Swamp Locks Public Realm Project, addenda 1 issued

CITY OF

LOWELL, MASSACHUSETTS

IFB 26-51

BID PROPOSAL, CONTRACT

GENERAL CONDITIONS, SPECIAL CONDITIONS

AND TECHNICAL SPECIFICATIONS

FOR

SWAMP LOCKS PUBLIC REALM

CITY MANAGER – THOMAS A. GOLDEN, JR.

DEPARTMENT OF PLANNING AND DEVELOPMENT

DPD DIRECTOR AND ASSISTANT CITY MANAGER, YOVANI BAEZ-ROSE

City of Lowell

Department of Planning and Development

Lowell, Massachusetts

Prepared by

TEC, Inc.

282 Merrimack Street, 2nd Floor

Lawrence, MA

TABLE OF CONTENTS

INVITATION TO BID………………………………………………….………INV-1-INV-2

INFORMATION FOR BIDDERS………………………………….….…………IB-1-IB-10

BID PROPOSAL…………………………………….……..…………………….BP-1-BP-15

CONTRACT…………………………………………….………………………CON-1-CON-9

GENERAL CONDITIONS………………………….…………………….……..GC-1-GC-30

SPECIAL CONDITIONS……………………………….………………….……...SC-1-SC-8

SPECIAL PROVISIONS……………………….…………SP-1-SP-183 & Appendix 1-3

ATTACHMENT A – PROJECT PLANS

ATTACHMENT B – PREVAILING WAGE RATES

INVITATION TO BID

Bid Number: 26-51

Swamp Locks Public Realm

Lowell, Massachusetts

Sealed bids will be publicly opened on March 18, 2026 at City Hall in the Purchasing Department, Room 60, 375 Merrimack Street, Lowell, MA 01852, at 11:00AM, EST/EDST, for the work described herein. BIDDERS ARE REQUIRED TO SUBMIT A BID INCLUDING ALL BID FORMS CONTAINED IN THIS PACKAGE. DO NOT REMOVE PAGES.

The bids will be for all labor, materials, equipment, tools, appliances etc. necessary for the SWAMP LOCKS PUBLIC REALM.

A non-mandatory pre-bid meeting is scheduled for 11:00 A.M. on Tuesday, March 5, 2026, at the project site located approximate at 369A Jackson Street, Lowell, MA.

Bid Documents, including Plans and Specifications may be obtained after February 25, 2026 on the City’s Website at the following address:

http://www.lowellma.gov/Purchasing/Pages/General/OpenSolicitations.aspx

Bid Number: IFB 26-51

Each bid proposal must be secured by an accompanying deposit of five percent (5%) of the total bid amount and submitted in a sealed envelope clearly marked, “Proposal for SWAMP LOCKS PUBLIC REALM.”. The deposit shall be in the form of a Bid Bond, Certified Check, Cashier’s or Treasurer’s Check, made payable to the City of Lowell, or cash.

The successful bidder must furnish a Payment Bond and a Performance Bond of an amount equal to One Hundred (100%) percent of the total Contract Price, issued by a Surety Company, satisfactory to the Commissioner of Public Works.

Attention of the Bidders is particularly called to the “Equal Opportunity Clause” and the “Standard Federal Equal Employment Opportunity Construction Contract Specifications” set forth herein.

Attention of the Bidders is particularly called to the requirements of the conditions of employment to be observed and the prevailing wage rates to be paid on this project, as determined by the State Department of Labor Division of Occupational Safety.

Note: Bidders must also comply with Certification of Compliance G.L.C. 30 & 39S Public Construction More Than $10,000.00. See page BP-4.

The City of Lowell, acting through its Chief Procurement Officer, reserves the right to waive any informality in, to reject any or all bids or to accept the one which appears in the best interest of the City of Lowell.

MBE’s are encouraged to submit proposals. EOE/AA.

