City of Fitchburg, Massachusetts

PROCUREMENT IN BRIEF

Solicitation Title On-Call Electrical Solicitation Number 27-030 Project Address 718 Main Street Contracting Department Facilities Solicitation Issue Date 09/09/2026 Info meeting/site visit Date and Time - Info meeting/site visit Location - Last day for questions 09/18/2026 Due Date and Time 09/24/2026 @ 11:00 AM Point of Contact All information with respect to this solicitation shall be directed to the

Chief Procurement Officer, including questions, clarifications, or observations. Respondent shall not contact any City employee, agent, official, department, department head, or agent with regards to this solicitation. Doing so may lead to disqualification.

Governing Procurement Law c. 149 Wage Requirements This contract is subject to Prevailing Wage requirements and the contractor shall pay prevailing wage rates in accordance with the applicable wage rate schedule from DLS included with the solicitation documents.

Payment Bond Requirements 50% Bond required for projects costing less than $50,000 Number of Copies Required Submit one (1) signed original response (forms only).

Assembly of Submittal

Response shall be in single-sided format only, and not bound in any way with metal or plastic binding, or in a binder of any sort, or with multiple staples. A single staple in a top corner of the document will be accepted, if necessary.

Please help us reduce waste by following these guidelines!

Opening of Responses Responses will be opened on the due date and a summary posted to the City website within 24 hours after the opening.

Response shall be delivered or mailed before the response deadline to:

City of Fitchburg

Purchasing Department Attention: Chief Procurement Officer

718 Main Street, Suite 208 Fitchburg, MA 01420

Solicitation #27-030 Request for Quotes for On-Call Electrical Services

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GENERAL INSTRUCTIONS

1. The City of Fitchburg may cancel this solicitation, in whole or in part, or may reject all submittals, whenever such action is determined to be fiscally advantageous to the City of Fitchburg, or if it is otherwise in the best interest of the City of Fitchburg.

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

3. Respondents may correct, modify or withdraw the original submittals on or before the date and time stated. Corrections or modifications shall be in sealed envelopes, clearly marked to indicate the contents, with the name and address of the respondent. Any late correction or modification to the submittal will not be accepted.

4. Each respondent shall be presumed to have read and be thoroughly familiar with these documents. Unfamiliarity with these documents shall in no way relieve any respondent from any obligation in respect to his/her submittal.

5. It is understood that the respondent’s submittal to the City of Fitchburg will remain valid until execution of the contract.

The successful respondent’s submittal shall be attached thereto and become a part of the contract between the City of Fitchburg and the respondent.

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

7. All costs involved in preparing the solicitation submittal will be borne by the respondent; the City of Fitchburg will not be liable for any costs associated with the creation of the solicitation. The respondent shall be familiar with all federal, state, local and other laws relating to this type of work and shall obtain all permits required and shall pay all expenses for same.

8. Responses which are incomplete, conditional or obscure, will be rejected. No award will be made to any respondent who cannot satisfy the Awarding Authority that there is sufficient ability and sufficient capital to enable the respondent to meet the requirements of these specifications. The Awarding Authority’s decision or judgment on these matters shall be final, conclusive and binding.

9. Response to this solicitation acknowledges the respondent's acceptance of all sections and requirements of this document. If the respondent’s submittal does not comply with the requirements of this solicitation, or if an item is not understood in any way, a copy of that section of the solicitation must then be included in the submittal and all its copies must clearly state the deviation, additions, or other comments.

10. Note that municipal employees and their family members are not allowed to have a financial interest in a contract with the City of Fitchburg if they are employed by the City. Municipal employees and family members are forbidden to solicit or accept gifts, gratuities, or favors from anyone seeking to conduct business with the City. Incidents of this nature will be reported to the appropriate authorities for investigation.

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DETAILED INSTRUCTIONS AND GUIDANCE

Informational Meeting and Site Visit

If scheduled, potential responders are requested to attend an informational meeting and site visit. Attendance is not mandatory but strongly recommended.

Questions and Clarifications

1. Respondents shall promptly raise the issue of any ambiguity, inconsistency or error they discover upon examination of the documents, the work site, or any other conditions which apply to the work.

2. Questions requiring clarification and other inquiries shall be submitted in writing to the Chief Procurement Officer only, prior to the due date and time. Should it be found necessary, a written addendum will be incorporated into the solicitation and will become part of the contract.

a. Those who have received the documents via the City’s online solicitation portal (registered plan holders) will be notified of addenda. Respondent shall acknowledge all addenda. Failure to do so may be cause to reject the submittal as unresponsive.

b. Questions that may be asked during any informational meeting must be sent in writing in order to receive an official response.

