27-06-DPS IFB Manual - On Call Tree Maintenance.pdf

City of Salem, Massachusetts

INVITATION FOR BIDS

IFB # 27-06-DPS

ON CALL TREE REMOVAL, MAINTENANCE & STUMP GRINDING

July 15, 2026

BIDS DUE:

July 30, 2026, 11:00AM

Late Proposals Will Be Rejected

DELIVER COMPLETED SUBMISSIONS TO:

City of Salem, MA

Purchasing Department 93 Washington St., 2nd Floor

Salem, MA 01970

(978) 619-5696 adelaney@salem.com mailto:adelaney@salem.com

IFB No. 27-06-DPS City of Salem, Massachusetts

Purchasing Department

COVER SHEET

The City of Salem reserves the right to reject any or all Bids, to omit any item or items called for, or to accept the bids(s) deemed in the best interest of the City. One Original and One (1) copy of the bids must be submitted on or before 11:00 AM on July 30, 2026, to:

Purchasing Department

Salem City Hall 93 Washington Street, 2nd Floor

Salem, MA 01970

The envelope containing the Bid and required information must be sealed and marked with Proposer’s name, title of proposal, IFB number, and date of opening. The Proposer must sign all required signature pages in order for the proposal to be considered.

The Proposer acknowledges receipt of the following ADDENDA #

BUSINESS/INDIVIDUAL NAME_______________________________________________________

ADDRESS __________________________________________________________

CITY, STATE, ZIP CODE __________________________________________________________

TELEPHONE __________________________________________________________

EMAIL __________________________________________________________

INDIVIDUAL/AUTHORIZED SIGNATURE ______________________________________

AUTHORIZED OFFICER NAME (print) ______________________________________

DATE ______________________________________

By signing above, the authorized officer is certifying that a complete examination of all Bid/RFP documents has been made and that the goods/services will be delivered within the time specified and at the prices stated.

All bidders must sign and submit with their bid the attached Certifications Form. Failure to do so will result in the bid being unresponsive and rejected.

IFB 27-06-DPS

BID SUBMITTAL CHECKLIST

Submissions:

Completed Cover Sheet Checklist (this sheet) Bid Form 5% Bid Deposit Statement of Qualifications Form Required Certifications Form Reference Form

CITY OF SALEM, MA

On-Call Tree Removal, Maintenance & Stump Grinding Services

Description and Specifications of Procurement The purpose of this procurement is for the City of Salem to contract with multiple qualified Tree Care Companies from which the Department of Public Works may select one or multiple Tree Care contractor(s) who are capable of performing various Tree Removal, maintenance and stump grinding services at any time when the department does not have the available resources to do so. The types of services to be covered include, but are not limited to furnish all labor, materials, equipment and incidentals required as specified herein.

Work may be performed as planned maintenance or on an as-needed emergency basis. The contractor will need to perform as-needed emergency work within two (2) hours of receiving notice by DPW senior staff. The contractor/equipment/operator will be under the direction of a DPW senior staff on location.

The company will be required to dispose of all trees, logs, woods chips, debris, excess soil, stump grindings, etc. at their own expense.

The successful bidder must adhere to all local, state, and Federal firewood, lumber, and other woody plant materials quarantines.

The removal of public shade trees within a public way or on the boundaries thereof shall be removed in accordance with Massachusetts General Laws Chapter 87: Public Shade Trees.

When requested, a written estimate shall be provided prior to commencement of work. Projects with an estimated labor cost greater than $50,000 will be bid separately under the auspices of MGL Ch. 30 & 39M. The service contract will only cover specific jobs with a labor cost of less than $50,000. Any job over this amount must follow the required competitive procurement procedures. In addition, any one job under this contract that is expected to cost between $25,000 to $50,000 will require a 50% Payment Bond on the City’s own Payment Bond Form prior to the start of any work.

Selection of a contractor for needed service(s) will be left to the sole discretion of the Department of Public Works or, in some cases, the department requiring the services. The City of Salem anticipates awarding this contract to multiple contractors; therefore, it will not be guaranteed all contracts for services will be solely awarded to one particular contractor throughout the duration of the contract.

All responses submitted by a bidder are binding on the bidder for 30 days following the opening date of the bid, and/or until such time as the bidder withdraws its response in writing prior to the bid opening date and time, addressed to the contact person for this bid.

2. Acquisition Method & Contract Value

The City of Salem will make best efforts to contact all contractors on the contractor list to request an estimated cost quote and information on availability of the contractor. Specifications may be developed and either mailed, faxed or emailed to contractors with a written proposal required to be considered for a job. Contractors may be asked to provide a quote on an hourly basis with an additional amount for supplies and materials or a total cost for the job may be requested. Certain circumstances may require site visits. In all cases, the contractor must adhere to the Prevailing Wage laws (when applicable), which are incorporated as part of this bid, and which are updated on a yearly basis by the City.

