CPS Corey Auditorium Lighting Project EC IFB (Final).pdf

TOWN OF CARLISLE

Invitation to Bid

Carlisle Public Schools Corey Auditorium Lighting Electrical Construction

The Town of Carlisle invites sealed bids for its Carlisle Public Schools Corey Auditorium Lighting Electrical Construction project. Services shall be provided under the provisions of Massachusetts General Laws c.149.

Sealed bids will be received only at the Carlisle Town Hall, 66 Westford Street, Carlisle, MA. The envelopes should be clearly marked “CPS Corey Auditorium Lighting Electrical Construction Project” AND MUST BE RECEIVED BY November 30th at 1pm, 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.

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.149, the Town of Carlisle (“Town”) will receive sealed bids for its Carlisle Public School Corey Auditorium Lighting Electrical Construction Project (“Project”) until November 30, 2023, at 1pm, in the Clark Room of Carlisle Town Hall, at which time they will be publicly opened and read at the same location. The scope of work for the Project includes the following:

The selected vendor shall furnish and install the lighting system according to the following specifications. Adjustments to this scope will be communicated to all registered bidders when applicable and following any pre-bid conference results.

A. ELECTRICAL CONSTRUCTION FOR NEW THEATRICAL SYSTEMS:

(The Town of Carlisle may employ its own staff of licensed electricians to execute tasks for construction of a new theatrical lighting and control systems in Corey Auditorium. Bidders are invited to submit separate pricing for Electrical Construction (EC) work, broken out by each of the following subsections: Base Bid, and alternates A.1, A.2, A.3,and A.4. This will be considered should the Town decide to outsource these specific tasks.).

MINIMUM REQUIRED FOR ALL PROPOSED EC WORK:

a. It is the responsibility of the EC to receive any necessary manufacturer product training or certifications, be familiar with all manufacturer recommendations and documentation, consult with and follow the designs of the theatrical systems vendor.

b. All receptacles (including stage pin), breakers, panels, and racks must be labeled to reference corresponding parts of the circuit for ease of troubleshooting. Labels must be durable, legible, environmentally stable, aesthetically appropriate, easy to understand, and comply with relevant local and industry standards.

c. All EC items and activities must adhere to all relevant licensing, safety, permit, inspection, regulatory, local, and industry standards.

Base Bid - EC WORK FOR “FOR NEW THEATRICAL CORE SYSTEMS”:

a. Provide and execute all Electrical Construction “EC”, inclusive of labor, tools, and materials, required for the removal of the existing EDI Mark VII Dimmer Rack.

b. Provide and execute all EC duties, inclusive of labor, tools, and materials, required for the installation and turn-up of ETC Unison Dimmer Rack and ETC IQ Smart Panel(s) with all associated processors, cards, breakers, options, and accessories.

c. Provide and execute all EC duties, inclusive of labor, tools, and materials, required for the installation and turn-up of constant and relay power to house electric, stage electrics 1 through 4, and dimming power to existing architectural (house) lighting.

d. Provide and execute all EC duties, inclusive of labor, tools, and materials, required for the repair or replacement of Stage Pin Receptacles - where needed.

e. Provide and execute all EC duties, inclusive of labor, tools, and materials, required for removal of the existing architectural (house) lighting control systems and installation of new ETC Paradigm touchscreens, switches, locking boxes, and accessories. This includes, but may not be limited to: Rear Auditorium Right Entrance, Rear Auditorium Left Entrance, and Rear Auditorium Left above the trash receptacle. Include Cat 6 Ethernet runs, as required.

f. Provide and execute all EC duties, inclusive of labor, tools, and materials, required for installation of the Ethernet / DMX plug-in stations, as appropriate.

g. Provide and execute all EC duties, inclusive of labor, tools, and materials, required for installation of the Network Equipment Rack.

h. Meet all minimum requirements listed in Section A.

Alternate A.1 EC WORK FOR “BACKSTAGE RUNNING BLUE LIGHTS”:

a. Provide and execute all Electrical Construction “EC” duties, inclusive of labor, tools, and materials, required for the installation and operation of ETC Bluelight System, zones, and fixtures.

b. Meet all minimum requirements listed in Section A.

Alternate A.2 EC WORK FOR “BOH CONTROL ISLAND POWER AND DATA”:

a. Provide and execute all Electrical Construction “EC” duties, inclusive of labor, tools, and materials, required for installation of four (4) 120 VAC 20 A circuits each terminated as NEMA 5- 20R duplex receptacles to power Back of House “BOH” Control Systems Island, may included:

• Theatrical Controls (ETC Ion 20XE Console with two touchscreens) and 1500VA UPS/surge/battery backup.

• Two Altman Siren 700W LED Follow Spots.