3. All documents related to, and included with, this solicitation, are available on the City website, which should be the respondent’s only resource for seeking documents. Complete sets of solicitation documents shall be used in preparing responses; neither City nor Architect/Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of documents, documents provided by third parties, or for modifications to the documents not made by official addenda, including electronic conversion.

4. Oral communications are not binding on the City and only written responses by the City will be considered.

5. Questions received after the due date will not be responded to unless the City determines it necessary.

Basic Quality Requirements

1. Respondent may be asked to demonstrate experience on past work is comparable in type and complexity to the product, service, or work being quoted.

2. Respondent shall not presently be debarred from entering into a public contract in the Commonwealth of Massachusetts under any other applicable debarment provisions of any section of Massachusetts General Law, or any rule or regulation promulgated thereunder, including debarment under Worker’s Compensation or Department of Revenue statutes.

3. Respondent shall not have any outstanding liabilities for wages, damages, interest, fines or penalties due to an employee or the Commonwealth of Massachusetts, or the City of Fitchburg.

4. Respondent shall provide specific details regarding the circumstances surrounding the invocation of bonds on any of their projects or projects of a successor company performed within the past five years.

Submittal Instructions

1. Submittal must be received per the time frame outlined in the notice.

2. Proposal shall be addressed and delivered to the Chief Procurement Officer, City Hall, 718 Main Street, Suite 208, Fitchburg, MA 01420. City Hall is open from 8:30 am to 4:30 pm on weekdays.

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SPECIAL INSTRUCTIONS FOR PROPOSAL PACKAGE DELIVERIES: If the solicitation is to be dropped off in person, go to the Purchasing Office on the second floor. Leave ample time before the deadline time to deliver your response.

Responses arriving late or left in any outside receptacle will be rejected and returned unopened.

3. Response shall include all required forms and the price submittal form supplied by the City, and shall be signed as indicated. Any and all addenda shall be acknowledged with the solicitation submittal. W-9 form must also be provided to be set up as potential vendors or contractors to the City.

Preparation of Responses and Alternates

1. The Price Proposal must be completed in its entirety.

2. Respondents must acknowledge all required alternates on the Price Proposal (where indicated).

3. If an alternate includes work with the respondent’s scope and does not involve a change in the cost of the response, the respondent must indicate by writing “no change” or “n/c” or “0” in the space provided for that alternate.

4. Price Proposal shall encompass everything necessary for furnishing all items, materials, supplies or services as specified, and in accordance with the specifications, including packing, shipping, cost of delivery, mobilization, permitting, and special licenses or certifications.

5. In the event of a discrepancy between the unit price and the extended price, the unit price shall prevail.

6. In order to qualify, the respondent must provide prices for each required item within a section, where applicable.

7. Prices should be made on each separate item of work shown on the form, with reasonable relation to the probable cost of performing the work included in such items.

8. The City of Fitchburg reserves the right to reject wholly any response where an item or items thereof are obviously unbalanced or appear to, in the City’s opinion, to be unbalanced to the point of adversely affecting the interests of the City and being unfair to other respondents.

Permit and License Fees

Contractor is responsible for obtaining necessary permits to perform the work associated with this project. The City will waive permit fees. License fees are not waived by the City and the contractor shall pay all license fees.

Police Details

Unless otherwise noted in the specifications, the contractor shall be responsible for requesting and paying for all necessary police details. These costs should be incorporated into the price proposal wherever applicable.

Exceptions

The City retains the sole discretion to consider exceptions to the response. No exception will be made that alters or detracts from the scope or specifications. The City’s intent is to purchase precisely what is specified in the document.

Response Opening

1. If, at the time of the originally scheduled solicitation due date, City Hall is closed due to inclement weather or any other unforeseeable event, the solicitation due date will be extended until 2:00 PM on the next normal business day, unless otherwise indicated by an addendum issued by the Chief Procurement Officer.

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2. Responses will be opened after the solicitation due date in the Office of the Chief Procurement Officer, 718 Main Street, Fitchburg, MA, unless stated otherwise in the solicitation documents.

Late Responses

A late solicitation is one that is delivered after the due date and time. If a solicitation is late, it must be rejected as non-responsive, and as such will be returned unopened to the person submitting the solicitation. Should a solicitation be received via USPS/UPS/FedEx or any other courier service, it shall be refused upon attempted delivery. If mailed, it shall be returned unopened.

Rule for Award

Selection of responsible and eligible contractors will be based upon the lowest total hourly rate which will be determined by adding the rate for normal business hours (Monday thru Friday 7AM – 5PM) plus the rate for nights/weekends.

Award of this contract shall be made to the lowest responsible and eligible bidders, in accordance with MGL Chapter 149, within thirty (30) business days, after the opening of the bids.

