Carlisle Public School Retaining Wall Replacement Project IFB 2026.pdf

TOWN OF CARLISLE

Invitation to Bid

2026 Carlisle Public School Retaining Wall Replacement Project

The Town of Carlisle invites sealed bids for its 2026 Carlisle Public School Retaining Wall Replacement Project. Services shall be provided under provisions of Massachusetts General Laws c.30, §39M.

Sealed bids will be received only at the Carlisle Town Hall, 66 Westford Street, Carlisle, MA. The envelopes should be clearly marked “Carlisle Public School Retaining Wall Replacement Project” AND MUST BE RECEIVED BY 1pm on September 2, 2026, at which time they will be publicly opened by the Town authority.

Each bid shall be accompanied by the documents required by the IFB. A copy of the IFB can be found at https://www.carlislema.gov/1088/Procurement. Questions can be directed to the Town Administrator. Questions must be submitted by 1pm on August 26, 2026, to be considered.

The Town reserves the right to reject any and all bids in the best interest of the Town.

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

INVITATION TO BID

In accordance with M.G.L. c.30, §39M, the Town of Carlisle (“Town”) will receive sealed bids for its Carlisle Public School Retaining Wall Replacement Project (“Project”) until 1pm on September 2, 2026, in the Carlisle Town Hall, at which time they will be publicly opened and read at the same location. The scope of work for this IFB is attached as Appendix A.

Copies of the Contract Documents may be obtained from the Town of Carlisle Web site after 12pm on July 31, 2026, at the following address https://www.carlislema.gov/1088/Procurement.

To be considered a registered recipient of bid documents and receive any issued addenda, you must email the Town Administrator at rmclane@carlislema.gov and receive a confirmation email.

A pre-bid meeting will be held on August 12, 2026, at 9am at the Carlisle Public School, 83 Church Street, Carlisle, MA. Failure to attend or visit the premises shall be no defense in failure to perform contract terms. The meeting will include a review of the scope, a time for questions and answers, and a brief tour of the roads/projects found in the scope of work.

Each bid shall be accompanied by a bid deposit in the form of (1) a bid bond, issued by a responsible surety company licensed to do business in Massachusetts; (2) cash; or (3) a certified check on, or a treasurer's or cashier's check issued by, a responsible bank or trust company, payable to the Town. The amount of the bid deposit shall be 5 per cent of the value of the bid.

Each bid shall be accompanied by:

(1) General Bid Form

(2) Bid Bond

(3) Certificate of Corporate Vote

(4) Certification of Non-Collusion

(5) Certificate of Tax Compliance

(6) References for a minimum of five public projects of similar size and scope https://www.carlislema.gov/1088/Procurement mailto:rmclane@carlislema.gov

No bidder may withdraw its bid for at least sixty (60) days after the time and date set for receipt of bids. The Town reserves the right to reject any or all bids in whole or in part as it deems to be in the best interests of the Town.

INSTRUCTIONS TO BIDDERS

1. Preparation of Bids

To be considered a registered recipient of bid documents and receive any issued addenda, you must email the Town Administrator at rmclane@carlislema.gov and receive a confirmation email.

General Bids must be submitted on the prescribed forms. All blank spaces must be filled in, either in ink or typewritten, both in words and figures. Each General Bid shall include all documents required in the "Instructions to Bidders".

Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, its address, the name of the project for which the bid is submitted, and the date and time of scheduled opening.

If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope that is addressed as specified above.

See the Invitation to Bid for the dates, times and places for the General Bid opening.

Any bid may be withdrawn, prior to the scheduled time for the opening of bids or authorized postponement, by written request. Any bid received after the time and date specified for opening of bids shall not be considered.

2. Bid Opening Procedure

A list of requirements included below and noted on the Invitation to Bid shall apply to each filed bid. Bids not meeting all the requirements for timeliness and security will be rejected without opening. Additionally, bids not meeting signature and addenda requirements may be rejected.

Bids shall be filed at the place and before the time specified in the Invitation to Bid.

Properly executed bid security shall be placed in the sealed bid submittal envelope. All bid signatures will be checked.

The total dollar amount of each bid will be read and the three apparent low bids will be selected for further consideration. These three apparent low bids will be read aloud for the benefit of the other bidders and the bid opening procedure will be closed. All those present at the bid opening may examine all bids, after the bid opening and the reading of the three apparent low bids.

3. Construction Documents

There are no construction documents for this IFB. All instructions for the scope of work can be found in Appendix A.

4. Award

The Town reserves the right to reject any or all bids, if it deems it is in its interest to do so, and to act upon the bids and make its award in any lawful manner. Award of the Contract will be made within sixty (60) days. The award will be to the lowest eligible and responsible bidder.

