and its employees, andsubcontractorsandemployees,indoingthework,or in consequence of any improper materials, implements or labor used or employed therein; and to any act, omission or neglect of the Contractor and its employees therein.

7. SAMPLE CONTRACT

Essex North Shore Agricultural & Technical School District

SAMPLE

CONTRACT

DATE:

This Contract is entered into on, or as of, this date by and between the Essex North Shore Agricultural and Technical School District (the “District”), and

[“Contractor”]

[Address of the Contractor]

[Telephone Number] [FAX Number]

1. This is a Contract for the procurement of the following:

2. The Contract price to be paid to the Contractor by the District is:

3. Payment will be made as follows:

4. Definitions:

4.1 Acceptance: All Contracts require proper acceptance of the described goods or services by the District. Proper acceptance shall be understood to include inspection of goods and certification of acceptable performance for services by authorizedrepresentativesoftheDistricttoinsurethatthegoodsorservicesare complete and are as specified in the Contract.

SAMPLE

4.2 Contract Documents: All documents relative to the Contract including (where used) Instructions to Bidders, Proposal Form, General Conditions, Supplementary General Conditions, General Specifications, Other Specifications included in Project Manual, Drawings, and all Addenda issued during the bidding period. TheContractdocumentsarecomplementary,andwhatiscalled for by any one shall be as binding as if called for by all. The intention of the document is to include all labor and materials, equipment and transportation necessary for the proper performance of the Contract.

4.3 The Contractor: The “other party” to any Contract with the District. Thisterm shall(asthesenseandparticularContractsorequire)includeVendor,Contractor, Engineer,orotherlabelusedtoidentifytheotherpartyintheparticularContract.

Useoftheterm“Contractor”shallbeunderstoodtorefertoanyothersuchlabel used.

4.4 Date of Substantial Performance: The date when the work is sufficiently complete,theservicesareperformed,orthegoodsdelivered,inaccordancewith Contract documents, as modified by approved Amendments and Change Orders.

4.5 Goods: Goods, Supplies or Materials.

4.6 Subcontractor: Those having a direct Contract with the Contractor. The term includesonewhofurnishedmaterialworkedtoaspecialdesignaccordingtothe Drawings or Specifications of this work, but does not include one who merely furnishes material not so worked.

4.7 Work: The services or materials contracted for, orboth.

5. Term of Contract and Time for Performance:

This Contract shall be fully performed by the Contractor in accordance with the provisionsoftheContractDocumentsonorbefore, unless extended pursuant to a provision for extension contained in the Contractdocumentsatthesolediscretionof theDistrict,andnotsubjecttoassentbytheContractor,andsubjecttotheavailability and appropriation of funds as certified by the Director of Business Operations. The time limits stated in the Contract documents are of the essence of the Contract.

6. Subject to Appropriation:

Notwithstanding anything in the Contract documents to the contrary, any and all paymentswhichtheDistrictisrequiredtomakeunderthisContractshallbesubjectto appropriation or other availability of funds as certified by the Director of Business Operations. In the absence of appropriation, this Contract shall be immediately terminated without liability for damages, penalties or other charges.

7. Permits and Approvals:

Permits, Licenses, Approvals and all other legal or administrative prerequisites to its performance of the Contract shall be secured and paid for by the Contractor.

8. Termination and Default:

8.1 Without Cause. The District may terminate this Contract on seven (7) calendar days notice when in the best interests of the District by providing notice to the Contractor, which shallbeinwritingandshallbedeemeddeliveredandreceived when given in person to the Contractor, or when received by fax, express mail, certified mail return receipt requested, regular mail postage prepaidordelivered by any other appropriate method evidencing actual receipt by the Contractor.

Uponterminationwithoutcause,theContractorwillbepaidforservicesrendered to the date of termination.