It is estimated that the services required during the one-year term of this contract shall be around $50,000 in total.

The Contractor(s) who is/are awarded this bid shall note that this sum of money is only an estimate and not guaranteed, especially since the City of Salem reserves the right to hire multiple contractors and utilize the services of multiple contractors throughout the duration of the contract.

3. Term of Contract and Options to Renew

The initial term of this contract will be for a period of one (1) year beginning on or around September 1, 2026, when the vendor is awarded a contract and ending on August 31, 2027. At the sole discretion of the City of Salem, the contract may be renewed in one (1) year increments for an additional two (2) years.

Approximately 30 days prior to the end of each option, the Purchasing Department will send a letter to the contractors requesting to exercise the option to renew the contract. The contractors will sign a Contract Amendment Form and return this as requested. Contractors are responsible to adhere to all applicable prevailing wage rates throughout the course of the contract.

4. Contract and Performance Specifications

Where required by law, contractors must possess a valid license/registration to perform services in the Commonwealth of Massachusetts. A copy of any required license/registration must be submitted with the bidder’s response.

Contractors must have at least five (5) years of relevant experience in the Tree Care trade prior to responding to this bid. Bidders with less than five (5) years’ experience must submit, with their response, a written request to be exempt from this requirement including a statement explaining why they should be exempt. This is to allow for the addition of a new business whose personnel have excellent qualifications and experience in providing the Tree Removal and Stump Grinding services proposed.

In the event a police detail is required to perform any related service, prior permission from the City of Salem Public Works Department will be required. The Contractor will then be responsible for contacting the Police Department and coordinating the schedule.

Any and all work performed throughout the duration of the contract must be guaranteed by the contractor to be completed in a workmanship-like manner and 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 of Salem will waive all Permit Fees under its jurisdiction. Depending on individual Department needs, emergencies may require 24 hour-7 day a week availability of a service. Please respond in your bid if you are unable to abide by this.

The City of Salem currently follows, Code of Ordinances City of Salem, Chapter 43, in addition to MGL Chapter

87. Any Contractor that is awarded a Contract, by way of this bid process, must adhere to all rules and regulations set forth. Contractor will be provided a copy of the applicable laws.

Contractors must respond to a department, by phone, in a timely manner within four (4) hours after receiving a service request call and must be prepared to have an employee on site within four (4) hours of the phone call. If service is an emergency, contractor must respond by phone within one (1) hour and work must be started within four (2) hours. All quotes must be provided at no cost to the department. Business and Cellular phone numbers of the selected vendors must be provided to the City.

Services solicited through this bid request are subject to the Massachusetts Prevailing Wage Laws. Applicable Prevailing Wage Rates are issued with this bid request. These will become a part of any contract resulting from this bid request. These wage rates will be valid for the duration of the initial term of the contract but must be updated on an annual basis in accordance with Massachusetts General Law. The Purchasing Department will issue a new wage rate schedule for years two and three, should the City exercise its option to renew the contract with the awarded vendor(s). It is the responsibility of the contractor to adhere to the Prevailing Wage Laws and all requirements. The contractor must submit a Weekly Payroll Report Form, which is included with this bid request, to the Purchasing Department within 3 business days of the previous work week.

Work shall be performed under the direction of the Department of Public Works. The Contractor shall specify all regular and overtime hourly rates. The submitted rates shall include complete manpower costs involved with accomplishing the required work.

The contract shall also include a materials markup percentage for all supplies (trees, soil, compost, watering bags, etc.) utilized in performing the work.

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 Director of the requesting Department. Standard hours of work shall be Monday-Friday 7:00 am until 5:00 pm.

All work is to be quality work and shall be performed according to ANSI- A300, Tree Pruning and according to the plans, directions and instructions as presented by the authorized representatives of the City of Salem and must meet all state and local Building Codes.

The hourly rates reflect the amount a contractor will charge per hour only - not per hour per person. Special attention will be given to allow for assistance when needed, or an unexpected part(s) acquisition is needed during a job to contain costs. However, the contractor must arrive at any routine job that he has quoted prepared with the appropriate personnel, equipment and supplies to perform the project with minor off-site time and travel.

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

The City of Salem 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 of Salem’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, at his/her own expense, such defective work or material rejected and shall rebuild and/or replace it without extra charge. Further, if the City deems the work to be unsatisfactory to industry standards, and such decision is agreed to by the owner of the company, the Contractor must provide additional services to remedy the issue at no extra cost.