The award will be made by delivery of a Notice of Award to the successful bidder. The bid deposits shall be held by the Town until a Contract has been issued and executed.

The award of the Contract will be subject to availability of funding and issuance of all permits.

5. Ability and Experience of the Bidder

No award will be made to any bidder unable to satisfy to the Town that they have sufficient ability and experience in this class of work and sufficient capital, plant and installation resources to enable them to execute and complete the work successfully within the time named. The Town's decision or judgment on these matters will be final, conclusive and binding.

The Town may make such investigations as it deems necessary, and the bidder shall furnish to the Town under oath, if so required, all such information and data for this purpose as the Town may request.

Only those bidders who are Prequalified with the MassDOT will be allowed to bid on this project.

Bids received from bidders who are not prequalified will be rejected as non-responsive.

6. Bid Deposit

Each General Bid must be accompanied by a Bid Deposit in the form of a Bid Bond issued by a surety company qualified to do business in the Commonwealth of Massachusetts, in the amount of at least five percent (5%) of the total Bid price. The Bid deposit will be retained from the apparent lowest qualified bidders until a Contract is executed. Bidders other than the apparent lowest qualified bidder will have bid deposits returned within five (5) days (Saturdays, Sundays and legal holidays excluded) after the opening of the general bids.

7. Liquidated Damages

In the event that a successful bidder should fail or refuse to execute and deliver the Contract and Bonds required within ten (10) days after issuance of a Notice of Award by the Town, the Contractor shall forfeit to the Town, as liquidated damages, its bid deposit.

8. Laws and Regulations

The bidders’ attention is directed to the fact that all applicable federal laws, state laws, municipal by-laws, and the rules and regulations of all authorities having jurisdiction over the construction of the work shall apply to the Contract throughout. Additionally, they will be deemed to be included in the Contract the same as though written out in the Contract Documents in full.

9. Conditions of the Contract Areas

Each bidder must inform itself fully of the conditions relating to the construction of the Contract area and employment of labor thereon. Failure to do so shall not relieve the successful bidder of its obligation to furnish all labor, materials and equipment necessary to carry-out the provisions of the work in the Contract area. Insofar as possible, the Contractor, in carrying out its work, shall not interfere with the normal operations of the facility.

10. Obligation of the Bidder

At the time of opening of the bids, each Bidder shall be presumed to have inspected the Contract Areas and to have read and to be familiar with the Plans and other Contract Documents (including all addenda), as well as all statutes, by-laws and regulations affecting its bid and relevant to the Project. Failure or omission of any bidder to inspect the Contract Areas and/or to examine any form, instrument or document shall in no way relieve any bidder from any obligation in respect to its bid.

11. Bonds

The successful General Bidder shall be required to furnish a Payment Bond from a surety company acceptable to the Town. The Contractor shall pay the premium and include the fee in its bid. Each bond shall be in the amount of 50% of the Contract Price. It is also required within this Contract that the Contractor obtain and continue the insurance, as specified in the General Conditions, for two years after final payment.

12. Time of Completion and Liquidated Damages

The successful bidder shall be required to hold its/his/her bid until award, which will be made no later than sixty (60) days from opening of bids. All physical construction related to Base Bid work for each year (two year bid) shall commence no later than September 1 and shall be substantially by October 1, with final completion, including submission of close-out documents, by November 1. If the Contractor shall neglect, fail or refuse to complete the work within the time specified, or within the proper time extension granted by the Town, then the Contractor agrees, as a condition for the awarding of the Contract, to pay the Town the amount specified below. This is not as a penalty, but as liquidated damages to pay the Town for its administrative costs resulting from the delay. The amount of liquidated damages is fixed and agreed upon by and between the Contractor and the Town because of the extreme difficulty and impracticability of fixing and ascertaining the actual damages the Town would sustain. If the Contractor fails to achieve Substantial Completion by the specified date, the sum of Two Hundred Dollars ($200) per calendar day shall be deducted from the Contract Amount as liquidated damages. Such liquidated damages shall not limit in any way the liability of the Contractor for additional damages per day for other, non-administrative damages including, but not limited to, damages related to breach of contract.

13. Required Submissions with General Bids

The following documents are to be submitted with each General Bid. Failure of a bidder to make all required submissions may cause the Town of Stockbridge to consider the bid unacceptable.

General Bids

(1) General Bid Form

(2) Bid Bond

(3) Certificate of Corporate Vote (if applicable)

(4) Certification of Non-Collusion

(5) Certificate of Tax Compliance

(6) References of a minimum of five (5) projects of similar size and scope.

