Hazardous Materials Removal Services Addendum 1 added

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.

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."

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.

DCAMM certified in Asbestos Removal required

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

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.

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

c. Special Conditions

d. Technical Specifications, Drawings, and Addenda as enumerated in the Special Conditions

2. ENGINEER: City of , City Engineer or his designated representative.

3. STATE: The

4. OWNER, AWARDING AUTHORITY OR MUNICIPALITY: The party of the first part designated in the Contract or any board, officer or agent duly authorized to act for the said party of the first part in the matter covered by the Contract. The OWNER is the City of , acting through its Division of Planning & Development.

5. CONTRACTOR: The General Contractor, and is the CONTRACTOR, and is the CONTRACTOR named in the Contract Documents.

6. SUBCONTRACTOR: Any person, firm or corporation with a direct contract with the CONTRACTOR who acts for or in behalf of the CONTRACTOR in executing any part of the Contract, but does not include one who merely furnishes material.

7. WORK ON (AT) THE PROJECT: Work to be performed at the location of the project, including the transportation of materials and supplies to or from the location of the project by employees of the CONTRACTOR and any Subcontractor.

8. DIRECTED, REQUIRED APPROVED, ACCEPTABLE: Whenever they refer to the work or its performance, "Directed", "Required", "Permitted", "Ordered", "Designated", "Prescribed" and words of like import shall imply the direction, requirement, permission, order, designation or prescription of the ENGINEER, and "Approved", "Acceptable", "Satisfactory", "In the Judgement of" and words of like import shall mean approval by, or acceptable to, or satisfactory to or in the judgement of the ENGINEER.

9. PROPOSAL: The offer of a bidder to perform the work described by the Contract Documents when made out and submitted on the prescribed form properly signed and guaranteed.

10. PROPOSAL GUARANTEE: The bid deposit accompanying the proposal submitted by the bidder, as a guaranty that the bidder will enter into a Contract with the OWNER for the construction of the work if the Contract is awarded to him.

11. CONTRACT: The agreement covering the performance of the work described in the Contract Documents and Plans including all supplemental agreements thereto and all general and special provisions pertaining to the work or materials therefor.

12. PERFORMANCE AND PAYMENT BONDS: the approved forms of security furnished by the CONTRACTOR and his Surety as a guaranty of good faith on the part of the CONTRACTOR to execute the work in accordance with the terms of the Contract.

13. SURETY: The person, firm or corporation who executes the CONTRACTOR'S Performance and Payment Bonds.

14. SPECIFICATIONS: The Legal and Procedural Documents, General Conditions, Special Conditions and Technical Specifications with all addenda thereto.

15. DRAWINGS: Those listed herein in the Special Conditions.

16. PROVIDE: Furnish and install.

17. SHOP DRAWINGS: Fabrication and erection drawings and instructions.

18. ACT OF GOD: An earthquake, flood, cyclone, or other cataclysmic phenomenon of nature. Rain, wind, flood, or other natural phenomenon of normal intensity for the locality shall not be construed as and Act of God and no reparation shall be made to the CONTRACTOR for damages to the work resulting therefrom.

19. EXTRA WORK: Work other than that required either expressed or implied by the Contract in its present form.

20. SITE: The area upon or in which the CONTRACTOR'S operations are carried on and such other areas adjacent thereto as may be designated as such by the ENGINEER.

21. CHANGE ORDER: A written order issued by the ENGINEER to the CONTRACTOR directing certain changes, additions, or reductions in the work or in the materials or methods to be used.

2. NOTICE

Written notice shall be considered as served when delivered in person or sent by certified mail to the individual, firm or corporation or to the last business address known to him who serves the Notice. It shall be the duty of each party to advise the other parties to the Contract as to any change in his business address until completion of the Contract.

3. INTENT

1. The intent of the Contract Documents is that the CONTRACTOR shall provide and pay for all police details, materials, labor, tools, equipment, water, light, power, transportation, superintendence, temporary construction of every nature, and all other services and facilities of every nature whatsoever necessary to execute, complete, and deliver the work within the specified time.

2. Any work performed after regular working hours, on Sundays or Legal Holidays, shall be performed without additional expense to the OWNER.