• And other temporary theatrical installations like Sound System Controls, cable tv camera(s), and BOH lighting tree.

b. Provide and execute all Electrical Construction “EC” duties, inclusive of labor, tools, and materials, required for installation of two (2) Cat 6 Ethernet runs from “BOH” Control Systems Island to Network Equipment Rack SL Dimmer Room / Vestibule wall.

c. Meet all minimum requirements listed in Section A.

Alternate A.3 EC WORK FOR SIDES OF AUDITORIUM:

a. Provide and execute all Electrical Construction “EC” duties, inclusive of labor, tools, and materials, required for installation of constant and relay power to the Auditorium Left and Right Front Side Walls.

b. Meet all minimum requirements listed in Section A.

Alternate A.4 EC WORK FOR “EMERGENCY LIGHTING”:

a. Provide and execute all EC duties, inclusive of labor, tools, and materials, required for installation of the Emergency Bypass Detection Kit (EBDK), and any connections required to existing building life safety systems.

b. Provide and execute all EC duties, inclusive of labor, tools, and materials, required for installation of two (2) ETC SC1008 Branch Circuit Emergency Lighting Transfer Switch (BCELTS) or as ETC Emergency Lighting Transfer System (ELTS2) appropriately configured for two (2) 120V circuits servicing two house lighting circuits.

c. Meet all minimum requirements listed in Section A.

General Bid Information

Copies of the Contract Documents may be obtained from the Town of Carlisle Web site after 12pm on November 3, 2023, 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.

https://www.carlislema.gov/1088/Procurement mailto:rmclane@carlislema.gov

A pre-bid meeting must be organized by the bidder. Pre-bid meetings will be coordinated with the Carlisle Facilities Manager Stephen Connearney. His primary contact is sconnearney@carlisle.k12.ma.us. Failure to attend or visit the premises shall be no defense in failure to perform contract terms.

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) Payment Bond

(4) Certificate of Corporate Vote

(5) Certification of Non-Collusion

(6) Certificate of Tax Compliance

(7) Proof of OSHA Compliance (copies of licensing)

(8) References for a minimum of 5 public projects of similar size and scope

(9) Any suggested changes to the attached sample contract

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.

mailto:sconnearney@carlisle.k12.ma.us

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.

4. Rules for Award

a. The Town will award the contract to the lowest eligible and responsible bidder based on the combined cost for meeting all minimum requirements in the base bid and the alternates selected by the Town which can be completed within the project’s available appropriation. Bidders must provide pricing for each alternate listed.

b. Reserve Rights: The Town reserves the right to reject any or all bids, or to waive minor irregularities or technicalities in bidding.

c. 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.

d. 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.

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. Bond

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. The 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. Time is of the essence for this contract. All physical construction related to Base Bid work shall commence no later than January 1, 2023, and shall be substantially complete by June 1, 2024, with final completion, including submission of close-out documents, by June 22, 2024. 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 without negotiating a new date with the Town, 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 Carlisle to consider the bid unacceptable.

General Bids

(1) General Bid Form

(2) Bid Bond

(3) Payment Bond

(4) Certificate of Corporate Vote

(5) Certification of Non-Collusion

(6) Certificate of Tax Compliance

(7) Proof of OSHA Compliance (copies of licensing)

(8) References for a minimum of 5 public projects of similar size and scope

(9) Any suggested changes to the attached sample contract

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.

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 of , for the amounts listed in Item C, subject to additions and deductions in accordance with the terms of the Specifications. 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, in accordance with the Contract Documents is:

Dollars ($)

Alternate A.1: The proposed additional Contract Amount to furnish all labor, equipment and materials associated with this project option including the minimum requirements

Alternate A.2: The proposed additional Contract Amount to furnish all labor, equipment

Alternate A.3: The proposed additional Contract Amount to furnish all labor, equipment

Alternate A.4: The proposed additional Contract Amount to furnish all labor, equipment

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 this subsection the word “person” shall mean any natural person, joint venture, partnership, corporation or other business or legal entity.

Company Name

Address

By:

(Name of Authorized Signature)

Title:

Signature:

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

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:

(NAME OF PROJECT)

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

Contract & General Conditions for Procurement of Services

SAMPLE

This Contract is entered into on, or as of, this______ day of ___________, 20___ by and between the Town of ___________, Massachusetts (the “Town” or “Awarding Authority”), and

____________________________, a _______________ (the “Contractor”).

1. This is a Contract for the procurement of the following: as shown above and to be inserted in the final contract pending changes from the IFB

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

Invitation for Bid and the Contractor’s rates set forth in its bid, a copy of which is attached hereto as Exhibit A.

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.

30, § 39K, 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 ___________, 20__ 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: The contractor will 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. The 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.

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…