2025-939 CITY - On-Call Engineering RFQ.pdf

REQUEST FOR QUALIFICATIONS

ON-CALL PROFESSIONAL ENGINEERING

AND ENVIRONMENTAL CONSULTING SERVICES

In accordance with Massachusetts Designer Selection Law, M.G.L. Chapter 7C, Sections 44-57 (formerly

M.G.L. Chapter 7, Sections 38 A ½-O), the City of Gardner and the Gardner Redevelopment Authority are seeking On-Call Professional Engineering and Environmental Consulting Services associated with the design and supervision of various public infrastructure projects for a period of up to five (5) years. Such projects include, but may not be limited to, sidewalk and street reconstruction, park and playground rehabilitation, and water and sewer main replacement. In addition, the selected firm(s) may provide professional engineering services to support the Gardner Planning Board in its administration of the Subdivision Control Law. The firm(s) selected for On-Call Professional Engineering and Environmental Consulting Services will have the opportunity to work with the City on various public infrastructure projects with work being awarded at the discretion of the City on a project-by-project basis. It is anticipated that a schedule of rates will be negotiated for the contract, and task orders developed and negotiated for specific projects. The scope of individual assignments may include, but not limited to, surveying and mapping, studies, site testing and investigations, funding source development, planning, utility system evaluation and design, project consultation and management, third-party evaluations, design for renovations and/or repairs, design for new construction, project management and construction supervision or management services.

The City of Gardner and Gardner Redevelopment Authority are Affirmative Action/Equal Opportunity

Employers and proposals from qualified minority and women owned business firms are encouraged. EPA’s

Program for Utilization of Small, Minority and Women’s Business Enterprises in procurement under assistance programs may apply if EPA funds are used. The City of Gardner reserves the right to reject proposals, waive technicalities, and to make awards deemed to be in the best interest of the City.

Interested firms may request RFQ packages by registering on http://www.gardner-ma.gov/Bids.aspx. RFQ proposals are due no later than 12:00 PM on May 9, 2025. Packages should be clearly marked with the words

“ON-CALL ENGINEERING RFQ” in the lower left portion of the package.

City of Gardner

Joshua Cormier

Purchasing Director http://www.gardner-ma.gov/Bids.aspx

CITY OF GARDNER

And

GARDNER REDEVELOPMENT AUTHORITY

REQUEST FOR QUALIFICATIONS

ON-CALL PROFESSIONAL ENGINEERING

AND ENVIRONMENTAL CONSULTING SERVICES

In accordance with Massachusetts Designer Selection Law, M.G.L. Chapter 7C, Sections 44-57 (formerly M.G.L.

Chapter 7, Sections 38 A ½-O), the City of Gardner and the Gardner Redevelopment Authority are seeking On- Call Professional Engineering and Environmental Consulting Services associated with the design and supervision of various public infrastructure projects for a period of up to five (5) years. Such projects include, but may not be limited to, sidewalk and street reconstruction, park and playground rehabilitation, and water and sewer main replacement. In addition, the selected firm(s) may provide professional engineering services to support the Gardner Planning Board in its administration of the Subdivision Control Law. The firm(s) selected for On-Call Professional Engineering and Environmental Consulting Services will have the opportunity to work with the City on various public infrastructure projects with work being awarded at the discretion of the City on a project-by-project basis. It is anticipated that a schedule of rates will be negotiated for the contract, and task orders developed and negotiated for specific projects. The scope of individual assignments may include, but not limited to, surveying and mapping, studies, site testing and investigations, funding source development, planning, utility system evaluation and design, project consultation and management, third-party evaluations, design for renovations and/or repairs, design for new construction, project management and construction supervision or management services.

Scope of Services

1. Review and evaluate public works construction plans and specifications as required.

2. Planning and design of public works construction projects and preparation of construction specifications and budgets as required.

3. Assist the City to comply with relevant permitting requirements.

4. Assist in the bidding and awarding of construction contracts as required.

5. Provide clerk-of-the-works or full construction management services as required.

6. Review and report on definitive subdivision plans as directed by the Gardner Planning Board.

7. Provide construction inspection of subdivisions under construction to ensure design compliance with

City Specifications. Services to be performed at the discretion of the Planning Board.

8. Develop cost estimates to complete the installation of ways and utilities within subdivisions to establish performance guarantees pursuant to M.G.L., Ch. 41, Section 81-U and as directed by the Planning Board.

9. Conduct environmental site assessments using MA DEP methodologies and protocols.

Qualification Submittal Instructions

A. Instructions to Proposers

1. The City of Gardner may cancel this RFQ in whole or in part, or may reject all submittals, or may procure only some services outlined in this RFQ, whenever such action is determined to be fiscally advantageous to the City of Gardner, or if it is otherwise in the best interest of the City of Gardner.

2. The City of Gardner may request that supplementary information be furnished to assure the City of Gardner that a proposer has technical competence, the business and technical organization, and the financial resources adequate to successfully perform the necessary work.

