RFP Centreville Wharf Park Bandshell Project

Exactly as extracted, unformatted — for checking against the original. The readable version is easier to read.

TOWN OF CENTREVILLE
Queen Anne’s County, Maryland
Centreville Wharf Park: Bandshell Project
Request for Proposal
(RFP)
Documents Available: January 5, 2026 @ 1:00 p.m.
Mandatory Pre-bid Meeting: January 21, 2026 @ 9:00 a.m.
Bid Due: February 6, 2026 @ 1:00 p.m.
Bid Location: Centreville Town Hall
101 Lawyers Row
Centreville, MD 21617
CONTACT:
Michael C. Whitehill, Project Administrator
(c) 443-988-1947 or by e-mail - michael@whitehillconsultingllc.com
Town Hall
101 Lawyers Row
Centreville, MD 21617
410-758-1180
Page 1 of 21

Bid Package Contents
BID PACKAGE CONTENTS Page 2
REQUEST FOR PROPOSAL Page 3
CENTREVILLE WHARF PARK DESIGN Page 4
CENTREVILLE WHARF PARK VICINITY MAP Page 5
STANDARD BIDDING FORMS Pages 6-10
GENERAL SPECIFICATIONS Pages 11-12
INFORMATION TO BIDDERS Pages 13-21
Page 2 of 21

Town of Centreville
Request for Proposal
Centreville Wharf Park Bandshell Project
The Town of Centreville (Town) is accepting sealed bids from qualified and interested bidders for the
following project:
The Town is seeking Design/Builders (Contractor) to provide full designs and construct a bandshell
approximately 40’ x 17’ for the Centreville Wharf Park. The intent of this request is to provide
design/build structure complete and ready to occupy. This project is funded in full by the Maryland
Department of Natural Resources Community Parks and Playground Grant.
Bid packages will be available Monday, January 5, 2026, at 1:00 p.m. at Town Hall, Town of Centreville,
101 Lawyers Row, Centreville Maryland 21617, 410-758-1180, or found as a download in .pdf form on
the Town's website: www.townofcentreville.org/requests-for-proposals/.
A Mandatory Pre-bid Meeting will be held in the field onsite on Wednesday, January 21, 2026, at 9:00
a.m. at the Wharf Park parking lot (See Vicinity Map). It is recommended you inspect the project site
prior to the mandatory meeting. Please bring any initial questions you may have to the pre-bid.
Bids must be received at Town Hall by Friday, February 6, 2026, at 1:00 p.m. at which time they will be
publicly opened and read aloud.
The Town reserves the right to reject any and all bids, to waive any requirements and to accept all or
part of any bid considered to be in the best interest of the Town. Award of the contract is subject to the
approval of the Town Manager and Town Council of Centreville. The Town is an Equal Opportunity
Employer. Discrimination based on age, race, sex, disability, or national origin is expressly prohibited.
Contact:
Michael C. Whitehill, Project Administrator
(c) 443-988-1947 or by e-mail – michael@whitehillconsultingllc.com.
Page 3 of 21

CENTREVILLE WHARF PARK PHASE III PLANS
Page 4 of 21
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CENTREVILLE GENERAL VICINITY MAP
Page 5 of 21

STANDARD BIDDING FORMS
To: Town Manager, Town of Centreville
We hereby submit for your review the following bid as requested by the Request for Proposals.
This Bid Form includes and incorporates all information and specifications as required by the Contract
Documents, as described in “Information to Bidders”, the same as if specifically written herein.
---------------------------------------------------------------------------------------------------------------------------------------
TOWN OF CENTREVILLE
Centreville Wharf Park Bandshell Project
Use Only Form on Pages 6-11 for this Item
BID AMOUNT
BIDDER:
AGENT:
FIRM:
ADDRESS:
PHONE:
EMAIL:
SUBMITTED BY:
(Signature of Authorized Agent)
(Title)
THIS DAY OF , 2026.
TOWN OF CENTREVILLE USE:
Additional Information:
ATTEST: ACCEPTED:
Carolyn M. Brinkley, Town Manager
Page 6 of 21