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 acceptance thereof against any latent defects, design, materials, workmanship and installation.

Contractor shall provide a written one (1) year warranty for equipment and materials installed during the contract period. Warranty Certificate shall be provided to the using agency that places the order. The 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. The Contractor further warrants all workmanship shall be first class and in accordance with the Contract Documents and shall be performed by qualified personnel. Work not conforming to these warranties shall be deemed unacceptable and will not be paid.

5. Submission of Questions

Prospective Bidders may submit questions to the Chief Procurement Officer regarding this solicitation up until five (5) business days of the opening of the bid.

ATTN: Anthony Delaney

(978) 619-5696 adelaney@salem.com

6. Instructions for Submission of Responses Bidder Response Package:

All Bids, including all the required forms with signature included within this bid, are due in the Office of Central Purchasing on or before 11:00 AM July 30, 2026, if at the time of the bid opening Salem City Hall is closed due to some unforeseen emergency, bids will be due and open the next business day at 11:00 AM. The time stamp clock in the Purchasing Department office governs the time. All areas of this bid must be filled out. The City of Salem reserves the right to reject any vendor that does not fill out the bid in its entirety or is late in submitting their bid.

7. Selection Criteria

The purpose of this bid is to establish contracts with pre-qualified Tree Care Companies from which Departments can readily obtain needed services in a cost-effective manner. Thus, the Chief Procurement Officer intends to make awards to various contractors who demonstrate their qualifications as identified, offers the lowest hourly rates in the BID, and responds by the due date given above.

All mandatory requirements in this BID must be met.

The City of Salem reserves the right to reject any and all bids if it is in the public’s best interest to do so.

Selection of 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 Holidays, weekends and evening hours. In the event of a tie, the contractors will be invited back to the Purchasing Office for a random drawing of names which will determine who the contract is awarded to.

Award of this contract shall be made to the lowest responsible and eligible bidders, and in accordance with MGL CH. 30, 39M, within thirty (30) days, Saturdays, Sundays and legal holidays excluded, after the opening of the bids.

8. References

Bidders must submit three (3) business references with whom the bidder has conducted Tree Care services within the last twelve (12) months. A contact name and telephone number must be provided for all references given.

The Chief Procurement Officer has the right to verify any references included in a bidder’s response and to conduct any other reference or credit checks, as the Chief Procurement Officer deems appropriate. The Chief Procurement Officer also reserves the right to use historical information, whether gleaned from references provided, previous contract performance or outside sources in the evaluation of a bidder’s response. Poor references or past history may result in a bidder not being awarded a contract.

mailto:adelaney@salem.com

9. Statement of Qualification

Bidders must submit a Statement of Qualification (Included in this IFB) which indicates at least three (3) years of relevant experience (prior to the release of the bid). The Statement of Qualification must include evidence that the bidder currently has the ability to perform the type, magnitude and quality of work within the scope of the bid. The Statement of Qualification must include a detailed description of information regarding any company bankruptcy proceedings and/or name changes within the last five (5) years. The Chief Procurement Officer reserves the right to confirm the bidder’s Statement and ability to perform the services specified in the bidder’s response.

A bidder who has been in business less than three (3) years may request that the Chief Procurement Officer waive this business requirement, but the Chief Procurement Officer has no obligation to grant such a request. This is to allow for the addition of a new business whose personnel have excellent qualifications and experience in providing the services proposed.

10. Certificate of Non-Collusion All proposers must sign the attached form which incorporates both an attestation clause regarding Massachusetts State tax returns and a Certificate of Non-Collusion and submit it with their Proposal. FAILURE TO SIGN

AND OR SUBMIT THE FORM WILL MAKE THE SUBMITTED BID INVALID.

11. Insurance Requirements All insurance coverages and requirements are listed in the attached SAMPLE CONTRACT. Any Contractor submitting a bid proposal must make themselves aware of these requirements and coverages prior to submitting a bid. The City of Salem will not sign a Contract with any vendor until proof of all required insurance is provided to the City of Salem.

12. 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 Purchasing Department within seven (7) days of any change in address, phone 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 and billing accuracy. 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.

13. Prevailing Wage

Attached copies of Prevailing Wage Rates and the Statement of Compliance from Mass. Dept. of Labor and Industries shall apply to the labor required to perform all work. Those rates must be reviewed and complied with.

Certified Weekly Payroll documents shall be sent to the Public Works Office and Purchasing Office. They shall be sent Three (3) business days after the close of the previous workweek.

14. The specifications, terms, conditions, and detailed requirements of this bid package will become part of any contract that results from this bid request.