8.2 For Cause. If the Contractor is determined by the District to be in default ofany term or condition of this Contract, the District may terminate this Contract on seven (7) days notice by providing notice to the Contractor, which shall be in writing and shall be deemed delivered and receivedwhengiveninpersontothe Contractor, or when received by fax, express mail, certified mail return receipt requested, regular mail postage prepaid or delivered by any other appropriate method evidencing actual receipt by the Contractor.

8.3 Default. The following shall constitute events of a default under the Contract:

1) any material misrepresentation made by the Contractor to the District;

2) anyfailuretoperformanyofitsobligationsunderthisContractincluding,but not limited to the following:

(i) failure to commence performance of this Contract at the time specified in this Contract due to a reason or circumstance within the Contractor’s reasonable control, (ii) failure to perform this Contract with sufficient personnel andequipmentorwithsufficientmaterialtoensurethecompletion of this Contract within the specified time due to a reason or circumstance withintheContractor’sreasonablecontrol,(iii)failuretoperformthisContract in a manner reasonably satisfactory to the District, (iv) failure to promptly re-perform within a reasonable time the services that were rejected by the District as unsatisfactory, or erroneous, (v) discontinuance of the services for reasons not beyond theContractor’sreasonablecontrol,(vi)failuretocomply with a material term of this Contract, including, but not limited to, the provisionofinsuranceandnon-discrimination,(vii)anyotheractsspecifically and expressly stated inthisContractasconstitutingabasisforterminationof thisContact,and(viii)failuretocomplywithanyandallrequirementsofstate law and/or regulations, and District bylaw and/or regulations.

9. The Contractor’s Breach and the District’s Remedies:

Failure of the Contractor to comply with any of the terms or conditions of this ContractshallbedeemedamaterialbreachofthisContract,andtheDistrictshallhave all the rights and remedies provided in the Contract documents, the right to cancel, terminate, or suspendtheContractinwholeorinpart,therighttomaintainanyand all actions at law or in equity or other proceedings with respect to a breach of this Contract, including damages andspecificperformance,andtherighttoselectamong the remedies available to it by all of the above.

FromanysumsduetotheContractorforservices,theDistrictmaykeepthewholeor anypartoftheamountforexpenses,lossesanddamagesincurredbytheDistrictasa consequenceofprocuringservicesasaresultofanyfailure,omissionormistakeofthe Contractor in providing services as provided in this Contract.

10. Statutory Compliance:

10.1 This Contract will be construed and governed by the provisions of applicable federal,stateandlocallawsandregulations;andwhereveranyprovisionofthe ContractorContractdocumentsshallconflictwithanyprovisionorrequirement of federal, state or local law or regulation, then the provisions of law and regulation shall control.WhereapplicabletotheContract,theprovisionsofthe General Laws are incorporated by reference into this Contract, including, but not limited to, the following:

General Laws Chapter 30B – Procurement of Goods and Services.

General Laws Chapter 30, Sec. 39,et seq: - PublicWorks Contracts.

General Laws Chapter 149, Section 44A,et seq: PublicBuildings Contracts.

10.2 Whereverapplicablelawmandatestheinclusionofanytermandprovisioninto a municipal contract, this Section shall be understood to import such term or provision into this Contract. To whatever extentanyprovisionofthisContract shallbeinconsistentwithanylaworregulationlimitingthepowerorliabilityof cities and towns, such law or regulation shall control.

10.3 The Contractor shall give all notices and comply with alllawsandregulations bearing on the performance of the Contract. If the Contractor performs the Contract in violation of any applicable law or regulation, the Contractor shall bear all costs arising therefrom.

10.4 The Contractor shall keep itself fully informed of all existing and future State and National Laws and Municipal By-laws and Regulations and of all orders and decrees of any bodies or tribunals having jurisdiction in any manner affecting those engaged or employed in the work, of the materials used in the work or in any way affecting the conduct of the work. If any discrepancy or inconsistency is discovered in the Drawings, Specifications or Contractforthis work in violation of any such law, by-law, regulation, order or decree, it shall forthwith report the same in writing to the District. It shall, at all times, itself observeandcomplywithallsuchexistingandfuturelaws,by-laws,regulations, orders and decrees; and shall protect and indemnify the District, and its duly appointed agents against any claim or liability arising from or based on any violationwhetherbyhimoritsagents,employeesorsubcontractorsofanysuch law, by-law, regulation or decree.