Deciding Tied Responses

On the rare occasion of a tie solicitation, the City must use a tie-breaking method which is fair to all respondents. It will be the policy of the CPO to direct the respondents to conduct a “second heat” whereas they will be asked to send an additional price proposal with a new solicitation form on a date and time specific. Should the “second heat” also result in a tie, award will be made to the respondent whose official address/location is closest to the project site.

Award and Contract

1. The City shall reject solicitation submittals which do not meet the minimum requirements.

2. In no case will the award be made beyond thirty (30) days unless the respondent agrees to extend the period of time in which the solicitation submittal is valid.

3. Responses will first be evaluated for timely receipt and responsiveness. Those that are received on time and meet the minimum criteria will be evaluated for price, responsibility, relevant experience.

4. “Lowest responsible and eligible respondent” shall mean the respondent whose solicitation is the lowest of all responses and who, in the Awarding Authority’s opinion, are able to comply with all the requirements of the contract documents, and who possess the skill, ability, and integrity necessary to perform the work, based on the determination of past performance and financial soundness under MGL. c. 149.

5. Prior to award, the City will also conduct reference checks, which may include direct contact with provided references, database searches, independent reviews, and first-hand experience of the City where applicable.

6. The City reserves the right to award multiple contracts when so stated in the solicitation, and when it is in the best interest of the City.

Contract Execution

1. Respondents are expected to review the sample contract. Unless otherwise noted by the City, the terms and conditions contained therein are not negotiable.

2. Once the respondent has been identified as eligible for a contract, the CPO will draft the final contract. If a respondent asks to supply the contract, the CPO may choose whether to use the contract; however, if used it will be adapted to the

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City’s format prior to distribution for signatures. The first signature on any contract shall be the respondent’s signature.

3. A contract packet will be considered complete when returned from the respondent with all required documents, which may include insurance certificates, bonds, guarantee or warranty documents.

4. In accordance with MGL. c. 110G, §7 (the Massachusetts Uniform Electronic Transactions Act) the City may utilize electronic signatures at their own discretion, and said electronic signatures shall be legally binding.

Authority to Sign Contracts

1. The Mayor is the only person authorized to execute a contract on behalf of the City, per the City Charter. Service agreements, construction contracts, contracts for goods/services, real estate, lease or purchase of equipment, and any document containing terms and conditions, must be signed by the Mayor or will be considered non-binding.

2. The Mayor will not apply their signature to any contract without all prior authorized signatures being affixed, using the

City’s standard signature block.

3. Upon receiving the Mayor’s signature, the contract is considered fully executed and ready for distribution. One fully executed copy is returned to the contractor.

Protests

Any vendor or contractor intending to protest an award is instructed to do so by submitting, in writing, specific contentions.

All correspondence in this regard must be directed to the Chief Procurement Officer, who will confer with legal counsel and determine the basis for the protest. The City will respond in writing within ten (10) days of receipt of the protest.

Contract Term and Extensions or Renewals

The term of this contract shall be as indicated in the documents. There will be no extensions or renewals beyond what is specified as the maximum contract obligations within the documents.

Proposed Contract Term

The initial term of this contract will be for a period of one year beginning upon award and ending on September 30, 2027. At the sole discretion of the City of Fitchburg, the contract may be renewed in one year increments for a total period not to exceed five years.

Occupational Safety and Health

Pursuant to MGL. c. 30, §39S(a)(2) all employees to be employed on the project must have successfully completed a course in construction safety and health approved by OSHA and of at least ten (10) hours in duration.

Contractor must provide written certification of compliance with Massachusetts and federal laws with respect to the employment of workers.

Participation and Workforce Goals

MBE/WBE PARTICIPATION GOALS - If funding for this Project is provided by the Commonwealth of Massachusetts, in whole or in part (such as reimbursements, grants and the like), the contractor shall be required to meet the current applicable minority-owned business enterprise (MBE) and women-owned business enterprise (WBE) participation goals, as determined by DCAMM. Currently, these goals are 4.2% MBE, and 8.8% WBE for construction. Only firms SDO certified as MBE or WBEs can be credited toward meeting project MBE or WBE goals.

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Successful contractor must utilize both MBE and WBE firms whose participation meet the participation goals set for the contract. Participation plans that do not meet the participation goals will not be considered responsive. Contractors who are MBE or WBE certified may use their participation towards meeting the goal for the certification held. Participation will be tracked and reported.

WORKFORCE PARTICIPATION GOALS - If funding for this Project is provided by the Commonwealth of Massachusetts, in whole or in part (such as reimbursements, grants, and the like), the contractor shall be required to meet Workforce Participation Goal Requirements in accordance with MGL. c. 149 § 44A(2)(G) which are currently 6.9% for women workers and 15.3% for minority workers. At any point during the contract period, the City may require of the contractor a report of the projected or current makeup of the contractor’s workforce. Failure to submit this report when requested could result in penalties as enumerated in the statute.