14. Permits

All permits and approvals for the installation of the work (if any) shall be obtained by the Contractor. The Town will waive all permit fees.

16. Examination of Existing Conditions

Conditions indicated are based on field observations and existing conditions surveys completed by others. Each bidder shall examine the existing facilities, site and grade conditions prior to submitting a bid. No claims for extras shall be allowed because of the Contractor's failure to be aware of existing conditions that are exposed to view. Discrepancies between the existing conditions and conditions indicated in the Contract Documents shall be reported to the Town's Representative immediately. Arrangements to examine the existing facilities may be made by contacting the Town Administrator.

Each bidder shall become fully informed of the conditions relating to the project and employment of labor. Failure to do so shall not relieve a successful bidder of the obligation to furnish material, labor and equipment necessary to carry out the provisions of this Contract. Insofar as possible, the successful bidder, in carrying out the work, shall employ methods or means to avoid any interruption of or interference with the work of any other contractor and the Town's normal use of the surrounding properties.

Conditions that change between the date on which bids are due and the date of the execution of the Contract shall be brought to the attention of the Town's Representative prior to the execution of the Contract. The conditions which exist on the date of the Contract shall be the conditions for which the Contractor shall be responsible. Commencement of the Work, without notification to the Town of unsatisfactory conditions, shall be deemed as acceptance of existing conditions by the Contractor.

Dimensions, measurements, levels and other data concerning the existing structure shall be verified by the Contractor before manufacture, fabrications, or construction of any part of the Work.

17. Request for Interpretation

Bidders shall promptly notify the Town Administrator of any ambiguity, inconsistency or error discovered upon examination of the Contract Documents, the site and/or conditions.

Bidders requiring clarification or interpretation of the Contract Documents shall make a request to the Town’s Representative. The Town’s Representative will respond to such requests, in writing and via addendum, if received not later than seven calendar days before the date for receipt of the bids. Not later than two calendar days, or 48 hours, prior to the receipt of bids, Addenda will be emailed to every registered bid recipient (see instructions) on record as having obtained Contract Documents. Failure of the Town to provide such Addenda shall not relieve the Bidder from its obligation under a bid as submitted.

Throughout the bidding and construction process, interpretations which affect the cost of the Work shall be made in writing. The Town shall not be responsible for oral instructions or interpretations. Verbal instructions or interpretations shall not be cause to increase the contract price or bid.

Requests for interpretation shall be sent by email to the Town Administrator (rmclane@carlislema.gov)

18. Massachusetts Sales and Use Tax

Materials and equipment purchased for permanent installation in this project are exempt from the Massachusetts Sales and Use Tax. Each bidder shall take this exemption into account in calculating its bid for the work. The Town will provide the tax-exempt number to the successful Bidder.

19. Wage Rates

Prevailing wage rates as determined by the Massachusetts Commissioner of Department of Labor and Workforce Development under the provision of the Massachusetts General Laws, Chapter 149, Sections 26 through 27H, as amended, apply to this project. It is the responsibility of the

Contractor, before bid opening, to request, if necessary, any additional information on Prevailing Wage Rates for those tradespeople who may be employed for the proposed work under this contract. The Town shall require copies of certified payroll to be submitted prior to the request for the monthly Application for Payment. Said certified payrolls must be submitted to the Town on a weekly basis.

State schedules of Prevailing Wage Rates are included in the Supplemental General Conditions Section of the contract specification documents.

20. Health and Safety

Chapter 306 of the Acts of 2004 — An Act Relative to the Health and Safety of Public Construction Projects. The below statement has been added to the general contract bid forms.

The undersigned hereby certifies that he is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed on the work; that all employees to be employed at the worksite will have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health Administration that is at least 10 hours in duration at the time the employee begins work and who shall furnish documentation of successful completion of said course with the first certified payroll report for each employee (effective July 1, 2006); and that he will comply fully with all laws and regulations applicable to awards made subject to section 44A.

The Town will require evidence of OSHA Training Card for each individual including the Project Manager or Supervisor, labor crews, and suppliers, including delivery and installation from subcontractors.

21. Summary of Excavation and Trench Safety Regulation (520 CMR 14.00 et seq.)

This summary was prepared by the Massachusetts Department of Public Safety, pursuant to G.L.c.82A, and does not include all requirements of the 520 CMR 14.00. To view the full regulation and G.L.c.82A, go to www.mass.gov/dps.

Pursuant to M.G.L. c. 82, § 1, the Department of Public Safety, jointly with the Division of Occupational Safety, drafted regulations relative to trench safety. The regulation is codified in section 14.00 of Title 520 of the Code of Massachusetts Regulations. The regulation requires all excavators to obtain a permit prior to the excavation of a trench made for a construction-related purpose on public or private land or rights-of-way. All municipalities must establish a local permitting authority for the purpose of issuing permits for trenches within their municipality.