15. The Bidder agrees by submitting a bid to indemnify, save harmless, and defend the City, its elected and appointed officials, employees or agents from and against any and all liabilities, claims, penalties, forfeitures, suits, and the costs and expenses incident thereto (including costs of defense, settlement, and reasonable attorney’s fees), which it may hereafter incur, become responsible for, or pay out as a result of death or bodily injuries to any person, destruction or damage to any property, contamination of or adverse effects on the environment, or any violation of governmental laws, regulation, or orders caused, in whole or in part, by the Bidder’s employees, or its agents or servants, in the performance of this Contract.

16. Contractor Requirements It is mandatory that the Contractor meet all of the following requirements.

• Be actively engaged in the Tree Care contracting business while performing the type of work as described in this bid document, for a minimum of five (5) years.

• Contractor must submit a list of staff, including their names, the certifying organizations, and any license or certification number. Although not required, companies with certified arborists on staff may be given preference, even if their price is not the lowest.

• Contractor shall submit a complete list of all contracts performed in the past three (3) years that are similar in scope to this project with contact names and telephone numbers.

• Contractor shall submit a detailed list of the equipment proposed to be used under this contract including year, make, model, and any other identifiers as well as a statement that the equipment listed is well maintained, mechanically sound, and in good/excellent operating condition.

• Contractor shall include a listing of emergency off-hours contact names and telephone numbers as well as a statement of availability of a 24/7 basis.

• Maintain a twenty-four (24) hour, seven (7) day a week emergency response telephone number.

• Carry the required amount of insurance as shown in the insurance requirements enclosed within this contract.

• Rate per hour of the wages to be paid under this contract agreement shall be no less than the applicable rate of wages as determined by the Commissioner of Labor and Industries and announced in the “Minimum Wage Rates Schedule” that has been made part of this bid.

17. OSHA Certification All personnel providing services in support of this contract must have OSHA Training and be OSHA Certified.

18. 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 of Salem and then if approved may be charged to the City of Salem at the same rate as invoiced by the rental company.

19. Bid Security Each bid must be accompanied by a deposit equal to five percent (5%) of the amount of the bid. The bid deposit may be in the form of a certified treasurer’s or cashier’s check payable to the City of Salem from a responsible back or trust company; cash; or a bid bond.

20. Governing Law This Contract will be awarded within the confines of MGL Ch. 30,39M.

21. Assignments & Sub-Contracting The selected vendor shall not assign, sell, subcontract or otherwise transfer any interest in this contract without the prior written consent of the City. The successful bidder shall be fully responsible to the City for the acts and omissions of his subcontractor, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him.

ATTACHMENT A

BID PRICE SHEET

On-Call Tree Removal, Maintenance & Stump Grinding The Salem Department of Public Works will use the following unit bid prices for the purchase of Tree Services in the City of Salem. Bid prices will be applicable to all installations but the bid quantities and items/equipment are estimates and not guaranteed - they will be used to determine the low bidder. The City of Salem reserves the right to request additional pricing for other services/pieces of equipment when needed. The Contract will be awarded to the responsible, responsive bidder offering the lowest aggregate prices for each of the items listed.

The City of Salem reserves the right to award the Contract to as many Contractors as they deem to be in the City’s best interest.

In the event of a discrepancy between the unit price and the extended total price of the item, the unit price will govern.

ITEM DESCRIPTION UNIT

Hourly Rate (Straight Time)

ESTIMA

TED

QUANTI

TY

TOTAL OF

ESTIMATED

QUANTITY

1 Minimum 60-ton crane, including operator Hours $ 80 $

2 Bucket truck with minimum 75’ aerial lift, including operator Hours $ 80 $

3 Chip truck, including operator Hours $ 80 $ 4 Wood chipper, including operator Hours $ 80 $ 5 Log truck, including operator Hours $ 80 $ 6 Stump Grinder, including operator Hours $ 80 $ 7 Skid Steer, including operator Hours $ 80 $ 8 Tub grinder, including operator Hours $ 80 $

TOTAL A: $

ITEM DESCRIPTION UNIT

Hourly Rate (Emerge ncy/Wee kend/Hol idays)

ESTIMA

TED

QUANTI

TY

TOTAL OF

ESTIMATED

QUANTITY

1 Minimum 60-ton crane, including operator Hours $ 80 $

2 Bucket truck with minimum 75’ aerial lift, including operator Hours $ 80 $

3 Chip truck, including operator Hours $ 80 $ 4 Wood chipper, including operator Hours $ 80 $ 5 Log truck, including operator Hours $ 80 $ 6 Stump Grinder, including operator Hours $ 80 $ 7 Skid Steer, including operator Hours $ 80 $ 8 Tub grinder, including operator Hours $ 80 $