3. Questions or clarifications raised from these documents shall be submitted to the Purchasing

Agent, in writing, and in accordance with the procedures in item B of this section.

4. Each proposer acknowledges receipt of any and all addendum, issued to the RFQ, by so indicating in the Cover Letter/General Response. Failure to do so shall be cause to reject the submittal.

5. Proposers may correct, modify, or withdraw the original submittals on or before the date and time as stated in the legal advertisement. Corrections or modifications shall be in sealed envelopes, clearly marked to indicate the contents, with the name and address of the proposer. Any correction or modification to the submittal received after the submittal due date will not be accepted. A proposer who wishes to withdraw a submittal must make a request in writing.

6. Each proposer should be presumed to have read and be thoroughly familiar with these documents. Unfamiliarity with documents shall in no way relieve any obligation in respect to submittal.

7. It is understood that the proposer’s submittal will remain valid for 30 days past the submission deadline. The successful proposer’s submittal shall be attached thereto and become a part of the Agreement between the City of Gardner and the proposer, the same as though therein written out in full.

8. The proposer’s attention is directed at the fact that all applicable state laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over these services shall apply to the Agreement throughout, and they shall be deemed to be included in the contractual Agreement the same as though herein written out in full.

9. It is understood that the proposer has submitted the Qualification submittal in good faith and without collusion or fraud with any other individuals, firms, or corporations, in creating the Qualification submittal, to subvert the market process. See attached Certificate of Non-Collusion which must be signed and returned with the submittal documents.

10. All costs involved in preparing the Qualification submittal will be borne by the proposer; the City of

Gardner will not be liable for any costs associated with the creation of the Qualification submittal.

The proposer shall be familiar with all state, local and other laws relating to this type of work and shall obtain all permits required and shall pay all expenses for the same.

11. All responses are to include a statement that the Qualification submittal is in accordance with this

Request for Qualifications and that the proposer has read and understands all sections and provisions herein. Exceptions, if there are any, are to be clearly stated.

12. Qualification submittals, which are incomplete, conditional, or obscure, will be rejected. No award will be made to any proposer who cannot satisfy the Awarding Authority that he/she has sufficient ability and sufficient capital to enable him/her to meet the requirements of these specifications.

The Awarding Authority’s decision or judgement on these matters shall be final, conclusive and binding.

13. Any Qualification submittal received after the due date and time stated in the legal advertisement will be deemed non-responsive and shall be returned unopened to the proposer.

14. An evaluation of the submitted qualifications will be conducted by the Purchasing Agent and members of the Selection Committee. The judgement of the evaluators will be based upon the evaluation criteria set forth in this RFQ and shall be final.

15. The submittals will be opened within 24 hours of the date, at the time stated, and the name of the proposer will read and recorded. The contents of all submittals will be opened privately and will not be disclosed to the public, or competing proposers, until the evaluation process is completed.

16. Any Agreement(s) resulting from this RFQ shall be awarded to the proposer(s) whose submittal is deemed to be the most highly advantageous to the City of Gardner. The evaluators, along with the Purchasing Agent, will determine whether a proposer’s submittal satisfies the requirements of this RFQ and whether the submittal will prove advantageous to the City of Gardner. Assuming successful fee negotiations, the selected proposer(s) will be under contractual Agreement to the City of Gardner, per an Agreement provided by the City of Gardner (see Agreement attached at the end of this document).

17. Response to this Request for Qualifications acknowledges the proposer’s acceptance of all sections and requirements of this document. If the proposer’s qualification submittal does not comply with the requirements of this request for qualifications, or if an item is not understood in any way, a copy of that section of the request for qualifications must then be included in the submittal and all its copies must clearly state the deviation, additions, or other comments. There is a ten (10) page limit on responses to the Evaluation Criteria. Answers to other sections are not included in that page limit.

B. Questions and Clarifications

Questions requiring clarification shall be submitted, in writing, to the Purchasing Agent only, by 12:00 PM on Friday, May 9, 2025, to afford the City of Gardner adequate time to respond with correction or additional information prior to the deadline for submission of qualifications. Should it be found necessary, a written addendum will be incorporated into the RFQ and will become part of the Agreement. Those who have registered online and received a copy of the RFQ will be notified of such changes. Addenda will be distributed via email. Please be sure that firewall security will allow email from the extension @gardner-ma.gov.

C. Contract and Award

The City of Gardner reserves the right to cancel the contract at any time, separate the project(s), and award contracts to more than one firm if it is deemed to be in the best interest of the City.

The City reserves the right to award the contract to the responsive and responsible firm(s) submitting a proposal which best meets the City’s needs, considering firm qualifications, submittal quality and evaluation criteria. The awarding authority’s decision or judgment on these matters shall be final.

The term of the contract shall be five (5) years.

