Carlisle Public School Garage Doors Replacement RFQ 2026.pdf

CPS Garage Door Replacements

TOWN OF CARLISLE, MA

REQUEST FOR QUOTES

Carlisle Public School Garage Door Replacements

Written quotes will be delivered by email to:

Ryan McLane

Town Administrator rmclane@carlislema.gov mailto:rmclane@carlislema.gov

General Information

1. Overview

The Town of Carlisle, 66 Westford St, Carlisle, MA 01741, (the “Town”), seeks quotes from qualified contractors for services to replace three overhead garage doors at the Carlisle Public School. The project is location at the Carlisle Public School, 83 School Street, Carlisle, MA.

Quotes are being solicited in accordance with M.G.L. c. 149, § 44A(B). This contract is subject to the parameters of prevailing wage per Massachusetts General Laws and the contractor is responsible for all applicable wages as well as State, Federal, Social Security and Unemployment taxes and agrees to indemnify and protect the Town against such liability.

All bids must be returned electronically by 12pm on August 26, 2026.

2. Scope of Work

All work will be completed as described in Exhibit A – Scope of Work

Please also confirm in your quote that labor rates are consistent with MA prevailing wage requirements.

It is the responsibility of the contractor to obtain all required Building, Electrical, and Plumbing permits prior to commencement of any work. The Town of Carlisle will waive all Town permit fees.

3. Bidding Instructions:

The Contractor must complete the attached bid form, and it is recommended that all bids add supplemental information about unit pricing. Contractors should bid using the following information:

Base Bid – The base bid includes the cost to complete the scope of work as described under base bid. This bid includes all costs including, but not limited to, mobilization, materials, permits, administration, and labor.

All bids must be returned electronical by 12pm on August 26, 2026.

4. Insurance:

The Contractor shall purchase from, and maintain in a company or companies lawfully authorized to do business in the Commonwealth of Massachusetts, and to which the Town has no reasonable objection, insurance for protection from claims under workers’ compensation acts and other employee benefit acts which are applicable, claims for damages because of bodily injury, including death, and claims for damages, other than to the Work itself, to property which may arise out of or result from the Contractor’s operations and completed operations under the Contract, whether such operations be by the Contractor or by a Subcontractor or anyone directly or indirectly employed by any of them. This insurance shall be written for not less than limits of liability specified herein https://malegislature.gov/laws/generallaws/parti/titlexxi/chapter149/section44a https://www.mass.gov/service-details/prevailing-wage-for-contractors#:%7E:text=The%20Massachusetts%20prevailing%20wage%20laws,(AGO)%20enforces%20these%20laws.

or required by law, whichever coverage is greater. Each policy shall contain a provision that the policy will not be canceled or allowed to expire until at least 30 days’ prior written notice has been given to the Town.

5. Optional Site Visit:

To schedule a site visit or ask questions please contact:

Stephen Connearney Carlisle Facilities Director 66 Westford St, Carlisle MA 01741 sconnearney@carlisle.k12.ma.us or text/call (978) 831-4592

6. Term of Contract and Time for Performance:

This Contract shall be substantially complete by the Contractor on or before June 30, 2026, unless extended pursuant to a provision for extension contained in the Contract Documents at the sole discretion of the Town, and not subject to assent by the Contractor, and subject to the availability and appropriation of funds. The time stated in the Contract Documents are of the essence of the Contract. By executing this Contract, the Contractor confirms that the contract time is a reasonable period for performing the work and achieving substantial completion.

7. Workers Compensation:

The Contractor shall, before commencing the work, provide by insurance for the payment of compensation and the furnishing of other benefits under M.G.L. c. 152 to all persons employed under the Contract, and it shall continue such insurance in force and effect during the term thereof. The Town may require the Contractor to deliver Certificates of Insurance as sufficient proof of compliance with the foregoing. Failure to provide and continue in force such insurance as aforesaid shall be deemed a material breach of the Contract and shall entitle the Town to terminate the Contract without in any way being liable in damages therefor.

8. Required Documents (email to rmclane@carlislema.gov)

1.) Written quote with pricing for the base bid. The written quote must acknowledge the scope of work outlined in this RFQ and the proposed timeline. A bid form has been included for bidding ease but is not required as long as the base bid is identified and represents the entirety of the project.

2.) Proof of insurance 3.) Proof of OSHA compliance and training 4.) Certificate of Corporate Vote 5.) Certification of Non-Collusion 6.) Certificate of Tax Compliance 7.) References for a minimum of 3 public projects of similar size and scope 8.) Return of this form with signature acknowledging items outlined in this RFQ 9.) 50% payment bond (due during contracting phase) mailto:sconnearney@carlisle.k12.ma.us

Bids and required forms are due electronically to the Town Administrator by 12pm on August 26, 2026.

CONTRACTOR:

The undersigned acknowledges the scope of services outline in the RFQ and the installation timeline.

