2026-020 AIRPORT - RFQ Airport Professional Consultant Services.pdf

CITY OF GARDNER

REQUEST FOR QUALIFICATIONS (RFQ)

for

PROFESSIONAL CONSULTANT SERVICES

#2026-020

GARDNER MUNICIPAL AIRPORT

Mayor Michael J. Nicholson Gardner Airport Commission

October 2025

Contact Information

Clarification and interpretations of this Request for Responses must be requested in writing to:

Joshua Cormier, Chief Procurement Officer 95 Pleasant Street, Room 217

Gardner, MA 01440 Email: jcormier@gardner-ma.gov

PURCHASING DEPARTMENT

REQUEST FOR QUALIFICATIONS

PROFESSIONAL CONSULTING SERVICES

GARDNER MUNICIPAL AIRPORT

#2026-020

Required Submission Date Monday, November 10, 2025 at 12:00 pm

Issue date: October 15, 2025

TABLE OF CONTENTS

SEGMENT PAGE NUMBER

1 Invitation 3 2 Specifications 4 3 Required Forms 15

Joshua Cormier Chief Procurement Officer 95 Pleasant St., Room 217 Gardner, MA 01440 978-632-0426 jcormier@gardner-ma.gov

PURCHASING DEPARTMENT

REQUEST FOR QUALIFICATIONS

PROFESSIONAL CONSULTING SERVICES

GARDNER MUNICIPAL AIRPORT

#2026-020

The City of Gardner, on behalf of the Gardner Airport Commission, is seeking qualifications from firms for professional consulting services. Submittals will be received at the office of the City Purchasing Agent, Room 217 City Hall, Gardner, MA until Monday, November 10, 2025 at 12:00 pm and at that time and place a record of submittals produced.

The City is seeking submittals from qualified airport engineering and planning consultants to provide services, as required, for various airport projects for a five (5) year period beginning on or near December 1, 2025. Gardner Municipal Airport is preparing a multi-year development and maintenance plan under the Federal Aviation Administration (FAA) Airport Improvement Program (AIP) and the Massachusetts Department of Transportation Aeronautics Division (MassDOT/AD) Airport Safety and Maintenance Program. Airport engineering and consulting services may be required from time to time.

All submittals shall be sealed, addressed to the Chief Procurement Officer, City of Gardner, 95 Pleasant Street, Gardner MA 01440. One original and three (3) copies, plus one electronic file, of the proposal, is required. The envelope is to be clearly marked with the Responder City of Gardner RFQ 2026-020 Professional Consulting Services for the Gardner Municipal Airport.

The City of Gardner reserves the right to waive any informalities, to accept or reject, in part or in whole, any and all submittals or to take whatever action would be in the best interest of the City of Gardner.

Submittals are to remain firm for at the minimum of thirty (30) days following the opening of proposals.

Specifications, Terms and Conditions and Proposal Forms may be obtained from the City website at www.gardner-ma.gov under Bid Opportunities.

City of Gardner by Joshua Cormier Chief Procurement Officer

To appear in the Gardner News October 15, 2025

SECTION 1 PROJECT OVERVIEW

A. Project Description The City of Gardner, on behalf of the Gardner Airport Commission, is seeking statements of qualification from qualified airport engineering and planning consultants to provide services, as required, for various airport projects for a five (5) year period beginning on or near December 1, 2025. Gardner Municipal Airport is preparing a multi-year development and maintenance plan under the Federal Aviation Administration (FAA) Airport Improvement Program (AIP) and the Massachusetts Department of Transportation Aeronautics Division (MassDOT/AD) Airport Safety and Maintenance Program. Airport Engineering and consulting services may be required from time to time.

Projects in the five-year period may include, but are not limited to, the following:

1. Rehabilitate Access Road 2.

3. T-Hangar Construction

4. Construct SRE

5. Vegetation Management Plan

6. Avigation Easement Acquisitions

7. Design/Bid/Permit for Tree Clearing

8. Construction Phase Services for Tree Clearing

9. Installation of Fencing/Gates/Access Controls

10. Administration Building Improvements

The Gardner Municipal Airport is a General Aviation Airport owned by the City of Gardner, Massachusetts. The only Runway (paved) 18-36 is 2,999 feet long by 60 feet wide. Support facilities include an airport administrative facility, a maintenance building, nine hangers (one maintenance hangar used by the FBO), and a fueling area.