D. Interview

At the discretion of the City of Gardner, an applicant(s) selected as a candidate for an Agreement may be required to interview prior to Contract Award. This interview will be used to further enhance the selection process. Reimbursement for expenses incurred for this interview will not be forthcoming to either the awarded proposer or any other candidate asked to be interviewed. This interview may be conducted virtually if an in-person interview is not possible.

E. Licenses and Permits

The proposer is responsible for attaining and holding, in good standing, all relevant licenses/certificates associated with this project. Evidence of these requirements is to be provided with submittal. Licenses must be in force throughout the terms of the services as contractually agreed upon.

The firm should be experienced with Massachusetts Public Procurement and Construction Laws and Procedures. Professional Registration of the proposer(s) and engineers is required on this project.

F. Miscellaneous Information

All records, data files, computer records, work sheets, deliverable products, both complete and incomplete, and all other types of information prepared or acquired by the proposer, for delivery to the City of Gardner, shall be and will remain, property of the City of Gardner.

The Proposer agrees to use this information only as required in the performance of this Agreement and will not, before or after the completion of this Agreement, otherwise use said information, or copy, nor reproduce the same, in any form, except pursuant to the sole written instructions of the City of Gardner.

G. Supplier Diversity Program

Minority Business Enterprises (MBE), Women Business Enterprises (WBE), Service-Disable Veteran Business Enterprises (SDVOBE), Veteran Business Enterprises (VBE), Lesbian, Gay, Bisexual, and Transgender Business Enterprises (LFBTBE) and Disability-Owned Business Enterprises (DOBE) are strongly encouraged to submit qualifications in response to this Request for Qualifications (RFQ). For the purposes of this RFQ, the terms listed above shall mean a vendor who is certified by the Supplier Diversity Office (SDO) of the Operational Services Division (OSD) and who is still certified at the time the vendor’s Qualification submittal is submitted.

All groups are encouraged to apply for SDO certification. For further information on SDO qualifications, or access to SDO vendor lists, contact the Supplier Diversity Office at 617-502-8851.

Minimum Qualifications

1. Seven (7) years of experience in engineering, design, and construction management of various types of public infrastructure improvement projects under on-call contracts.

2. Three (3) years experience with review of definitive subdivision plans and inspection of subdivisions under construction under on-call contracts.

3. Five (5) years experience in consulting on environmental/brownfield reuse issues and conducting environmental investigations/site assessment activities.

4. Massachusetts Registered Professional Engineer and all other applicable licenses or registrations required to provide the services described in this RFQ.

5. Licensed Site Professional (LSP) certification in the Commonwealth of Massachusetts.

6. Minimum Professional Liability Insurance of $1,000,000, Workers Compensation Insurance in accordance with Massachusetts State Law, and General Liability Insurance of at least $2,000,000.

Comparative Criteria

Each Statement of Qualifications meeting the Minimum Evaluation Criteria shall be rated according to the following Comparative Evaluation Criteria.

1. Experience with engineering, design, and supervision of infrastructure, construction, and/or demolition projects funded by the Massachusetts Department of Housing and Community Development.

a. Unacceptable – No experience with engineering, design and supervision of referenced projects.

b. Advantageous – Less than seven years of experience with engineering, design and supervision of referenced projects.

c. Highly Advantageous – More than seven years of experience with engineering, design and supervision of referenced projects.

2. Demonstrated knowledge and experience with all applicable requirements of the Massachusetts DEP and MEPA, US EPA, Mass. Contingency Plan and other applicable code and regulatory provisions and agencies.

a. Unacceptable – No demonstrated knowledge or experience.

b. Advantageous – Less than five years of demonstrated knowledge and experience

c. Highly Advantageous – More than five years of demonstrated knowledge and experience.

3. Demonstrated experience with preparing and/or supporting the preparation of grant applications to numerous state and federal grant funding sources.

a. Unacceptable – No demonstrated experience.

b. Advantageous – Less than five years of experience.

c. Highly Advantageous – More than five years of experience.

4. In-house registered landscape architect and land survey services.

a. Unacceptable – No in-house registered landscape architect and land surveyor

b. Advantageous – One of the two professionals in-house.

c. Highly Advantageous – Both professionals in-house.

5. Experience with monitoring compliance with all aspects of rules and regulations governing the subdivision of land.

a. Unacceptable – No experience with monitoring compliance with all aspects of rules and regulations governing the subdivision of land.

b. Advantageous- Less than five years of experience.

6. Have a multi-disciplined staff, geographically accessible and available to be assigned to work expeditiously on numerous concurrent projects in the City of Gardner.

a. Unacceptable – No professional staff available.

b. Advantageous – One staff member available.

c. Highly Advantageous – Several staff members available to coordinate numerous concurrent projects.

7. Experience with EPA’s Community Involvement, Environmental Justice and Quality Assurance Methods.

a. Unacceptable – No experience.

b. Advantageous – Less than five years of experience.