Trenches on land owned or controlled by a public (state) agency requires a permit to be issued by that public agency, unless otherwise designated. The Town's Trench Safety permit granting authority is the town Building Commissioner.

In addition to the permitting requirements mandated by statute, the trench safety regulations require that all excavators, whether public or private, take specific precautions to protect the general public and prevent unauthorized access to unattended trenches. Accordingly, unattended trenches must be covered, barricaded or backfilled. Covers must be road plates at least 1/4" thick or equivalent; barricades must be fences at least 6' high with no openings greater than 4" between vertical supports; backfilling must be sufficient to eliminate the trench.

Alternatively, excavators may choose to attend trenches at all times, for instance by hiring a police detail, security guard or other attendant who will be present during times when the trench will be unattended by the excavator.

The regulations further provide that local permitting authorities, the Department of Public Safety, or the Division of Occupational Safety, may order an immediate shutdown of a trench in the event of a death or serious injury; the failure to obtain a permit; or the failure to implement or effectively use adequate protections for the general public. The trench shall remain shutdown until re-inspected and authorized to re-open provided, however, that excavators shall have the right to appeal an immediate shutdown. Permitting authorities are further authorized to suspend or revoke a permit following a hearing. Excavators may also be subject to administrative fines issued by the Department of Public Safety for identified violations.

Appendix A – Scope of Work

Scope of Work

Retaining Wall Replacement Project

Carlisle Public Schools

1. Project Overview

Carlisle Public Schools is seeking qualified contractors to provide all labor, materials, equipment, supervision, engineering services, permits (if required), and incidentals necessary to remove and replace an existing retaining wall located on school property.

The existing retaining wall has deteriorated due to freeze/thaw conditions, ice damage, movement, and general failure of the existing segmental block system. The wall currently supports the underlayment and edge of an existing roadway and shall be replaced with a properly engineered retaining wall system designed for long-term stability and durability.

The Contractor shall be responsible for providing a complete turnkey installation, including design, demolition, disposal, site preparation, drainage improvements, installation, restoration, and all associated work necessary for a complete and operational retaining wall system.

2. Existing Conditions The existing conditions are generally described as follows:

Existing retaining wall consists of interlocking segmental concrete retaining wall blocks.

Approximate wall height: 3 feet.

Approximate wall length: 120 linear feet.

Existing wall has shifted, separated, and failed in multiple locations.

Wall supports the underlayment and edge of an existing roadway.

Existing site conditions may include frost movement, drainage concerns, and limited access.

Contractors are responsible for conducting a site inspection prior to submitting a proposal and shall verify all existing conditions, measurements, access requirements, and construction constraints.

3. Scope of Work The Contractor shall furnish all labor, materials, equipment, and services required to complete the project, including but not limited to the following:

A. Removal and Disposal

Remove the existing failed retaining wall system.

Remove and legally dispose of all demolished wall materials and unsuitable materials.

Protect adjacent pavement, utilities, landscaping, and existing site features during demolition activities.

Provide all necessary excavation required for installation of the new retaining wall system.

B. New Retaining Wall Installation

The Contractor shall install a new engineered retaining wall system suitable for roadway support conditions, including:

Proper excavation and preparation of the wall foundation.

Installation of a compacted crushed stone leveling base.

Installation of a segmental concrete retaining wall system or approved equivalent.

Installation of required retaining wall components including blocks, caps, connectors, reinforcement, and accessories.

Installation of geogrid reinforcement where required by the engineered design.

Installation of drainage materials behind the wall, including:

Clean drainage stone.

Filter fabric.

Perforated drainage pipe or equivalent drainage system.

Proper backfilling and compaction in accordance with the engineered design and manufacturer's requirements.

C. Site Restoration

Upon completion of the retaining wall installation, the Contractor shall:

Restore disturbed pavement edges, roadway shoulders, grades, and adjacent areas.

Remove all excess materials and construction debris.

Leave the site in a clean, safe, and finished condition acceptable to Carlisle Public Schools.

4. Engineering Requirements Because the retaining wall supports the subbase and edge of an existing roadway, the Contractor shall provide a complete engineered retaining wall system designed to accommodate anticipated roadway surcharge loading.

The Contractor shall retain the services of a Professional Engineer (P.E.) currently registered in the Commonwealth of Massachusetts to prepare and stamp all required design calculations and construction drawings.

The engineered design shall address, at a minimum:

Wall stability, including sliding, overturning, and bearing capacity.

Roadway surcharge loading.