By: ___________________________________

Title: __________________________________

Date Signed: ____________________________

GENERAL BID FORM

Date:

To: Town of Carlisle

A. The undersigned (hereinafter called the Contractor) proposes to furnish all labor, equipment and materials required for the (PROJECT), in accordance with the accompanying Plans and Specifications prepared by the Town of Carlisle Facilities Department listed in Appendix A (Scope of Work). It being understood that the Town of Carlisle, (hereinafter called the Town), will be the sole judge as to acceptance of Bids and award of the Contract.

B. This Bid includes addenda:

C. Base Bid: The proposed Contract Amount to furnish all Base Bid labor, equipment and materials associated with this project option including the minimum requirements listed for the expansion of the Carlisle Town Hall mechanical room, in accordance with the Contract Documents is:

Dollars ($)

D. The undersigned agrees that, if selected as the Contractor, within ten (10) days (Saturdays, Sundays and legal holidays excluded) after presentation thereof by the Town, the Contractor will execute a Contract in accordance with the terms of this General Bid and furnish a Payment Bond from a surety company qualified to do business under the laws of the Commonwealth and satisfactory to the Town, in the sum of 50% of the Contract amount, the premiums of which are to be paid by the Contractor and included in the Contract amount.

E. Bidder proposes to provide all labor and materials necessary to complete the work, as specified in the Contract Documents, and as is reasonably expected due to the existing conditions and required construction, within the completion time specified in the General Bid Form.

F. The undersigned hereby certifies that he is able to furnish labor that can work in harmony with all other elements of the labor employed, or to be employed on the work and that he will comply fully with all laws and regulations applicable to this award. The undersigned further certifies under the penalties of perjury that this bid is in all respects bona fide, fair and made without collusion or fraud with any other person. As used in partnership, corporation or other business or legal entity.

Company Name

Company Address

By:

(Name of Authorized Signature)

Title:

Signature:

Note: This form shall be sealed if Bidder is a Corporation.

Exhibit A – Scope of Work

Scope of Work

Replacement of Three Overhead Garage Doors

Project Description

The Town of Carlisle is seeking qualified contractors to furnish all labor, materials, equipment, supervision, permits (if required), and incidentals necessary to remove and replace three (3) existing sectional overhead garage doors.

The contractor shall provide complete, fully operational overhead door systems as specified herein.

Existing Doors

The project consists of the replacement of the following existing overhead doors:

• Two (2) overhead sectional doors measuring approximately 8'-0" wide x 8'-0" high o Electrically operated o Existing electric openers to be removed and replaced

• One (1) overhead sectional door measuring approximately 8'-0" wide x 6'-6" high o Manual operation o Equipped with a commercial Schlage 6-pin keyed lock

Field verification of all dimensions is the responsibility of the contractor prior to ordering materials.

Work Included

The contractor shall provide all labor and materials necessary to:

• Remove and legally dispose of all existing doors, tracks, hardware, springs, operators, and associated components.

• Furnish and install three new insulated sectional overhead doors.

• Install all new vertical and horizontal tracks.

• Install all new torsion spring assemblies sized for each door.

• Install all new rollers, hinges, cables, drums, brackets, weather seals, and hardware.

• Keep existing vinyl weather stripping.

• Install new bottom weather seals.

• Adjust doors for smooth, balanced operation.

Door Construction

Doors shall meet or exceed the following minimum specifications:

• Commercial-grade sectional overhead doors

• Steel construction

• Minimum 24-gauge exterior steel

• Insulated polyurethane or polystyrene core

• White factory finish

• Flat panel design (or approved equal)

• Interior reinforcement suitable for electric operators

• Wind load rating suitable for Massachusetts building code requirements

Electric Operators

The two (2) 8' x 8' doors shall each receive new commercial-duty electric operators.

Operators shall include:

• Heavy-duty commercial operator

• Wall-mounted three-button control station

• Safety photo-eye sensors

• Automatic reversing mechanism

• Emergency manual disconnect

• All wiring and connections required for complete operation (use existing where applicable)

• Limit adjustments and operational testing

Manual Door

The 8' x 6'-6" manual door shall include:

• Commercial-grade lift handle

• Commercial Schlage 6-pin keyed cylinder lock

• Interior locking mechanism

• Smooth manual operation

The contractor shall coordinate the lock keying with the Town if required.

Hardware

All hardware shall be new and include:

• Galvanized track assemblies

• Heavy-duty hinges

• Commercial rollers with ball bearings

• High-cycle torsion springs

• High-grade lift cables

• Bottom brackets

• Cable drums

• Fasteners

Installation Requirements

The contractor shall:

• Protect surrounding building finishes.

• Coordinate work with the Town Facilities Director to minimize disruption.

• Maintain safe access to the building.

• Delivery of factory keys.

Contractor Qualifications

The contractor shall:

• Be experienced in commercial overhead door installation.

• Be properly licensed to perform the work in the Commonwealth of Massachusetts.

• Carry all required insurance.