Project Value (Base Bid plus add Alts): $980,000

P. M. Vaughn - CHIEF PROCUREMENT OFFICER

INFORMATION FOR BIDDERS

SUBSECTION

1. Receipt and Opening of Bids

2. Preparation of Bid

3. Price Adjustments for Hot Mix Asphalt Pavement, Diesel Fuel and Portland Cement

4. Qualifications of Bidder

5. Bid Security

6. Damages for Failure to Enter into Contract

7. Duration of Contract

8. Conditions of Work

9. Addenda and Interpretations

10. Security and Interpretations

11. Power of Attorney

12. Notice of Special Conditions

13. Laws and Regulations

14. Method of Award - Lowest Qualified Bidder

15. Obligation of Bidder

16. List of Utilities in the Area

17. Testing of Materials

18. Nondiscrimination in Employment

19. Affirmative Action

20. Sales Tax

21. Soil Conditions

22. Compliance with Air and Water Acts

23. Interest of Members, Officers, or Employees of the Owner,

Members of Local Governing Body, or other Public Officials

INFORMATION FOR BIDDERS

1. RECEIPT AND OPENING OF BIDS

The City of Lowell herein called the “Owner” invites sealed bids on the separate copies of Bid Forms furnished for that purpose, all blanks of which must be appropriately filled in. The bound-in Bid Forms in the Contract Documents are for continuity and the convenience of Bidders and are not to be detached from the Contract Documents, filled out or executed.

Sealed bids will be received at the Lowell City Hall Purchasing Department, 375 Merrimack Street, Room 60, Lowell, MA 01852 until 11:00 A.M. local time, March 18, 2026 and then at said Office publicly opened and read aloud. The envelope containing the bids for the SWAMP LOCKS PUBLIC REALM shall be sealed, addressed to the City of Lowell, Purchasing Department and designated as “Bid for SWAMP LOCKS PUBLIC REALM”

The Owner may consider informal any bid not prepared and submitted in accordance with the provisions hereof and may waive any informalities or reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall not be considered. No bidder may withdraw a bid within 60 days after the actual date of the opening thereof.

2. PREPARATION OF BID

Each bid for the SWAMP LOCKS PUBLIC REALM shall be submitted on the Basis of Award Form found on page BP-3.

All blank spaces for bid prices must be filled in, with ink or typewriter, in both words and figures, and both of the foregoing Certifications must be fully completed and executed when submitted.

Each bid for the SWAMP LOCKS PUBLIC REALM must be submitted in a sealed envelope bearing on the outside the name of the bidder, his address, and the name of the project for which the bid is submitted. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed as specified above.

3. PRICE ADJUSTMENTS FOR HOT MIX ASPHALT PAVEMENT, DIESEL FUEL AND PORTLAND CEMENT

This Contract contains price adjustments for Diesel Fuel and Portland Cement. The March 2025 base price for Diesel Fuel shall be $2.759 per gallon and the April 2025 base price for Portland Cement shall be $425.53 per ton. Take notice that this price adjustment applies ONLY to the Portland Cement content in the concrete mixture placed on the job.

4. QUALIFICATIONS OF BIDDER

The City reserves the right to reject any or all Bids, if it is in the public interest to do so or for any other good cause, not limited to the following.

The City reserves the right to reject any or all Bids, if it determines that the Bidder does not possess the qualifications to perform the Work specified in the Bidding Documents.

The City reserves the right to reject the Bid of any Bidder who the City has determined has not completed a prior project, whether with the City or elsewhere, because of the fault of the Bidder, its Subcontractors or employees; has been declared in default on a prior contract whether with the City or elsewhere; has failed to complete a prior project in a timely fashion whether with the City or elsewhere; based on its work record, is not capable of performing the within Contract whether due to lack of sufficient prior experience, as determined by the City, or any other reason; has a work record of its Subcontractors demanding direct payment from the City; has a work record of its Subcontractors, employees or material suppliers complaining to the City or other awarding authority regarding the Bidder’s failure to pay them; has a record of complaints made to the City or other awarding authority by persons offended by the behavior of the Bidder, its Subcontractors or employees; or has a record of its failure to comply with the Commonwealth and/or City laws and ordinances or requirements. “Work record” or “record” constitutes a minimum of one event in the work history of the Bidder.