SECTION 2 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 the technical competence, the business and technical organization, and the financial resources adequate to successfully perform the necessary work.

3. Questions or clarifications rising 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 shall acknowledge 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 shall 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. bmittal will remain valid for 30 days past the become a part of the Agreement between the City of Gardner and the proposer, the same as though therein written out in full.

8.

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 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 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 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. Evaluation of the submitted qualifications will be conducted by the Purchasing Agent and members of the Airport Commission. 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 on 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 resulting from this RFQ shall be awarded to the proposer whose submittal is deemed to be the most highly advantageous to the City of Gardner. The evaluators, along requirements of this RFQ and whether or not the submittal will prove advantageous to the City of Gardner. Assuming successful fee negotiations, the selected proposer 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.

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, October 31, 2025, in order to afford the City of Gardner adequate time to respond with a 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. Insurance Requirements

General The firm/individual shall, before commencing performance of the contract, be responsible for providing and maintaining insurance coverage in force, for the life of the contract, of the kind and in adequate amounts to secure all of the obligations under the contract and with insurance companies licensed to write insurance in the Commonwealth of Massachusetts. All such insurance carried should not be less than the kinds and amounts designated herein, and the contractor agrees that the stipulation herein, of the kinds and limits of coverage, shall in no way limit the liability of the contractor to any such kinds and amounts of insurance coverage. Under all insurance coverage, required or not required by the City, the provider shall indemnify, defend and hold harmless, the City of Gardner, its elected or duly appointed officers, directors and employees, against liability, losses, damages, or expenses (including legal expenses) resulting from any claim based upon negligent or intentional acts or omissions of the provider, its employees or its agents in providing its services to employees of the City of Gardner, or their dependents, pursuant to the agreement.

Level of insurance must adequately cover the liability exposure of the project and is subject to

Failure to provide and continue in force such insurance, as aforesaid, may be deemed a material breach of this Agreement, and may constitute sufficient grounds for immediate termination of the same. All insurance maintained, as provided for in the above, shall be taken out and maintained at the sole expense of the contractor.

No cancellations of such insurance, whether by the insurer or by the insured party, shall be valid unless written notice thereof is given by the parties proposing cancellation, to the other party, at least fifteen (15) days prior to the intended effective date thereof, which date shall be expressed in said notice, which shall be sent out by registered mail, return receipt requested.

These provisions shall apply to the legal representative, trustees in bankruptcy, receiver, assignee, trustee, and the successor in interest of the firm/individual.

All insurance coverage shall be placed with such company as may be acceptable to the City of Gardner and shall constitute a material part of the contractual documents.

The City of Gardner, and its employees, must be named as an additional insured and as a certificate holder on each of the insurance policies or surety bonds obtained pursuant to the requirements established by the issuance of the Agreement. Upon execution of the Agreement, the firm/individual will provide copies of certificates of insurance to the City of Gardner.

Proposer will indemnify and save harmless the City of Gardner, and its employees, against any and all claims for damages on account of personal injury, death, and/or property loss by any act of omission due to negligence of the Proposer, its agents, or employees, to any property of, or under, the control of the City of Gardner during the term of, or any extension of, the resultant agreement, and, in case of any action or actions, or other legal proceedings which shall be brought or instituted against the City of Gardner on account of such claims, Proposer shall indemnify and save harmless the City of Gardner. However, should the claim be due to the negligence of the City of Gardner, and/or its employees, Proposer will be held harmless.

Comprehensive Professional Services Liability/Errors and Omissions Insurance

The firm/individual shall carry Comprehensive Professional Services Liability/Errors and Omissions Insurance coverage in an amount no less than One Million Dollars ($1,000,000.00).

A firm or incorporated business shall carry Workers Compensation Insurance as required by the Massachusetts General Law c. 152, Section 25.

