City of Lowell
375 Merrimack Street, Room 60
Lowell, Massachusetts 01852
Lease of Martin-Alumni Parking Lot
August 12, 2020
P. Michael Vaughn
The City of Lowell is offering to lease a portion of 758 Rogers Street, Lowell, MA
01852, more commonly known as the Parking Lot at Martin-Alumni Athletic
Complex for vehicle storage (not to exceed 100 spaces) for a period of three (3)
years commencing November 21, 2020 through March 17, 2023. To assist the City
in this effort, the City is issuing this Request for Proposals (RFP) to solicit
responses from qualified Bidders who can meet the project requirements stated
Sealed proposals are due and will be publicly opened on: Tuesday September
15, 2020 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.
If the City fails to appropriate operating funds, or if funds are not otherwise made
available for the continued performance for any fiscal period of this Contract
succeeding the first fiscal period, this Contract shall be cancelled automatically as
of the beginning of the fiscal year for which funds were not appropriated. The City’s
fiscal year begins July 1st.
CONDITIONS, REQUIREMENTS AND COVENANTS
Article 1. Acceptance or Rejection of Bids
The Purchasing Agent reserves the right to reject any or all bids and to accept any bid, in
whole or in part which it considers to serve the best interest of the City of Lowell.
Any bid which is not according to prescribed form, not properly signed, or otherwise
contrary to instructions may be rejected by the Purchasing Department.
All bids received by the Purchasing Department will be stamped in when received and said stamp
shall indicate the time and date of receipt. All bids received will be publicly opened and read in the
Purchasing Department at date and time shown above.
NO BID WILL BE ACCEPTED AFTER TIME AND DATE SPECIFIED.
Article 2. Identification of Sealed Envelopes
Bids shall be placed in sealed envelopes that are marked on the outside with the name and
address of the bidder, the title of the project and the scheduled date for the opening of bids. No
responsibility will be attached to the City of Lowell or the Purchasing Department for the premature
opening of any bid that is not properly identified.
Article 3. Certified Check and/or Performance/Payment Bond
A certified check made payable to the “City of Lowell” in the amount of 0% must accompany
this bid. Bid bonds are acceptable.
A performance bond in the amount of 0% of the total dollar award is required prior to contract
A payment bond in the amount of 0% of the total dollar award is required prior to contract
Article 4. Mailing of Bids
Bids which are mailed should be addressed to the Purchasing Department at 375 Merrimack
St., Lowell, MA. 01852.
Article 5. Bid Forms
It is advisable that bids be submitted on appropriate Bid Forms prepared by the Purchasing
Department in order to avoid errors, misconception or ambiguities in reference to the Project
Article 6. Possible Discrepancies in Specifications
Any inadvertent errors, omissions or discrepancies in the applicable specifications should be
brought to the attention of the Purchasing Agent who shall then send written instructions to all
bidders in order to effect the correction and clarification of the Project Documents. Failure of any
bidder to receive any such addendum shall NOT relieve the bidder from any obligation under his
bid as submitted.
Article 7. Waiver of Informalities, Deviations, Mistakes, and Matters of Form
The City reserves the right to waive any informalities, deviations, mistakes, and matters of
form rather than substance of the bid documents, which can be waived or corrected without
prejudice to the Bidder. No officer or agent of the City is authorized to waive this reservation.
Article 8. General Bidding Instructions
Within any context of specifications wherein the item required is defined by using a particular
trade name, or by the designation of a specific manufacturer, or by reference to a Dealer’s
catalogue, the phrase “or approved equal” is not intended to exclude the consideration of other
products. Any consideration of an “approved equal”, however, will be predicted on the basis that
such an item is of equal value in terms of physical attributes, durability, and functional use. The
final decision concerning the acceptability of any equipment item shall rest with the Purchasing
(a) Any clarification of specifications requested by bidders must be in writing addressed to the
Purchasing Agent and received no later than ten (10) working days prior to the bid opening in
order to be acknowledged.
(b) Bidders must state the name of the manufacturer and the material model of each item for
which they submit a bid.
(c) All prices to be firm.
(d) Bid offerings must be based on INSIDE DELIVERY F.O.B. DESTINATION unless otherwise
indicated by the city.
(e) All bidders must clearly state their terms of sale and maximum delivery time after receipt of
(f) All bidders must clearly state the terms and conditions of the manufacturer’s and/or dealer’s
warrantee and guarantee.