11. Conflict of Interest:

Both the District andtheContractoracknowledgetheprovisionsoftheStateConflict of Interest Law (General Laws Chapter 268A), and this Contract expressly prohibits any activity which shall constitute a violation of that law. The Contractor shall be deemed to have investigated the applicationofM.G.L.c.268Atotheperformanceof thisContract;andbyexecutingtheContractdocumentstheContractorcertifiestothe District that neither it nor its agents, employees, or subcontractors are thereby in violation of General Laws Chapter 268A.

12. Certification of Tax Compliance:

This Contract must include a certification of tax compliance by the Contractor, as requiredbyGeneralLawsChapter62C,Section49A(RequirementofTaxCompliance by All Contractors Providing Goods, Services, or Real Estate Space to the Commonwealth or Subdivision).

13. Discrimination:

The Contractor will carry out theobligationsofthisContractinfullcompliancewith all of the requirements imposed by or pursuant toGeneralLawsChapter151B(Law Against Discrimination) and any executive orders, rules, regulations, and requirements of the Commonwealth ofMassachusettsastheymayfromtimetotime be amended.

14. Assignment:

Assignment of this Contract is prohibited, unless and only to the extent that assignment is provided for expressly in the Contract documents.

15. Condition of Enforceability Against the District:

This Contract is only binding upon, and enforceable against, the District if: (1) the Contract is signed bytheSuperintendent–Directororitsdesignee;and(2)endorsed with approval by the Director of Business Operations as to appropriation or availability of funds; and as awarded by the Essex North Shore Agricultural and Technical School District School Committee.

16. Corporate Contractor:

IftheContractorisacorporation,itshallendorseuponthisContract(orattachhereto) its Clerk’s Certificate certifying the corporate capacity and authority of the party signing this Contract for the corporation. Such certificate shall be accompanied by a letterorotherinstrumentstatingthatsuchauthoritycontinuesinfullforceandeffect as of the date the Contract is executed by the Contractor. This Contract shall not be enforceable against the District unless and until the Contractor complies with this section.

The Contractor, if a foreign corporation, shall comply with the provisions of the GeneralLaws,Chapter181,Sections3and5,andanyActsandAmendmentsthereof, and in addition thereto, relating to the appointment of the Commissioner of Corporationsasitsattorney,shallfilewiththeCommissionerofCorporationsaPower of Attorney and duly authenticated copies of its Charter or Certificate of Incorporation; and said Contractor shall comply with all the laws of the Commonwealth.

17. Liability of Public Officials:

To the full extent permitted by law, no official, employee, agentorrepresentativeof the District shall be individually orpersonallyliableonanyobligationoftheDistrict under this Contract.

18. Indemnification:

The Contractor shall indemnify, defend and save harmless the District,theDistrict’s officers, agents and employees, from and against any and all damages, liabilities, actions, suits, proceedings, claims, demands, losses, costs, expenses, recoveries and judgments of everynatureanddescription(includingreasonableattorneys’fees)that mayariseinwholeorinpartoutoforinconnectionwiththeworkbeingperformedor tobeperformed,oroutofanyactoromissionbytheContractor,itsemployees,agents, subcontractors, material men, and anyone directly or indirectly employed by any of themoranyoneforwhoseactsanyofthemmaybeliable,regardlessofwhetherornot itiscausedinpartbyanypartyindemnifiedhereunder.TheContractorfurtheragrees to reimburse the District for damage to its property caused by the Contractor, its employees, agents, subcontractors or material men,andanyonedirectlyorindirectly employed by any of them or anyone for whose acts any of them may be liable, including damages caused by his, it’s or their use of faulty, defective, or unsuitable materialorequipment,unlessthedamageiscausedbytheDistrict’sgrossnegligence orwillfulmisconduct.Theexistenceofinsuranceshallinnowaylimitthescopeofthe Contractor’s indemnification under this contract.