4. CODES, REGULATIONS AND ISSUE DATE OF STANDARD SPECIFICATIONS.

1. Where standard specifications, codes, regulations and similar publications of governmental agencies, technical societies, manufacturer's associations and regulatory groups or bureaus are referred to in these specifications, the applicable portion thereof shall be of the same effect as if fully printed herein, and the work done in full accordance therewith. The edition current as of the date of issue of this specification shall be used except where publication date is specifically stated.

5. DRAWINGS AND SPECIFICATIONS

1. Except as provided for otherwise, all required copies of Drawings and Specifications necessary for the execution of the work shall be furnished to the CONTRACTOR without charge. One complete set of all Drawings and Specifications shall be maintained at the job site and shall be available to the ENGINEER at all times.

2. All Drawings and Specifications and other data prepared by the ENGINEER shall remain the property of the ENGINEER, and they shall not be re-used on other work.

3. Figured dimensions on the Plans will be used in preference to scaling the Drawings. Where the work of the CONTRACTOR is affected by finish dimensions, these shall be determined by the CONTRACTOR at the site, and he shall assume the responsibility therefor.

4. Any discrepancies found between the Drawings and Specifications and site conditions of any errors or omissions in the Drawings and Specifications shall be immediately reported to the ENGINEER, who shall promptly correct such error or omission in writing. Any work done by the CONTRACTOR after his discovery of such discrepancies, errors or omissions without notifying the ENGINEER shall be done at the CONTRACTOR'S risk.

6. CONFLICTING CONDITIONS

1. Anything shown on the plans and not mentioned in the Specifications, or mentioned in the Specifications and not shown on the Plans, shall have the same effect as if shown or mentioned respectively on both. On the Plans, the dimensions shown shall govern in case of any discrepancy between a scaled distance and the figures shown. Either party shall take advantage of any obvious error or omission in the contract documents. Any apparent discrepancies shall be submitted to the ENGINEER for determination. The decision of the ENGINEER thereupon shall be conclusive.

2. The fact that specific mention of a fixture, or any part of the work is omitted in the Specifications, whether intentionally or otherwise, when the same is clearly shown or indicated on the Plans, or is usually and customarily required to complete fully such work as is specified herein, will not entitle the CONTRACTOR to consider action in the manner of any claim for extra compensation, but the same fixtures or work, or both, must be installed or done the same as if called for by both the Plans and Specifications.

7. SAMPLES

All samples called for in the Specifications or required by the ENGINEER shall be furnished by the CONTRACTOR at his expense and shall be submitted to the ENGINEER for his approval. Samples shall be furnished so as not to delay fabrication, allowing the ENGINEER reasonable time for the consideration of the samples submitted. CONTRACTOR shall furnish such samples of materials, and workmanship shall be in accordance with approved samples.

8. QUALITY OF EQUIPMENT AND MATERIALS

1. Everything furnished and provided shall be new and all materials and equipment shall be of the quality specified. All unspecified materials and equipment shall be equal in grade and quality to specified materials.

2. In order to establish standards of quality, ENGINEER has, in the detailed Specifications, referred to certain products by name and catalog number. This procedure is not to be construed as eliminating from competition other products of equal or better quality by other manufacturers where fully suitable in design.

3. The CONTRACTOR shall furnish one complete list of proposed desired substitutions prior to signing of the Contract, together with such engineering catalog data and sketches the ENGINEER may require.

4. The CONTRACTOR shall abide by the ENGINEER'S judgement when proposed substitute materials or items or equipment are judged to be unacceptable and shall furnish the specified materials or item of equipment in such cases. All proposals for substitutions shall be submitted in writing by the General CONTRACTOR and not by individual trades or material suppliers. The ENGINEER will approve or disapprove proposed substitutions in writing within a reasonable time. No substitute materials shall be used unless approved in writing.

9. SHOP DRAWINGS n/a

10. EQUIPMENT AND MATERIAL APPROVAL

1. As soon as practical and within fifteen (15) days after date of award of Contract and before any materials, fixtures or equipment are purchased, the CONTRACTOR shall furnish three copies of complete catalog data for every manufactured item of equipment and all components to be used in the work, including specific performance data, material description, rating, capacity, working pressure and general type. This submittal shall be compiled by the CONTRACTOR and approved by the ENGINEER before any of the equipment is ordered. Each data sheet or catalog in the submittal shall be indexed according to specifications section and paragraph for easy reference.