• Comply with all applicable OSHA regulations and Massachusetts building codes.

Bid Requirements

The bid shall include:

• Removal and disposal of existing doors.

• Complete installation of all new materials.

• Electrical operators for two doors.

• Manual hardware for one door.

• Commercial Schlage 6-pin lock. (manual door)

• All permits (if required).

• Freight and delivery.

• Cleanup.

• Testing and commissioning.

• Warranty.

No additional compensation will be made for items reasonably required to provide complete, fully functional overhead door systems.

Exhibit B – Bid Administration Forms

CERTIFICATE OF NON-COLLUSION

The undersigned under penalties of perjury certifies that this bid is in all respects bona fide, fair and made without collusion or fraud with any other person. As used in this section, the word "person" shall mean any natural person, joint venture, partnership, corporation, or other business or legal entity.

CONTRACTOR:

By

(Title)

(Date)

CERTIFICATE OF TAX COMPLIANCE

Pursuant to Commonwealth of Massachusetts General Laws, Chapter 62C, Section 49A, I certify under the pains and penalties of perjury that, _________________________________________ (Contractor) has filed all Commonwealth of Massachusetts state tax returns, has complied with all Commonwealth of Massachusetts laws relating to taxes, and has paid all Commonwealth of Massachusetts State Taxes required under law.

(Contractor)

By:______________________________________

Contractor’s Federal Tax I.D. No. _____________

CERTIFICATE AS TO CORPORATE BIDDER

I_______________________________________________________________________ certify that I am the _______________________________________________________of the Corporation named as bidder in the within Bid Form; that___________________________________________ who signed said

Bid Form on behalf of the Bidder was then _______________________ of said Corporation; that I know his signature and that his signature hereto is genuine and that said Bid Form was duly signed, sealed and executed for and on behalf of said Corporation by authority of its Board of Directors.

(Corporate Seal)

(Signature)

(Title)

This Certificate must be completed where Bidder is a Corporation, and should be so completed by its Clerk. In the event that the Clerk is the person signing the Proposal on behalf of the Corporation, this Certificate must be completed by another officer of the Corporation.

CERTIFICATE OF VOTE

(to be filed if Contractor is a Corporation)

I, ____________________________, hereby certify that I am the duly qualified and (Secretary of the Corporation) acting Secretary of _________________________________ and I further certify that a meeting (Name of Corporation) of the Directors of said Company, duly called and held on _____________________, at which all (Date of Meeting)

Directors were present and voting, the following vote was unanimously passed:

VOTED: To authorize and empower

Anyone acting singly, to execute Forms of General Bid, Contracts or Bonds on behalf of the Corporation.

I further certify that the above vote is still in effect and has not been changed or modified in any respect.

By:_____________________________

(Secretary of Corporation)

A True Copy:

Attest:____________________________

(Notary Public)

My Commission Expires __________________

(Date)

• Remove all debris daily.

• Leave the work area broom clean.

Warranty

Provide:

• Minimum one (1) year workmanship warranty.

• Manufacturer's standard warranty on doors.

• Manufacturer's warranty on operators.

• Manufacturer's warranty on springs and hardware.

Warranty documentation shall be provided upon project completion.

Submittals

Prior to installation, the contractor shall provide:

• Manufacturer specifications

• Product data

• Color selection (standard white unless otherwise approved)

• Shop drawings

Final Acceptance

Final acceptance shall include:

• Operational testing of all doors.

• Testing of all safety devices.

• Adjustment of springs and operators.

• Demonstration of operation to Town personnel.

• Delivery of warranty information.

• Delivery of operator manuals.

Contract & General Conditions for Procurement of Services

This Contract is entered into on, or as of, this 4h day of December, 2025 by and between the Town of Carlisle, Massachusetts (the “Town” or “Awarding Authority”), and Fort Meadow Builders, a LLC (the “Contractor”).

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

Town Hall Mechanic Room as described in the attached Request for Quotes and Contractor Bid Submission (Appendix A).

2. The Town agrees to pay the Contractor for Work performed in conformity with the

Request for Quotes and the Contractor’s rates set forth in its bid, a copy of which is attached hereto as Exhibit A. The costs for this project including any accepted alternates shall not exceed $57,828 unless agreed upon in writing by both parties.

3. Payment.

3.1 Once each month, on a date established at the beginning of the Work, the Contractor shall deliver to the Owner an itemized Application for Payment, supported by such data substantiating the Contractor's right to payment as the Owner may require. The application shall reflect a minimum of 5% retainage and shall be subject to, and processed in accordance with, the provisions of M.G.L. c.