The City encourages the participation of Service-Disabled Veteran-Owned Business Enterprises (“SDVOBE”) and Veteran Business Enterprises (VBE); Lesbian, Gay, Bisexual, and Transgender Business Enterprises (LGBTBE); and Disability-Owned Business Enterprises (DOBE) on its contracts.

CORI Policy

Massachusetts General Law requires Criminal Offense Record Inquiry (CORI) checks be conducted on contractors, subcontractors, or laborers commissioned to do work on certain municipal projects. Contractors shall comply with CORI policies by providing CORI forms for all employees to be working on site, when required by the City.

Respondent’s Tax Status

All those doing business with the City will be required to certify under the penalties of perjury, pursuant to Massachusetts General Laws Chapter 62C, Section 49A, that to the best of their knowledge and belief, they have complied with all laws of the Commonwealth of Massachusetts relating to taxes, reporting of employees and contractors, and withholding and remitting child support.

Appropriation of Funds

All contract obligations on behalf of the City are subject to prior appropriation to cover the full extent of the contract.

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GENERAL BID INFORMATION

Introduction

The City of Fitchburg is seeking qualified electrical contractors capable of performing various electrical maintenance and repair services. The equipment to be covered includes all electrical systems and all associated components, including fixtures, lighting, cabling, outlets, wiring, etc.

The purpose of this bid is to establish contracts with pre-qualified electrical firms from which departments can readily obtain needed services in a cost-effective manner. The City intends to make up to three (3) awards to various contractors who demonstrate their qualifications as identified, offer the lowest hourly rates and respond by the due date given above.

Projects estimated to cost greater than $50,000 will be bid separately under the auspices of MGL Chapter 149. This service contract will only cover jobs with a total cost under $50,000 per job inclusive of all material and labor.

For all non-emergency work a written estimate shall be provided prior to commencement of work including anticipated staffing levels.

Contractors must possess a valid license/registration to perform services in Massachusetts. A copy of license/registration must be submitted with the bidder’s response.

Contractors must have at least five (5) years of relevant experience in the electrical trade prior to responding to this bid and shall not be debarred from doing public work in Massachusetts.

SCOPE OF SERVICES AND SPECIFICATIONS

Contract and Performance Specifications

The Contractor(s) shall be expected to perform routine and emergency electrical services at such facilities as listed in Attachment A. Electrical maintenance services shall cover electrical fixtures and systems. A written estimate shall be provided prior to commencement of non-emergency work.

All work performed throughout the duration of the contract must be guaranteed for one year from acceptance by the contractor and be completed in a workmanship-like manner according to applicable codes, and industry-accepted standards Unless otherwise stated in specifications for a particular job the contractor will supply all labor, equipment, materials, parts and supplies necessary to complete a service.

The contractor will be responsible for securing any and all necessary permits required prior to commencing work on any job.

The City may waive permit Fees under its jurisdiction.

Emergencies require an immediate response 24 hours and 7 days a week for service. Contractor shall be on site for an emergency as requested. Please respond in your bid if you are unable to abide by this.

Contractors must respond to an emergency request within four (4) hours after receiving a service request call and must be prepared to have an employee on site within twenty-four (24) hours of the initial contact.

If requested for non-emergency work, a site visit must be scheduled in a reasonable period, which must be agreed upon by the requesting department. This shall normally occur within twenty-four (24) hours, but as needs and circumstances will vary, it is expected that a contractor will accommodate the needs of a department. All appointments made between a contractor and a department must be kept unless the department agrees to a change. Failure on a contractor’s part to keep appointments may result in termination of the contract. All quotes must be provided at no cost to the department. Contact phone numbers of the contractor must be provided to

The contract shall also include a materials markup percentage for all supplies utilized in performing the work.

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It is intended that the Contractor shall accomplish the majority of work during normal business hours and on a straight time basis. Work shall not be accomplished on an overtime basis unless prior approval has been obtained from the department.

Standard hours of work shall be Monday-Friday 7:00 AM until 5:00 PM.

Ideally, one Tradesman shall be assigned to work on a job per approved proposal. Prior permission must be received before the contractor can assign additional staffing to the job, including apprentice labor unless it was part of the original proposal.

The City reserves the right to question whether additional personnel are warranted on a particular job based upon each job.

Special attention will be given to allow for assistance when needed. Contractor must arrive at any routine job that he has quoted prepared with the appropriate personnel, equipment and supplies to perform the project with minimal off-site time and travel.

Contractor shall only use trained/licensed personnel who are directly employed and supervised by the Contractor unless prior approval is obtained. Contractor shall not subcontract or sublet any portion of the work without the written consent of the City.