TOTAL B: $

GRAND TOTAL (A + B): $

Business Name______________________________________________________

Business Address____________________________________________________

Business Phone ________________________Email _________________________

Name of Person Authorized to sign Price Proposal

Title of Person Authorized to sign Price Proposal

Signature of Above Person Date

ATTACHMENT B

Statement of Qualification

Bid __________ - Tradespersons

This statement is to certify that _______________________________ has been in the business (Company name) of _________________________________________________________________________ (Service(s) provided) for a period of _______ years. We, ________________________________, have the ability to (Company name) perform the type, magnitude and quality of work within the scope of City of Salem Bid No. 27-06-DPS for the services we offer (add any comments below). This company ________________________ has not been involved in any bankruptcy proceedings within the last five years. (If the company has been involved in bankruptcy proceedings, please give a detailed description below.) This company _________________________ has not undergone a name change within the last five years. (If the company name has changed, please provide a detailed description below.)

Contractor Ability/Description:

Bankruptcy proceedings:

Name change information:

I certify to the best of my knowledge that all information above is true and correct.

Authorized Signature Position in Company

Date

ATTACHMENT C

REQUIRED CERTIFICATIONS

REQUIRED CERTIFICATIONS

1. NON-COLLUSION:

The undersigned certifies under penalties of perjury that this bid or proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word "person" shall mean any natural person, business, partnership, corporation, union, committee, club, or other organization, entity, or group of individuals.

2. TAX COMPLIANCE:

Pursuant to M.G.L. c. 62C, §49A, I certify under the penalties of perjury that, to the best of my knowledge and belief, I am in compliance with all laws of the Commonwealth relating to taxes, reporting of employees and contractors, and withholding and remitting child support.

3. CORPORATE BIDDER (if applicable):

I, _______________________________ certify that I am the _____________________ of the corporation named as Bidder in the Bid included herein, that _________________, who signed said Bid on behalf of the Bidder was then ________________________ of said corporation, that I know his signature, that his signature thereon is genuine and that said Bid was duly signed, sealed and executed for and in behalf of said corporation by authority of its governing body.

(Corporate Seal) (Secretary-Clerk)

4. PREVAILING WAGES:

The undersigned bidder or quoter hereby certifies, under the pains and penalties of perjury, that the foregoing bid or quote is based upon the payment to laborers employed on the project of wages in an amount no less than the applicable prevailing wage rates established for the project by the Massachusetts Department of Labor and Workforce Development. The undersigned bidder or quoter agrees to indemnify the awarding authority for, from and against any loss, expenses, damages, action or claims, including any expense incurred in connection with any delay or stoppage of the project work, arising out of or as a result of (1) the failure of the said bid or quote to be based upon the payment of the said applicable prevailing wage rates, or (2) the failure of the bidder or quoter, if selected as the Contractor, to pay laborers employed on the project the said applicable prevailing wages.

5. DEBARRMENT

The undersigned further certifies under penalty of perjury that the said undersigned is not presently debarred from doing public construction work in the commonwealth under the provisions of section twenty-nine F of chapter twenty-nine, or any other applicable debarment provisions of any other chapter of the General Laws or any rule or regulation promulgated thereunder.

6. LABOR HARMONY AND OSHA TRAINING

The undersigned hereby certifies that he is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed on the work; that all employees to be employed at the worksite will have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health Administration that is at least 10 hours in duration at the time the employee begins work and who shall furnish documentation of successful completion of said course with the first certified payroll report for each employee; and that he will comply fully with all laws and regulations applicable to awards made subject to section 44A.

(Signature of authorized individual submitting proposal)

(Printed Name)

(Name of Bidder (if different than name))

(Federal Tax Identification or Social Security Number)

(Date)

ATTACHMENT D

ON-CALL TREE REMOVAL, MAINTENANCE & STUMP GRINDING SERVICES

SALEM, MA

Bid No. 27-06-DPS

REFERENCES FORM

Bidders Name:_____________________________________________________

Bidders Address:___________________________________________________

Bidder must provide references for similar type projects performed within the past three years. Attach additional pages if necessary.

Reference:___________________________________ Contact:______________ Address: ____________________________________ Phone: _______________ ____________________________________________ Fax: _________________ Description and date of Project:_________________________________________

Reference:___________________________________ Contact:______________ Address: ____________________________________ Phone: _______________ ____________________________________________ Fax: _________________ Description and date of Project:_________________________________________

Reference:___________________________________ Contact:______________ Address: ____________________________________ Phone: _______________ ____________________________________________ Fax: _________________ Description and date of Project:_________________________________________

Reference:___________________________________ Contact:______________ Address: ____________________________________ Phone: _______________ ____________________________________________ Fax: _________________ Description and date of Project:_________________________________________

SAMPLE CONTRACT

CONTRACT NO. X-0.0

ON-CALL TREE PLANTING, MAINTENANCE & STUMP GRINDING SERVICES

CITY OF SALEM

CONTRACT FOR SERVICES

Over $10,000

This agreement is made and entered into by and between the City of Salem (hereinafter the CITY), a municipal corporation organized and existing under the laws of the Commonwealth of Massachusetts, and _________________ (hereinafter the CONTRACTOR).