Foundation preparation and bearing requirements.

Geogrid reinforcement requirements, if applicable.

Drainage design and hydrostatic pressure mitigation.

Backfill materials and compaction requirements.

Frost protection considerations appropriate for New England climate conditions.

The Contractor shall submit stamped engineering drawings and calculations to Carlisle Public Schools Facilities Department for review prior to beginning construction.

Construction shall not commence until the engineered design has been reviewed and accepted by the Owner.

The Contractor shall construct the retaining wall strictly in accordance with the approved engineered design, manufacturer's installation requirements, and applicable industry standards.

Any proposed deviation from the approved design shall require written approval from the Engineer of Record and Carlisle Public Schools prior to implementation.

5. Materials Requirements The retaining wall system shall:

Be specifically manufactured for retaining wall applications.

Be suitable for freeze/thaw conditions common to Massachusetts.

Be designed for the anticipated loading conditions.

Include all components necessary for a complete installation.

Meet or exceed manufacturer installation requirements.

Color and appearance shall be reasonably consistent with existing site conditions unless otherwise approved by Carlisle Public Schools.

6. Safety and Site Protection The Contractor shall:

Maintain a safe work area at all times.

Provide required barricades, signage, and protection measures.

Maintain safe pedestrian and vehicle access where required.

Protect students, staff, visitors, and school property.

Comply with all OSHA requirements and applicable federal, state, and local regulations.

The Contractor shall coordinate all work activities with the Carlisle Public Schools Facilities Department.

7. Warranty Requirements The Contractor shall provide:

A minimum one (1) year workmanship warranty.

Manufacturer warranty documentation for all retaining wall materials.

Correction of any workmanship-related deficiencies identified during the warranty period.

8. Bid Submission Requirements Contractors shall provide the following with their proposal:

Lump sum project cost.

Estimated project schedule and duration.

Proposed construction start date.

Description of proposed retaining wall system.

Qualifications and experience with similar retaining wall projects.

Minimum of three references for comparable retaining wall installations completed within the past five years.

Proof of required insurance coverage.

Identification of subcontractors, if applicable.

9. Site Visit A pre-bid site visit is strongly recommended. Contractors shall review existing conditions, access limitations, drainage concerns, roadway proximity, and any other factors that may affect the successful completion of the project.

Failure to inspect the site shall not relieve the Contractor from responsibility for completing the work as specified.

10. Measurement and Payment The project shall be bid as a complete lump sum installation.

The proposal shall include all costs associated with:

Engineering services.

Permits (if required).

Demolition.

Disposal.

Excavation.

Materials.

Drainage improvements.

Reinforcement.

Installation.

Restoration.

Labor, equipment, and incidental work required for a complete project.

No additional compensation shall be provided for work reasonably anticipated to complete the project as described in this Scope of Work.

Appendix B – Administrative Documents

BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, ___________________________

_______________________________________________, as Principal , and ______________________ (insert name of bidder)

__________________________________________________________________________, as Surety, (insert name of surety) are hereby held and firmly bound unto the Town of Carlisle, Massachusetts acting by and through its Board of Selectmen, as Owner, in the sum of ______________________________________________ Dollars ($__________________________________________) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns.

The condition of this obligation is such that whereas, the Principal has submitted to the Owner a certain Bid, attached hereto and hereby made a part hereof, to enter into a contract in writing, hereinafter referred to as the “AGREEMENT” for:

2025-2026 Road Repair and Improvements

NOW THEREFORE,

(a) If said BID shall be rejected, or in the alternative,

(b) If said BID shall be accepted and the Principal shall duly execute and deliver the form of

AGREEMENT attached hereto and shall furnish the specified bonds for the faithful performance of the Contract and for the payment for labor and materials furnished for the performance of the AGREEMENT, then this obligation shall be void, otherwise it shall remain in full force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder in no event shall exceed the amount of this obligation as herein stated.

The Surety, for value received, hereby agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extensions of the time within which the Owner may accept such BID;

and said Surety does hereby waive notice of any such extensions.

IN WITNESS WHEREOF, the parties to these presents have duly executed this bond on this _____________________ day of _________________________, 20___.

(SEAL) ______________________________________

(Name of Principal)

By:___________________________________

(SEAL) ______________________________________

(Name of Surety)

By:___________________________________

Sealed and delivered in the presence of

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)

PAYMENT BOND

Bond No. ______________

KNOW ALL MEN BY THESE PRESENT, that we _________________________ with a place of business at ____________________________________ as principal (the “Principal”), and ____________________________, a corporation qualified to do business in the Commonwealth of Massachusetts, with a place of business at _________________________ as Surety (the “Surety”), are held and firmly bound unto Town of ____________ as Obligee (the “Obligee”), in the sum of ___________________________________________________________________________ lawful money of the United States of America, to be paid to the Obligee, for which payment, well and truly to be made, we bind ourselves, our respective heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these present.