Response

Interested firms should send four copies of a letter of interest and documentation of qualifications to Joshua Cormier, Purchasing Director, 95 Pleasant Street, Room 202, Gardner, MA 01440 no later than 12:00 PM on May 9, 2025. Packages should be clearly marked with the words “ON-CALL ENGINEERING RFQ” in the lower left portion of the package. At this time, proposals must be submitted via United States Postal Service, Federal Express (FedEx), or United Postal Service (UPS) only. No proposals will be accepted electronically or in person.

The documentation of qualifications shall include:

1. A complete description including an organizational chart of the project team including background data on the proposing firm or entity and a clear description of its experience in the planning and design of public infrastructure projects in Massachusetts, and the Northeast. If the proposing firm will utilize subconsultants, list all subconsultants and a description of how the management and coordination of the subconsultants will be accomplished.

2. Resumes of key staff who will be assigned to work with the Department of Community Development and Planning, on an as-needed basis.

3. Examples of projects completed for On-Call contracts by the project team over the last five years.

Descriptions should include an overview of the project, project cost, and staff members responsible for the project.

4. Examples of similar projects completed for agencies, departments, municipalities or other entities that best describes the firm’s ability to provide the services requested herein.

5. A minimum of three project references for the design and construction of public facilities for a municipality, including contact person, title, phone number, and other relevant data.

6. A minimum of three project references for conducting environmental site investigations/site assessments.

7. A statement that the firm possesses the insurance noted in the qualification section.

8. Proposers must provide a fee schedule for engineering and environmental consulting services.

The City of Gardner and Gardner Redevelopment Authority are Affirmative Action/Equal Opportunity

Employers and proposals from qualified minority and women owned business firms are encouraged. EPA’s Program for Utilization of Small, Minority and Women’s Business Enterprises in procurement under assistance programs may apply if EPA funds are used. The DCDP office reserves the right to reject proposals, waive technicalities, and to make awards deemed to be in the best interest of the City.

SAMPLE

CONTRACT FOR ON-CALL PROFESSIONAL ENGINEERING AND

ENVIRONMENTAL CONSULTING SERVICES

BY AND BETWEEN

THE CITY OF GARDNER & THE GARDNER REDEVELOPMENT AUTHORITY

AND

THIS AGREEMENT, entered into as of this day of ____________, 2025, by and between the

City of Gardner, a municipal corporation having its principal place of business at 95 Pleasant Street, Gardner, Massachusetts, and the Gardner Redevelopment Authority, a non-profit entity having its principal place of business at 115 Pleasant Street, Gardner, Massachusetts (hereinafter referred to as

CITY), and ______________________, a ___________________ corporation having its principal place of business at _________________________________________________ (hereinafter referred to as DESIGNER).

WITNESSETH:

WHEREAS: the CITY requires on-call professional engineering and environmental consulting services for the design and construction oversight of various public works and infrastructure improvement projects funded through the

Massachusetts Small Cities Program, Community Development Block Grant, and other funding sources; and

WHEREAS: the Designer is experienced, qualified and prepared to undertake such services;

NOW THEREFORE: For the purposes set forth above, and in consideration of the mutual promises of the parties hereto and as described herein, the adequacy and sufficiency of which is hereby acknowledged, the CITY and Designer, do hereby agree to as follows:

1. ENGAGEMENT OF DESIGNER

The CITY hereby engages the Designer and the Designer does hereby agree to perform and render the services hereinafter set forth in the terms and conditions of this Agreement.

2. PROFESSIONAL RESPONSIBILITY AND SERVICES TO BE PERFORMED

A. The Designer shall be responsible for the professional and technical accuracy and the coordination of all design, drawings, specifications, estimates and other work furnished through this Agreement, including work submitted by its consultants and subcontractors. The Designer shall employ sufficient personnel to complete the services required under this contract in a prompt and continuous manner and shall meet the approval schedule and submittal dates established during the course of this contract.

B. The Designer shall furnish appropriate, competent and professional services, upon which the CITY may rely, for each phase of work hereunder.

C. Neither the CITY review, approval or acceptance of , nor payment for, any of the services furnished shall be construed to operate as a waiver of any rights under the contract or any cause of action arising out of the performance of the contract.

3. SUMMARY OF BASIC SERVICES

The Designer, acting as a consultant to the CITY, shall perform any necessary tasks associated with the design of various public projects and infrastructure improvement projects including, but not limited to:

A. Engineering research, feasibility studies and field survey

B. Preliminary design

C. Construction plans, specifications and cost estimates

D. Contract and bidding documents

E. Construction services

F. Other services as may be set forth in Part Two, Scope of Services

4. SCOPE OF SERVICES

The Work to be performed under this Contract, will be established in a Scope of Services

Amendment which defines the specific tasks, limitations, and work, and will be made a part of this document by Amendment.

The CITY shall not be obligated to make any payment to the Designer and the Designer shall not be required to perform any services, except satisfying the insurance requirements, as set forth herein, under this Contract alone. This Contract shall be supplemented by an

Amendment which includes a Notice to Proceed for each individual project which shall be described in separate documentation, including specific scopes of services, payment, and commencement and completion requirements. The documentation accompanying each such project shall contain a certification as to the availability of funds, and shall be executed by the parties.