19. Workers Compensation Insurance:

The Contractor shall provide by insurance for the paymentofcompensationandthe furnishing of other benefitsunderChapter152oftheGeneralLawsofMassachusetts (The Worker’s CompensationAct)toallemployeesoftheContractorwhoaresubject to the provisions of Chapter 152 of the General Laws of Massachusetts.

Failure to provide and continue in force such insurance during the period of this Contract shall be deemed a material breach of this Contract, shall operate as an immediate termination thereof, and Contractor shall indemnify the District for all losses,claims,andactionsresultingfromthefailuretoprovidetheinsurancerequired by this Article.

The Contractor shall furnish to the District evidence of such insurance prior to the execution of this Contract before the same shall be binding on the parties thereto, except if specifically waived by the District.

20. Documents, Materials, Etc.:

Any materials, reports, information, data, etc. given to or prepared or assembled by the Contractor under this Contract are to be keptconfidentialandshallnotbemade availabletoanyindividualororganizationbytheContractor(exceptagents,servants, or employees of the Contractor) without the prior written approval of the District, exceptasotherwiserequiredbylaw.TheContractorshallcomplywiththeprovisions Chapter 66A of the General LawsofMassachusettsasitrelatestopublicdocuments, andallotherstateandfederallawsandregulationsrelatingtoconfidentiality,security, privacy and use of confidential data.

AnymaterialsproducedinwholeorinpartunderthisContractshallnotbesubjectto copyright,exceptbytheDistrict,intheUnitedStatesoranyothercountry.TheDistrict shall have unrestricted authority to,withoutpaymentofanyroyalty,commission,or additional fee of any type or nature, publicly disclose, reproduce, distribute and otherwise use, and authorize others to use, in whole or in part, any reports, dataor other materials prepared under this Contract.

All data, reports, programs, software, equipment, furnishings, and any other documentation or product paid for by the District shall vest in the District at the termination of this Contract. The Contractor shall at all times, during or after termination of this Contract, obtain the prior written approval of the District before making any statement bearing on the work performed or data collected under this Contract to the press or issues any material for publication through any medium.

21. Audit, Inspection and Recordkeeping:

At any time during normal business hours, and as often as theDistrictmaydeemit reasonably necessary, there shall be available in the office of the Contractor for the purpose of audit, examination, and/or to make excerpts or transcript all records, contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement.

22. Payment:

TheDistrictagreestomakeallreasonableeffortstopaytotheContractorthesumset forthintheContractor’sbidorproposalwithinthirty(30)daysofreceiptofaninvoice detailing the work completed and acceptance from the District of the work completed.

23. Waiver and Amendment:

Amendments, or waivers of any additional term, condition, covenant, duty or obligation contained in this Contract may be made only by written amendment executedbyallsignatoriestotheoriginalAgreement,priortotheeffectivedateofthe amendment.

Totheextentallowedbylaw,anyconditions,duties,andobligationscontainedinthis Contract may be waived only by written Agreement by both parties.

Forbearanceorindulgenceinanyformormannerbyapartyshallnotbeconstruedas a waiver, nor in any manner limit the legal or equitable remedies available to that party. No waiver byeitherpartyofanydefaultorbreachshallconstituteawaiverof any subsequent default or breach of a similar or different matter.

24. Forum and Choice of Law:

This Contract and any performance herein shallbegovernedbyandbeconstruedin accordance with the laws of the Commonwealth. Anyandallproceedingsoractions relating to subject matter hereinshallbebroughtandmaintainedinthecourtsofthe CommonwealthorthefederaldistrictcourtsittingintheCommonwealth,whichshall haveexclusivejurisdictionthereof.Thisparagraphshallnotbeconstruedtolimitany other legal rights of the parties.