ARTICLE I. DEFINITION.

This CONTRACT as used herein shall mean these articles, and the “contract documents” which include but are not limited to the following identified items and all documents, and forms submitted therewith, or attached hereby.

Attachment A: Scope of Services, and/or other bid package materials Attachment B: Additional Contract Terms and Conditions Attachment C: Statement of Corporate Authority Addenda: ___________

ARTICLE II. AMOUNT AND DURATION.

This CONTRACT in an amount not to exceed $________ shall commence on or about ________ and shall terminate no later than ___________, unless a written amendment to renew or extend this CONTRACT is executed in accordance with the provisions of this CONTRACT.

ARTICLE III. PERFORMANCE.

The Contractor agrees to provide all goods and/or services set forth in Invitation for Bids, Documents, Scope of Services, and the CONTRACTOR’s bid _____ and/or as outlined in ATTACHMENT A - SCOPE OF

SERVICES.

ARTICLE IV. TERMINATION.

Without Cause. The CITY may terminate this CONTRACT on sixty (60) calendar days notice, or may suspend this CONTRACT for up to sixty (60) calendar days upon receipt of notice, when in the best interests of the City by providing notice to the CONTRACTOR, which shall be in writing and shall be deemed delivered and received when given in person to the CONTRACTOR, or when received by fax, express mail, certified mail return receipt requested, regular mail postage prepaid or delivered by any other appropriate method evidencing actual receipt by the CONTRACTOR.

For Cause. If the CONTRACTOR is determined by the CITY to be in default of any term or condition of CONTRACT, the CITY may terminate this contract on thirty (30) days notice by providing notice to the CONTRACTOR, which shall be in writing and shall be deemed delivered and received when given in person to the CONTRACTOR, or when received by fax, express mail, certified mail return receipt requested, regular mail postage prepaid or delivered by any other appropriate method evidencing actual receipt by the CONTRACTOR.

If the CITY is determined by the CONTRACTOR to be in default of any term or condition of this CONTRACT the CONTRACTOR may terminate this contract on thirty (30) days notice by providing notice to the CITY, which shall be in writing and shall be deemed delivered and received when given in person to the CITY, or when received by fax, express mail, certified mail return receipt requested, regular mail postage prepaid or delivered by any other appropriate method evidencing actual receipt by the CITY.

Default. The following shall constitute events of default under this CONTRACT: a) any material misrepresentation made by the CONTRACTOR to the CITY, b) any failure to perform any of its obligations under this CONTRACT including, but not limited to the following: (i) failure to commence performance of this CONTRACT at the time specified in this CONTRACT due to a reason or circumstance within the CONTRACTOR'S reasonable control, (ii) failure to perform this CONTRACT with sufficient personnel and equipment or with sufficient material to ensure the completion of this CONTRACT within the specified time due to a reason or circumstance within the CONTRACTOR'S reasonable control, (iii) failure to performance this CONTRACT in a manner reasonably satisfactory to the CITY, (iv) failure to promptly re-perform with reasonable time the services that were rejected by the CITY as unsatisfactory, or erroneous, (v) discontinuance of the services for reasons not beyond the CONTRACTOR'S reasonable control, (vi) failure to comply with a material term of this CONTRACT, including, but not limited to, the provision of insurance and nondiscrimination, and (vii) any other acts specifically and expressly stated in this CONTRACT as constituting a basis for termination of this CONTRACT, and (viii) failure to comply with any and all requirements of state law, and/or regulations, and City ordinances, and/or regulations.

ARTICLE V. REMEDIES OF THE CITY.

The CITY may deduct the cost of any substitute contract or performance for expenses, losses, and all damages, including incidental and consequential damages as a result of any event of non-conformance or non-performance of the CONTRACTOR in complying with the terms of this CONTRACT, and shall withhold such expenses, losses, and damages from sums due, or to become due.

ARTICLE VI. REMEDIES OF THE CONTRACTOR.

If the damages, other than loss, non-conformance, or non-performance, are actually sustained by the CONTRACTOR due to any act or omission for which the CITY is legally responsible the CITY shall allow a sum equal to the amount of such damages sustained by the Contractor as determined by the CITY in writing, provided the Contractor shall have provided to all signatories of the contract a detailed written statement of such damages and cause thereof within 30 days of the act of omission by the CITY.