(g) Any deviations from specifications must be clearly listed on bid sheet.
(h) Quantities are for bidding purposes only; the exact quantities to be determined by purchase
(i) Bidders must submit brochures with their bid.
(j) All bids must be totaled and where indicated, please list unit cost and the total price of each
item. Awards will be made to the lowest responsible bidder who submits a responsive bid
which is most advantageous to the City.
(k) Proposals shall be type-written or written in ink. Erasures on bids will not be considered.
(l) Conditional bids will not be accepted by the Purchasing Agent.
Article 9. Requirements of City Departments
The actual requirements of the City Departments shall govern the actual amount delivered
under a contract to be drawn and entered into between bidder and the City of Lowell, Purchasing
Agent and approved by the City Auditor as to the availability of appropriation to pay for the
materials and supplies to be furnished under the Contract aforesaid, shall be made a part of said
Article 10. Discount
In determining the amount of any bid, a discount is in the amount of 1% or more City pay day.
Article 11. Taxes
The City of Lowell is exempt from payments of Federal Excise Taxes and Mass. Sales Tax,
and the attention of all bidders is invited to this fact. The City will furnish to successful bidders
properly executed tax exemption certificates upon request. Such taxes should not be included in
Article 12. Contractor’s Responsibility for Specifications
Any measurements, calculations or estimates included herein are believed to be correct, but
each bidder should conduct a thorough examination of the project himself, since no allowance will
be made because of any inaccuracy that inadvertently appears within the context of the Bid
Documents. The failure of any bidder to acquaint himself with conditions as they actually exist
shall not relieve him from any obligations and responsibilities inherent within Bid Documents.
Article 13. Unloading, Assembling and Installing of Equipment
The Contractor is responsible for the unloading of any trucking units or vans involved in the
delivery of project items, and for overseeing the assembly, placement and installation of all such
equipment in areas specified by the Purchasing Agent.
Article 14. Cleaning Up
Following the delivery or installation of any equipment items, the Contractor shall remove from
the site all rubbish, waste and surplus materials and the premises shall be left in neat, orderly and
Article 15. Contractor’s Liability Insurance
(a) Workmen’s Compensation Insurance: The Contractor shall take out and maintain
during the life of this Contract adequate Workmen’s Compensation Insurance for all
his employees assigned to the project in the manner and to the extent provided for in
Chapter 152 of the General Laws and the amendments thereto.
In the event that any employees of the Contractor are engaged in hazardous work at the
site of the project and are not protected under Workmen’s Compensation Insurance, the
Contractor shall be responsible for providing sufficient insurance to cover such
(b) Public Liability Insurance: The Contractor shall take out and maintain during the life of
this Contract (1) Bodily Injury Insurance which includes coverage for accidental death
and (2) Property Damage Insurance.
The Contractor further agrees to indemnify and save the Owner harmless from any
responsibility arising under the context of the aforesaid paragraphs.
(c) Approval of Certificate and Evidence of Compliances: A true copy of a properly
endorsed Insurance Certificate, issued by a company or companies duly licensed and
authorized by the Commonwealth of Massachusetts to write the various types of
insurance as specified above, shall be submitted to the Purchasing Agent as evidence
of compliance with the requirements of the preceding paragraphs prior to the
commencement of any work herein specified.
Article 16. Breach of Contract
If at any time the Contractor is unable to furnish material or services as ordered by the City,
the City may order such material or services from such places as are available, and the Contractor
shall pay to the City all expense incurred above the contract price.
Article 17. Signatures on the Bid Forms
If a bid is submitted by an individual, the full name and post address of this person shall be
If a bid is submitted by a firm, partnership or corporation, it shall be signed by the person having
the legal authority to execute such a document in behalf of the bidder, the individual signing the
bid form shall then indicate his title or position in addition to the Full name and address of the firm,
partnership or corporation (certification attached – form D).
Article 18. Guarantee
The bidder to whom a contract is awarded guarantees to the City of Lowell all equipment,
materials and/or workmanship for a period of one (1) year after final inspection and acceptance
and shall replace promptly any defective equipment, materials and/or workmanship required
without additional cost to the City.
Article 19. Withholding of Contract Award
The Purchasing Agent reserves the right to withhold the awarding of any contract under its
jurisdiction when the bidder is unable to furnish satisfactory evidence of adequate ability,
experience and/or capital to execute the completion of a project in accordance with the prescribed
requirements and specifications.