149, which provides:

Within fifteen days (30 days in the case of the commonwealth, including local housing authorities) after receipt from the contractor, at the place designated by the awarding authority if such a place is so designated, of a periodic estimate requesting payment of the amount due for the preceding month, the awarding authority will make a periodic payment to the contractor for the work performed during the preceding month and for the materials not incorporated in the work but delivered and suitably stored at the site (or at some location agreed upon in writing) to which the contractor has title or to which a subcontractor has title and has authorized the contractor to transfer title to the awarding authority, upon certification by the contractor that he is the lawful owner and that the materials are free from all encumbrances, but less (1) a retention based on its estimate of the fair value of its claims against the contractor and less (2) a retention for direct payments to subcontractors based on demands for same in accordance with the provisions of section thirty-nine F, and less (3) a retention not exceeding five per cent of the approved amount of the periodic payment. After the receipt of a periodic estimate requesting final payment and within sixty-five days after (a) the contractor fully completes the work or substantially completes the work so that the value of the work remaining to be done is, in the estimate of the awarding authority, less than one per cent of the original contract price, or (b) the contractor substantially completes the work and the awarding authority takes possession for occupancy, whichever occurs first, the awarding authority shall pay the contractor the entire balance due on the contract less (1) a retention based on its estimate of the fair value of its claims against the contractor and of the cost of completing the incomplete and unsatisfactory items of work and less (2) a retention for direct payments to subcontractors based on demands for same in accordance with the provisions of section thirty-nine F, or based on the record of payments by the contractor to the subcontractors under this contract if such record of payment indicates that the contractor has not paid subcontractors as provided in section thirty-nine F. If the awarding authority fails to make payment as herein provided, there shall be added to each such payment daily interest at the rate of three percentage points above the rediscount rate than charged by the Federal Reserve Bank of Boston commencing on the first day after said payment is due and continuing until the payment is delivered or mailed to the contractor; provided, that no interest shall be due, in any event, on the amount due on a periodic estimate for final payment until fifteen days (twenty-four days in the case of the commonwealth) after receipt of such a periodic estimate from the contractor, at the place designated by the awarding authority if such a place is so designated.

The contractor agrees to pay to each subcontractor a portion of any such interest paid in accordance with the amount due each subcontractor.

The awarding authority may make changes in any periodic estimate submitted by the contractor and the payment due on said periodic estimate shall be computed in accordance with the changes so made, but such changes or any requirement for a corrected periodic estimate shall not affect the due date for the periodic payment or the date for the commencement of interest charges on the amount of the periodic payment computed in accordance with the changes made, as provided herein; provided, that the awarding authority may, within seven days after receipt, return to the contractor for correction, any periodic estimate which is not in the required form or which contains computations not arithmetically correct and, in that event, the date of receipt of such periodic estimate shall be the date of receipt of the corrected periodic estimate in proper form and with arithmetically correct computations. The date of receipt of a periodic estimate received on a Saturday shall be the first working day thereafter. The provisions of section thirty-nine G shall not apply to any contract for the construction, reconstruction, alteration, remodeling, repair or demolition of any public building to which this section applies.

All periodic estimates shall be submitted to the awarding authority, or to its designee as set forth in writing to the contractor, and the date of receipt by the awarding authority or its designee shall be marked on the estimate. All periodic estimates shall contain a separate item for each filed subtrade and each sub-subtrade listed in sub-bid form as required by specifications and a column listing the amount paid to each subcontractor and sub-subcontractor as of the date the periodic estimate is filed. The person making payment for the awarding authority shall add the daily interest provided for herein to each payment for each day beyond the due date based on the date of receipt marked on the estimate.

A certificate of the architect to the effect that the contractor has fully or substantially completed the work shall, subject to the provisions of section thirty-nine J, be conclusive for the purposes of this section.

Notwithstanding the provisions of this section, at any time after the value of the work remaining to be done is, in the estimation of the awarding authority, less than 1 per cent of the adjusted contract price, or the awarding authority has determined that the contractor has substantially completed the work and the awarding authority has taken possession for occupancy, the awarding authority may send to the general contractor by certified mail, return receipt requested, a complete and final list of all incomplete and unsatisfactory work items, including, for each item on the list, a good faith estimate of the fair and reasonable cost of completing such item. The general contractor shall then complete all such work items within 30 days of receipt of such list or before the contract completion date, whichever is later. If the general contractor fails to complete all incomplete and unsatisfactory work items within 45 days after receipt of such items furnished by the awarding authority or before the contract completion date, whichever is later, subsequent to an additional 14 days' written notice to the general contractor by certified mail, return receipt requested, the awarding authority may terminate the contract and complete the incomplete and unsatisfactory work items and charge the cost of same to the general contractor and such termination shall be without prejudice to any other rights or remedies the awarding authority may have under the contract. The awarding authority shall note any such termination in the evaluation form to be filed by the awarding authority pursuant to the provisions of section 44D of chapter 149.

3.2 Except with the Town’s prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site.

3.3 Acceptance of periodic payments by the Contractor shall constitute a waiver of claims known or knowable at the time by the payee except those previously made in writing and identified by the payee as unsettled at the time of periodic payment.