BID FORM
Request for Proposal
This bid request challenges the bidding Contractor to construct a bandshell with as close to the
designated 40’x17’ covered area as possible within a target working budget of $75,000.00. The Town is
looking for the fullest, most attractive, and usable structure possible inside the cap at the best price
which may not be the lowest bid. This structure may be of durable wood, metal, or other composite
materials with no internal bird nesting surfaces or open rafters or purlins. These are to have standing
seam (preferred) or exposed fastener metal roofing panels and be constructed to accommodate electric
outlets and lighting. A cupola matching those on the existing pavilions is desired along with an access
doorway in the center of the rear wall. We will entertain the use of high-density wood panel board
(colored black) for the inside of the sound barrier and wood look for the exterior. We encourage
designers to attempt a maritime theme fitting the deep history of the Wharf Park and existing structures
thereon. Contractors may consider turned down floating slabs as the bandshell will be constructed on
made land with seasonally high-water table. All slabs must be poured to provide positive drainage away
from the slabs in all directions. All designs must be sealed by an architect licensed to practice in the
State of Maryland. Prefabricated or kit structures will be considered. We are asking the Contractor to
provide the most attractive, suitably sized, fully functional, durable, maritime themed bandshell with the
highest production value possible with the best price within the constraints of the grant funding. Please
include a cupola(s) and weathervane matching those on the existing pavilions. Your bid will be reviewed
on the quality of design and best use of available funds.
Building permits and construction stake out of slab will be provided by the Town. Construction materials
and equipment staging to occur at the north end of the existing parking lot.
REQUIRED SUPPLEMENTAL INFORMATION
1. Each bidder shall provide three (3) references for similar construction projects completed by the
bidder within the last three (3) years. Provide description of the project, contract award
amount, client/organization name, reference name/point of contact and phone number.
2. Certification (self-certification) that the bidder attended the mandatory site visit and pre-bid
conference.
3. Construction start and completion dates.
4. The Bidder shall provide a current Certificate of Good Standing from the Maryland Department
of Assessment and Taxation.
Remember- attendance at the pre-bid meeting is mandatory. No bids will be
considered without verification of attendance.
Page 7 of 21

AFFIDAVIT OF QUALIFICATION TO BID
I hereby affirm that
1. I am the (Title)______________________________________________ and the duly
authorized representative of the Company of (Name of Corporation)
whose address is
and that I possess the legal authority to make this affidavit on behalf of myself and the firm for
which I am acting.
2. Except as described in paragraph 3 below, neither I nor the above firm, nor to the best of my
knowledge, any of its officers, directors, or partners, or any of its employees directly involved in
obtaining contracts with the State or any county, bi-county or multi-county agency, or subdivision
of the State have been convicted of, or have pleaded nolo contendre to a charge of, or have
during the course of an official investigation or other proceeding admitted in writing or under
oath acts or omissions which constitute bribery, attempted bribery, or conspiracy to bribe under
the provisions of Article 27 of the Annotated Code of Maryland or under the laws of any state or
the federal government (conduct prior to July 1, 1977 is not required to be reported).
3. (State “none” or, as appropriate, list any conviction, plea, or admission described in paragraph 2
above, with the date, court, position with the firm, and the sentence or
disposition, if any).
I acknowledge that this affidavit is to be furnished to The Town Council of Centreville, the Town
Attorney, and where appropriate, the Attorney General under Section 16D of Article 78A of the
Annotated Code of Maryland. I acknowledge that, if the representations set forth in this affidavit
are not true and correct, The Town Council of Centreville may terminate any contract awarded
and take any other appropriate action. I further acknowledge that I am executing this affidavit in
compliance with Section 16D of Article 78A of the Annotated Code of Maryland, which provides
that certain persons who have been convicted of or have admitted to bribery, attempted bribery,
or conspiracy to bribe may be disqualified, either by operation of law or after a hearing, from
entering into contracts with the State or any of its agencies or subdivisions.
I do solemnly declare and affirm under the penalties of perjury that the contents of this affidavit
are true and correct.
(Signature)___________________________________________________________
(Date)_______________________________________________________________
Page 8 of 21