City reserves the right to inspect any and all work performed and in progress under these contracts. Any omission or failure on the part of the City’s representative to disapprove or reject inferior or defective work or materials shall not be construed to be an acceptance of such work or material. If any defective work or material is found during inspection, the contractor shall remove or repair its own expense, such defective work or material rejected and shall rebuild and/or replace it without extra charge.

All materials and equipment provided under the contract shall be listed and labeled for the purpose intended. All work provided under this contract shall have, as a minimum, a one (1) year warranty from the date of final completion thereof against any latent defects, design, materials, workmanship and installation.

Contractor shall provide a written one (1) year warranty for equipment installed during the contract period. Warranty Certificate shall be provided to the agency/Entity that places the order. Contractor warrants that, unless otherwise specified, all materials and equipment, incorporated in the work under the Contract shall be new, first class, and in accordance with the Contract Documents or proposal. Contractor further warrants all workmanship shall be first class and in accordance with the Contract Documents or proposal and shall be performed by qualified personnel. Work not conforming to these warranties shall be deemed unacceptable.

Acquisition Method & Contract Value

Selection of a contractor for needed service(s) will be left to the sole discretion of the department requiring the services.

Departments will contact contractor to request an estimated price and information on availability of the contractor.

Specifications may be developed and delivered to contractors with a request for a written proposal for a job. Contractors shall be asked to provide a quote on an hourly basis with an additional amount for supplies and materials. Certain circumstances may require site visits. Contractor must adhere to the Prevailing Wage laws incorporated as part of this bid.

It is estimated that the value of services required during the one year term of this contract shall be $150,000. Contractors shall note that this total is an estimate and not guaranteed, especially since the City reserves the right to award multiple contracts under this solicitation.

Contractor’s Liability

1. The Contractor hereby assumes the entire responsibility and liability for any and all injury to or death of any and all persons, including the Contractor’s employees, and for any and all damage to property caused by, resulting from or arising out of any act, omission, or neglect on the part of the Contractor or of any subcontractor or of anyone directly or indirectly employed by any of them, or of anyone for whose acts any of them may be liable in connection with operations under the Contract.

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2. The Contractor further agrees to indemnify and hold harmless the City including the agents, employees, and representatives from and against all claims, damages, losses and expenses, including attorneys’ fees, arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting there from, and (2) is caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder.

3. In any and all claims against the City or any of their agents or employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under Workmen’s Compensation Acts, disability benefit acts or other employee benefit acts.

4. The intent of the specifications regarding insurance is to specify minimum coverages and minimum limits of liability acceptable under the Contract. It is the Contractor’s responsibility to purchase and maintain insurance of such character and in such amounts as will adequately protect him and the entity from and against all claims, damages, losses and expenses resulting from exposure to any casualty liability in the performance of the work, except for exclusions defined herein before.

Contractor Performance Criteria

Each contractor’s performance will be evaluated on an ongoing basis and these evaluations will be utilized in determining whether to renew a contract. Contractors must notify the City within seven (7) days of any change in address, phone, email accounts or fax numbers and or contact names.

User departments will be surveyed as to their satisfaction with the contractor’s performance under the contracts. Such surveys may include, but not be limited to, satisfaction with the contractor’s performance, timeliness of response, billing accuracy and documentation compliance. Not maintaining a satisfactory rating may be grounds for early termination or non-renewal of that contractor’s contract.

Contractor performance will also be measured based upon the number of complaints received from user departments. A high number of unresolved complaints will result in a warning to the contractor and may lead to early termination or non-renewal of that contractor’s contract.

Contractor Requirements

Contractor shall:

Employ an electrician who has been regularly involved and actively engaged in electrical services while performing the type of work as described in this bid document, for a minimum of five (5) years;

Directly employ a minimum work force consisting of not less than two (2) full time electricians holding at least a

Commonwealth of Massachusetts License;

Maintain a minimum of two (2) service trucks that are either owned or leased and available for use by the work force on a full time basis and are stocked with consumable supplies and repair parts associated with the electrical trade;

Maintain a twenty-four (24) hour, seven (7) day a week emergency response telephone number that is staffed by a person and not an answering machine;

Carry the amount of insurance as shown in the insurance requirements;

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Pay wages under this contract per the applicable rates as listed in the Prevailing Wage Rates Schedule that has been made part of this bid.

Charges for Equipment Rental

Any equipment that is rented by the Contractor in the performance of this contract shall require prior approval of the City and, if approved, may be charged to the City at the same rate as invoiced by the rental company.