3.4 The payment of any periodic estimate or of any retained percentage shall in no way constitute an acceptance of the work or in no way prejudice or affect the obligation of the Contractor at its own cost or expense to repair, correct, renew, or replace any defects or imperfections in the work as well as all damages due or attributable to such defects, nor shall any such payments for any current estimate or of any retained percentages prejudice or affect the rights of the Town to hold the Contractor liable for breach of contract or avail itself of other remedies under this Contract.

3.5 If at any time there shall be evidence of any lien or other claim for which, if established, the Town may become liable, directly or indirectly, and which is chargeable to the Contractor, the Town may retain out of the payment then due or thereafter to become due, an amount sufficient to completely indemnify it against any such claim. If there proves to be any such claims after all the payments are made, the Contractor shall refund to the Town all moneys that the Town pays in discharging such claim in consequence of the Contractor’s default.

4. Definitions:

4.1 Acceptance: All contracts require proper acceptance of the described goods or services by the Town. Proper acceptance shall be understood to include inspection of goods and certification of acceptable performance of services by authorized representatives of the Town to ensure that the goods or services are complete and are as specified in the Contract.

4.2 Contract Documents: All documents relative to the Contract, including (where used) Supplements; Invitation for Bids; Instructions to Bidders; Bid Forms;

Construction Forms including Bond Forms, Form for Subcontract, Certificate of Vote and Statement of Tax Compliance; Special Conditions; Notice of Intent to Award Contract; Notice to Proceed; Change Orders; Proposal Forms, Specifications, and all Addenda issued during the bidding period. The Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all. The intention of the documents is to include all labor and materials, equipment and transportation necessary for the proper performance of the Contract. In the event of any conflict between any provision or language of the Contract and any provision or language of the Contract Documents, the provision or language of the Contract shall control.

4.3 Modification: (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Town.

4.4 Substantial Completion: The term “substantial completion” as used in the

Contract shall mean the point at which the Work on any given project is at a level of completion in strict compliance with this Contact such that the Town or its designee can enjoy beneficial use or occupancy and can use or operate it in all respects, for its intended purpose. Partial use or occupancy shall not result in the work being deemed substantially complete, and such partial occupancy shall not be evidence of substantial completion.

5. Term of Contract and Time for Performance:

5.1 Term of Contract. This Contract shall terminate on or before June 30, 2026 unless extended pursuant to a provision for extension contained in the Contract Documents at the sole discretion of the Town, and not subject to assent by the Contractor, and subject to the availability and appropriation of funds.

5.2 Time for Performance. The time stated in the Contract Documents and in the

Scope of Work for any given project (“Contract Time”) are of the essence of the Contract. By executing this Contract, the Contractor confirms that the Contract Time is a reasonable period of time for performing the Work and achieving substantial completion on each project.

6. Changes in the Work: By appropriate Modification, changes in the Work may be accomplished after execution of the Contract. The Town, without invalidating the Contract, may order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, with the Contract Price and Contract Time being adjusted accordingly. Such changes in the Work shall be authorized by written Change Order signed by the Town and Contractor, or by written Construction Change Directive signed by the Town.

7. Payment Bond: [INTENTIONALLY OMITTED]

8. Employment:

8.1 Competence: The Contractor shall employ workers competent to perform the work required by this Contract and if notified by the Town in writing that any person engaged upon the work is incompetent, unfaithful, disorderly or otherwise unsatisfactory, then such worker shall be discharged for the work.

8.2 Restriction on Hours: No laborer, worker, mechanic, foremen or inspector working within the Commonwealth of Massachusetts in the employ of the Contractor, subcontractors or other persons doing or contracting to do the whole or part of the work contemplated by this Contract, shall be required or permitted to work more than eight (8) hours in any one calendar day; or more than forty-eight (48) hours in one week, or more than six (6) days in any one week in full compliance with the provisions of M.G.L. c. 149, § 34, except in cases of emergency.

8.3 Weekly Wages: M.G.L. c. 149, § 148 requires the weekly payment of employees.

8.4 Workers Compensation: The Contractor shall, before commencing the work, provide by insurance for the payment of compensation and the furnishing of other benefits under M.G.L. c. 152 to all persons employed under the Contract, and it shall continue such insurance in force and effect during the term thereof. The Town may require the Contractor to deliver Certificates of Insurance as sufficient proof of compliance with the foregoing. Failure to provide and continue in force such insurance as aforesaid shall be deemed a material breach of the Contract and shall entitle the Town to terminate the Contract without in any way being liable in damages therefor.

8.5 Register of Employees: The Contractor shall keep a true and accurate register of all mechanics, teamsters, chauffeurs and laborers employed upon the work contemplated by this Contract showing the name, address and occupational classification of each such employee, the hours worked by and the wages paid to each such employee, and shall furnish the Massachusetts Department of Labor and Industries upon its request a true statement thereof.