NON-COLLUSION CERTIFICATE
I HEREBY CERTIFY I am the
(Title)
and the duly authorized representative of the firm of
whose address is
AND THAT NEITHER I nor, to the best of my knowledge, information and belief, the above firm or
any of its other representatives I here represent have:
(a) Agreed, conspired, connived or colluded to produce a deceptive show of
competition in the compilation of the bid or offer being submitted herewith;
(b) Not in any manner, directly or indirectly, entered into any agreement,
participated in any collusion to fix the bid price or price proposal of the bidder or
offer or herein or any competitor, or otherwise taken into action in restraint of
free competitive bidding in connection with the Contract for which the within bid
or offer is submitted.
In making this affidavit, I represent that I have personal knowledge of the matters and
facts herein stated.
(Signature)
(Date)
(Printed or Typed Name)
Page 9 of 21

SIGNATURE FORM
Name of Contractor:
Signature of Authorized Person:
Title of Authorized Person:
Street Name & Number: _______
City, State, Zip Code:
Telephone Number:
Email Address:
Date:
Bidder’s Federal Employers Identification No.:
Bidder's Professional License or Affiliations No.:
Expiration Date:
Proposed Subcontractors Portion of Work to Be Performed
Page 10 of 21

GENERAL SPECIFICATIONS
1. GENERAL REQUIREMENT:
A. The Contractor shall maintain a well cordoned work site and staging area. Warning tape and
fencing are to be of high visibility materials. All work areas and equipment tracks across the park
are to be restored to original conditions. Any exposed earth surrounding the slab is to be fine
graded and sodded or seeded. As this is a public park, extreme care shall be observed
throughout construction, especially in the area surrounding the existing playground.
2. SCOPE OF WORK:
• Selected Contractor is to consult with the Town during the design process to avoid any clear
missteps in concept execution.
• Contractor to arrange with the Town the scheduling of the field survey to layout slab. Contractor
must specify the desired offsets for the stakeout.
• Contractor shall present final plans and specifications sufficient to construct the bandshell.
• All appropriate permits shall be in hand prior to any work.
• Contractor shall contact Miss Utility and have ticket in hand prior to construction. Note: There
may be one master ticket under which you may operate.
• Contractor shall exercise care to preserve existing landscaping and to repair any tracks made in
the turf prior to final payment.
3. SCHEDULE:
Work under this contract shall begin upon the Town issuing a notice to proceed. Contractor will
provide an estimated completion date. This project will be the first of three separate projects to
proceed.
4. PAYMENTS:
Payments for work completed under this contract shall be made monthly and shall be subject to
approval of the Director of Public Works and Town Manager. Invoices shall be sent to
finance@townofcentreville.org.
Payments shall be based on invoices provided by the Contractor covering work completed in the
prior month expressed as a percentage of the total lump sum base bid.
Payments shall be made to the Contractor within thirty (30) days of receipt of invoice, subject to the
approval of the Town Manager.
The final payment is contingent upon the inspection of the completed structure and the resolution
of any remaining issues.
5. INTERPRETATION OF CONTRACTUAL PROVISIONS:
If there is a discrepancy in the contract documents between the special provisions, general
specifications, and information to bidders, the following order of priority will be used to resolve the
conflict:
1) General Specifications
Page 11 of 21