The City shall reject every Bid that is not accompanied by a Bid deposit.

A. Subject to the requirements of Chapter 29, Section 8B of the General Laws, each prospective Bidder proposing to bid on this project must be prequalified and certified by the Massachusetts Department of Transportation, Highway Division to perform this work in accordance with the “Regulations Governing Classification and Rating of Prospective Bidders.”

Each bid must include evidence of the Bidder’s ability to complete the Work in accordance with the Contract Documents. Each bid must include the name of the Superintendent who is to be used on this project, and his/her experience.

Each bid must include:

1. A comprehensive list of any and all citations and/or violations issued by regulatory agencies and/or judgments against bidder from a court of law.

2. All assessed penalties or liquidated damages, and the project in which they occurred.

3. Any and all contract terminations.

4. A list of at least five references.

5. BID SECURITY

Each bid shall be accompanied by cash, a certified check, treasurer’s check, or cashier’s check issued by a responsible bank or trust company, made payable to the City of Lowell in the amount of 5% of the bid or a bid bond prepared in the form of bid bond; duly executed by the bidder as principal and having as surety thereon a surety company listed on the Department of the Treasury’s approved listing (Department Circular 570), licensed to do business in the Commonwealth of Massachusetts approved by the OWNER, in the amount of 5% of the bid, but in no event less than one hundred dollars not more than fifty thousand dollars.

Subbids shall be submitted for the following items for work: NONE

All bid deposits of general bidders, except those of the three lowest responsible and eligible bidders, will be returned within five (5) days, Saturdays, Sundays and legal holidays excluded, after the opening of the general bids.

The bid deposits of the three lowest responsible and eligible bidders shall be returned upon the execution and delivery of the Contract, or if no award is made, upon the expiration of 90 days, Saturdays, Sundays, and legal holidays excluded, except that, if any bidder fails to perform his agreement to execute a Contract and furnish a Performance Bond and also a Labor and Materials Payment Bond as stated in his bid, his bid deposit shall become and be the property of the City of Lowell as liquidated damages; provided that the amount of the bid deposit which becomes the property of the City of Lowell shall not, in any event, exceed the difference between his bid price and the bid price of the next lowest responsible and eligible bidder; and provided further that, in case of death, disability or other unforeseen circumstances affecting the bidder, his bid deposit may be returned. The ninety-day time limit shall not be applicable to the next lowest eligible bidder, with his and his subbidder’s consent, if the original award made within the time limit is invalidated.

All bid deposits of subbidders, except (a) of the subbidders named in the general bids of the three lowest responsible and eligible general bidders, and (b) those of the three lowest responsible and eligible subbidders for each subtrade, will be returned within five days (Saturdays, Sundays, and legal holidays excluded), after the execution of the general contract; except that, if a selected subbidder fails to perform his agreement to execute a subcontract with the general bidder selected as the general contractor contingent upon the execution of the general contract and if requested to do so in the general bid by such a general bidder, to furnish a Performance and Payment Bond as stated in his subbid, the bid deposit which becomes the property of the City of Lowell shall not, in any event, exceed the difference between his subbid price and the subbid price of the next lowest responsible and eligible subbidder; and provided further that, in case of death, disability or other unforeseen circumstances affection any such subbidder, his bid deposit may be returned to him/her.

6. DAMAGES FOR FAILURE TO ENTER INTO CONTRACT

The successful bidder, upon his/her failure or refusal to execute and deliver the contract and bonds required within 10 days after he has received notice of the acceptance of his bid, shall forfeit to the OWNER, as liquidated damages for such failure or refusal, the security deposited with his bid.

7. DURATION OF CONTRACT

The contract shall be for the period beginning on or about April 1, 2026 or as stated in the NOTICE TO PROCEED, WHICHEVER IS LATER and end on or before

November 30, 2026

Failure to complete the work by the dates herein specified, or any proper extensions thereof granted by the OWNER will be subject to liquidated damages in the amount of $500 per day.