25. Notices:

AnynoticepermittedorrequiredundertheprovisionsofthisContracttobegivenor served by either of the parties hereto upon theotherpartyheretoshallbeinwriting and signed in the name or on the behalf of the party giving or serving the same.

Noticeshallbedeemedtohavebeenreceivedatthetimeofactualserviceorthree(3) business days after the date of a certified or registered mailing properly addressed.

Notice to the Contractor shall be deemed sufficient if senttotheaddresssetforthin the Contract and to the District bybeingsenttotheDirectorofBusinessOperations, 562 Maple Street, PO Box 346, Hathorne, Massachusetts 01937.

26. Employees; CORI Requirements:

The Contractor must employ only persons of good character whohavebeenproperly trained in the use of the equipment, materials, and methods needed to perform the services under this contract. The Contractor must be certain that each person to be employed does not possess any criminal record. No sub-contracting/3rd party personnel will be permitted. The District will conduct a record check with the Commonwealth of Massachusetts Executive Office of Public Safety Criminal History Systems Board (CORI) for conviction information. All contractor employees must submit a CORI form to the District’s Human Resource Department prior to occupying the building.

Thecontractoragreesthatitwillnotdiscriminateagainstanyemployeeorapplicantfor employmentbecauseofrace,color,religiouscreed,nationalorigin,sex,ageorancestry in connection with the performance of the services under this agreement. The contractorfurtheragreesthatitwillbeincompliancewiththeFederalI-9regulationsas wellasanyotherlaws,rulesandregulationsoftheMassachusettsDepartmentofLabor and all other Federal and State regulatory bodies having jurisdiction.

The use of alcohol, drugs, or tobacco products is prohibited by law on school property.

The district reserves the right to demand a change of personnel at any time.

27. Binding on Successors:

This Contract shall be binding upon the Contractor, its assigns, transferees, and/or successors in interest (and where not corporate, the heirs and estate of the Contractor).

28. Complete Contract:

Thisinstrument,togetherwithitsendorsedsupplements,andtheothercomponentsof the contract documents, constitutes the entire contract between the parties, with no agreements other than those incorporated herein.

29. Supplemental Conditions:

The foregoing provisions apply to all contracts towhichtheDistrictshallbeaparty.

Oneofthefollowing“Supplements”mustbe“checked”asapplicabletothisContract, shall be attached hereto, and shall in any event apply as the nature of the Contract requires. The Supplement contains additional terms governing the Contract:

[ ] GOODS

SUPPLEMENT “G” - Applicable to Contracts for the procurement of Goods(governed by the provisions of General Laws Chapter 30B)

[ ] SERVICES

SUPPLEMENT “S” - Applicable to Contracts for the procurement of Services(governed by the provisions of General Laws Chapter 30B)

[X ] CONSTRUCTION

SUPPLEMENT “C” - Applicable to Contracts forConstruction

Essex North Shore Agricultural & Technical School District

SUPPLEMENT “C”

CONSTRUCTION

SUPPLEMENT “C” - Applicable to Contracts for the construction of:

(1) Public Buildings and Public Works

(2) Public Buildings (governed by the provisions of General Laws Chapter 149,§ 44A, et seq.); and

(3) Public Works (governed by the provisions of General Laws Chapter 30, §39M, et seq.)

1. General:

This formsupplementstheDistrict“ContractandGeneralConditions”andappliesonly tocontractsfortheconstruction,reconstruction,alteration,remodelingorrepairofpublic works or public buildings.

2.Bonding:

Wherever the law requires one contracting with a city or town to be bonded, such obligationshallbeunderstoodtobeatermandconditionofthisContract.TheContractor agrees to secure such bond (where required) in the form required by the District and provide an original thereof to the District prior to the commencement of performance.