2. If prior to the expiration of the above specified period or of any authorized extension thereof, the CONTRACTOR fails to submit a list of materials, fixtures and equipment as specified above, the selection made by the ENGINEER shall be final and binding and all items shall be furnished and installed by the CONTRACTOR without change in contract price or time of completion.

3. Where conformance to any standard is specified, the catalog data for that item shall state that the item conforms to that standard; or after the ENGINEER'S approval of the item subject to conformance to the standard, the CONTRACTOR shall furnish a notarized affidavit on the manufacturer's letterhead signed by an officer certifying compliance to the standard. The CONTRACTOR shall stamp all such affidavits by which it is understood that the item certified is the item provided.

4. The name and address of and organization authorized by the manufacturer to service each item of equipment shall be included with the submittal. Proof of authorization shall be furnished on request. If the ENGINEER decides that the service organization is too far distant for practical servicing, such equipment shall be rejected.

5. After written approval, this submission shall become a part of the Contract, and may not be deviated from except upon written approval of the ENGINEER.

6. Catalog data for equipment approved by the ENGINEER does not in any case supersede the ENGINEER'S Contract Documents. The approval of the ENGINEER shall not relieve the CONTRACTOR from responsibility for deviations from Drawings or Specifications unless he has in writing called to the ENGINEER'S attention such deviations at the time of submission, nor shall it relieve him from responsibility for errors of any in the items submitted. The CONTRACTOR shall check the work described by the catalog data with the ENGINEER'S Contract Documents for deviations and errors.

7. It shall be the responsibility of the Contractor to ensure that items to be furnished fit the space available. He shall make necessary field measurements to ascertain space requirements, including those for connections, and shall order such sizes and shapes of equipment that the final installation shall suit the true intent and meaning of the Drawings and Specifications.

8. Where equipment requiring different arrangement of connections from those shown is approved, it shall be the responsibility of the CONTRACTOR to install the equipment to operate properly and in harmony with the intent of the Drawings and Specifications, and to make all changes in the work required by the different arrangement of connections.

9. Manufactured articles, material and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer unless herein specified to the contrary.

10. After the execution of the Contract, substitution of equipment of makes other than those named in the Contract will be considered only if the equipment proposed for substitution is equal in construction and/or efficiency to that named in the Contract. It will be assumed that the cost to the CONTRACTOR of the equipment proposed to be substituted is less than the equipment named in the Contract and if the substitution is approved, the Contract Price shall be reduced a corresponding amount.

To receive consideration, requests for substitution must be accompanied by documentary proof of the actual difference in cost to the CONTRACTOR in the form of certified copies of equipment company's quotation to the CONTRACTOR covering the original equipment and also equipment proposed for substitution or other proof satisfactory to the OWNER. It is the intention that the OWNER shall receive the full benefit of the savings in cost involved in any substitution. In all cases the burden of proof that the equipment offered for substitution is equal or superior in construction and/or efficiency to that named in the Contract shall rest on the CONTRACTOR, and unless the proof is satisfactory to the OWNER, the substitution will not be approved. Requests for substitution on the grounds that better delivery can be obtained on the equipment proposed for substitution will not be approved for it will be assured that the CONTRACTOR in his proposal has named equipment on which he has received proposals from equipment manufacturers giving a delivery time which will permit completion of the project within the contract time. Requests for substitution of equipment which the CONTRACTOR can not prove to the satisfaction of the OWNER to be equal or superior in construction and/or efficiency to that so named in the Contract will not be approved.

In the event that the CONTRACTOR obtains the ENGINEER'S approval on equipment other than that which is shown on the Plans and specified herein, the CONTRACTOR shall, at his own expense, make any changes in the structures, buildings or piping necessary to accommodate the equipment.