8. CONDITIONS OF WORK

Each bidder must inform himself/herself fully of the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful bidder of his/her obligation to furnish all material and labor necessary to carry out the provisions of his/her contract insofar as possible the contractor, in carrying out his/her work, must employ such methods or means as will not cause any interruption of or interference with the work of any other contractor.

9. ADDENDA AND INTERPRETATIONS

No interpretation of the meaning of the plans, specifications or other pre-bid documents will be made to any bidder orally.

Prospective bidders are required to submit all questions in writing to the Chief Procurement Officer by 1:00 P.M. by March 10, 2026. Any questions received after this time will not be considered for review by the City.

Contractors should email questions and addendum acknowledgements to the following email address: pmvaughn@lowellma.gov . Please put SWAMP LOCKS PUBLIC REALM in the subject line.

Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications which, if issued, will be e-mailed with return receipt requested to all prospective bidders (at the respective email addresses furnished for such purposes), not later than three days prior to the date fixed for the opening of bids. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligations under his/her bid as submitted. All addenda so issued shall become part of the contract documents.

10. SECURITY FOR FAITHFUL PERFORMANCE

Simultaneously with his delivery of the executed Contract, the Contractor shall furnish a surety bond or bonds as security for faithful performance of this Contract and for the payment of all persons performing labor on the project under this Contract and furnishing materials in connection with this Contract, as specified in the General Conditions included herein. The surety on such bond or bonds shall be a duly authorized surety company listed on the Department of the Treasury’s approved listing (Department Circular 570), licensed to do business in the Commonwealth of Massachusetts and satisfactory to the OWNER.

11. POWER OF ATTORNEY

Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their power of attorney.

12. NOTICE OF SPECIAL CONDITIONS

The Bidder’s attention is particularly called to those parts of the contract documents and specifications which deal with the following:

A. Inspection and testing of materials

B. Insurance requirements

C. Wage rates

D. Stated Allowances

E. Non-discrimination in employment

F. Easements

13. LAWS AND REGULATIONS

The bidder’s attention is directed to the fact that all applicable State Laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the Contract throughout, and they will be deemed to be included in the Contract the same as through herein written out in full.

14. METHOD OF AWARD – LOWEST QUALIFIED BIDDER

The City shall award the contract to the lowest responsible (demonstrably possessing the skill, ability, and integrity necessary to faithfully perform the work called for by the Contract, based upon a determination of competent workmanship and financial soundness) and eligible (able to meet all requirements for Bidders set forth in the Bidding Documents) Bidder within ninety (90) Business Days after the date of the opening of the Bids. If the Bidder selected as the contractor fails to perform its agreement to execute a contract in accordance with the terms of its Bid and furnish a performance bond and a labor and materials or payment bond, if required by the Bidding Documents, an award shall be made to the next lowest responsible and eligible Bidder. The ninety-day time limit shall not be applicable to a second or subsequent award made after the expiration of the time limit with the consent of the next lowest responsible and eligible bidder, and made because the original award made within the time limit was invalid, or because the bidder failed to execute the Agreement or to provide a performance and labor and materials or payment bond.

Any Bidder who fails to perform its agreement to execute a contract and furnish a performance bond and a labor and materials or payment bond shall forfeit its Bid deposit which shall become property of the City, but shall not exceed the difference between its Bid price and the Bid price of the next lowest responsible and eligible bidder.

The City will notify the selected Bidder and all other Bidders of the award.

The City will submit to the selected Bidder a Notice of Award and at least three (3) unsigned copies of the Agreement between the City and the Contractor. The selected Bidder will be required to return to the Purchasing Department within ten (10) business days of the date notice of award all of the copies of the Agreement between the City and the Contractor signed, its performance bond, its labor and materials or payment bond and all required certificates of insurance. Failure of the selected Bidder to submit all of the required documents in a timely fashion may result in the withdrawal of the award. The City will return one fully signed copy of the Agreement to the Contractor. Time is of the essence in the performance of the Agreement.