D. Contract and Award

The Airport will utilize the Massachusetts Designer Selection Process (MGL Chapter 7C, Section 44-58) and FAA Advisory Circular 150/5100-14E Guidelines in the solicitation and award of the consultant contract. The evaluation process used will be as listed in the aforementioned FAA Advisory Circular 150/5100-14E, Chapter 2, Sections 2.3 through 2.8, inclusive. The term of the contract shall be five (5) years. The Airport 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 Airport.

The City reserves the right to award the contract to the responsive and responsible firm these matters shall be final.

E. Interview

At the discretion of the City of Gardner, an applicant 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.

F. Licenses and Permits

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.

G. 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.

H. 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 submitted.

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

SECTION 3. QUALIFICATION SUBMITTAL REQUIREMENTS

A. Minimum Requirements

The Purchasing Agent shall reject submittals which do not meet the contents of the Standard Designer Application Form for Municipalities and Public Agencies not with DSB Jurisdiction (attached).

1. All Qualification submittals shall be submitted to the Purchasing Agent as stated in the legal advertisement before the deadline for receipt of Qualifications submittals, and must be complete.

2. The proposer must have signed the Certifications and all other required submittal forms and shall include them in the Qualification submittal package.

3. 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 any, are to be clearly stated.

B. Staffing Requirements

Should it become impossible for a contractually committed individual to complete his duties, for in the Qualification submittal, will be subject to approval of the City of Gardner, who shall notify the proposer within fifteen (15) business days of the acceptance or rejection of any such substitutions. Substituted person must be of an experience level equal to or greater than the person being replaced.

C. Scope of Services

The firms selected will assist the Airport Commission in preparation of development plans and provide services as may be required to implement the plans.

SECTION 4. SELECTION PROCEDURES

1. The City Purchasing Agent will review all submittals to make sure minimum requirements are met. Those submittals that meet all of the minimum requirements, as outlined in this RFQ, and are determined to be both responsive (those that offer all of the services requested in this RFQ and contain all of the required information and forms properly completed) and those that are responsible (those with the capability, integrity, and reliability to perform under the contractual Agreement) will be further reviewed using the selection criteria outline in this section.

2. After the selection process, the Purchasing Agent shall receive a recommendation of award from the review committee.

3. Fee negotiations will take place with the most qualified proposer, as determined. The selected and approved proposer shall then provide a fee proposal that includes a proposed lump-sum fixed fee along with a detailed breakdown of the disciplines and sub-consultant costs. All related cost information, requested by the City, shall be furnished by the successful proposer for the purpose of complete disclosure during negotiations.

4. If the City of Gardner is unable to negotiate a contractual Agreement, including the fee, with the top-ranked finalist, the City of Gardner will then commence negotiations with the next ranked finalist and so on, until a contract is successfully negotiated and approved by the City of Gardner.

5. The City of Gardner reserves the right to award the contract to the responsive and responsible needs, taking into account the Qualification submittal quality and evaluation criteria. The binding.

6. The City of Gardner will provide a standard contract to the selected firm. This Request for to this RFQ, will become part of the final Agreement.

Minimum Evaluation Criteria For the purposes of this proposal, minimum requirements will be used as minimum evaluation criteria. Failure to meet the minimum requirements will result in the immediate rejection of the submittal.

Comparative Evaluation Criteria

The Airport will utilize the Massachusetts Designer Selection Process (MGL Chapter 7, Section 38K) and FAA Advisory Circular 150/5100-14E Guidelines in the solicitation and award of the consultant contract. The evaluation process used will be as listed in the aforementioned FAA Advisory Circular 150/5100-14E, Chapter 2, Sections 2.3 through 2.8, inclusive. The term of the contract shall be five (5) years. The Airport 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 Airport.

The evaluation committee will use the comparative criterion for each separate rating area, and based upon these criteria, will assign an overall rating to each proposal. Each of the criteria may contain ratings of:

Unacceptable Not Advantageous Advantageous Highly Advantageous

An Unacceptable rating in any one of the criteria may eliminate the proposal from further consideration.

1. Firm background and Capability to perform all of the aspects of the projects.

Unacceptable: Less than three (3) years of experience in providing similar Engineering Services to Massachusetts municipalities with documented examples of such services.