ARTICLE VII. ASSIGNABILITY.

The CONTRACTOR shall not assign, subcontract or in any way transfer any interest in this contract without the prior written consent of the Procurement Officer of said City. In the event of such occurrence the City reserves the right to deal with any assignee subcontractor or transferee directly and the contractor agrees to remain bound by all terms and conditions of this contract in accordance with its original tenor. The provisions of this CONTRACT shall be binding upon, and shall inure to the benefit of, the successors and assigns of the CONTRACTOR and any public body or bodies succeeding the interests of the CITY.

ARTICLE VIII. INDEMNIFICATION.

The CONTRACTOR shall assume the defense, indemnify and hold harmless the CITY, the CITY'S agents and employees, from and against all losses and all claims, demands, payments, suits, actions, recoveries and judgments of every nature and description brought or recovered against them by reason of acts, in actions, omissions, negligence, reckless or intentional misconduct of the said CONTRACTOR, its agent(s), officers, employees, or subcontractors; in the execution of the work or in guarding the same. Unless otherwise provided by law, the CITY may elect to indemnify the CONTRACTOR for claims arising in tort if it is determined that the CONTRACTOR performed its obligations under this CONTRACT pursuant to the direct supervision and control of the CITY or its designated agent(s).

ARTICLE IX. WORKER’S COMPENSATION AND OTHER INSURANCE.

The CONTRACTOR shall provide by insurance for the payment of compensation and the furnishing of other benefits under Chapter 152 of the General Laws of Massachusetts (The Worker's Compensation Act) to all employees of the CONTRACTOR who are subject to the provisions of Chapter 152 of the General Laws of Massachusetts.

Failure to provide and continue in force such insurance during the period of this contract shall be deemed a material breach of this contract, shall operate as an immediate termination thereof, and CONTRACTOR shall indemnify the CITY for all losses, claims, and actions resulting from the failure to provide the insurance required by this Article.

Prior to commencement of any work and until completion of its work under this CONTRACT shall maintain the following insurance coverage, at its cost, from insurance acceptable to the CITY, giving evidence of such coverage to the CITY prior to execution of this CONTRACT, a copy of such insurance coverage to be attached herewith:

General - The Vendor 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 shall not be less than the kinds and amounts designated herein, and the Vendor agrees that the stipulation herein of the kinds and limits of coverage shall in no way limit the liability of the Vendor to any such kinds and amounts of insurance coverage. All policies issued shall indemnify and save harmless the City of Salem, its agents and employees from any and all claims for damages to persons or property as may rise out of the performance of this Contract.

Vendor’s Comprehensive General Public Liability and Property Damage Liability Insurance - The Vendor shall carry Comprehensive General Liability Insurance providing for a limit of not less than One Million Dollars ($1,000,000.00) for all damages arising out of bodily injury to or death of one person, and subject to that limit for each person, a total limit of not less than Two Million Dollars ($2,000,000.00) for all damages arising out of bodily injuries or death of two or more persons in any one accident; and Vendor’s Comprehensive Property Damage Liability Insurance providing for a limit of not less than One Million Dollars ($1,000,000.00) for all damages arising out of injury to or destruction of property in any one accident, and subject to that limit per accident, a total (or aggregate) limit or not less than Two Million Dollars ($2,000,000.00) for all damages arising out of injury to or destruction of property during the policy period.

Comprehensive Automotive and Property Damage Insurance - The Vendor shall carry Automobile Insurance covering all owned vehicles, hired vehicles or non-owned vehicles under the control of the Vendor while performing work under the Contract in the amount of not less than One Million Dollars ($1,000,000.00) for all damages arising out of bodily injuries to or death of one person and subject to that limit for each person, a total of not less than Two Million Dollars ($2,000,000.00) for all damages arising out of bodily injuries to or death of two or more persons in any one accident; and Property Damage coverage in the amount of not less than One Million Dollars ($1,000,000.00) for all damages to or destruction of property.

Excess (Umbrella) Liability - $1,000,000.00

The Vendor must carry Workman’s Compensation Insurance in the amounts prescribed under Massachusetts State Law and meet all other City and State Laws and Regulations.

No cancellation(s) 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 and to the City of Salem at least fifteen (15) days prior to the intended effective date thereof, which date shall be expressed in said notice, which shall be sent by registered mail, return receipt requested. These provisions shall apply to the legal representative(s), trustee in bankruptcy, receiver, assignee, trustee, and successor(s) in interest of the Vendor.