WHEREAS, the Principal has assumed and made a contract with the Obligee, bearing the date of ____________________, and entitled _______________ [Insert Contract Title or Name of Project here].

NOW, THE CONDITIONS of this obligation are such that if the Principal and all Subcontractors under said contract shall pay for all labor performed or furnished and for all materials used or employed in said contract and in any and all duly authorized modifications, alterations, extensions of time, changes or additions to said contract that may hereafter be made, notice to the Surety of such modifications, alterations, extensions of time, changes or additions being hereby waived, the foregoing to include any other purposes or items set out in, and to be subject to, the provisions of Massachusetts General Laws, Chapter 30, Section 39A, and Chapter 149, Section 29, as amended, then this obligation shall become null and void; otherwise, it shall remain in full force and virtue.

IN WITNESS WHEREFORE, the Principal and Surety have hereto set their hands and seals this _______ day of _______________, 20___.

PRINCIPAL SURETY

[Name and Seal] [Attorney-In-Fact][Seal]

[Title] [Address]

[Phone]

Attest:_______________________ Attest:_________________________

The rate for this Bond is _______% of the first $______________ and ______% for the next

The total premium for this Bond is $________________.

END OF PAYMENT BOND

PERFORMANCE BOND

Bond No. _______________

KNOW ALL MEN BY THESE PRESENT, that we _________________________ with a place of business at _______________________________ as principal (the “Principal”), and __________________________, a corporation qualified to do business in the Commonwealth of Massachusetts, with a place of business at _____________________ as Surety (the “Surety”), are held and firmly bound unto the Town of _________ as Obligee (the “Obligee”), in the sum of ________________________________________________________ lawful money of the United States of America, to be paid to the Obligee, for which payment, well and truly to be made, we bind ourselves, our respective heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these present.

WHEREAS, the Principal has assumed and made a contract with the Obligee, bearing the date of ________________________, and entitled ___________________________ [Insert Contract Title or Project Name here]

NOW THE CONDITIONS of this obligation are such that if the Principal and all Subcontractors or Suppliers under said contract shall well and truly keep and perform all the undertakings, covenants, agreement, terms, and conditions of said contract on its part to be kept and performed during the original term of said contract and any extensions thereof that may be granted by the Obligee, with or without notice to the Surety, and during the life and including any guarantee required under the contract, and shall also well and truly keep and perform all the undertakings, covenants, agreements, terms and conditions of any and all duly authorized modifications, alterations, changes or additions. The obligations of the Surety set forth herein shall become null and void only if expressly waived in writing by the Obligee Town of _________; otherwise such obligations shall remain in full force and virtue.

IN THE EVENT the Contract is abandoned by the Principal, or is terminated by the Obligee, Town of ________, under the applicable provisions of the contract, the Surety hereby further agrees that the Surety shall, if requested in writing by the Town of _________ promptly take all such actions as is necessary to complete said Contract in accordance with its terms and conditions.

IN WITNESS WHEREOF, the Principal and Surety have hereto set their hands and seals this ______ day of __________________, 20___.

PRINCIPAL SURETY

[Name and Seal] [Attorney-In-Fact] [Title] [Address] [Phone] Attest:_______________________ Attest:__________________________ The rate of the Bond is ______% of the first $______________ and _____% for the next The total premium for this Bond is $_______________.

END OF PERFORMANCE BOND

COMMONWEALTH OF MASSACHUSETTS

PRICE ADJUSTMENT ALLOWANCES FOR

LIQUID ASPHALT, FUEL, CEMENT, AND STEEL

Due to the uncertainty of liquid asphalt, Portland cement, diesel fuel, gasoline, structural steel, and reinforcing steel prices, and in accordance with the requirements of M.G.L. c. 30, sec. 38A, MassDOT Highway Division uses special provisions on selected projects to make contract adjustments to account for the prices in effect at the time the work is performed.