8.6 Wage Rates (M.G.L. c. 149, §26, et. seq.): In conformity with the provisions of the laws of the Commonwealth of Massachusetts, the minimum wages paid to craftsmen, teamsters, mechanics, laborers and apprentices shall not be less than those established by a schedule which has been prepared by the Department of Labor and Industries. Payments by employers to health and welfare plans, pension plans and supplementary unemployment benefit plans under collective bargaining agreements or understandings between organized labor and employers shall be included for the purpose of establishing minimum wage rates as herein provided.

8.7 “Right To Know” Law: If the Contractor uses or stores toxic or hazardous substances it is subject to M.G.L. c.111F, §2, the “Right To Know” law, and regulations promulgated by the Department of Public Health, the Department of Environmental Protection and the Department of Labor and Industries; and must post a Workplace Notice obtainable from the Department of Labor and Industries.

8.8 Preference To Veterans and Citizens In Public Works: M.G.L. c. 149, §26 is incorporated by reference herein.

9. Payment of Subcontractors: Payment to subcontractors shall be made in accordance with M.G.L. c.30, §39F, which is incorporated by reference herein.

10. Performance

10.1 Prosecution of Work; Responsibility for Employees and Agents: The Contractor shall give attention constantly to the faithful prosecution of the work and shall keep the same under its personal control. It shall be responsible for all the acts and omissions of its employees, subcontractors and of all persons directly or indirectly employed by it in connection with the prosecution of this work.

10.2 Inspection of Work: At all times relevant to the Contract, the Contractor shall permit the Town to review or inspect the work without formality or other procedure. The Contractor shall provide sufficient and proper facilities at all times for the inspection of the work by the Town.

10.3 Defective Work: The Contractor shall, after receiving written notice that certain work or construction is improper, unsafe or defective or that such construction in any way fails to conform to the Contract, forthwith remove such unsafe or defective construction and reconstruct the same in a manner remedying the construction after being so notified, the Town may cause such defective work to be remedied or replaced and the Town may deduct the cost thereof from any moneys due or to become due the Contractor.

10.4 Suspension of Work - Contractor’s Failure(s): The Town shall have the authority to suspend the work wholly or any part thereof for such period as the Town shall deem necessary due to failure of the Contractor to carry out orders given or to perform any provisions of the Contract. Upon receipt of written order from the Town, the Contractor shall immediately suspend the work or such part thereof in accordance with the order. No work shall be resumed when conditions so warrant or deficiencies have been corrected and the condition of the Contract as ordered or approved in writing by the Town. No allowance of any kind will be made for suspension of work by order of the Town.

10.5 Suspension of Work - Act of Nature: Should the Contractor be obstructed or delayed in the prosecution of the work as a result of damage which may be caused by lightning, earthquake, rain, storm or cyclone or similar act of nature, then the time fixed for completion may be extended for a period equivalent to the time lost by reason of any of the forgoing causes. No such extension shall be made unless a claim therefor is presented in writing to the Town within forty-eight (48) hours of the occurrence of any such delay. The Contractor shall have no claim against the Town for damages on account of such delay. The duration of the extension itself must be certified to by the Town.

10.6 Delay or Suspension of Work - All Other Circumstances: The Contractor agrees that it shall have no claim for damages of any kind on account of any delay in commencement of the work. Post commencement, the Contractor shall have no claim for damages of any kind on account of any delay or suspension of any portion of the work except as hereinafter provided. Adjustments, if any, in the contract price due to the suspension, delay, interruption or failure to act by the Town shall be governed by the provisions of M.G.L. c. 30, §39(O), which is incorporated by reference herein. Provided, further, that no adjustment shall be made if the performance of the Contractor would have been prevented by other causes, even if the work had not been so suspended, delayed or interrupted by the Town. Provided, further, that a subcontractor shall have the same rights against the Contractor for payment for an increase in the cost of its performance as the provisions of this Article gives the Contractor against the Town, but nothing herein shall in any way change, modify or alter any other rights which the Contractor and subcontractor may have against each other.

10.7 Subsurface or Latent Physical Conditions: Any request for an adjustment in the contract price, due to differing subsurface or latent physical conditions shall be governed by the provisions of M.G.L. c. 30, §39N, which is incorporated by reference herein.

10.8 Additional Work and Contractors: The Town may award other contracts for additional work. The Contractor shall cooperate fully with other contractors and carefully fit its own work to that of other contracts as may be directed by the Town. The Contractor shall not commit or permit any acts which will interfere with the performance of work by any other contractor.

10.9 Compliance With Laws: The Contractor shall keep itself fully informed of and comply with all existing and future federal, state and municipal laws and regulations and all orders and decrees of any governmental bodies or tribunals (hereinafter also referred to as “laws”) having jurisdiction in any manner which affect this Contract or construction, including but not limited to such laws affecting those engaged or employed in the work, the materials used in the work or in any way affecting the conduct of the work. If any clause in this Contract does not conform to such law, then such clause shall be void and the law operative shall be inserted in lieu thereof. If any discrepancy or inconsistency is discovered in the specifications, drawings, or contract documents in violation of the law, the Contractor shall forthwith report the same in writing to the Town.