FITCHBURG MUNICIPAL AND SCHOOL BUILDINGS

Fire Department Headquarters 33 North Street Oak Hill Station 128 Fairmount Street Summer Street Station 42 John Fitch Highway Police Department Headquarters 20 Elm Street Senior Center/Armory 14 Wallace Avenue Public Library – Est reopen 1/1/2027 610 Main Street Public Library – Temporary 166 Boulder Drive City Hall 718 Main Street City Hall Legislative Building 700 Main Street Department of Public Works 301 Broad Street Putnam Street Garage 400 Putnam Street Main Street Garage 412 Main Street Fitchburg High School 140 Arn-How Farm Road Goodrich Academy 55 Goodrich Street Longsjo Middle School 98 Academy Street Memorial Middle School 615 Rollstone Street McKay Arts Academy 67 Rindge Road South Street Elementary School 376 South Street Crocker Elementary School 200 Bigelow Drive Reingold Elementary 70 Reingold Avenue Wanoosnoc School 44 Wanoosnoc Road East Wastewater Plant 24 Lanides Lane, Leominster West Wastewater Plant Princeton Road Regional Water Treatment Facility 18 Hager Park Road, Westminster Falulah Water Treatment Facility 1200 Rindge Road

The City retains the right to deletions and additions of addresses during the contract term

CITY OF FITCHBURG

CONTRACT BETWEEN CITY AND CONTRACTOR

(MA GENERAL LAW c. 149, PUBLIC CONSTRUCTION)

CONTRACT NO.

CONTRACT TITLE:

CONTRACTING DEPARTMENT:

THIS CONTRACT is made this __ day of [insert date], by and between [insert Contractor name] with a usual place of business at [insert Contractor legal address] (hereinafter called the Contractor), and the City of Fitchburg, a municipal corporation duly organized under the laws of the Commonwealth of Massachusetts, acting through its Mayor, (hereinafter referred to as the City).

WITNESSETH that the Contractor and the City of Fitchburg, for the consideration hereinafter named, agree as follows:

In all respects, this Contract shall be governed by and performed consistently with all laws of the Commonwealth of Massachusetts for public construction Contracts including but not limited to Massachusetts General Law c. 149. The provisions of the Massachusetts General Laws regarding public construction shall take precedence over any and all other Contract provisions or documents. Any conflicts among provisions and/or between documents shall be resolved and/or interpreted according to the Massachusetts General Laws (MGL). The Contractor warrants that it is familiar with and agrees to abide by all laws of the Commonwealth of Massachusetts.

ARTICLE 1. CONTRACT DOCUMENTS

a) The City and the Contractor agree that the Contractor’s bid, including any related documents, prices, deliverables, or services promised, and the City’s Solicitation, including any purchase description, specifications, submission requirements, scope of work, drawings, and any other related documents are all incorporated and made part of this Contract as if written herein. These documents form the entire Contract between the parties and there are no other Contracts between the parties.

b) This Contract is only binding upon, and enforceable against the City if the Contract is:

i. Signed by the Mayor;

ii. Signed by the City Auditor as to appropriation or availability of funds;

iii. Endorsed with approval of the City Solicitor as to form and legality;

iv. Signed by the Chief Procurement Officer as to compliance with procurement statutes.

ARTICLE 2. SCOPE OF THE WORK

The work comprises the completed construction required by the Contract documents and includes all labor, tools, materials, supplies, equipment, approvals, permits, paperwork, calculations, submittals, and certificates necessary to develop, construct, and complete the work in accordance with all laws, and all construction and other services required to be supervised, overseen, performed, or furnished by the Contract or that Contract documents require. The Contractor agrees to meet or exceed all requirements of this Contract and the Contract documents.

ARTICLE 3. TERM OF CONTRACT

This Contract shall commence [insert start date] and expected completion date will be [insert completion date].

ARTICLE 4. CONTRACT SUM

The Contractor shall provide and perform for the Contract price all of the duties and obligations set forth in the Contract documents.

CONTRACT # Page 2 of 18

The City shall pay the Contractor for the performance of this Contract a sum NOT TO EXCEED [enter price in numbers], including all labor and materials, and based upon unit prices on bid form.

The signature of the City Auditor at the time of execution of this Contract certifies that sufficient appropriations exist and shall be encumbered to fund the Contract price. This Contract is subject to appropriation and shall be made only for work performed in accordance with the terms of this Contract.

ARTICLE 5. CONTROL OF WORK AND ADMINISTRATION OF THE CONTRACT

a) Any of the powers, rights, and duties of the Designer may be exercised by the City, provided that the City shall be under no obligation to do so. The City may explicitly overrule in writing any action, determination, or decision of the Designer should the City choose to do so, expect to the extent that the same would violate applicable law. Except as otherwise specifically provided, the Designer shall decide all questions which may arise as to the conduct, quantity, quality, equality, acceptability, fitness, and rate of progress of the work performed and materials furnished under this Contract, and shall decide all questions which may arise as to interpretation of the specifications and drawing, and fulfillment of the Contract.

b) The City’s designee(s) and the Designer and design team may enter upon the work, the site, and premises, at any time and the Contractor shall provide safe facilities therefore.