15. OBLIGATION OF BIDDER

At the time of the opening of bids it is presumed that each bidder has inspected the site and has read and is thoroughly familiar with the plans and contract documents (including all addenda). The failure or omission of any bidder to examine any form, instrument or document shall in no way relieve any bidder from any obligation in respect to his/her bid.

16. LIST OF UTILITIES IN THE AREA

Attention is called to the fact that the following Utility Companies have facilities in the area:

Lowell Water Utility 978-678-4240

Lowell Regional Wastewater Utility 978-674-4248

Lowell Engineering Department 978-674-4070

National Grid Gas- 978-725-1389

National Grid Electric- 978-725-1389

Verizon Telephone 877-686-7007

Comcast 877-633-4266

Lowell Fire Alarm/Electrician 978-674-4114

Kinder-Morgan 800-231-2800

The Contractor shall notify the controlling utility agency at least 72 hours in advance of its intent to excavate in any way or manner, within six feet of any existing utility agency owned pole, anchor guy, underground duct, conduit, pipe, valve or manhole. No excavation shall take place within six feet of any existing utility agency owned pole, anchor guy, underground duct, conduit, pipe, valve or manhole owned by a utility agency without this notification. In addition, Dig Safe must be notified 72 hours prior to commencing excavation.

"DIG-SAFE" Call Center: Telephone 1-888-344-7233

17. TESTING OF MATERIALS

The bidder shall note that inspection of the work and testing of materials is a requirement of this contract. The Bidder shall provide a list, including resume and qualifications of all anticipated third-party inspectors, testing labs, etc. required to perform the work in accordance with the Contract Specifications. The Contractor shall be responsible for providing third party testing for all concrete placed under this contract. No separate payment will be made, and all costs associated with material testing shall be considered incidental to various contract items. All material testing shall be performed in accordance with the relevant MassDOT Specifications.

18. NON-DISCRIMINATION IN EMPLOYMENT

Contracts for work under this proposal will obligate the Contractors and subcontractors not to discriminate in employment practices. Bidders must, if requested, submit a compliance report concerning their employment practices and policies in order to maintain their eligibility to receive the award of the Contract. The successful bidder must be prepared to comply in all respects with the Contract Provisions regarding Equal Employment Opportunity which are located in the Special Conditions Section of these Specifications.

19. AFFIRMATIVE ACTION

The Bidder’s attention is called to the Notice for Affirmative Action to ensure equal employment opportunity (Executive Order 11246 and 41CFR Part 60-4) and the notice of Minimum Minority Percentages to be applied to State and State Assisted Contracts within the Commonwealth. To meet the State and Federal requirements Construction Participation for this project are as follows: MBE’s (4.2%) and WBE’s (8.8%)

20. SALES TAX

Materials and equipment purchased for permanent installation in this project will be exempt from the Massachusetts Sales and Use Tax. The exemption certificate number will be furnished to the Contractor. Each bidder shall take this exemption into account in calculating his bid for the work.

21. SOIL CONDITIONS

No soil sampling has been performed in conjunction with this project.

22. COMPLIANCE WITH AIR AND WATER ACTS

This contract is subject to the requirements of the Clean Air Act, as amended, 42 U.S.C. 1857 etc. seq., the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et. seq. and the regulations of the Environmental Protection Agency with respect thereto, 40 CFR Part 15, as amended from time to time.

23. INTEREST OF MEMBERS, OFFICERS, or EMPLOYEES of the OWNER, MEMBERS of LOCAL GOVERNING BODY, or OTHER PUBLIC OFFICIALS.

No member, officer, or employee of the OWNER, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure of for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with this Contract.

REFERENCES

Bidders are required to submit at least five (5) references prior to awarding of the contract.