Article 20. Modifications
This Agreement can only be modified by a written agreement duly signed by persons
authorized to sign agreements on behalf of the Contractor and of the City. Any variance from the
terms and conditions of this Agreement or any order or other written notification given by either
Party to the other that is not duly authorized shall have no force or effect.
Article 21. Change Order
The City may, at any time throughout the Term of the Agreement or any extensions thereof,
issue a written Change Order requiring the Contractor to make changes within the general scope
of the Agreement that may include additions, modifications, and improvements to the services. A
Change Order shall not modify the overall purpose of this Agreement. No change order can
exceed twenty-five (25) percent of the total price.
The Contractor may, at any time, propose in writing to the City for acceptance or denial,
modifications to the Contract documents, which will benefit the City. The City shall review the
Contractor’s proposal and may request such modifications. Denial of a proposed modification
shall neither provide the Contractor with any basis for a claim for damages nor release the
Contractor from contractual responsibilities.
If the Change Order issued by the City causes an increase or decrease in the Contractor’s cost to
provide the services and/or requires a change to the schedule that, in the City’s reasonable
discretion, is determined to be necessary, an equitable adjustment will be made and incorporated
into this Agreement.
Change Order Notice. Upon receipt of a Change Order issued by the City, the Contractor shall
within ten (10) business days of receipt of the Order give written notice (including preliminary cost
and time estimates) to the City stating the Change Order to be either an alteration to, deviation
from, addition to, or deletion from the Contract. Within thirty (30) days of receipt of the Order or
other time period mutually agreed to by the City and the Contractor, the Contractor shall submit a
detailed Change Order proposal, which includes the following information:
Description of change and details of work to be done. Detailed cost and pricing data, the cost
detail should be comprehensive and readily traceable into the Contractor's accounting records and
underlying supporting documentation. The Contractor’s statement of additional time shall include
a detailed schedule analysis identifying which schedule activities and key milestones are
Change Order Authorization. The Contractor shall not proceed with any Change Order work until
the City gives written authorization. The City shall not accept any responsibility whatsoever for
Change Order work performed by the Contractor without proper authorization by the City. All
Change Orders shall be executed in accordance with the terms and conditions of the Contract. All
executed Change Orders shall constitute the entire agreement between the City and the
Contractor with regard to any and all costs and time extensions related to Change Order work.
Article 22. Samples
The Purchasing Agent may require the submission of samples either before or after the award
of a contract, at no charge to the City, in order to ascertain whether or not a product will be
suitable for the purpose for which it is intended. If it is specifically stated elsewhere in the bid
documents that samples are required, full size samples must be submitted not later than the
official BID OPENING. Failure to submit said samples may be regarded as a basis for rejecting a
bid. Samples may be impounded until satisfactory completion of the contract. Otherwise all
samples must be called for by the bidder within thirty (30) days of the award of contracts or said
samples will be presumed abandoned and the Purchasing Agent will dispose of them as he sees
Article 23. Compliance with Laws, By-Laws and Regulations
The Contractor shall keep fully informed and shall comply with the provisions of applicable
federal, state, and municipal laws, rules, and regulations that in any manner regulate the
Contractor’s performance of this Contract and those engaged or employed with the services
herein described, other than any such laws, rules and regulations that relate to City’s own
operations. The Contractor shall indemnify, protect, defend, and save harmless the City and its
officers, agents and employees harmless from all fines, penalties, and liabilities imposed upon the
City under any such laws, rules, and regulations by any public agency, authority or court having
jurisdiction over the parties hereto when the imposition of same is attributable to the failure of the
Contractor to keep fully informed and to comply with its obligations in this regard, provided that if
any public agency, authority or court seeks to impose such fine, penalty or liability on the City, the
City shall promptly notify the Contractor and allow the Contractor, in consultation with the City, to
object to and defend such imposition.
Article 24. Permits and Licenses
The Contractor shall secure at his own expense all permits and licenses, pay all necessary
charges and provide all notices that are due in connection with the lawful prosecution of the work.
Article 25. Liens
The final payment on any project may be deferred until the Contractor has delivered to the
Owner a complete release from all liens arising out of the applicable contract, or receipts covering
all labors and materials for which liens could be filed, or a bond that satisfactorily indemnifies the
Owner against all possible liens.