5. TERM

This Agreement shall commence on the date first above written, and shall terminate on June 30, 2030, unless otherwise amended in writing by all parties hereto.

6. TIME FOR COMPLETION

The Designer shall commence work upon receipt of a written Notice to Proceed from the

CITY. A Notice to Proceed must be issued by the CITY for each project to be undertaken by the Designer prior to the commencement of work.

All work shall be performed as outlined in PART II - SCOPE OF SERVICES, and the

Designer agrees to complete all services within the time for completion limit established in the

Notice to Proceed for each project. Should additional services be added to the SCOPE OF

SERVICES by amendment to this Agreement, the period of performance shall be specified in each amendment.

7. CONTRACT DOCUMENTS

The term "Contract Documents" shall mean and include:

A. Agreement dated ________________

B. Part Two - Scope of Services

C. Drug Free Workplace Certification

DD.. Tax Attestation

E. Non-Collusion Affidavit

F. Appendix 1, Compensation

G. Appendix 2:

1. Assurance of Compliance, Section 3

2. Federal Labor Standards Provisions

8. OPERATING PROCEDURES

The Designer hereby agrees to comply in all respects with all of the duties, responsibilities and requirements imposed by the Agreement and/or the CITY. The Designer shall maintain such records, including but not limited to property, personnel, and financial as deemed necessary by the CITY to assure a proper accounting for all funds. Within five (5) days of receipt of a written request from the CITY, the Designer shall make such records available to the CITY, or its authorized representative, for audit purposes.

9. TERMINATION OF AGREEMENT

A. If the Designer shall fail to fulfill its obligation under this Agreement, in a timely and proper manner, for any cause, or violate any of the terms, covenants and conditions herein, the CITY reserves the option to terminate said Agreement by giving written notice of such termination to the Designer, via certified mail at its last known business address, not less than fifteen (15) days prior to the effective date of such termination specified within said notice. All records and documents prepared by Designer under this

Agreement shall, at the option of the CITY, become CITY property.

B. In the event of termination, Designer shall be paid only for approved services performed up to the termination date, including reimbursable expenses which may be due.

In the event of termination, all finished work and documentation, complete and incomplete, shall be delivered to the CITY. The Designer shall be entitled to receive payment for any work performed and accepted under this Agreement which was completed prior to the date of termination, and for reimbursable expenses accruing through the date of termination less any offset or claim of the CITY. In the event of termination prior to the completion of the work, the Designer shall have no right to payment for lost profits or other consequential damages.

In the event that all or a portion of any project is postponed or terminated due to inadequate federal, state or local funds, the provisions set forth above shall apply.

Any termination or suspension of this Agreement shall not impair the CITY’s right to recover damages occasioned by the fault of the Designer. Any suspension shall not limit the right of the CITY to terminate.

10. INSURANCE

During the term of the Agreement, the Designer shall maintain the following minimum levels of insurance:

A. Workmen's Compensation and Employer's Liability Insurance in compliance with statutory limits;

B. Comprehensive General Liability Insurance including Products Completed, Contractual, Property and Personal Injury coverage with combined single limits of $1,000,000 for each occurrence and aggregate amount.

C. Professional Liability Policy for errors, omissions or negligent acts arising out of the performance of this Agreement in the amount of $1,000,000, which amount will also act as the maximum liability the engineer has on a project.

D. Valuable Papers insurance in the minimum amount of $25,000 or such other greater amount determined by Designer to ensure the restoration of any plans, drawings, computation, field notes or other similar data relating to the work covered by this contract in event of loss or destruction until the final fee payment is made or all data is turned over to the CITY.

E. Automobile Liability Insurance including non-owned and hired autos with the following limits:

• Bodily Injury: $250,000 per person / $500,000 each occurrence

• Property Damage: $100,000 each occurrence

The coverage described above shall remain in force from commencement of this Agreement through the date when all construction work designed under the contract is completed and accepted by the CITY.

The Designer shall require that its insurer notify in writing the Certificate Holder of any cancellation or reduction in coverage no less than thirty (30) days prior to such cancellation or reduction. The Certificate Holder shall read exactly as follows: Director, Department of

Community Development and Planning, 115 Pleasant Street, Gardner, MA 01440. The City of

Gardner shall be named as an additional insured for the coverage identified in sections B, D and E as set forth herein. The Designer’s failure to obtain and maintain insurance as set forth herein shall be deemed a material breach of this Agreement.