Hot Mix Asphalt Provisions: https://www.mass.gov/doc/document-00811-english-metric/download Diesel Fuel & Gasoline Provisions: https://www.mass.gov/doc/document-00812-english/download (English units); https://www.mass.gov/doc/document-00812-metric/download (Metric units) Portland Cement Concrete Mixes: https://www.mass.gov/doc/document-00814/download Structural Steel and Reinforcing Steel: https://www.mass.gov/doc/document-00813-price-adjustments-for-structural-steel-and-reinforcing-steel/download

Municipalities are required to include price adjustment clauses for diesel fuel, gasoline, liquid asphalt, Portland cement concrete, structural steel and reinforcing steel in the bid documents of all construction contracts funded by the Chapter 90 Program. For more information please refer to the Price Adjustment Requirements for Cities and Towns at https://www.mass.gov/service-details/chapter-90-price-adjustment-requirements https://www.mass.gov/doc/document-00811-english-metric/download https://www.mass.gov/doc/document-00811-english-metric/download https://www.mass.gov/doc/document-00812-english/download https://www.mass.gov/doc/document-00812-english/download https://www.mass.gov/doc/document-00812-metric/download https://www.mass.gov/doc/document-00812-metric/download https://www.mass.gov/doc/document-00814/download https://www.mass.gov/doc/document-00813-price-adjustments-for-structural-steel-and-reinforcing-steel/download https://www.mass.gov/doc/document-00813-price-adjustments-for-structural-steel-and-reinforcing-steel/download https://www.mass.gov/service-details/chapter-90-price-adjustment-requirements

TOWN OF CARLISLE

CONTRACT FOR CONSTRUCTION OF PUBLIC WORKS

Public Works Projects Over $10,000

(G.L. Chapter 30, §39M)

Carlisle Public School Retaining Wall Project

TABLE OF APPENDICES

APPENDIX A - INVITATION TO BIDDERS

APPENDIX B - ADVERTISEMENT IN NEWSPAPER AND CENTRAL

REGISTER

APPENDIX C- SPECIFICATIONS

APPENDIX D - CONTRACTOR'S PROPOSAL OR BID INSURANCE

APPENDIX E - CERTIFICATES

APPENDIX F - BONDS

APPENDIX G - CERTIFICATE OF LEGAL EXISTENCE AND OTHER

ADDENDA

APPENDIX H - PAYROLL FORMS, MINIMUM WAGE

REQUIREMENTS, PREVAILING WAGE RATES

APPENDIX I - MASSACHUSETTS PRICE ADJUSTMENTS FOR

LIQUID ASPHALT, FUEL, CEMENT AND STEEL

APPENDIX J – INSTRUCTIONS TO BIDDERS

APPENDIX K – SPECIAL PROVISIONS

TOWN OF ________________

CONTRACT FOR CONSTRUCTION OF PUBLIC WORKS

This Contract entered into this _________ day of _____ , 20__ , by and between the TOWN OF ___________ (hereinafter the "OWNER" or "TOWN"), a body politic organized under the laws of the Commonwealth of Massachusetts, with offices at ______________________, and , _________________ a [corporate form] with offices at______________________ Massachusetts (hereinafter the "CONTRACTOR").

WHEREAS, the OWNER seeks to construct the following:

[PROJECT NAME/DESCRIPTION

WHEREAS, pursuant to contracts for public works construction or for the purchase of any material, shall be awarded to the lowest responsible and eligible bidder on the basis of competitive bids; and

WHEREAS, the OWNER has requested and received proposals for bids and selected the lowest responsible and eligible bidder.

NOW THEREFORE, the OWNER and the CONTRACTOR for valuable consideration agree as follows:

ARTICLE 1: THE CONTRACT DOCUMENTS AND BID PROCEDURES

The Contract Documents consist of the Contract and its Appendices (See Table of Appendices, above). These documents form the Contract and are as fully a part of the Contract as if attached to this Contract or repeated herein. The Contract represents the entire and integrated Agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral.

ARTICLE 2: THE WORK OF THIS CONTRACT

The CONTRACTOR shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others.

ARTICLE 3: DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION

The date of commencement shall be not later than 10 days after issuance of notice to proceed by the OWNER or as mutually agreed upon. The CONTRACTOR shall perform everything agreed by it to be performed properly and promptly in accordance with the terms of this Contract and to the satisfaction of the TOWN or its duly authorized representative; shall observe and comply with all existing and future state and federal laws and TOWN by-laws and regulations in any manner affecting those engaged or employed in the performance of this Contract.

The CONTRACTOR shall achieve substantial completion of the entire work not later than [DATE] or other date as agreed upon with the OWNER, subject to adjustments of this Contract Time as provided in the Contract Documents. 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.

The CONTRACTOR and the CONTRACTOR's surety shall be liable for and shall pay the OWNER the sum of ___________ dollars ( $ __________) hereinafter stipulated as liquidated damages for each calendar day of delay until the Work is substantially completed.

Substantial completion shall mean either that the Work required by the Contract has been completed except for work having a Contract Price of less than one per cent of the then adjusted total Contract Price, or substantially all of the Work has been completed and opened to public use except for minor incomplete or unsatisfactory Work items that do not materially impair the usefulness of the Work required by the Contract. Partial use or occupancy shall not result in the work being deemed substantially complete, and such partial use or occupancy shall not be evidence of substantial completion.

