Hazardous Materials Removal Services

CITY OF

INFORMATION TO BIDDERS

BID PROPOSAL, CONTRACT

GENERAL CONDITIONS, SPECIAL CONDITIONS

AND TECHNICAL SPECIFICATIONS

FOR

HAZARDOUS MATERIALS REMOVAL SERVICES

CITY MANAGER – Thomas A. Golden, Jr.

March 4, 2026

INDEX

PAGE OR FORM NO.

NOTICE TO CONTRACTORS

NC - 1

INFORMATION FOR BIDDERS

I - 1

BID PROPOSAL - GENERAL BID

BP -1

BP - 2 Basis of Award

CONTRACT

C-1

PERFORMANCE BOND

PRB - 1

PAYMENT BOND

PAB - 1

CERTIFICATE OF GRANTEE/BORROWER’S ATTORNEY

COA - 1

GENERAL CONDITIONS

GC - 1

SPECIAL CONDITIONS

SC - 1

TECHNICAL SPECIFICATIONS

TS - 1

APPENDIX

CITY OF LOWELL

Hazardous Materials Removal Project

DUE DATE

Sealed bids will be publicly opened on: March 24, 2026 at City Hall in the Purchasing Department, Room 60, 375 Merrimack Street, Lowell, MA 01852, at 11:00 AM, 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.

PREBID/SITE INSPECTION

A prebid/site inspection is scheduled for: March 12, 2026 at 10:00 AM, EST/EDST, for the work described herein, at 68 Dracut Street, Lowell, MA 01854. No additional site inspections will be scheduled

BID AND PAYMENT BONDS

A certified check made payable to the “City of ” in the amount of 5% must accompany this bid. Bid bonds are acceptable.

A payment bond in the amount of 50% of the total dollar award is required prior to contract execution.

A performance bond in the amount of 0% of the total dollar award is required prior to contract execution.

PREVAILING WAGE

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 and Industries, and also the Federal Davis Bacon Rates. The Contractor must use the higher of the two rates for each trade to be used on the project.

The City of , 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 .

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

P. Michael Vaughn - Chief Procurement Officer

INFORMATION FOR BIDDERS

SUBSECTION

1. Receipt and Opening of Bids

2. Preparation of Bid

3. Pre-Bid Conference

4. Surveys

5. Qualifications of Bidder

6. Bid Security

7. Damages for Failure to Enter into Contract

8. Time of Completion and Liquidated Damages

9. Conditions of Work

10. Addenda and Interpretations

11. Security for Faithful Performance

12. Power of Attorney

13. Notice of Special Conditions

14. Laws and Regulations

15. Method of Award - Lowest Qualified Bidder

16. Obligation of Bidder

17. List of Utilities in the Area

18. Soil Conditions

19. Nondiscrimination in Employment

20. Blank

21. Sales Tax

22. Borings

23. Compliance with Air and Water Acts

24. Interest of Members, Officers, as 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 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 publicly opened on: March 24, 2026 at City Hall in the Purchasing Department, Room 60, 375 Merrimack Street, Lowell, MA 01852, at 11:00 AM, 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 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 demolition and asbestos removal shall be submitted on the prescribed bid forms.

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 demolition and asbestos removal 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. QUALIFICATIONS OF BIDDER

The OWNER may make such investigations as he deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the OWNER all such information and data for this purpose as the OWNER may request. The OWNER reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the OWNER that such bidder is properly qualified to carry out the obligations of the Contract and to complete the work contemplated therein. Conditional bids will not be accepted.

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 pre-qualified and certified by the Massachusetts Highway Department to perform this work in accordance with the “Regulations Governing Classification and Rating of Prospective Bidders.”

B. 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.

C. DCAMM certified in Asbestos Removal required

D. 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 three references.

4. 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 attached hereto, duly executed by the bidder as principal and having as surety thereon a surety company, 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.

Sub-bids 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 60 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 sixty day time limit shall not be applicable to the next lowest eligible bidder, with his and his sub-bidder’s consent, if the original award made within the time limit is invalidated.