11. RECORD RETENTION

The Designer shall retain and secure, for a minimum period of seven (7) years from the date of completion and acceptance of any project, all financial and statistical records, together with supporting documentation and any other records pertinent to services performed under this

Agreement. It is further agreed that records for nonexpendable property which may be acquired with grant funds shall be retained for seven (7) years after final disposition. Records for any displaced parties shall be retained for a period of seven (7) years after said parties have received final payment. The CITY may require transfer of certain records to its custody and the Designer shall transfer such records to the CITY not more than fifteen (15) days following receipt of a written request. Records shall be retained beyond said seven (7) year period if any audit has not been finalized.

12. RECORD AUDIT

The CITY shall have immediate access to, including copies of, any and all books, documents, papers, reports, records and files of the Designer and its sub-contractors which are pertinent or relevant to the services provided under this grant program for the purpose of making or conducting an audit or examination. The Designer agrees that, any contract with any subcontractor, shall include provisions allowing the CITY to audit records of such subcontractor. The CITY reserves the right to determine the frequency and scope of audits.

13. PAYMENT REQUEST

Requests for reimbursement for charges incurred to the extent specifically authorized by this

Agreement shall be submitted to the CITY on a form to be provided, or approved, by the CITY not later than 10:00 a.m. on Tuesdays to expedite processing of payment in the manner below.

Requests for reimbursement on specific projects are to be submitted to the City Department which issued the Notice to Proceed on said project. The CITY shall provide payment for said request, subject to the availability of funds from and the approval by the Executive Office of

Communities & Development, Massachusetts Small Cities Program, or other applicable source within thirty (30) days of said request. The CITY reserves the right to approve payment only for services actually rendered during the billing period which conform to the approved project scope of work as identified in the Notice to Proceed.

14. GRANT CLOSE OUT PROCEDURES

The CITY reserves the right to issue procedures to close out the Grant Project, the observance of which shall be mandatory.

15. RIGHTS RESERVED

The CITY reserves the right to change the terms and conditions and/or scope of services set forth herein to comply with changes in the applicable federal and state requirements. The

Designer shall have no right to additional payment hereunder.

16. DOCUMENTS INCORPORATED

All exhibits, attachments and addenda attached herewith are incorporated by reference and made a part of this Agreement.

17. USE AND OWNERSHIP OF DOCUMENTS

All documents produced pursuant to this Agreement shall be the property of the CITY. The

CITY shall not reuse such documents without the prior consent of the Designer. However, the

CITY’s compliance with legal requirements, including M.G.L. c. 66, sec. 10, or the requirements of granting authorities shall not be deemed a violation of this requirement. The

Designer shall provide one set of mylars of the original drawings for use by the CITY as record drawings.

18. DELEGATION OF DUTIES

The Designer shall not delegate, assign, transfer, convey, or otherwise dispose of any portion of its interest in this Agreement without the prior written consent of the CITY.

19. EXTENT OF AGREEMENT

This Agreement represents the entire and integrated agreement between the CITY and the

Designer and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument executed by both CITY and

Designer.

20. FORCE MAJEURE

Neither party shall be liable to the other or deemed to be in breach under this Agreement for any failure to perform, including, without limitation, a delay in rendering performance due to causes beyond its reasonable control such as an order, injunction, judgment, or determination of any Court of the United States or the Commonwealth of Massachusetts, an Act of God, war, civil disobedience, or extraordinary weather conditions. Dates or time of performance will be extended automatically to the extent of such delays, provided that the party whose performance is affected promptly notifies the other of the existence and nature of such delay. It is agreed, however, that continued failure to perform for periods aggregating sixty (60) days or more, even for causes beyond the control of the Designer, shall be deemed to render performance impossible and the CITY shall thereafter have the right to terminate this Agreement.

21. INDEMNIFICATION

The Designer hereby indemnifies and shall at all times save and hold harmless the City of Gardner, and its officers, attorneys, employees and agents, from and against any and all claims (including workers’ compensation and wage claims) demands, suits, actions, liabilities, damages, penalties, judgments, and costs and expenses, including without limitation the attorney’s fees, costs and expenses of litigation, of or by anyone to the extent caused by, arising out of, or occasioned by the negligent or wilful act, omission, conduct, performance, activity, or operation of the Designer, or any of its consultants, or the agents or employees of either.

22. RESPONSIBILITIES OF THE CITY

The CITY, through the department issuing the Notice to Proceed, shall schedule and coordinate meetings and facilitate communication between the Designer and CITY officials. The CITY shall furnish available information to the Designer so as to facilitate the orderly progress of work.

23. NON-DISCRIMINATION

The Designer shall adhere to the requirements set forth in Title VI of the Civil Rights Act of

1964 (Public Law 88-352), and the regulations issued pursuant thereto by HUD (24 CFR Part

I); Title VIII of the Civil Rights Act of 1968 (Public Law 90-284), as amended; section 109 of the Housing and Community Development Act of 1974, and the HUD regulations issued pursuant thereto (24 CFR 570.601); Federal Executive Order 11063, as amended by Executive

Order 12259 and the HUD regulations issued pursuant thereto (24 CFR 107); the Age

Discrimination Act of 1975 (42 U.S.C. 6101 et set.); Section 402 of the Veterans of Vietnam

Era Act (for projects of $10,000 or more); Section 504 of the Rehabilitation Act of 1973 (29

U.S.C. 794); Massachusetts General Laws Chapter 151B Section 1 et seq.; State Executive

Order 74, as amended and revised by Executive Orders 116, 143, and 227; and EOCD regulations, procedures or guidelines.