The Contractor shall cause its employees, agents and subcontractors to also observe and comply with all such laws. It shall protect and indemnify the Town and its officials, employees and duly appointed agents against any claim or liability arising from or based on any violation, whether by the Contractor or its officials, employees or subcontractors, of any such law.

11. Insurance:

11.1 The Contractor shall purchase from, and maintain in a company or companies lawfully authorized to do business in the Commonwealth of Massachusetts, and to which the Town has no reasonable objection, insurance for protection from claims under workers’ compensation acts and other employee benefit acts which are applicable, claims for damages because of bodily injury, including death, and claims for damages, other than to the Work itself, to property which may arise out of or result from the Contractor’s operations and completed operations under the Contract, whether such operations be by the Contractor or by a Subcontractor or anyone directly or indirectly employed by any of them. This insurance shall be written for not less than limits of liability specified herein or required by law, whichever coverage is greater. Each policy shall contain a provision that the policy will not be canceled or allowed to expire until at least 30 days’ prior written notice has been given to the Town.

1. Commonwealth of Massachusetts Statutory Worker’s Compensation and other benefits as required under the General Laws of Massachusetts, including Employer’s Liability Part B: $500,000/$500,000/$500,000.

2. Broad form Commercial General Liability, written on a “per occurrence” basis with an aggregate cap no less than three (3) times the required limit:

$1,000,000 C.S.L.

- Property Damage Liability shall include coverage for X-C-U hazard of explosion, collapse, and damage to underground property.

3. Umbrella or Excess Liability coverage following form of underlying General, Automobile and Employers’ Liability Coverage: Minimum of $2,000,000 C.S.L. over primary insurance with no more than $10,000 Retention.

4. Comprehensive Automobile Liability covering owned, non-owned, and hired or borrowed vehicles: $1,000,000 C.S.L.

11.2 The above insurance policies shall also be subject to the following requirements:

1. Whenever applicable, including, but not limited to Contractor’s Broad Form General Liability Insurance, all insurance coverage shall be on an “occurrence basis” and not a “claims-made basis”.

2. Certificates of Insurance and copies of policies acceptable to the Town shall be addressed to and filed with the Town prior to commencement of the work.

Renewal certificates shall be filed with the Town at least thirty (30) days prior to the expiration date of required policies.

3. All premium costs shall be included in the Contractor’s bid. The Contractor shall be responsible for the cost of any and all deductibles.

4. The Town (including its officials, employees agents and representatives) shall be named as an additional insured on Contractor’s General Liability, Automobile Liability and Umbrella or Excess Liability Policies.

11.3 Neither the Town’s authority to review certificates and policies of insurance nor its decision to raise or not to raise any objections about those certificates and policies, shall in any way give rise to any duty or responsibility on the part of the Townto exercise this authority for the benefit of the Contractor, any Subcontractor, Sub-subcontractor, or Supplier, or any other party.

11.4 The Contractor’s liability insurance shall remain in effect until the end of the

Correction period as defined in the Contract Documents, and at all times after that when the Contractor may be correcting, removing or replacing defective Work.

The Completed Operations insurance shall be maintained for three (3) years after Final Payment.

11.5 Insufficient insurance shall not release the Contractor from any liability for breach of its obligations under this Contract.

12. Other Statutory Requirements:

12.1 Record Keeping and Management Controls: The Contractor shall comply with M.G.L. c. 30, § 39R.

12.2 Non-Discrimination: The Contractor shall not discriminate on grounds of race, color, religious creed, national origin, age or sex in employment practices, in the selection or retention of subcontractors, the procurement of material and rental of equipment, employment decisions or in any aspect of the performance of this Contract. The Contractor shall also comply with all applicable laws and regulations pertaining to non-discrimination. In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, each potential subcontractor shall be notified by the Contractor of the Contractor’s obligations under this Contract relative to non-discrimination and it shall be a term of each contract with a subcontractor in connection with the performance of this work under this Agreement, that the subcontractor be bound to non-discrimination and equal opportunity requirements equivalent to the obligations of the Contractor hereunder.

12.4 Reserve Police Officer: In accordance with M.G.L. c.149, §34B, the Contractor shall pay to any reserve police officer employed by it the prevailing wage paid to regular police officers.

12.5 This Contract will be constructed and governed by the provisions of applicable federal, state and local laws and regulations and wherever any provision of this Contract or Contract Documents shall conflict with any provision or requirement of federal, state or local law or regulation, then the provisions of law and regulation shall control. Where applicable to the Contract, the provisions of the General Laws are incorporated by reference into this Contract.

12.6 Wherever applicable law mandates the inclusion of any term or provision into a municipal contract, this section shall be understood to import such term or provision into this Contract. To whatever extent any provision of this Contract shall be inconsistent with any law or regulation limiting the power or liability of cities and towns, such law or regulation shall control.