All bid deposits of sub-bidders, except (a) of the sub-bidders named in the general bids of the three lowest responsible and eligible general bidders, and (b) those of the three lowest responsible and eligible sub-bidders for each sub-trade, will be returned within five days (Saturdays, Sundays, and legal holidays excluded), after the execution of the general contract; except that, if a selected sub-bidder 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 sub-bid, the bid deposit which becomes the property of the City of Lowell shall not, in any event, exceed the difference between his sub-bid price and the sub-bid price of the next lowest responsible and eligible sub-bidder; and provided further that, in case of death, disability or other unforeseen circumstances affection any such sub-bidder, his bid deposit may be returned to him.

5. DAMAGES FOR FAILURE TO ENTER INTO CONTRACT

The successful bidder, upon his 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.

6. TIME OF COMPLETION AND LIQUIDATED DAMAGES

The Contractor shall commence work within five (5) days of the date specified in a written Notice to Proceed of the OWNER and to fully complete the Contract within 60 consecutive calendar days thereafter as stipulated in the specifications. Bidder must agree also to pay as liquidated damages, the sum of $500.00 for each consecutive calendar day thereafter as hereinafter provided in the Special Conditions.

7. CONDITIONS OF WORK

Each bidder must inform himself 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 obligation to furnish all material and labor necessary to carry out the provisions of his contract insofar as possible the contractor, in carrying out his work, must employ such methods or means as will not cause any interruption of or interference with the work of any other contractor.

8. ADDENDA AND INTERPRETATIONS

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

Every request for such interpretation should be in writing addressed to City Engineer, City Hall, and to be given consideration must be received at least five days prior to the date fixed for the opening of bids. 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 mailed by certified mail with return receipt requested to all prospective bidders (at the respective 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 bid as submitted. All addenda so issued shall become part of the contract documents.

9. 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, licensed to do business in the , and satisfactory to the OWNER.

10. 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.

11. NOTICE OF SPECIAL CONDITIONS

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

12. 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.

13. METHOD OF AWARD - LOWEST QUALIFIED BIDDER

If at the time this contract is to be awarded, the lowest base bid submitted by a responsible bidder does not exceed the amount of funds then estimated by the OWNER as available to finance the Project, the Contract will be awarded on the base bid and any or all accepted alternatives. If such bid exceeds such amount, the OWNER may reject all bids.

14. 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 bid.

15. LIST OF UTILITIES IN THE AREA:

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

Water Utility 978-970-4242

Regional Wastewater Utility 978-970-4249

Lowell Engineering Department 978-970-3330

National Grid - Gas 800-548-8000

National Grid - Electric 978-459-2600

Verizon Telephone Company 978-275-1292

Comcast Communications 978-685-0258

Fire Alarm 978-970-3333

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.

16. NONDISCRIMINATION 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.

17. 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.

18. BORINGS

No soil borings have been performed in conjunction with this project.

19. 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 et. 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, the major provisions of same being located in the special conditions of these specifications.

20. 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.

BASIS OF AWARD

IFB 26-52

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 materials which shall in all respects meet the attached specifications, as required during the terms mentioned above for the following prices. Award to be made to responsive and responsible lowest bidder.

Lump Sum $____________________________________
In Words $____________________________________

Signature of Bidder ________________________________________

Print Name and Title __________________________________________________

Company Name and Address __________________________________________

______________________________________________________________________

Telephone Number ______________________________________________________

Email ______________________________________________________

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.

Project and Engineer Community Date Amount

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 ______________________________)

ss

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; for the demolition and asbestos removal project.

(5) The price or prices 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)

CONTRACT

THIS AGREEMENT, made this the _____________day of _______________________,

20___, by and between the City of Lowell, Massachusetts acting herein through its

Division of Planning & Development, hereinafter called “OWNER” and

*(1)____________________________________________________________________

an individual doing business as, a partnership, a corporation of the __________________

________________________________________________________________________

hereinafter called “Contractor”.

WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER, the CONTRACTOR hereby agrees with the OWNER to commence and complete the construction of Contract described as follows: demolition and asbestos removal hereinafter called the Project for the sum of

_____________________________________________________________________

_____________________________________________Dollars ($)__________________

and all extra work in connection therewith, under the terms as stated in the General and Special Conditions of the Contract; and at his/her (its or their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said Project in accordance with the conditions and prices stated in the Proposal, the General and Special Conditions of the Contract, the Plans, which include all maps, plates, blue prints, and other drawings and printed or written explanatory matter thereof, the Specifications and contract documents therefore as prepared by City of Lowell, City Engineer herein entitled “Engineer”, and as herein enumerated all of which are made a part hereof and collectively evidence and constitute the contract.