ARTICLE 6. WORKING HOURS

a) Unless otherwise required by the Contract documents, or directed in writing by the Designer or the City, work shall be performed during regular work hours, which, unless prescribed otherwise shall be 7:00 am to 5:00 pm, local time. Should the Contractor want to carry on work outside of regular working hours, the Contractor shall provide at least forty-eight

(48) hours’ notice to allow satisfactory arrangements to be made and for the City to approve the request.

b) Work performed outside of regular working hours set forth above, without consent or knowledge of the City, shall be subject to additional inspection, the cost of which shall be borne by the Contractor whether the work is found to be acceptable or not.

ARTICLE 7. PROJECT SUPERVISION

The Contractor shall provide a qualified supervisor to oversee all work in the field. This person shall be an employee of the Contractor. The Contractor shall submit for review and written approval by the Engineer, the qualifications, projects history and references of the proposed Project Supervisor, prior to beginning work. The Project Supervisor shall be on the project site at all times while any work is being performed and shall be responsible for the coordination, quality, timeliness and performance of the work of the Contractor and the sub-Contractor(s). Should the Project Supervisor need to be absent from the work at any time, the Contractor shall provide a pre-approved alternate to assume the duties. The alternate must be approved (in a manner similar to the Project Supervisor) prior to assumption of duties.

ARTICLE 8. EMPLOY COMPETENT PEOPLE

The Contractor shall employ only competent people to do the work. Whenever the City shall notify the Contractor in writing that any person under the Contractor’s employ is, in the City’s opinion, incompetent, unfaithful, disorderly or otherwise unsatisfactory, or not employed in accordance with the provisions of this Contract, such person shall be discharged from the work and shall not again be employed on the Project, except with the consent of the City.

Contractor shall dismiss from the project any individual employed by the Contractor or any Subcontractor or supplier who is found by the Contractor, the City, or a City designee to be under the influence of drugs or alcohol, or in any other way incompetent, guilty of misconduct, or detrimental to the project.

ARTICLE 9. DEBARMENT

Contractor certifies under the pains and penalties of perjury that it, its agents, Subcontractors, and employees are not presently debarred from entering into a public Contract in the Commonwealth of Massachusetts under the provision of MGL

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c. 29, §29F, or any other applicable debarment provisions of any other Chapter of MGL or any rule or regulation promulgated thereunder.

ARTICLE 10. UTILITIES, NOTICES, AND PERMITS

a) It is the Contractor’s responsibility to secure, obtain, and pay for all licenses, permits and approvals, and administrative prerequisites to performance of this Contract unless otherwise noted in the Contract documents.

b) The Contractor shall pay all charges and fees, and cause appropriate Subcontractors to pay for all utilities required for the proper execution of the work.

c) The Contractor shall comply with all laws and shall give all notices required.

ARTICLE 11. TELEPHONE, DATA, WI-FI

The Contractor shall provide and maintain separate individual telephone, data, and wi-fi service and pay for all calls, data service, and wi-fi service relating to the work.

ARTICLE 12. SALES TAX EXEMPTION

The City is exempt from federal excise, state and local taxes, and from Massachusetts sales and use tax. The City’s tax exempt number is 046-001-388.

Materials, equipment, and supplies, as well as rental charges for construction vehicles, equipment, and machinery rented exclusively for use on the site or for transportation of materials for the work are entitled to exemption from sales taxes in accordance with MGL c. 64H, §6(d). The Contractor shall take all action required to obtain the benefit of said sales tax exemption.

ARTICLE 13. MATERIALS AND WORKMANSHIP

Unless otherwise specified, all materials and equipment incorporated in the work under the Contract shall be new, unused, of recent manufacture, assembled, and used in accordance with the best construction practices. All workmanship shall be first class and by persons qualified in the respective trades.

ARTICLE 14. OBLIGATIONS AND LIABILITY OF CONTRACTOR

a) The Contractor shall do all the work and furnish all the materials, tools and appliances, except as otherwise specified and all items necessary for proper performance and completion of the work required by this Contract, in the manner and within the time specified herein. The Contractor shall complete the entire work to the satisfaction of the City, and in accordance with the specifications and drawings, at the prices agreed upon. All work, labor and materials to be furnished under this Contract shall be furnished strictly pursuant to, and in conformance with the specifications, and the instructions of the City’s designee as given from time to time during the progress of the work, under the terms of this Contract, and in accordance with Contract Drawings.

b) The Contractor shall coordinate operations and avoid interference with the operations of any other Contractors who may be employed on other work of the City and shall cooperate in the arrangements for storage of materials. The Contractor shall maintain all utilities and shall be responsible for the coordination of all required utility relocations unless stated otherwise in the Contract Documents.

c) The Contractor shall conduct work so as to interfere as little as possible with private business and public travel.