Not Advantageous: Three (3) to five (5) years of experience in providing similar Engineering Services to Massachusetts municipalities with documented examples of such services.

Advantageous: Six (6) to eight (8) years of experience in providing similar Engineering Services to Massachusetts municipalities with documented examples of such services.

Highly Advantageous: More than eight (8) years of experience in proving similar Engineering Services to Massachusetts municipalities with documented examples of such services.

2. Recent Relevant Experience with projects comparable to the proposed projects specifically for Airports in Massachusetts.

Unacceptable: No experience with airports.

Not Advantageous: Firm has municipal airport engineering experience, but no municipal airport Engineering experience within Massachusetts.

Advantageous: Firm has municipal airport engineering experience within Massachusetts that is current (within the last five years), but less than three (3) similar projects have been successfully completed in Massachusetts.

Highly Advantageous: Firm has municipal airport engineering experience within Massachusetts that is current (within the past five years). More than three (3) projects of similar type have been successfully completed within Massachusetts.

3. Experience with Federal and Massachusetts (FAA/MassDOT) Airport Improvement Projects

(AIP).

Unacceptable: Firm has no experience with FAA/MassDOT Airport Improvement Projects.

Not Advantageous: Firm has experience with one (1) to five (5) FAA/MAC Airport Improvement projects (provide specifics).

Advantageous: Firm has experience with six (6) to ten (10) FAA/MAC Airport Improvement projects (provide specifics).

Highly Advantageous: Firm has experience with more than ten (10) FAA/MAC Airport Improvement projects (provide specifics).

4. Current Firm Capacity List significant current work and work completed in the last five (5) years, as well as project in-house but not yet begun; quantify.

Unacceptable: No current work or limited current work listed.

Not Advantageous: Firm capacity may be challenged by current work load when taking on this new assignment.

Advantageous: Firm capacity appears to be able to handle this assignment with the given work load.

Highly Advantageous: Firm capacity can easily handle this assignment with their given work load.

5. References Provide references with contact names and valid phone number of other clients whereby similar work has been performed.

Unacceptable: References are not provided.

Not Advantageous: At least three (3) references are from similar project experiences.

Advantageous: More than three (3) and less than five (5) references are provided from similar project types.

Highly Advantageous: More than five (5) references are provided for similar project types.

6. Staffing

a. Key Personnel: Professional background, caliber, and staff availability for project;

quantify staff discipline; describe the % of time to be committed to the project by the key members of the project team.

b. Outside Consultants: Qualifications and experience of sub-consultants regularly engaged by the firm; describe the % of time to be committed to the project by the leadership of the project team.

c. Team Organization: Chart and describe team organization, listing key individuals.

Unacceptable: No staffing plan or team organization provided.

Not Advantageous but the organization plan provided is not clear enough to make a determination of roles and responsibility.

Advantageous: The staffing and team organization information provided will adequately meet the needs of the Commission.

High Advantageous: The staffing information and team organization provided will exceed their best and most experienced staff and resources into this project. Project roles and responsibilities are clearly defined.

7. Project Discussion and Scope of Work:

a. Project Understanding and Challenges

b. Project Approach

Unacceptable: Proposal did not adequately convey the proposer understanding of the

Not Advantageous approach does not instill confidence in a plan to complete the project in a well thought out manner.

Advantageous: The Scope of Services response provided indicates the proposer will meet and their approach to the work required to complete a successful project.

Highly Advantageous: The Scope of Services response provided clearly indicates the understanding and ability to successfully meet the needs of the Owner; shows the the project and that their approach to the project demonstrates a creative and thorough process.

8. Environmental Issues Explain the process involving governmental agencies, commission, or groups, if required on a project.

Unacceptable: Proposal did not address the environmental issues.

Not Advantageous: The response indicates the proposer may meet the environmental environmental process does not instill confidence in the firm to complete the project within the given environmental constraints.

Advantageous: The response provided indicates the proposer will meet the project environmental concerns and will more than adequately meet the needs of the Commission.

The firm fully understands and has demonstrated the environmental concerns process and instills confidence that it will work to maintain the project environmental issues.