All insurance coverage shall be at the sole expense of the Vendor and shall be placed with such company as may be acceptable to the City of Salem and shall constitute a material part of the contract documents.

Failure to provide written proof to City and continue in force such insurance as aforesaid shall be deemed a material breach of the contract, and may constitute sufficient grounds for immediate termination of the same.

All required insurance must be endorsed to name the CITY as Additional Insured. The General Liability insurance policy shall be endorsed to waive the insurer's rights of subrogation against the City. All policies and certificate for insurance must contain language that the insurance shall not be canceled, materially changed or non-renewed without at least thirty (30) days advance written notice to the CITY. The CONTRACTOR under this CONTRACT shall not allow it subcontractors to begin work until similar insurance has been so obtained and certificates of insurance approved by the CONTRACTOR.

ARTICLE X. CORPORATE CONTRACTOR.

If CONTRACTOR is a corporation, CONTRACTOR shall endorse the Certificate of Corporate Authority for the CONTRACTORS’ signatory (Attachment C), or shall otherwise provide a form similar in nature and substance acceptable to the CITY.

If CONTRACTOR is a non-profit corporation, CONTRACTOR shall provide satisfactory proof of present status as a non-profit corporation. Such proof shall be in the form of a certification from the Massachusetts Secretary of State's office and/or from the Internal Revenue Service and shall provide the Federal Tax Identification Number of the non-profit corporation. This agreement shall not be enforceable against the CITY unless and until the CONTRACTOR complies with this section. Failure to inform the CITY in writing of revocation, or other loss of non-profit status shall be deemed a material breach of this contract and operate as an immediate termination thereof.

ARTICLE XI. SUBJECT TO APPROPRIATION.

The obligations of the CITY under this CONTRACT shall be subject to appropriation. In the absence of appropriation this CONTRACT shall be immediately terminated without liability for damages, penalties, or other charges.

In the requisite circumstances, the obligations of the CITY under this CONTRACT shall be subject to the formal award of the state, federal grant.

ARTICLE XII. DOCUMENTS, MATERIALS, ETC.

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 CONTRATOR understands that he/she/it may acquire or have access to “personal data” otherwise kept by the CITY. 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.

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 other to use, in whole or in part, any reports, data or other materials prepared under this CONTRACT.

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 issues any material for publication through any medium.

ARTICLE XIII. AUDIT, INSPECTION, RECORD KEEPING.

At any time during normal business hours, and as often as the CITY may deem it reasonably necessary, there shall be made available in the office of the CONTRACTOR for the purpose of audit, examination, and/or to make excerpts or transcripts, all records, contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this agreement.

Further the CONTRACTOR agrees to make its work papers, records and other evidence of audit available to the CITY for a period of three years after final payment under his CONTRACT. The CIT shall be entitled to reproduce any or all such documents at its own expense, for which provision shall be made at such time.

ARTICLE XIV. WEEKLY PAYROLL RECORDS REPORT.

In accordance with Massachusetts General Law c. 149, s. 27B, a true and accurate record must be kept of all individuals employed on a public works construction project for which prevailing wage rates are applicable.

In addition, every contractor and subcontractor is required to submit, on a weekly basis, a copy of their weekly payroll records to the awarding authority. Once collected, the awarding authority is also required to preserve those records for three years.

ARTICLE XV. CONFLICT OF INTEREST.

CITY. No officer, member or employee of the CITY and no members of its governing body who exercise any function or responsibility in review or approval of the undertaking or carrying out of this CONTRACT shall participate in any decision relating to the CONTRACT which affects his/her personal interests or the interest of any corporation, partnership, or association in which he/she has a direct or indirect pecuniary interest. None of the services to be provided by the CONTRACTOR shall be used for any partisan political activity or further the election or defeat of any candidate for political office in the CITY. Compliance with this section shall be material to the CONTRACT.

CONTRACTOR. CONTRACTOR agrees that his/her/its agents, servants, and employees have neither presently nor during the period of this CONTRACT any interest direct or indirect which would impair, detract, or conflict in any manner or degree with the performance of services required under this CONTRACT.

The CONTRACTOR, his/her/its agents, servants or employees further stipulates that in the performance of this CONTRACT, no person having any such interest shall be employed. Conflicts of Interest include but are not limited to (a) immediate family relationships with officials of the CITY, (b) instances where the CONTRACTOR, his/her/it agents, servants or employees during the period of this CONTRACT was connected as an officer, employee or member of the governing body of the CITY, and (c) instances where the CONTRACTOR has an interest in any CITY department, its agents, servants or employees or parcels of land within the CITY. Compliance with this section shall be material to the CONTRACT.

ARTICLE XVI. PAYMENT.

The…