Contractor shall, wherever necessary or required, maintain fences, provide watchmen, maintain lights, and take such other precautions as may be necessary to protect life and property and shall be liable for all damages occasioned in any way by their act or neglect, or that of their agents, employees or workers.

d) The Contractor shall take all responsibility for the work done under this Contract; for the protection of the work; and for preventing injuries to persons and damage to property and utilities on or about the work. The Contractor shall

CONTRACT # Page 4 of 18 in no way be relieved of responsibility by any right of the City’s designee to give permission or issue orders relating to any part of the work, nor by any such permission given or orders issued, nor by failure of the City’s designee to give such permission or issue such orders.

e) Any materials, reports, information, data, etc. given to or prepared or assembled by the Contractor under this Contract are to be kept confidential and shall not be made available to any individual or organization by the Contractor (except agents, servants, or employees of the Contractor) without the prior written approval of the City, except as otherwise required by law. The Contractor shall comply with the provisions Chapter 66A of the General Laws of Massachusetts as it relates to public documents, and all other state and federal laws and regulations relating to confidentiality, security, privacy and use of confidential data.

f) Any materials produced in whole or in part under this Contract shall not be subject to copyright, except by the City, in the United States or any other country. The City shall have unrestricted authority to, without payment of any royalty, commission, or additional fee of any type or nature, publicly disclose, reproduce, distribute and otherwise use, and authorize others to use, in whole or in part, any reports, data or other materials prepared under this

g) All data, reports, programs, software, equipment, furnishings, and any other documentation or product paid for by the City shall vest in the City at the termination of this Contract. The Contractor shall at all times, during or after termination of this Contract, obtain the prior written approval of the City before making any statement bearing on the work performed or data collected under this Contract to the press or issuing any material for publication through any medium.

ARTICLE 15. CITY TO MANAGE CONTRACT

a) The City’s designee shall in all cases determine the amount, quality, acceptability and fitness of the several kinds of work and materials which are to be paid for under this Contract; shall determine all questions in relation to said work and the construction thereof, and shall in all cases decide every question of fact which may arise relative to fulfillment of this Contract on the part of the City and on the part of the Contractor. The City’s decision shall be final and conclusive upon both parties to this Contract. Any differences or conflicts arising between the Contractor and other Contractors of the City in regard to their work, shall be adjusted and determined by the City’s designee.

b) The City’s designee shall make all necessary explanations as to the meaning and intention of the drawings and specifications, and shall give all necessary orders and directions. The order or sequence of execution of work and the general conduct of the work shall be subject to the approval of the City’s designee, who shall have authority to direct the order or sequence where public necessity or welfare shall require. However, such approval or direction shall in no way affect the responsibility of the Contractor in the conduct of the work except for extension of time as necessary and approved in writing.

ARTICLE 16. DISCREPANCIES, ERRORS, AND OMISSIONS

a) Prior to commencing the work, the Contractor shall carefully examine the Contract documents and compare all specifications, drawings, figures, dimensions, lines, marks, scales, directions of the designer and City, and any other information provided, and shall at once report to the City any questions, comments, errors, inconsistencies, or omissions.

b) Should any discrepancy appear or any misunderstanding arise as to the significance of any part of the specifications or drawings, the interpretation and decision of the City’s designee shall be final and binding on both parties to this

c) Any correction of errors or omissions in drawings and specifications may be made by the City’s designee when such correction is necessary for the proper fulfillment of the Contract. Where said correction of errors or omissions adds to the amount of work to be done by the Contractor, compensation for said additional work shall be made under a written Change Order except where the additional work may be classed under some item of work for which a unit price is included in the bid submittal.

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d) The fact that specific mention of a fixture, or of any part of the work, is omitted in the specifications, whether intentionally or otherwise, when the same is clearly shown or indicated on the drawings, or is usually and customarily required to fully complete such work as is specified herein, will not entitle the Contractor to consideration in the matter of any claim for extra compensation, but said fixtures or work, or both, must be installed or done the same as if called for by both the drawings and specifications.

All work indicated on the drawings and not mentioned in the specifications, or vice-versa, and all work and material usual and necessary to make the work complete in all its parts, whether or not they are indicated on the drawings or mentioned in the specifications, shall be furnished and executed the same as if they were called for by both the drawings and specifications.

ARTICLE 17. START OF WORK

a) The Contractor shall commence work, at such points as the City may approve, within 45 days after the date of the Notice to Proceed by the City, or, if no such notice is issued, within 60 days after the execution of this Contract by the City.

b) The time of starting may be postponed by written agreement between the City and the Contractor because of expected delays in receipt of materials and equipment, or if the season is unsuitable for commencement of the work, or because of other contingencies clearly beyond the control or responsibility of the Contractor.

c)…