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

13. Subject to Appropriation: Notwithstanding anything in the Contract Documents to the contrary, any and all payments that the Town is required to make under this Contract shall be subject to appropriation or other availability of funds as certified by the Town Accountant.

14. The Contractor's Breach and the Town's Remedies: Failure of the Contractor to comply with any of the terms or conditions of this Contract shall be deemed a material breach of this Contract, and the Town of Dracut shall have all the rights and remedies provided in the Contract and Contract Documents, including, but not limited to, the right to cancel, terminate, or suspend the Contract in whole or in part, the right to maintain any and all actions at law or in equity, or other proceedings with respect to a breach of this Contract, including damages and specific performance, and the right to select among the remedies available to it by all of the above.

15. Claims by Contractor and Liability of Town: All claims by the Contractor against the

Town shall, unless otherwise provided by law, be initiated by a written claim submitted to the Town no later than seven (7) calendar days after the event or the first appearance of the circumstances causing the claim. The claim shall set forth in detail all known facts and circumstances supporting the claim. The Contractor shall continue its performance under this Contract regardless of the submission or existence of any claims.

The liability of the Town under this Agreement is limited to the compensation provided herein for work actually performed to the extent that such compensation is permitted by law. The Town’s liability shall in no event include liability for incidental, special or consequential damages or lost profits or for damages of loss from causes beyond the Town’s reasonable control.

16. Conflict of Interest: The Contractor acknowledges that the Town is a municipality for the purposes of Chapter 268A of the Massachusetts General Laws (the Massachusetts conflict of interest statute), and the Contractor agrees, as circumstances require, to take actions and to forbear from taking actions so as to be in compliance at all times with obligations of the Contractor based on said statute.

17. Certification of Tax Compliance: This Contract must include a certification of tax compliance by the Contractor.

18. Indemnification:

18.1 To the fullest extent permitted by law the Contractor shall indemnify and defend and save harmless the Town and all of its officers, agents and employees, against all suits, demands, claims, judgments or liability of every name, nature, and description arising out of, relating to, or in consequence of the acts or omissions of the Contractor, or any subcontractor, in the performance of the work covered by the Contract or the failure to comply with the terms and conditions thereof; and the Contractor shall at its own cost and expense defend any and all such suits and actions.

18.2 The Contractor further covenants to indemnify, defend and hold harmless the

Town, its officers, agents, and employees from and against each and every demand, claim, judgment or liability for or on account of the use of any patented invention, article or appliance included in the materials and equipment agreed to be furnished, supplied or used under this Contract.

19. Guarantees:

19.1 The Contractor guarantees and warrants to the Town that all labor furnished under this Contract will be competent to perform the tasks undertaken, that the product of such labor will yield only first-class results, that materials and equipment furnished will be of good quality and new unless otherwise permitted by this Contract, and that the work will be of good quality, free from faults and defects and in strict conformance with this Contract. All work not conforming to these requirements may be considered defective.

19.2 If at any time any part of the work constructed under the terms of this Contract shall in the opinion of the Town require repairing due to defective work or materials furnished by the Contractor, the Town may notify the Contractor in writing to make the required repairs. If the Contractor shall neglect to start such repairs within ten (10) days of the date of giving it notice thereof and to complete the same to the satisfaction of the Town with reasonable dispatch, then the latter may employ other persons to make such repairs. The Town shall charge the expense thereof to the Contractor and may use any moneys still to pay for the same, and if such sum is insufficient, the Contractor shall be obligated to pay the balance thereof.

19.3 All guarantees and warranties required in the various sections of the

Specifications which originate with a subcontractor or manufacturer must be delivered to the Town before final payment to the Contractor may be made for the amount of that sub-trade or for the phase of work to which the guarantee or warranty relates. The failure to deliver a required guarantee or warranty shall be held to constitute a failure of the subcontractor to fully complete its work in accordance with the Contract Documents. The Contractor’s obligation to correct work is in addition to, and not in substitution of, such guarantees or warranties as may be required in the various Sections of the Specifications.

20. [Intentionally omitted.]

21. Termination:

21.1 If the Contractor shall be adjudged as bankrupt, or if it shall make a general assignment for the benefit of its creditors, or if a receiver of its property shall be appointed, or if the work to be done under the Contract shall be abandoned, or if the Contract or any part thereof shall be sublet without the previous written consent of the Town or if the Contract or any claim thereunder shall be assigned by the Contractor otherwise than as herein specified, or if at any time the Town shall be of the opinion that the work, or any part thereof, is unnecessarily or unreasonably delayed, or that the Contractor has violated any of the provisions of the Contract, the Town may notify the Contractor to discontinue all work, or any part thereof; and thereupon the Contractor shall discontinue such work or such part thereof as the Town may designate, as the Town directs, and the Town may thereupon, by contract or otherwise, as it may determine, complete the work, or such part thereof, and charge the entire expense of so completing the work or any part thereof to the Contractor. In such case, the Contractor shall not be entitled to receive any further payment until the work is finished.