3.Equality:

3.1 InthecaseofaclosedSpecificationwrittenforaspecificitemoritemstobefurnished undertheBaseBid,suchspecificationsshall,asapplicable,beincompliancewiththe Massachusetts General Laws, Chapter 30, Section 39MandChapter149,Sec.44Aet seq.

3.2 Where the name of an item, material or manufacturer is mentioned in the Specifications or on the Drawings,exceptasabovenoted,theintentistoestablisha standardandinnowayshouldbeconstruedtoexcludeanyitemormanufacturernot mentionedbyname,butwhoseproductmeetstheSpecificationsastodesign,utility and quality. Final decision shall rest with the Project Representative as to its acceptability.

4.Change Orders:

WithregardtochangeordersrequestedbytheContractor,uponrequestoftheDistrictor Architect/Engineer, the Contractor shall, without cost to the District, submit to the Architect/EngineerandtheDistrict,insuchformastheArchitect/Engineermayrequire, a “Change Order Proposal” including a full description of the character and scope of work involved in any proposed extra Work or change in Work, an accurate written estimate of the cost of such proposed change including all the elements of pricing in appropriate detail, and an explanation of the impact of the proposed Change on the constructionschedule.Thecostestimateshallindicatethequantityandunitcostofeach item of material or other product andthenumberofhoursofWorkandhourlyratefor eachclassoflaboraswellasthedescriptionandamountsofallothercostschargeable.If requiredbytheArchitect/EngineerorOwner,inordertoestablishtheexactcostofnew Work added or of previously required Work deleted, the Contractor shall obtain and furnish to the Architect/Engineer bona fide proposals (on letterhead) from Subcontractors, Sub-subcontractors or recognized suppliers for furnishing labor and materials included in such Work, including the same supporting information. The Contractor shall promptly revise and resubmit such cost estimate if the Architect/Engineer or the Owner determines that it is not in compliance with the requirements of this Contract, or that it contains errors of fact or mathematical errors.

TheContractorshallindicateintheChangeOrderProposalanyextensionoftheContract Time that the Contractor believes is necessary if thechangeorextraworkisorderedor thattheContractorbelievesitisentitledtoforanyotherreason.IftheContractorclaims an extension of the Contract time, the Contractor shall provide in the Change Order Proposal a full explanation of the need for a time extension with supporting documentation, including a schedule impact analysis, in form acceptable to theDistrict and Architect/Engineer indicating the activities affected and overall impact on the scheduleoftheproposedchange.Requestsforsubstitutionsorotherchangesinitiatedby Contractor shall be submitted with a Change OrderProposalinaccordancewithallthe provisions of this Contract.

ChangeOrderProposalsshallbefurnishedpromptlysoastooccasionnodelayinwork, and shall be furnished at the Contractor’s expense. By submitting a Change Order Proposal, the Contractor shall be deemed to certify in writing that the Change Order Proposalincludesallworkaffectedbythechange,thatthecostestimateindicatedinthe Change Proposal includes all direct, supplemental, indirect, consequential, serial and cumulative costs and delays, as applicable, and that those costs and delays would be necessarily incurred if the change or extra work is ordered, despite the Contractor’s commercially reasonable and diligent efforts to mitigate them. The Contractor shall cooperate fully with the District and Architect/Engineer to provide sufficient substantiationandexplanationofcostsandscheduleimpactstoallowtheDistrictandthe Architect/Engineer to reasonably evaluate the Change Order Proposal.

4.1 AnyadjustmenttotheContractsumasaresultofaChangeOrderProposal,shallbe based on one of the following methods, as selected by the Owner:

● By unit prices stated in the Contract Documents or otherwise mutually agreed upon

● By Cost and Percentage estimated by the Contractor as provided in this Contract and accepted by the District, the Contractor’s estimate shall become a fixed price which shall not be changed by any variation in the actual cost of executing the work covered by the change

● By actual Cost determined after the work covered by the change is completed, plus percentage

● By determination by the Architect/Engineer or the fair value of the work covered by the change

4.2 As used in this following section, “Cost” shall mean the estimated or actual net increase or decrease in cost to the Contractor, Sub-Contractor,orSub-subcontractor for performing the work covered by the change, including actual payments for materials, equipment rentals, expendable items, wages and associated taxes and benefits to workers, insurance, bonds and other provable direct costs, but not including any administrative, accounting or expediting costs, or other indirect or overhead costs, or any wages or benefits of the Contractor’s job superintendent or other supervisory or management personnel, or any amount for profit orfeetothe Contractor, Sub-Contractor or Sub- subcontractor.