11. REJECTED WORK AND MATERIALS

1. All materials which do not conform to the requirements of the Contract Documents, are not equal to samples approved by the ENGINEER, or are in any way unsatisfactory or unsuitable for the purpose for which they are intended, shall be rejected. Any defective work, whether the result of poor workmanship, use of defective materials, damage through carelessness or any other cause, shall be removed within ten (10) days after written notice is given by the ENGINEER, and the work shall be re-executed by the CONTRACTOR. The fact that such defective work may not have been reported on previous inspections shall not constitute an acceptance of any part of it.

2. Should the CONTRACTOR fail to remove rejected work or materials within ten (10) days after written notice to do so, the OWNER may remove the rejected work and then may store the materials.

3. The removal of rejected work or materials and storage of materials by the OWNER shall be paid for by the CONTRACTOR within thirty (30) days after the written notice to pay is given by the OWNER. If the CONTRACTOR does not pay the expense of such removal and after ten (10) days written notice being given by the OWNER of his intent to sell the materials, the OWNER may sell the materials at auction or at a private sale and shall pay to the CONTRACTOR the net proceeds therefrom after deducting all the costs and expenses that should have been borne by the CONTRACTOR.

12. SEPARATE CONTRACTS

The OWNER may let other contracts in connection with the work of the CONTRACTOR. The Contractor shall cooperate with other CONTRACTORS with regard to storage of materials and execution of their work. It shall be the CONTRACTOR'S responsibility to inspect all work by other CONTRACTORS affecting his work and to report to the ENGINEER any irregularities which will not permit him to complete his work in a satisfactory manner. His failure to notify the ENGINEER of such irregularities shall indicate the work of other CONTRACTORS has been satisfactorily completed to receive his work. The CONTRACTOR shall not be responsible for defects of which he could not have known which develop in the work of others after the work is completed. It shall be the responsibility of the CONTRACTOR to measure the completed work in place and report to the ENGINEER immediately any difference between completed work by others and the Drawings.

13. RIGHTS OF VARIOUS INTERESTS

Whenever work being done by the OWNER'S forces or by other contractors is contiguous to work covered by this Contract, the respective rights of the various interests involved shall be established by the ENGINEER, to secure the completion of the various portions of the work in general harmony.

14. NOTICE TO PROCEED

Following the execution of the Contract by the OWNER, Written Notice to Proceed with the work shall be given to the CONTRACTOR. Computation of Contract Time shall commence on a date to be specified in the Notice to Proceed and every calendar day following, except as herein provided, shall be counted in the time for completion.

15. TIME FOR COMPLETION AND LIQUIDATED DAMAGES

1. It is hereby understood and mutually agreed by and between the CONTRACTOR and the OWNER, that the date of beginning and the time for completion as specified in the Information to Bidders of the Work to be done hereunder are ESSENTIAL CONDITIONS of this Contract; and it is further mutually understood and agreed that the work embraced in this Contract shall commence on a date to be specified in the "NOTICE TO PROCEED".

2. The CONTRACTOR agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will ensure full completion thereof within the time specified. It is expressly understood and agreed, by and between the CONTRACTOR and the OWNER, that the time for the completion of the work described herein is a reasonable time for the completion of the same, taking into consideration the average climatic range and usual industrial conditions prevailing in this locality.

3. If the said CONTRACTOR shall neglect, fail or refuse to complete the work within the time herein specified, or any proper extensions thereof granted by the OWNER, then the CONTRACTOR does hereby agree, as a part consideration for the awarding of this Contract, to pay to the OWNER the amount specified in the information for Bidders, not as a penalty but as liquidated damages for such breach of contract as hereinafter set forth, for each and every calendar day that the CONTRACTOR shall be in default after the time stipulated in the Contract for completing the work.

4. The said amount is fixed and agreed upon by and between the CONTRACTOR and the OWNER because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the OWNER would in such event sustain, and said amount is agreed to be the amount of damages which the OWNER would sustain and said amount shall be retained from time to time by the OWNER from current periodic estimates.

5. It is further agreed that time is of the essence of each and every portion of this Contract and of the specifications wherein a definite and certain length of time is fixed for the performance of any act whatsoever; and where under the Contract and additional time is allowed for the completion of any work, the new time limit fixed by such extension shall be of the essence of this Contract. Provided, that the CONTRACTOR shall not be charged with liquidated damages or any excess cost when the OWNER determines that the CONTRACTOR is without fault and the CONTRACTOR'S reasons for the time extension are acceptable to the OWNER: provided, further, that the CONTRACTOR shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due;

(a) To any preference, priority or allocation order duly issued by the Government;

(b) To unforeseeable cause beyond the control and without the fault or negligence of the CONTRACTOR, including, but not restricted to Acts of God, or of the public enemy, acts of the OWNER, acts of another CONTRACTOR in the performance of a contract with the OWNER, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and severe weather.