The Designer shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, handicap, or national origin. The Designer shall take affirmative action to insure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, age, handicap, or national origin. Such action shall include, but not limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The

Designer shall post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. The

Designer shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, age, handicap or national origin.

The Designer shall adhere to the requirements set forth in OMB Circular A-102 and EOCD regulations, procedures and guidelines with respect to standards governing procurement, and any applicable provisions of State laws and regulations relative thereto, including but not limited to: Massachusetts General Laws Chapter 7C, section 44 Et. seq.; Chapter 30, section

39M; Chapter 149, sections 44A through 44L; and Chapter 484 of the Acts of 1984. It is national and state policy that the recipient take affirmative steps to award a fair share of contract taken to assure that small and minority businesses are utilized when possible as sources of supplies, equipment, construction and services. The Designer shall maintain records sufficient to detail the process of procurement.

The Designer shall comply with provisions of Section 3 of the Housing and Community

Development Act of 1968 (12 U.S.C. 170lu) and the HUD regulations issued pursuant thereto

(24 U.S.C. 135), which shall serve as guidance for the implementation of said section. The

Designer shall adhere to the mandates of the Massachusetts Conflict of Interest Statute M.G.L., C. 268A, and the Federal Hatch Act, 5 U.S.C., ss 1501 et seq.

24. COMPLIANCE

All activities authorized by this Agreement shall be subject to and performed in accordance with the provisions of the CITY’S Massachusetts Small Cities Program Grant Agreement with

EOCD and all its attachments (including where relevant, Section 4.14, Flood Disaster

Protection, 4.15, Historic Preservation, 4.16, Additional Environment Requirements, 4.17, Lead

Paint Hazards, and 4.18, Relocation Assistance), all applicable federal, state and local laws and regulations, including but not limited to those specifically stated herein, and any applicable regulations issued by HUD published in 24 CFR Part 570, as may be amended from time to time, and any regulations, procedures, or guidelines as may be established or amended by

EOCD for the Massachusetts Small Cities Program.

25. BREACH OF CONTRACT

If the Designer is in breach of contract, or violation of the rules and regulations, of the City of

Gardner, Executive Office of Communities & Development, Massachusetts Small Cities

Program, or other applicable grant programs, the CITY reserves the right to withhold further funding, demand return of unexpended funds, terminate the Agreement, seek further administrative and/or legal relief to assure and guarantee full compliance with the intent and purpose of the Housing and Community Development Act, and to pursue any and all additional remedies, whether legal or equitable, it may have.

26. STATEMENT - LOBBYING PROHIBITED

None of the funds provided under this Agreement shall be used for publicity purposes designed to support or defeat legislation pending before the Congress.

To the best of their knowledge and belief, the CITY and Designer certify that no federal appropriated funds have been paid and will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of

Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;

If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of

Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the payor shall complete and submit a Standard Form LLL, "Disclosure Form to Report Lobbying."

27. IDENTIFICATION

All advertisements, notifications, publications, signs, brochures, and other promotional or informational material shall identify the program and/or project as being funded by the “City of

Gardner through the Commonwealth of Massachusetts, Executive Office of Communities &

Development, Massachusetts Small Cities Program, Community Development Block Grant,” or other applicable funding source as specified by the CITY.

28. INTEREST OF PUBLIC OFFICIALS

No officer, employee, agent, public official, or member of the governing body of the CITY, who exercises any functions or responsibilities with respect to the program during his tenure or one year thereafter, shall have any interest, direct or indirect, in this contract, or the proceeds thereof for work to be performed in connection with the program assisted under this

Agreement.

29. INTEREST OF FEDERAL OFFICIALS

No member of or delegate to the Congress of the United States, and no Resident Commission, shall receive any benefit, direct or indirect, which may arise from this Agreement.

30. COMPLIANCE WITH AIR AND WATER ACTS

The Designer hereby stipulates that any facility to be utilized in the performance of this

Agreement or sub-contract is not listed on the List of Violating Facilities issued by the

Environmental Protection Agency (EPA pursuant to 40 CFR 15.20).

The Designer hereby agrees to comply with all the requirements of Section 114 of the Clean

Air Act, as amended, (42 USC 1857 and Section 308 of the Federal Water Pollution Control

Act, as amended, (33 USC 1318) relating to inspection, monitoring, entry, reports and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder.

As a condition for the award of this Agreement, the Designer hereby further agrees that it shall provide prompt notice to the CITY of any notification received from the Director, Office of

Federal Activities, EPA, indicating that a facility utilized or to be utilized for the Agreement is under consideration to be listed on the EPA List of Violating Facilities.