4.3 “Percentage” shall mean an allowance calculated as a percentage of Cost to be added to or subtracted from the Contract Sum to cover overhead and profit and all other expenses (including but not limited to the salary and benefits of the Contractor’s job superintendent and other supervisory and management personnel) which are not included in the cost of the work involved in the change.

4.4 PercentageforextraworkperformedbyaSubcontractorshallbe15%oftheactualnet increase in the cost of the work, whether performed by the Subcontractor’s own forces or by Sub- subcontractor’s. In no event shall the aggregate of all percentage allowances for overhead and profit for Subcontractor’s and Sub-subcontractor’s, regardless of tier, exceed 15% of the actual, direct costs for labor, materials and equipment incorporated in the work.

4.5 Percentage for the Contractor shall be 15 % of any net increase in cost of work performedbytheContractor’sownforcesand5%ofanynetincreaseincostofwork performed for the Contractor by Subcontractor’s.

4.6 In the case of changes that result in a credit to the District for work deleted, Percentage for a Subcontractor shall be 10% of any net decrease in the cost of the work, whether performed by the Subcontractor’s own forces or by Sub-subcontractor’s; and percentage for the Contractor shall be 10% of any net decreaseincostofworkperformedbytheContractor’sownforcesand5%ofanynet decrease in cost of work performed for the Contractor by Subcontractors.

4.7 Related changes may be aggregated into a single Change Order Proposal when determinedappropriatebytheArchitect/Engineer,andinsuchcasepercentageshall be calculated based on the cumulative net increase or decrease in cost, if any.

4.8 Forpurposesofapplyingthepercentageallowancesdescribedinthissection,costsof insurance, bond premiums and taxes shall be excluded from the cost of the work.

5.Minimum & Prevailing Wage Laws:

TheContractorwillcarryouttheobligationsofthiscontractinfullcompliancewithallof therequirementsimposedbyorpursuanttoGeneralLawsChapter151,Sec.1,etseq.,the (MinimumWageLaw)andanyexecutiveorders,rules,regulations,andrequirementsof the Commonwealth of Massachusetts as they may from time to time be amended. The Contractor will at all times comply with the wage rates as determined by the Commissioner of the Department of Labor and Industries, under the provisions of General Laws Chapter 149, Sections 26 and 27D (Prevailing Wage), as shall be in force and as amended.

Thesuccessfulbiddermustsubmitweeklypayrollrecordstotheawardingauthorityfor all employees who have worked on the project. Theawardingauthoritymustpreserve theserecordsforthreeyears. Employersmustalsocontinuetopreservetheserecordsfor three years.

6.Damage Protection:

TheContractorshallcontinuouslymaintainadequateprotectionofallworkfromdamage and shall protect the property of the District and others, including adjacent property, from injury or loss arising in connection with the Contract. The Contractor shall make good any such damage, injury or loss, except as may be directly due to errors in the Contract Documents or caused by agents or employees of the District,orduetocauses beyond the Contractor’s control and not the Contractor’s fault or negligence.