6. The CONTRACTOR shall begin within ten (10) days from the beginning of any such delay, unless the OWNER shall grant a further period of time prior to the date of final settlement of the Contract, notify the OWNER, in writing, of the causes of the delay, who shall ascertain the facts and extent of the delay and notify the CONTRACTOR within a reasonable time of its decision in the matter.

16. THE CONTRACTOR'S DUTIES AND RIGHTS

1. The CONTRACTOR shall begin and shall prosecute the work regularly and uninterruptedly after Notice to Proceed has been given (unless otherwise directed in writing by the OWNER) with such force as to secure the completion of the work, in and acceptable manner, within the time stated in the Proposal.

2. The CONTRACTOR shall submit at such times as may reasonably be requested by the ENGINEER, schedules which shall show the order in which the CONTRACTOR proposes to carry on the work, with dates at which the CONTRACTOR will start the several parts of the work, and estimated dates of completion of the several parts.

3. On Lump Sum Contracts the CONTRACTOR shall within ten (10) days of receipt of Notice to Proceed, submit a complete breakdown of the Contract Amount showing the value assigned to each part of the work, including an allowance for profit and overhead. Upon approval of the breakdown of the Contract Amount by the Engineer, it shall be used as the basis for all Requests for Payments.

4. The CONTRACTOR shall utilize the services of specialty subcontractors on those parts of the work which under normal contracting practices are performed by specialty subcontractors; provided that if the ENGINEER shall determine that the specialty work in question has been customarily performed by the CONTRACTOR'S own organization and that such organization is presently competent to perform such work, the CONTRACTOR shall be permitted to do so; provided further that, if the ENGINEER shall determine that the performance of any specialty work by specialty subcontractors will result in materially increased costs or inordinate delays, the requirements of this paragraph shall not apply. At the time specified by the Contract Documents or when requested by the ENGINEER, the CONTRACTOR shall submit in writing to the OWNER for the ENGINEER, the names of the subcontractors proposed for the work. Subcontractors may not be changed except at the request of the CONTRACTOR with the approval of the ENGINEER. The CONTRACTOR is responsible to the OWNER for the acts and omissions of his subcontractors, and of their direct and indirect employees to the same extent as he is responsible for the acts and omissions of his employees. The Contract Documents shall not be construed as creating any contractual relation between any subcontractor and the OWNER. The CONTRACTOR shall bind every subcontractor by the terms of the Contract Documents. For convenience of reference the Specifications are separated into titled sections. Such separations shall not, however, operate to make the ENGINEER an arbiter to establish limits to the contracts between CONTRACTOR and Subcontractors.

The CONTRACTOR shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind subcontractors to the CONTRACTOR by the terms of the Contract Documents insofar as applicable to the work of subcontractors and to give the CONTRACTOR the same power as regards terminating any subcontract that the OWNER may exercise over the CONTRACTOR under any provision of the Contract Documents.

5. The CONTRACTOR shall develop and make all detail surveys necessary for construction, including slope stakes, batter boards, stakes for pile locations and other working points, lines and elevations. The ENGINEER will establish reference base lines and bench marks for the use of the CONTRACTOR in laying out the work. The CONTRACTOR shall be responsible for the accuracy of all lines and levels and of the work as built in accordance therewith. The CONTRACTOR shall have the responsibility to carefully preserve bench marks, reference points and stakes established by the ENGINEER and in the case of destruction thereof by the CONTRACTOR or resulting from his negligence, resulting therefrom and shall be responsible for any mistakes that may be caused by the unnecessary loss or disturbance of such bench marks, reference points and stakes.

6. The CONTRACTOR, if required, shall employ at his own expense a competent surveyor or engineer registered in the STATE as a Professional Engineer or Land Surveyor, and necessary assistants who shall stake out all structures and other parts of the work, using as reference the base lines and bench marks established by the ENGINEER. The CONTRACTOR shall be responsible for the accuracy of all levels of the work as built in accordance therewith.