1) Company Name: ___________________________________________________

Address: ___________________________________________________

___________________________________________________

Telephone Number: ___________________________________________________

Contact Person: ___________________________________________________

Title/Position ___________________________________________________

Type of Services

Performed: ___________________________________________________

Dates of Work: ___________________________________________________

Comments: ___________________________________________________

___________________________________________________

___________________________________________________

2) Company Name: ___________________________________________________

Address: ___________________________________________________

___________________________________________________

Telephone Number: ___________________________________________________

Contact Person: ___________________________________________________

Title/Position ___________________________________________________

Type of Services

Performed: ___________________________________________________

Dates of Work: ___________________________________________________

Comments: ___________________________________________________

___________________________________________________

___________________________________________________

3) Company Name: ___________________________________________________

Address: ___________________________________________________

___________________________________________________

Telephone Number: ___________________________________________________

Contact Person: ___________________________________________________

Title/Position ___________________________________________________

Type of Services

Performed: ___________________________________________________

Dates of Work: ___________________________________________________

Comments: ___________________________________________________

___________________________________________________

___________________________________________________

4) Company Name: ___________________________________________________

Address: ___________________________________________________

___________________________________________________

Telephone Number: ___________________________________________________

Contact Person: ___________________________________________________

Title/Position ___________________________________________________

Type of Services

Performed: ___________________________________________________

Dates of Work: ___________________________________________________

Comments: ___________________________________________________

___________________________________________________

___________________________________________________

5) Company Name: ___________________________________________________

Address: ___________________________________________________

___________________________________________________

Telephone Number: ___________________________________________________

Contact Person: ___________________________________________________

Title/Position ___________________________________________________

Type of Services

Performed: ___________________________________________________

Dates of Work: ___________________________________________________

Comments: ___________________________________________________

___________________________________________________ ___________________________________________________

BID PROPOSAL

CITY OF LOWELL, MASSACHUSETTS

Project: SWAMP LOCKS PUBLIC REALM

Location: Lowell, Massachusetts

To the City of Lowell, Massachusetts (hereinafter called OWNER)

Prospective Bidders:

The Bidder, in compliance with your invitation for bids for the construction of the proposed project having examined the plans and specifications with related documents as prepared by Copley Wolff Design Group and TEC, Inc., and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies, and to construct the project in accordance with the contract documents, within the time set forth therein, and at the prices stated below. This price is to cover all expenses incurred in performing the work required under the contract documents, of which this proposal is a part.

Bidder hereby agrees to commence work under this Contract on or before a date to be specified in a written “notice to proceed” of the OWNER, meet interim specified milestones and to fully complete the Contract by November 30, 2026 as stipulated in the specifications.

Bidder understands that the OWNER reserves the right to reject any or all bids and to waive any informality in the bidding.

The bidder agrees that this bid shall be good and may not be withdrawn for a period of 90 calendar days after the scheduled closing time for receiving bids.

Upon receipt of written notice of the acceptance of this bid, bidder will execute the formal contract within 10 days and deliver a Surety Bond or Bonds as required.

The Bid Security attached in the sum of ____________________________________

($_________________________________________________________________________

is to become the property of the OWNER in the event the contract and bonds are not executed within the time above set forth, as liquidated damages for the delay and additional expense to the OWNER caused thereby.

Bidder acknowledges receipt of the following addendum(s):

________________________________________________________________________

Bidder agrees to perform all the work described in the specifications and shown on the plans for the proposed LUMP SUM.

NOTE: All prices should be written in ink, in words as well as figures, for the entire proposal. In case of discrepancy the amount shown in words will govern.

The CONTRACTOR agrees that its attention has been called to the provisions of the “Reserve System” Ordinance of the City of Lowell, which is now incorporated in “The Code of the City of Lowell, Massachusetts”, passed by the City Council on April 26, 1988 and amendments thereto and that each purchase order, so-called, issued in accordance with Section 7-76 of Said Code to cover the services to be rendered under this contract shall be made a part hereof by reference. It is further agreed that no obligation shall be considered to have been incurred under this Contract unless and until a purchase order shall have been issued and approved. And further, that the obligation incurred shall be limited to the amount set forth in each purchase order, or purchase orders, duly issued and approved.