7.Worksite Safety:

The Contractor shall take all necessary precautions for the safety of employees on the work,andshallcomplywithallapplicableprovisionsofFederal,Stateandlocallawsand codes to prevent accidents or injury to persons on, about or adjacent to the premises where the work is being performed. The Contractorwillerectandproperlymaintainat alltimes,asrequiredbytheconditionsandprogressofthework,allnecessarysafeguards fortheprotectionofworkersandthepublic,shallpostdangersignswarningagainstthe hazardscreatedbysuchfeaturesofconstructionsuchaspits,protrudingnails,hosts,well holes,elevatorhatchways,scaffolding,windowopenings,stairwaysandfallingmaterials;

and shall designate a responsible member of its organization on the work, whose duty shall be the prevention of accidents.

8.District Access to Project:

The District shall at all times have access to the work wherever it is in preparation or progress and the Contractor shall provide suitable accommodations for such access.

9. Contractor Foreman:

TheContractorshallappointacompetentsuperintendentandforemanandanynecessary assistants, all of whom shall be satisfactory to the District. If the District in its sole discretion determines that the construction superintendent, foreman, or assistants are unacceptabletotheDistrict,thenuponsevendaysnoticefromtheDistrict,theContractor shall replace such person or persons with people acceptable to the District.

10. Contractor Oversight:

The Contractor shall give efficient supervision to the work, using its best skill and attention. The Contractorshallcarefullystudyandcomparethedrawings,specifications and other instructionsandshallatoncereporttotheDistrictanyerror,inconsistencyor omissionwhichshallbediscovered.Includedinthisresponsibilityshallbesupervisionof all work performed by subcontractors on the work.

11. Deficiencies:

If the Contractor should neglect to prosecute the work properly, or fail to perform the contract or any of its provisions, the District, upon three days written notice, may, without prejudice to any other remedy it may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor.

12. Inspection by the District’s Project Representative:

12.1TheDistrictshallhavetherighttodesignateaProjectRepresentativewhomaymake periodic visits to thesitetofamiliarizetheDistrictgenerallywiththeprogressand quality of the work, and to determine in general if the work is proceeding in accordance with the Contract Documents. The Project Representative will not be required to make exhaustive or continuouson-siteinspectionstocheckthequality or quantity of the work, and will not be responsiblefortheContractor’sfailureto carryouttheconstructionworkinaccordancewiththeContractDocuments.During such visits and on the basis of these observations while at the site, the Project Representative will keep the District informed on the progress of the work, will endeavor to guard the District against defects and deficiencies in the work of contractors,andmaycondemnstructuralworkasfailingtoconformtotheContract Documents. The Project Representative shall have authoritytoactonbehalfofthe DistrictonlytotheextentexpresslydelegatedbytheDistrict,whichshallbeshown to the Contractor, and shall have authority to stop the work whenever such stoppage may reasonably be necessary to insure the proper execution of the Contract.

12.2 Inconnectionwiththework,theProjectRepresentativeshallnotberesponsiblefor constructionmethods,means,techniques,sequencesorproceduresemployedbythe Contractor or the Contractor’s safety programs, requirements, regulations, or precautions.

13. Decisions of the Project Representative:

13.1 The Project Representative shall, within a reasonable time, make decisions on all claims of the District or the Contractor and on all other matters relating to the execution and progress of the structural workortheinterpretationoftheContract Documents.

13.2 TheProjectRepresentative’sdecision,inmattersrelatingtotheproject,shallbefinal, if within the terms of the Contract Documents.

13.3 If, however, the Project Representative fails to render a decision within ten days after thepartieshavepresentedtheirevidence,eitherpartymaythenavailitselfof the remedies provided in this contract or available to it by law. If the Project

Representative renders a decision after such remedies have commenced, such decision may be entered as evidence but shall not disturb or interrupt such proceedings except where such decision is acceptable to the parties concerned.

14. Use of Premises by the Contractor:

14.1 The Contractor shall confine its apparatus, the storage of materials and the operationsofitsworkmentolimitsindicatedbylaw,by-laws,permitsordirections of the District and shall not unreasonably encumber the premises with its materials.

14.2 TheContractorshallnotloadorpermitanypartofthestructuretobeloadedwitha weight that will endanger its safety.

15.Maintenance of Premises:

The…