7. The CONTRACTOR shall secure and pay for all permits and licenses necessary for the prosecution of the work.

8. The CONTRACTOR shall give all notices and comply with all Federal, State and Local laws, or ordinances and regulations in any manner affecting the conduct of the work, and all such orders and decrees as exist, or may be enacted by bodies or tribunals having any jurisdiction or authority over the work, and shall indemnify and save harmless the OWNER against any claim or liability arising from or based on, the violation of any such law, ordinance, regulation, order or decree, whether by himself or his employee.

9. The CONTRACTOR shall pay all royalties and license fees for any design, device, material or process covered by letters, patent or copyright by legal agreement with the owner of the patent or a duly authorized licensee of such owner, and shall save harmless the OWNER from any and all loss or expense on account thereof, including its use by the OWNER.

10. The CONTRACTOR shall confine his apparatus and storage of materials and operation of his workmen to those areas described in the Drawings and Specifications and such additional areas which he may provide as approved by the ENGINEER.

11. The CONTRACTOR shall not enter upon private property for any purpose without obtaining permission, and he shall be responsible for the preservation of all public property, trees, monuments, etc., along and adjacent to the street and/or right -of-way, and shall use every precaution necessary to prevent damage or injury thereto. He shall use suitable precautions to prevent damage to pipes, conduits, and other underground structures, and shall protect carefully from disturbance or damage all monuments and property marks until an authorized agent has witnessed or otherwise referenced their location and shall not remove them until directed.

12. The CONTRACTOR shall provide adequate signs, barricades, red lights and watchman and take all necessary precautions for the protection of the work and the safety of the public. All barricades and obstructions shall be protected at night by red signal lights which shall be of substantial construction and shall be painted white or whitewashed to increase their visibility at night. Suitable warning signs shall be so placed and illuminated at night as to show in advance where construction, barricades, or detours exist.

13. The CONTRACTOR shall conduct his work at all times to ensure the least possible obstruction to traffic and inconvenience to the general public and the residents in the vicinity of the work, and to ensure the protection of persons and property in a manner satisfactory to the ENGINEER. No road or street shall be closed to the public except with the permission of the ENGINEER and proper governmental authority. Fire hydrants on or adjacent to the work shall be kept accessible to fire fighting equipment at all times. Temporary provisions shall be made by the CONTRACTOR to ensure the use of sidewalks and the proper functioning of all gutters, sewer inlets, drainage ditches, and irrigation ditches, which shall not be obstructed except as approved by the ENGINEER.

14. The CONTRACTOR shall secure written permission from the proper authority before executing new construction when such new construction crosses highways, railroad, streets or utilities under jurisdiction of State, County, or other public agency, public utility or private entity. A copy of this written permission must be filed with the ENGINEER or OWNER before any work is done.

The CONTRACTOR will be required to furnish a release from the proper authority before final acceptance of the work.

15. The CONTRACTOR shall provide and maintain such sanitary accommodations for the use of his employees and those of his subcontractors as may be necessary to comply with the requirements and regulations of the Local and State Departments of Health and as directed by the ENGINEER.

16. The CONTRACTOR shall maintain on the work a qualified superintendent who is acceptable to the ENGINEER, and who shall give efficient supervision to the work until its completion. The Superintendent shall have full authority to act in behalf of the CONTRACTOR, and all directions given to the Superintendent shall be considered given to the CONTRACTOR. In general, the ENGINEER'S instructions shall be confirmed in writing and always upon written request from the CONTRACTOR.

17. The CONTRACTOR shall be responsible for the conduct and discipline of his employees and/or any subcontractor or persons employed by subcontractors. All workmen must have sufficient knowledge, skill, and experience to perform properly the work assigned to them. Any foreman or workman employed by the CONTRACTOR or subcontractor who, in the opinion of the ENGINEER, does not perform his work, in a skillful manner or appears to be incompetent or to act in a disorderly or intemperate manner shall, at the written request of the ENGINEER, be discharged immediately and shall not be employed again in any portion of the work without approval of the ENGINEER.