Highly Advantageous: The response provided indicates the proposer will exceed the needs of the Commission. The firm fully understand the environmental process and is creative in its approach that will insure success in staying within environmental guidelines. The firm understands the environmental issues and has the team to insure its success.

9. Response to Additional Narrative Information:

Summarize what is unique about your firm. List support services and/or required documents, required by your firm, of the Commission.

Unacceptable: Proposer did not address Additional Narrative Information section.

Not Advantageous: Proposal did not adequately respond to all additional Narrative Information as requested.

Advantageous: Proposal was responsive, adequately responded to additional Narrative Information requested, appeared consistent with project intent and responded to needs expressed by the documents in all areas.

Highly Advantageous: Proposals was very responsive, thoroughly responded to additional Narrative Information requested, appeared consistent with project intent, and responded to needs expressed by the documents in all areas.

RESPONSES TO THE COMPARATIVE EVALUATION CRITERIA MAY NOT EXCEED 10 PAGES.

Work References Proposers will also be evaluated based upon the responses from references.

SECTION 5. QUALIFICATION SUBMISSION REQUIREMENTS

One sealed envelope or container containing an original and three (3) copies of the Qualification

Airport Consultant RFQ advertisement. It is the sole responsibility of the proposer to insure that the Qualification submittal arrives on time and at the designated place.

Within your Qualification submittal, please supply each of the following items and clearly structure and label your Qualification submittal:

1. Cover Letter including name of Agency/Firm, address and telephone number, signed in ink by someone authorized to sign such documents. Any addenda issued must be acknowledged in this Cover Letter.

2. Attach a Financial Statement for the two previous calendar years, attested by a CPA or Bank

Officer. In respect of confidentiality, this may be submitted (one copy) in a separate envelope financial information provided in the Qualification submittal is not adequate to communicate financial capabilities. If you do not provide financial statements, you must include a letter to that effect and provide some other means to determine the financial status of your company.

3. Standard Designer Application Form for Municipalities and Public Agencies not within DSB Jurisdiction (Updated July 2016).

BIDDER INFORMATION

to submit the following information and any other information deemed necessary by the bidder.

Give full names and residences of all the persons and parties interested in the foregoing proposal. Give first and last names in full; in case of corporations, give names of President, Treasurer, and Manager; and in case of firms, give names of the individual members.

Kindly furnish the following information regarding the Bidder:

(1) If a Proprietorship:

Name of Owner

Business Address Telephone

Home Address Telephone

(2) If a Partnership:

Full names and addresses of all partners

Name Address Telephone Number

Business Address Telephone

(3) If a Corporation:

Full Legal Name Telephone

Full Names and adresses of President, Treasurer and Manager:

Name Address Telephone Number

State of Incorporation

Principal Place of Business

Qualified inMassachusetts Place of Business in Massachusetts

(4) Give the following information regarding surety company:

Full Legal Name of Surety Company

State of Incorporation Admitted in Massachusetts? YES or NO?

Principal Place of Business

Place of Business in Masachusetts Telephone

CERTIFICATE OF AUTHORITY

At a duly authorized meeting of the Board of Directors of the (Name of Corporation) held on at which all the Directors were present or waived notice, it was voted (Date) that (Name) (Officer/Title) of this company be and he hereby is authorized to execute contracts and bonds in the name and behalf of said name on its behalf of such under seal of the company, shall be valid and binding upon this company.

(Officer)

A TRUE COPY,

ATTEST: ____________________________________

(Signature/Title) Place of Business: _____________________________________

I hereby certify that I am the of the

(Title) (Name of Corporation) that is duly elected

(Officer, Name) (Title) of said company, and the above vote has not been amended or rescinded and remains in full force and effect as of the date of this contract.

Full Legal Name of Business Telephone Number

State of Incorporation* Principal Place of Business

Qualified in Massachusetts Place of Business in Massachusetts

Signature

*If state of incorporation is Massachusetts, insert MASSACHUSETTS on State of Incorporation line and disregard other parts of the form.