The Contractor 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 and to fully complete the project within 60 consecutive calendar days thereafter.

The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the Contract, subject to additions and deductions, as provided in the General Conditions of the Contract, and to make payments on account thereof as provided in Paragraph 25, “Progress Payments”, of the General Conditions.

IN WITNESS WHEREOF, the parties to these presents have executed this Contract in five (5) counterparts, each of which shall be deemed an original, in the year and day first above mentioned.

ATTEST:

___________________________

Secretary

___________________________ BY___________________________________

Witness City Manager, Thomas A. Golden, Jr.

___________________________ ____________________________________

Secretary Contractor

___________________________ BY___________________________________

Witness

____________________________________

Address

____________________________________

____________________________________

APPROVED AS TO FORM

___________________________ BY___________________________________

City Solicitor Chief Procurement Officer

APPROVED AS TO AVAILABILITY OF FUNDS

___________________________

City Auditor

(1) Strike out inapplicable terms. Secretary of the OWNER should attest. If Contractor is corporation, Secretary should attest. Give proper title of each person executing Contract.

◊

PERFORMANCE BOND

Hazardous Materials Removal Project

KNOW ALL MEN BY THESE PRESENTS: That we ___________________________

Name of Contractor

___________________________________a____________________________________

(Corporation, Partnership or Individual)

hereinafter called “Principal” and ____________________________________________

(Surety)

of _____________________________________, State of ________________________

hereinafter called the “Surety”, are held and firmly bound unto the Division of Planning & Development of the City of Lowell, Massachusetts, hereinafter called “Owner”, in the penal sum

(City) (State)

of _____________________________________________________________________

Dollars ($____________________) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the Owner, dated the ________day of _______________, 200__, a copy of which is hereto attached and made a part hereof for the construction of:

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, and make at its own cost and expense any and all defects and deficiencies in materials or workmanship which may appear in the work provided for in said contract within the period of one year from the date of approval and acceptance of all work under said contract, then this obligation shall be void; otherwise to remain in full force and effect.

PROVIDED, FURTHER that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications.

AND PROVIDED, however, that the Surety and Sureties, for value received, hereby stipulate and agree to fully perform and complete the work mentioned and described in said contract and specifications, or cause said work to be performed and completed pursuant to the terms, conditions, and covenants thereof, it for any cause, said Principal fails or neglects to fully perform and complete said work; and the Surety or Sureties further agree to commence said work of completion or cause said work of completion to commence within twenty (20) days of notice thereof from the Owner and to complete same or cause same to be completed within (20) days of the time allowed, said Principal, in said contract and specifications for the completion of said work.

AND PROVIDED, THAT THE SAID Surety and Sureties, for value received hereby further stipulate that should the Principal for any reason terminate the Contract and have the Contract terminated, the Owner shall have the right to complete the Contract under the direction of its own Engineer with all rules, regulations, clauses, etc., of the original Contract and specification in full effect.

AND FURTHER PROVIDED, that no suit, action or proceeding by reason of any default whatever shall be brought on this bond after twenty-four (24) months from the date on which the final payment under the contract falls due.

PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any claimant thereunder, whose claim may be unsatisfied.

IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one of which shall be deemed an original, this the ____________day of ________________

20____.

ATTEST:

___________________________ _____________________________

(Principal Secretary) (Principal)

(SEAL) By__________________________(S)

___________________________ ______________________________

(Witness as to Principal) (Address-zip Code)

______________________________

(Address-zip Code)

ATTEST:

___________________________

(Surety) Secretary

(SEAL) ______________________________

(Surety)

By_____________________________

(Attorney-in-Fact)

___________________________

(Witness as to Surety) ______________________________

(Address-zip Code)

______________________________

(Address-zip Code)

NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond.

PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS: That we___________________________

(Name of Contractor)

____________________ a __________________________________________________

(Corporation, Partnership or Individual)

hereinafter called “Principal” and ____________________________________________

(Surety)

of __________________________, State of ___________________________________

hereinafter called the “Surety”, are held and firmly bound unto the Division of Planning & Development of the City of Lowell, Massachusetts, hereinafter called “Owner”, in the penal

(City) (State)

sum of ________________________________________________

_____________________________Dollars ($_________________________________)

in lawful money of the , for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the Owner, dated the __________day of ________________,

20____, a copy of which is hereto attached and made a part hereof for the construction of:

Hazardous Materials Removal Project

NOW, THEREFORE, if the Principal promptly make payment to all persons, firms, sub-contractors, and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke repairs on machinery, equipment and tools, consumed or used in connection with the construction of such work, and all telephone, electric, water or other utility service, or rental of equipment directly applicable to the contract, and all insurance premiums on said work, and for all labor, performed in such work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect.

PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications.

PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any claimant hereunder, whose claim may be unsatisfied.

PROVIDED, FURTHER, that the above name Principal, and Surety hereby jointly and severally agree with the Owner that every claimant who has not been paid in full may sue in this bond for the use of such claimant in the name of the Owner, prosecute the suit to final judgement for such sum or sums as may be justly due claimant, and have execution thereon, provided, however, that the Owner shall not be liable for payment of any costs or expenses of any such suit.

PROVIDED, FURTHER, that no suit, action shall be commenced hereunder by any claimant as follows:

A. After the expiration of two (2) years following the date on which Principal ceased work on said CONTRACT.

B. Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated and not elsewhere.

PROVIDED, FURTHER, that the amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics’ liens which may be filed or recorded against such improvement, whether or not claim for the amount of such lien be presented under and against this bond.

IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one of which shall be deemed an original, this the _________day of ___________

20______.

ATTEST:

___________________________ _____________________________

(Principal Secretary) (Principal)

(SEAL) By__________________________(S)

___________________________ ______________________________

(Witness as to Principal) (Address-zip Code)

______________________________

(Address-zip Code)

ATTEST:

___________________________

(Surety) Secretary

(SEAL) ______________________________

(Surety)

By_____________________________

(Attorney-in-Fact)

___________________________

(Witness as to Surety) ______________________________

(Address-zip Code)

______________________________

(Address-zip Code)

NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond.

CONTRACT

CERTIFICATE OF OWNER’S ATTORNEY

I, the undersigned

the duly authorized and acting legal representative, of the City of Lowell, Massachusetts,

do hereby certify as follows:

I have examined the foregoing Contract and surety bonds and the manner of execution thereof, and I am of the opinion that each of the aforesaid agreements has been duly executed by the proper parties thereto acting through their duly authorized representatives; that said representatives have full power and authority to execute said agreements on behalf of the respective parties named thereon; and that the foregoing agreements constitute valid and legally binding obligations and provisions thereof.

____________________________________

Date:__________________________

GENERAL CONDITIONS

SUBSECTION

1. Definitions

2. Notice

3. Intent

4. Codes, Regulations and Issue Date of Standard Specifications

5. Drawings and Specifications

6. Conflicting Conditions

7. Samples

8. Quality of Equipment and Materials

9. Shop Drawings

10. Equipment and Material Approval

11. Rejected Work and Materials

12. Separate Contracts

13. Rights of Various Interests

14. Notice to proceed

15. Time for Completion and Liquidated Damages

16. The Contractor’s Duties and Rights

17. The Engineer’s Authority

18. The Owner’s Duties and Rights

19. Assignment

20. Oral Agreements

21. Insurance

22. Contract Security

23. Extra Work

24. Extension of Contract Time

25. Progress Payments

26. Acceptance and Final Payment

27. Correction of Faulty Work After Final Payment

28. Substitutions and Deletions

29. Provisions Required by Law Deemed Inserted

30. Protection of Lives and Health

31. Obstructions Encountered

32. Standard Specifications

GENERAL CONDITIONS

1. DEFINITIONS

1. CONTRACT AND CONTRACT DOCUMENTS

The Contract comprises the following documents, including all additions, deletions and modifications incorporated therein before the execution of the Contract:

a. Legal and Procedural Documents

1) Advertisement for Bids

2) Information for Bidders

3) Bid Proposal

4) Certifications of Bidders

5) Contract Agreement

6) Performance Bond

7) Payment Bond

8) Certificate of OWNER’S Attorney

9) Form for Sub-bid (when required)

b. General Conditions

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