The CONTRACTOR further agrees that his attention has been called to the duration of contract on Pages IB-5 and SC-3 of this Contract.

"The site is subject to a Notice of Activity and Use Limitation (AUL) dated July 1, 2010, Book 24069 Page 25 (RTN 3-25687). Additional AULs on adjacent parcels may also apply to the site. All construction activities shall be carried out in strict accordance with the requirements outlined in these notices. Given the project's location within an active urban district, careful staging and coordination with ongoing development efforts will be necessary. The selected contractor will be responsible for providing all labor, materials, equipment, and permits required to complete the work in accordance with project plans and specifications."

BASIS OF AWARD

SWAMP LOCKS PUBLIC REALM

In accordance with the Specifications, and under the terms and conditions mentioned above, I

(We) hereby offer to furnish and deliver to departments described above the following services which shall in all respects meet the attached specifications, as required during the terms mentioned above for the following prices:

TOTAL LUMP SUM COST (Base Bid): ____________________________________________

IN WORDS: ___________________________________________________________________

TOTAL LUMP SUM COST (Add Alt 1): ____________________________________________

IN WORDS: ___________________________________________________________________

TOTAL LUMP SUM COST (Add Alt 2): ____________________________________________

IN WORDS: ___________________________________________________________________

TOTAL LUMP SUM COST (Base Bit + Both Add Alts): _______________________________

IN WORDS: ___________________________________________________________________

The BASIS OF AWARD is the lowest responsive and responsible bidder offering the lowest TOTAL COST.

Note 1: Each of the above LUMP SUM bid price shall include all Labor, Materials, Equipment and Incidental costs required to complete the work described under each division.

Signature of Bidder: _________________________________________________

Print Name and Title: ________________________________________________

Company Name and Address:

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

Telephone Number: ____________________________________________________

Email: ____________________________________________________

CERTIFICATION OF COMPLIANCE

G.L.c.30, §39S

PUBLIC CONSTRUCTION MORE THAN $10,000.00

I certify under the pains and penalties of perjury that:

1. the Contractor is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed in the work;

2. 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 (“OSHA”) that is at least 10 hours in duration and the time the employee begins works and who shall furnish documentation of successful completion of said course with the first certified payroll report for each employee; and

3. that all employees to be employed in the work subject to this bid have successfully completed a course in construction safety and health approved by OSHA that is at least 10 hours in duration.

______________________________ ______________________________

Signature of Individual or Corporate By: Corporate Officer

Name (Mandatory) (Mandatory, if applicable)

Approval of a contact or other agreement will not be granted unless this certification clause is signed by the applicant.

The undersigned offers the following information as evidence of his qualifications to perform the work as bid upon according to all requirements of the Plans and Specifications.

1. Have been in business under present business name of ________________________

______________________________________________________________________

for __________________________years.

2. Ever failed to complete any work?______________________________________

3. List one or more recent projects with names of Community and Engineer on which you served as general contractor similar to work required for this project.

a)______________________________________________________________________

b)______________________________________________________________________

c)______________________________________________________________________

4. Bank Reference___________________________________________________________

The undersigned agrees that, if he is selected as general contractor, he will within ten (10) days, Saturdays, Sundays and legal holidays excluded, after presentation thereof by the awarding authority, execute a contract in accordance with the terms of the general bid and furnish a performance bond and also a labor and materials or payment bond, each of a Surety company qualified to do business under the laws of the Commonwealth and satisfactory to the awarding authority and each in the sum of one hundred percent (100%) of the contract price, the premiums for which are to be paid by the general contractor and are included in the contract price.

The undersigned hereby certifies that he is able to furnish labor and can work in harmony with all other elements of labor employed or to be employed on the work.