Subscribed and sworn to before me (Corporate Seal)

If applicable (i.e., not necessary for sole proprietorships or partnerships) this ____day of ______________, 20__

________________________________(Notary Seal) Notary Public

My Commission Expires______________________

CERTIFICATIONS

Statements below shall be duly dated and signed with an original signature or the Bid or Proposal will be rejected.

TAXES PAID: Pursuant to Massachusetts General Laws, Chapter 62C, Section 49A, the undersigned certifies under the penalties of perjury that, to the best of my knowledge and belief, all Massachusetts State Tax Returns and all Massachusetts State Taxes required under law have been paid, and I have complied with the reporting of employees and contractors, and withholding and remitting of child support.

INDEMNIFICATION: The undersigned agrees to indemnify, pay on behalf of, defend, and hold harmless the City of Gardner and its officers, attorneys, employees and agents from any and all claims, demands, suits, actions, costs, incurred by, or asserted against the City by reason of (a) any failure on the part of the Contractor to comply with any provision or term required to be performed or complied with by the Contractor under this Contract, or (b) for the death, injury or property damage suffered by any person on account of or based upon the act, omission, fault, negligence or misconduct or any person whomsoever other than the City of Gardner. The foregoing indemnity and hold harmless agreement shall include indemnity against all costs, expenses and liabilities incurred in or in connection with any such claim or proceeding brought hereon, and the defense thereof with counsel acceptable to the City or counsel selected by an insurance company which has accepted liability for any such claim.

COMPLIANCE: The undersigned is in compliance with all of the provisions, and shall remain in full compliance with the provisions for the life of any Contract resulting from this solicitation. Bidder is qualified to perform any such Contract and possesses, or shall obtain, all requisite licenses and/or permits to complete performance; shall to cover its performance under any such Contract; and shall comply with relevant prevailing wage rates and employment laws. To the best of its knowledge and belief has paid all local taxes, tax titles, utilities, motor vehicle excise taxes, water and wastewater bills in Massachusetts as required by Law.

Authorized Signature

CERTIFICATE OF NON-COLLUSION

MGL Chapter 40, Section 4B ½, Chapter 30, Section 39M and/or Chapter 30B, Section 10: Undersigned certifies under penalties of perjury that this bid or proposal is in all respects bona fide and fair and has been made and submitted in good faith without collusion or fraud with any other person. As used in this certification, the work organization, group of individuals, or other business or legal entity.

WARRANTIES/GUARANTEES

All prospective bidders on Items/Equipment/Services that carry Warranties and/or Guarantees shall include with their sealed bids a copy of the Warranties and/or Guarantees, as well as a copy of the Warranties and/or Guarantees on the items being bid, if applicable. Warranty starts after the date of acceptance by the using department. Please complete the following and specify if Warranty/Guarantee is for more than contractually required one-year period:

CONTRACT FOR ON-CALL PROFESSIONAL ENGINEERING

BBYY AANNDD BBEETTWWEEEENN

THE CITY OF GARDNER & THE GARDNER MUNICIPAL AIRPORT

AANNDD

THIS AGREEMENT, entered into as of this day of ____________, 20259, 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 Municipal Airport, having its principal place of business at

499 Airport Road, Templeton, 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 planning consultants to provide services for various airport projects; 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 airport projects including, but not limited to:

A. Rehabilitate Access Road B.

C. T-Hangar Construction D. Construct SRE E. Vegetation Management Plan F. Avigation Easement Acquisitions G. Design/Bid/Permit for Tree Clearing H. Construction Phase Services for Tree Clearing I. Installation of Fencing/Gates/Access Controls J. Administration Building Improvements

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 November 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 each SCOPE OF SERVICES notice, 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. Drug Free Workplace Certification C. Tax Attestation D. Non-Collusion Affidavit E. Appendix 1, Compensation F. 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.

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: City of Gardner / Gardner Municipal Airport, 95 Pleasant Street, Gardner, MA. 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 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 Gardner Municipal Airport. The CITY shall provide payment for said request, subject to the availability of funds from and the approval by the Federal Aviation Administration, 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 any grant funded projects, 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 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, if applicable to the project.

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 costs and expenses of litigation, of or by anyone to the extent caused by, arising out of, or occasioned by the negligent or willful 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…