2) Information to Bidders
In the event of a disagreement as to the interpretation of application of this contract, an arbitration
board shall be set up to arbitrate and resolve any disagreement and/or help interpret the provisions.
The board shall have one person appointed by the Town, one person appointed by the contractor,
and a third person to be selected by the two previously named. The ruling of any two members of
the arbitration board will be binding on both parties.
6. PROFESSIONAL STANDARDS:
All work is to be performed in a workmanlike manner in accordance with the industry and
professional Standards and Specifications. This Contract presumes the integrity, skills, and
experience of the Contractor. Let sound construction judgement and experience in municipal
construction be your guide.
7. LICENSING AND CERTIFICATIONS:
Successful bidders working under this contract shall have current licenses and certifications as may
be required under federal, state and local laws and regulations for the work to be completed.
Successful bidders will be required to produce documentation of applicable licenses and
certifications prior to beginning work under this contract.
8. PERMITS:
The Town will work with the Contractor to secure appropriate permissions and permits.
9. INSURANCE CERTIFICATE:
Prior to beginning work under this contract, successful bidders will be required to submit a
certificate of insurance indicating levels of coverage applicable under their current policies.
10. BASIS OF AWARD:
The Town reserves the right to award this contract on the basis of price and/or qualifications for
completing the project.
Page 12 of 21

INFORMATION TO BIDDERS
INFORMATION TO BIDDERS
SECTION
GENERAL 1
CHANGES TO CONTRACT DOCUMENTS 2
BID INSTRUCTIONS 3
BID OPENING 4
BID PROCEDURE 5
OMISSION OF SPECIFICATIONS 6
BID FORMS 7
BID SECURITY 8
DELIVERY 9
WAIVER OF TECHNICALITIES 10
CONTRACT AWARD 11
TAX EXEMPTION 12
BASIS OF AWARD 13
MODIFICATION OR WITHDRAWAL OF BID 14
VENDORS ABILITY 15
PAYMENT TERMS 16
PERFORMANCE BOND 17
SUBSTITUTIONS 18
SECTION
Page 13 of 21

ADDENDA 19
ALTERNATES 20
CONTRACT DOCUMENTS 21
BUDGET FUNDING 22
PURCHASE ORDER 23
TRADE AND BRAND NAMES 24
FEDERAL ASSISTANCE 25
WARRANTY 26
EQUAL OPPORTUNITY EMPLOYMENT 27
RESERVATION 28
DELIVERY SCHEDULE 29
PRODUCT LITERATURE 30
EXCEPTIONS TO BID SPECIFICATIONS 31
DELIVERY PROVISIONS 32
INTERPRETATION OF CONTRACT DOCUMENTS 33
Page 14 of 21

INFORMATION TO BIDDERS
SECTION 1.
GENERAL
The Town is accepting Sealed Bids for the work described in the specifications above.
SECTION 2.
CHANGES TO CONTRACT DOCUMENTS
Changes to the contract documents shall be made only in writing and copies will be mailed to all
known perspective bidders. The Town Council assumes no responsibility for verbal instructions or
interpretations. The contract documents contain the provisions required for the contract. Information
obtained from an officer, agent, or employee of the Town or any other person shall not affect the risks
or obligations assumed by the Contractor or relieve them from fulfilling any of the conditions of the
contract.
SECTION 3.
BID INSTRUCTIONS
Bids shall be submitted to the Town of Centreville, 101 Lawyers Row, Centreville, Maryland 21617.
Bids must be received no later than the date and time listed on the Invitation to Bid. All bids must be
in a sealed envelope provided with the Bid Documents with the title “Centreville Wharf Park Bandshell
Project” clearly marked on the outside of the envelope.
SECTION 4.
BID OPENINGS
All bids will be opened and publicly read immediately after the deadline for bid acceptance by the
Town at 101 Lawyers Row, Centreville, Maryland 21617.
SECTION 5.
BID PROCEDURE
The Town reserves the right to reject any or all Bids, including, without limitation, nonconforming,
non-responsive, unbalanced, or conditional Bids. The Town further reserves the right to reject the Bid
of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible. The Town
may also reject the Bid of any Bidder if the Town believes that it would not be in the best interest of
the Project to make an award to that Bidder. The Town also reserves the right to waive all informalities
not involving price, time, or changes in the work and to negotiate contract terms with the successful
Bidder.
More than one Bid for the same work from an individual or entity under the same or different names
will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than
one bid for the work may be cause for disqualification of that Bidder and the rejection of all bids in
which that Bidder has an interest.
In evaluating bids, the Town will consider whether the bids comply with the prescribed requirements,
and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the
Notice of Award.
Page 15 of 21