The Designer shall include or cause to be included the criteria and requirements of this section in every non-exempt sub-contract, and that the Designer shall take such action as the

Government may direct as a means of enforcing such provisions.

31. HISTORIC PRESERVATION

The Designer shall perform services required under this Contract with due recognition of the importance of the preservation and enhancement of structures and objects of historical, architectural, or archeological significance when such items are found and/or unearthed during the course of the project and to consult with the Massachusetts Historic Commission for recovery of the items. (Reference: Executive Order 11593, National Historic Preservation Act of 1966, and the Archeological Data Act of 1974).

32. WASTE DISPOSAL

The Designer shall comply with the regulations promulgated by the United States

Environmental Protection Agency as applied to this project in reference to the Solid Waste

Disposal Act as amended by the Resource Conservation and Recovery Act. The disposal of any debris, refuse, waste, or other material shall be in conformance with Federal regulations and those of the Massachusetts Department of Environmental Quality Designering, particularly, those at 310 CMR 19.0 and 310 CMR 30.0 (Solid and Hazardous Waste Disposal).

33. OTHER ENVIRONMENTAL REGULATIONS

The Designer shall assist the CITY on an as-needed basis in complying with all regulations related to the National Environmental Policy Act as set forth in 24 CFR Part 58, or thereby referenced.

34. FINANCIAL MANAGEMENT SYSTEM

The Designer shall establish and/or maintain a Financial Management System that provides for:

A. Accurate, current and complete disclosure of the financial results of the Grant Program in accordance with Federal, State and City reporting requirements. HUD requires reporting on an accrual basis. If the Designer's accounting records are not kept on that basis, the Designer shall develop such information through an analysis of the documentation on hand or on the basis of best estimates which are acceptable to HUD, EOCD and any and all other relevant agencies.

B. Records which identify adequately the source and application of funds for grant-supported activities. These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, liabilities, outlays and income.

C. Effective control over and accountability for all funds, property, and other assets. The

Designer shall adequately safeguard all such assets and shall ensure they are used solely for authorized purposes.

D. Comparison of actual with budgeted amounts, also relation of financial information with performance or productivity data.

E. Procedures to minimize the time elapsing between the transfer of funds from the

Commonwealth of Massachusetts and disbursement by the CITY to the Designer.

F. Procedures for determining the allowability and allocability of cost in accordance with the provisions of the Federal O.M.B. Circular A-87.

G. Accounting records which are supported by source documentation.

H. Audits to be made by the CITY, or its representative, to determine at minimum, the fiscal integrity of financial actions and reports and the compliance with laws, regulations, and administrative requirements.

I. A systematic method to ensure timely and appropriate resolution of audit findings and recommendations.

The Designer shall have no authority to obligate the CITY to spend funds, to stop work or to suspend work on any project.

35. OTHER PROVISIONS

A. This Agreement shall be amended only by a prior written amendment, executed by both parties and shall contain the Auditor’s certification as to the availability of appropriated funds.

B. The Designer shall comply with all applicable federal, state and local laws, ordinances, rules and regulations.

C. Notices shall be deemed sufficient if mailed, first class, postage pre-paid or delivered by hand to the appropriate address within the City of Gardner.

D. If any provision of this Agreement is declared or found to be illegal, unenforceable, or void, then both parties shall be relieved of all obligations under that provision. The remainder of the Agreement shall be enforced to the fullest extent permitted by law.

E. The work performed by the Designer shall conform to the professional standard of care and practice customarily expected of those engaged in performing comparable work, the personnel furnishing said services shall be qualified and competent to perform adequately the services assigned to them and the recommendations, guidance and performance of such personnel shall reflect such standards of professional knowledge and judgment.

F. The Designer shall have no damages for delay or hindrance. In the event of delay or hindrance not the fault of the Designer, an extension of time shall be the Designer’s sole remedy.

THIS AGREEMENT shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns.

IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in four (3) copies, each of which shall be deemed an original as of the date first above written.

FOR CORPORATION

CITY OF GARDNER

(Authorized Signature)

Mayor

APPROVED AS TO FORM:

City Solicitor

FOR CONTRACTING DEPARTMENT:

(Department Head)

CITY AUDITOR who certifies, pursuant to Massachusetts

General Law C.44, §31C, that the proposed expenditure is not in excess of the appropriation or the unexpended balance thereof and that the Mayor is authorized to sign this contract.

PROCUREMENT OFFICER who certifies that the services or supplies purchased or leased pursuant to this contract were, to the best of his belief and knowledge, procured pursuant to the procurement laws of the

Commonwealth to the extent such laws apply.

PART TWO - SCOPE OF SERVICES

The services provided by Designer shall include, but may not be limited to, the following items:

A. Design Work

1. Design of parks, playgrounds, urban revitalization projects, feasibility studies and other public projects as required, including the following services:

a. Compile and draft data provided by the CITY including necessary liaison…