ARTICLE 4: CONTRACT PRICE

1. [Pick language below based on basis for contract price in IFB]

OPTION ONE (LUMP SUM AGREEMENT): In consideration for CONTRACTOR’s Performance of this Agreement, the TOWN agrees to pay CONTRACTOR the total sum of X Thousand Dollars ($X,000.00), subject to additions or deductions by Approved Change Order(s).

ARTICLE 5: CANCELLATION AND UNANTICIPATED CONDITIONS

If the CONTRACTOR shall neglect to perform the terms of this Contract promptly, the OWNER, by its duly-authorized representative may, after twenty-four (24) hours written notice to the CONTRACTOR, without prejudice to any other remedy it may have, make good such deficiencies, and may deduct the cost thereof from any payments then or thereafter due to the CONTRACTOR.

A. Unanticipated Subsurface or Latent Physical Conditions. Pursuant to G.L. c.30, §39N, if, during the progress of the Work, the CONTRACTOR or the awarding authority discovers that the actual subsurface or latent physical conditions encountered at the site differ substantially or materially from those shown on the plans or indicated in the Contract Documents, either the CONTRACTOR or the contracting authority may request an equitable adjustment in the Contract Price of the Contract applying to Work affected by the differing site conditions. A request for such an adjustment shall be in writing and shall be delivered by the party making such claim to the other party as soon as possible after such conditions are discovered. Upon receipt of such a claim from the CONTRACTOR, or upon its own initiative, the contracting authority shall make an investigation of such physical conditions, and, if they differ substantially or materially from those shown on (he plans or indicated in the Contract Documents or from those ordinarily encountered and generally recognized as inherent in Work of the character provided for in the plans and Contract Documents and are of such a nature as to cause an increase or decrease in the cost of performance of the Work or a change in the construction methods required for the performance of the Work which results in an increase or decrease in the cost of the Work, the contracting authority shall make an equitable adjustment in the Contract Price and the Contract shall be modified in writing accordingly.

ARTICLE 6: SUSPENSIONS AND DELAYS BY THE OWNER

In the event that a suspension or delay, interruption or failure to act by the OWNER increases the cost of performance to any Subcontractor, that Subcontractor shall have the same rights against the General CONTRACTOR for payment for an increase in the cost of his performance as provisions A and B below give the General CONTRACTOR against the OWNER, but nothing in provisions A and B below shall in any way change, modify or alter any other rights which the General CONTRACTOR or the Subcontractor may have against each other.

A. Suspensions, Delays, Interruptions. The OWNER may order the General CONTRACTOR in writing to suspend, delay, or interrupt all or any part of the Work for such period of time as it may determine to be appropriate for the convenience of the OWNER; provided however, that if there is a suspension, delay or interruption for fifteen (15) days or more due to a failure of the OWNER to act within the time specified in this Contract, the OWNER shall make an adjustment in the Contract Price for any increase in the cost of performance of this Contract, but shall not include any profit to the General CONTRACTOR on such increase; and provided further that the OWNER shall not make any adjustment in the Contract Price under this provision for any suspension, delay, interruption or failure to act to the extent that such is due to any cause for which this Contract provides for an equitable adjustment of the Contract Price under any other Contract provisions.

B. Claims. The General CONTRACTOR must submit the amount of a claim under provision 6A to the OWNER in writing as soon as practicable after the end of the suspension, delay, interruption or failure to act and, in any event, not later than the date of final payment under this Contract and, except for costs due to a suspension order, the OWNER shall not approve any costs in the claim incurred more than twenty (20) days before the General CONTRACTOR notified the OWNER in writing of the act or failure to act involved in the claim.

All claims by the CONTRACTOR 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 OWNER 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 OWNER'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 OWNER's reasonable control.

ARTICLE 7: PAYMENT TO CONTRACTORS

A. Payment to Contractors. 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. Payments shall be made in accordance with G.L. c.30, §39G. In the case of periodic payments, the TOWN will deduct from its payment a retention based on its estimate of the fair value of its claims against the CONTRACTOR, a retention for direct payments to subcontractors based on demands for same in accordance with the provisions of G.L. c. 30, §39F, and a retention to secure satisfactory performance of the contractual work not exceeding five per cent of the approved amount of any periodic payment, and the same right to retention shall apply to bonded subcontractors entitled to direct payment under G.L. c. 30, §39F; provided, that a five per cent value of all items that are planted in the ground shall be deducted from the periodic payments until final acceptance.

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.

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.

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…