In evaluating Bidders, the Town will consider the qualifications of Bidders and may consider the
qualifications and experience of subcontractors, suppliers, and other individuals or entities proposed
for those portions of the work for which the identity of subcontractors, suppliers, and other individuals
or entities must be submitted as provided in the Contract Documents.
The Town may conduct such investigations as the Town deems necessary to establish the
responsibility, qualifications, and financial ability of bidders, proposed subcontractors, suppliers,
individuals, or entities proposed for those portions of the work in accordance with the Contract
Documents.
If the contract is to be awarded, the Town will award the contract to the Bidder whose bid is in the
best interests of the project.
SECTION 6.
OMISSION OF SPECIFICATIONS
The omission of the bidder of any specifications or details of any specification, which would normally
apply to the products of service herein stated, shall not relieve the bidder from fulfilling those required
specifications needed to provide an end product, service, or workmanship best suited to the intended
purpose. The best commercial practices are to prevail and only materials of first quality, correct type,
size and design are to be used. Workmanship shall be of first quality. All parts and equipment,
whether specified herein or not, shall be rated to meet or exceed the maximum rating required by the
product or service and its maximum intended purpose.
SECTION 7.
BID FORMS
All Bids must be made on the attached Standard Bidding Forms. All blank spaces for the bid prices
must be filled in, in ink or typewritten, and the bid form must be fully completed and executed when
submitted. Only one copy of the bid form is required. A conditional or qualified bid will not be
acceptable. The base price on the bid form shall be the total cost of the item(s) being bid in
accordance with the Invitation to Bid and specifications in the contract documents. Alternates shall
only be used to reflect increases or decreases in the base bid price. Only those alternates which are
specifically requested by the Town will warrant consideration.
SECTION 8. REQUIRED BID SECURITY AND INSURANCE
BID SECURITY (NOT APPLICABLE FOR THIS CONTRACT)
Insurance Certificate
The Contractor and subcontractors must obtain at its own cost and expense and keep in force and
effect during the term of the contract including all extensions, the following insurance with an
insurance company/companies licensed to do business in the State of Maryland evidenced by a
certificate of insurance and/or copies of the insurance policies. The Contractor’s insurance shall be
primary. Within five (5) days after contract award the Contractor shall submit to the Town of
Centreville, 101 Lawyers Row, Centreville, MD 21617, a Certificate of Insurance with all endorsements.
Page 16 of 21

In no event may the insurance coverage be less than shown below. Unless otherwise described in this
contract the successful contractor shall be required to maintain for the life of the contract and to
furnish the Town evidence of insurance as follows:
Type of Insurance Amounts of Insurance Endorsements and Provisions
1. Workers’ Bodily Injury by Waiver of Subrogation:
Compensation Accident: $100,000 WC 00 03 13 Waiver of Our Rights to
2. Employers’ each accident Recover From Others Endorsement
Liability signed and dated.
Bodily Injury by
Disease: $500,000
policy limits
Bodily Injury by
Disease: $100,000 each employee
3. Commercial Each Occurrence: Town shall be listed as additional insured
General Liability $1,000,000 apnrodv ided 30-day notice of cancellation
a. Bodily Injury or material changes in coverage.
CG 20 37 07 04 and CG 20 10 07 04 forms
b. Property Damage
to be signed and dated.
c. Contractual Liability
d. Premise/Operations
e. Independent Contractors
f. Products/Complete
g. Operations
h. Personal Injury
4. Automobile Liability Combined Single Limit for Bodily Town shall be listed as additional insured
a. All Owned Autos Injury and Property Damage - and provided 30-day notice of cancellation
b. Hired Autos (each accident): $1,000,000 or material change in coverage.
c. Non-Owned Autos
Form CA20 48 02 99 form to be signed
and dated.
5. Excess/Umbrella Liability Each Occurrence / Aggregate: Town shall be listed as additional insured
$1,000,000 and provided 30-day notice of cancellation
or material change in coverage.
6. Professional Liability Each Occurrence / Aggregate:
$1,000,000
NOTE: A current Certificate of Insurance shall be provided to the Town five (5) days after notice of
award. The Town Council of Centreville shall be a named an additional insured thereon.
SECTION 9.
DELIVERY (NOT APPLICABLE)
Page 17 of 21