Date:_______________________ __________________________________

(Name of General Bidder)

BY _________________________________

(Signature)

___________________________________

(Title of Signer)

___________________________________

(Business Address)

___________________________________

(City and State)

___________________________________

(Phone Number)

NON-COLLUSION AFFIDAVIT OF PRIME BIDDER

State of ______________________________)

County of ____________________________)

_________________________________________________________being duly sworn,

deposes and says that:

(1) He is (owner, partner, office representative or agent) of _____________________

_____________________________________________the Bidder that has submitted the attached bid;

(2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid;

(3) Such bid is genuine and is not a collusive or sham bid;

(4) Neither the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham bid in connection with the Contract for which the attached bid has been submitted, or to refrain from bidding in connection with such contract, or has in any manner directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached bid, or of any other Bidder; or to fix any overhead, profit or cost element of the bid price, or the bid price of any other Bidder; or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the CITY OF LOWELL or any person interested in the proposed

Contract;

SWAMP LOCKS PUBLIC REALM

(5) The price quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents representatives, owners, employees, or parties in interest, including this affiant.

____________________________________

(Signed)

____________________________________

(Title)

Subscribed and sworn to before me on

this _____________day of ___________, 20___

_______________________________________

Title

My commission expires ___________________

A. Contractors’ Certification

A contractor will not be eligible for award of a contract unless such contractor has submitted the following certification, which is deemed a part of the resulting contract:

CONTRACTOR’S CERTIFICATION

_________________________________________________________________ certifies that:

Contractor

1. It intends to use the following listed construction trades in the work under the contract

________________________________________________________________________

____________________________________________________________________; and

2. Will comply with the minority manpower ratio and specific affirmative action steps contained herein; and

3. Will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any subcontract under this contract the subcontractor certification required by these bid conditions.

__________________________________________________________

(Signature of authorized representative of contractor)

B.
Subcontractors’ Certification

Prior to the award of any subcontract, regardless of tier, the prospective subcontractor must execute and submit to the Prime Contractor the following certification, which will be deemed a part of the resulting subcontract:

SUBCONTRACTORS’ CERTIFICATION

__________________________________________________________________ certifies that:

Subcontractor

1. It tends to use the following listed construction trades in the work under the subcontract

________________________________________________________________________

____________________________________________________________________; and

2. Will comply with the minority manpower ratio and specific affirmative action steps contained herein; and

3. Will obtain from each of the subcontractors prior to the award of any subcontract under this subcontract the subcontractor certification required by these bid conditions.

____________________________________________________

(Signature of authorized representative of subcontractor)

In order to ensure that the said subcontractors’ certification becomes a part of all subcontractors under the prime contract, no subcontract shall be executed until an authorized representative of the state agency (or agencies) administering this project has determined, in writing, that the said certification has been incorporated in such subcontract, regardless of tier. Any subcontract executed without such written approval shall be void.

MINIMUM MINORITY PERCENTAGES TO BE APPLIED TO

STATE AND STATE ASSISTED CONTRACTS

WITHIN THE COMMONWEALTH OF MASSACHUSETTS

The Construction Reform Law, Chapter 193 of the Acts of 2004, and the revisions it made to M.G.L. c. 23A, §44 and M.G.L. c. 7, §40N, include a new municipal affirmative marketing program. Municipalities (hereinafter Awarding Authorities) must now incorporate Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) goals into both their design and construction procurement for municipal contracts for the construction, reconstruction, alteration, remodeling, repair or demolition of any public building or public work by any city or town that includes funding provided by the Commonwealth, in whole or in part (such as funding under the School Building Assistance Program, funding in any legislative appropriation, grant awards, reimbursements, municipal commitments to use state funds and the like). To count towards participation the business must be a State Office of Minority and Women Business Assistance (SOMWBA) certified WBE or MBE. Certification as a disadvantaged business enterprise (DBE), certification as an MBE/WBE by any agency other than SOMWBA, or submission of an application to SOMWBA for certification as an MBE/WBE shall not confer MBE or WBE status on a firm for purposes of participation credit. You can access the new law on The General Court of Massachusetts website:

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