SECTION 10.
WAIVER OF TECHNICALITIES
The Town reserves the right to waive minor informalities or technicalities in bids acting on behalf of the
best interest of Town of Centreville.
SECTION 11.
CONTRACT AWARD
It is the intent of the Town to award a contract using the criteria provided herein within thirty (30)
calendar days following the bid opening. Acceptance of a bid and award of the contract is subject to the
approval of the Town Council of Centreville and the Town Manager. The Town Council reserves the right
to reject any and/or all bids.
SECTION 12.
TAX EXEMPTION
The Town is exempt from paying all Federal, State and Local Excise Tax.
SECTION 13.
BASIS OF AWARD
1. Quality, durability of materials, highest and best use of available funding, innovative design to
theme and qualifications to perform work are adequately shown and verified.
2. Compliance with specifications.
3. Compliance with terms of Bid Package.
SECTION 14.
MODIFICATION OR WITHDRAWAL OF BIDS
1. Pre-Opening Modification or Withdrawal of Bids
a) Procedure - Bids may be modified or withdrawn by written notice received by the Town
Manager before the time and date set for bid opening.
b) Disposition of Bid Bond - NOT APPLICABLE
2. Late Bids, Late Withdrawals and Late Modifications
a) Policy - Any Bid, request for Withdrawal, or request for Modification received at the place
designated in the Invitation to Bid after the time and date set for receipt and opening of bids is
late.
b) Treatment - A Late Bid may not be considered under any circumstances and will be mailed to the
bidder's last known address unopened. Late Modifications and Late Withdrawals may be
considered by the Town and allowed if in the best interest of the Town.
SECTION 15.
VENDORS ABILITY
The Town may make such investigations as they deem necessary to determine the ability of the Bidder to
perform the work, and the Bidder shall furnish the Town with all such information and data deemed
necessary by the Town for this purpose.
Page 18 of 21

SECTION 16.
PAYMENT TERMS
Payment will be made for properly approved purchase orders supported by an invoice for work
performed in accordance with these specifications.
SECTION 17.
PERFORMANCE BOND (NOT APPLICABLE)
SECTION 18.
SUBSTITUTIONS (NOT APPLICABLE)
SECTION 19.
ADDENDA
Addenda and or answers to interrogatories made at the mandatory pre-bid meeting will be e-mailed or
delivered to all vendors who are known to have received a complete set of bidding documents. Copies of
Addenda/Answers to Interrogatories will be made available for inspection wherever bidding documents
are on file for that purpose. No Addenda will be issued later than two (2) working days prior to the
posted date for receipt of bids except an Addendum withdrawing the request for bids or one which
includes postponement or extension of the date for receipt of bids.
SECTION 20.
ALTERNATES (NOT APPLICABLE)
An alternate is a dollar amount to be added to or subtracted from the base bid price. The Town may
request alternate prices to compare various options that may be in their best interest. The Town shall
have the right to accept alternates in any order or combination, and to determine the low bidder on the
basis of the base bid and alternates accepted.
SECTION 21.
CONTRACT DOCUMENTS
The contract documents shall include the Invitation to Bid, Standard Bidding Forms, Specifications,
Information to Bidders, BID Envelope and Addenda and/or any other documents which are clearly
intended to be a part of this contract.
SECTION 22.
BUDGET FUNDING
This project is funded by the Maryland Department of Natural Resources Community Parks and
Playgrounds Grant.
SECTION 23.
PURCHASE ORDER (NOT APPLICABLE)
Page 19 of 21

SECTION 24.
TRADE AND BRAND NAMES
Except as provided for in Section 31. below, the use of or references to any trade or brand names in this
bid package shall be solely for the purpose of establishing a standard and shall in no way infer that other
trade and brand names will not be acceptable.
SECTION 25.
FEDERAL ASSISTANCE
The Town shall comply with Title VI of the Civil Rights Act of 1964 which provides that no person shall be
denied on the grounds of race, color, or natural origin, be excluded from, be denied the benefits of, or
discriminated against under any program or activity receiving Federal financial assistance.
SECTION 26.
WARRANTY
(a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in
paragraph (i) of this clause, that work performed under this contract conforms to the contract
requirements and is free of any defect in equipment, material, or design furnished, or workmanship
performed by the Contractor or any subcontractor or supplier at any tier.
(b) This warranty shall continue for a period of one (1) year from the date of final acceptance of the work.
If the Town takes possession of any part of the work before final acceptance, this warranty shall
continue for a period of one (1) year from the date the Town takes possession.
(c) The Contractor shall remedy at the Contractor's expense any failure to conform, or any defect. In
addition, the Contractor shall remedy at the Contractor's expense any damage to Town-owned or
controlled real or personal property, when that damage is the result of:
1) The Contractor's failure to conform to contract requirements; or
2) Any defect of equipment, material, workmanship, or design furnished.
(d) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause.
The Contractor's warranty with respect to work repaired or replaced will run for 1 year from the date
of repair or replacement.
(e) The Town shall notify the Contractor, in writing, within a reasonable time after the discovery of any
failure, defect, or damage.
(f) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt
of notice, the Town shall have the right to replace, repair, or otherwise remedy the failure, defect, or
damage at the Contractor's expense.
(g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers
for work performed and materials furnished under this contract, the Contractor shall—
1) Obtain all warranties that would be given in normal commercial practice;
2) Require all warranties to be executed, in writing, for the benefit of the Town, if directed by
the Town; and
3) Enforce all warranties for the benefit of the Town, if directed by the Town.
(h) In the event the Contractor's warranty under paragraph (b) of this clause has expired, the Town may
bring suit at its expense to enforce a subcontractor's, manufacturer's, or supplier's warranty.
(i) Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier,
the Contractor shall not be liable for the repair of any defects of material or design furnished by the
Page 20 of 21

Town nor for the repair of any damage that results from any defect in Town-furnished material or
design.
(j) This warranty shall not limit the Town's rights under the Inspection and Acceptance clause of this
contract with respect to latent defects, gross mistakes, or fraud.
SECTION 27.
EQUAL OPPORTUNITY EMPLOYMENT
Contractors shall not discriminate against any employee or applicant for employment because of sex,
race, creed, color, national origin, or age. The bidder affirms this by submission of the bid form.
SECTION 28.
RESERVATION
The Town reserves the right to increase or decrease quantities and/or projects at their discretion.
SECTION 29.
DELIVERY SCHEDULE
The Bidder is required to state on the Standard Bidding Form their most accurate date of delivery.
SECTION 30.
PRODUCT LITERATURE (NOT APPLICABLE)
SECTION 31.
EXCEPTIONS TO BIDS SPECIFICATIONS
Any bidder taking an exception to requested specifications must make these exceptions, clear and in
writing, on the specification bidding forms. Additional information regarding exceptions can be attached
to the sealed bid. However, this section is not to be construed that the Town is obligating themselves to
accept anything other than the Specifications requested elsewhere in this Bid.
SECTION 32.
DELIVERY PROVISIONS (NOT APPLICABLE)
SECTION 33.
INTERPRETATION OF CONTRACT DOCUMENTS
In the case of a discrepancy between any of the materials contained in the contract documents, the order
of priority determining the Town’s interpretation is as follows: 1) Special Provisions, 2) General
Specifications, 3) Detailed Specifications, and 4) Information to Bidders.
Page 21 of 21