IFB 26029 Pump Station Parts.pdf

City of Gloucester

Office of the Purchasing Agent

CITY HALL, 9 DALE AVENUE

Gloucester, Massachusetts 01930 Telephone 978-325-5110 www.gloucester-ma.gov

Invitation for Bid # 26029

Pump Station Parts

Issued: Monday, July 28, 2025

Opening: Wednesday, August 20, 2025 @ 11:30 am

Addenda will be posted on bidnet direct at https://www.bidnetdirect.com/massachusetts/gloucesterma.

Hard copies of addenda will not be mailed, emailed or faxed.

It shall be the sole responsibility of the proposer to ascertain the existence of any and all addenda on bidnet direct.

City of Gloucester, Office of the Purchasing Agent, City Hall, 9 Dale Avenue, Gloucester, MA 01930 Tel: 978-325-5110 purchasing@gloucester-ma.gov

IFB 26029 Pump Station Parts 2

To: Gloucester Daily Times

From: Stacey Capone, Purchasing Agent

Date: July 23, 2025

Re: Please run this ad on July 28, 2025

Invitation for Bid #26029

Pursuant to MGL Chapter 30B, the City of Gloucester seeks sealed bids, Bid #26029 for the purchase of Parts for the Pump Stations. Bids will be due and opened electronically on Wed., August, 20, 2025 at 11:30 a.m. on bidnet direct https://www.bidnetdirect.com/massachusetts/gloucesterma. Bid packages will be available on Mon. July 28, 2025 at bidnet direct. The City reserves the right to reject any and all bids or to accept that which is deemed in the best interest of the City of Gloucester, MA. The City shall not be responsible for bids arriving late for any reason.

Stacey Capone Purchasing Agent

IFB 26029 Pump Station Parts 3

INVITATION FOR BID #26029

Section 1. SUPPLY DESCRIPTION: Pump Station Parts The City of Gloucester hereby solicits sealed bids from responsive and responsible vendors to provide Parts for the Pump Stations per the list in this IFB. The duration of the contract is one year from the date of execution. The actual purchases will be based on the City’s need. Notice of this solicitation was advertised in the Gloucester Daily Times, Commbuys, Goods & Services and our website www.gloucester-ma.gov.

Section 2. STANDARD CONDITIONS

1. The City reserves the right to reject any and all bids or to accept that which is deemed in the best interest of the City of Gloucester, Massachusetts.

2. Bid Withdrawal: No bidder may withdraw their bid after the opening and prior to the execution and delivery of the contract or if no award is made at the expiration of ninety days (90) business days after the opening of the bid.

3. The City reserves the right to waive any “minor informalities” or allow the vendor to correct them.

4. Approved Equal: Whenever a manufacturer’s name or style is used, it shall be construed as indicating the type of equipment, design, general construction and finish. Such use is not intended to be limiting or excluding any manufacturer or vendor. The term “approved equal”, if not inserted is implied. Equipment or supplies offered as “approved equal” that do not meet the City of Gloucester’s specifications contained in the Invitation for Bid, will not be accepted. The City will determine compliance.

5. Substitutions: When a bidder wishes to substitute for specified items, complete specifications for the substituted item(s) and any evidence necessary to verify the quality and IFB compliance must be included. The City will determine compliance and acceptability.

6. Equal Opportunity: It is understood and agreed that it shall be a material breach of any contract resulting from this bid for the Contractor to engage in any practice which shall violate any provision of Massachusetts General Laws, Chapter 151B, relative to discrimination in hiring, discharging, compensation, or terms, conditions or privileges of employment because of race, color, religious creed, national origin, sex, gender identity, sexual orientation, genetic information, ancestry, and disability.

7. Right To Know: Any vendor who receives an order or orders resulting from this invitation agrees to submit a Material Safety Data Sheet (MSDS) for each toxic or hazardous substance or mixture containing such substance, pursuant to M.G.L.c 111f 228, 9 and 10 and the regulations contained in 441 CMR ss21.06 when deliveries are made. The vendor agrees to deliver all containers properly labeled pursuant to M.G.L.c 111f, sec.7 and the regulations contained in 441 CMR S21-05. Failure to submit a MSDS and/or labels on each container will place the vender in noncompliance with the purchase order and/or the contract. Failure to furnish a MSDS and/or labels on each container may result in Civil or Criminal penalties, including debarment and action to prevent the vendor from selling said substances, or mixtures containing said substances within the Commonwealth.

8. Tied Bids: In the event that The City receives tied bids, wherein two or more responsive and responsible vendors provide the same bid price, a coin toss will be conducted.

9. INCORPORATION BY REFERENCE: All requirements, specifications, terms and conditions described in this Information for Bid (‘IFB’) as well as any addendums issued shall be incorporated by reference into any contract that may result.

Section 3. BID DOCUMENT INFORMATION AND REQUIREMENTS

1. Bid Availability: Bids will be available on Monday, July 28, 2025 at bidnet direct.

https://www.bidnetdirect.com/massachusetts/gloucesterma.

2. Bid Opening: Bids will be due and opened electronically on Wednesday, August 20, 2025 at 11:30 a.m. on bidnet direct. https://www.bidnetdirect.com/massachusetts/gloucesterma. If vendors need assistance please contact bidnets vendor support department at 800-835-4603 option 2.

3. Late Submissions: The City shall not be responsible for bids arriving late for any reason.

4. Cancellation of Opening: If City Hall is closed by the Mayor due to an emergency or winter weather conditions, scheduled bid openings will be postponed to the first day City Hall is open to conduct normal business functions. The time and location of the opening will be the same as originally scheduled in the Invitation for Bid.

5. Requesting Information: Any prospective bidder requesting a change in or interpretation of existing specifications of terms and conditions must do so at least (5) days, excluding Saturdays, Sundays and Holidays, before the scheduled bid opening date. All questions are to be asked on bidnet direct. When logged in and viewing the notice online click on the ask a question button at the top of the page. If vendors need assistance please contact bidnets vendor support department at 800-835-4603 option 2. If necessary to maintain a fair and equal bidding environment, the City will post an addenda on Bidnet Direct.

6. Right to Withdraw: A bidder has the right to withdraw his/her bid anytime prior to the time fixed for opening. A request to withdraw must be in writing.

https://protect-us.mimecast.com/s/KiV1CM87qYh71j4Cw1vnj?domain=bidnetdirect.com

IFB 26029 Pump Station Parts 4

7. Incomplete Bid: Any bid which is not according to prescribed form, incomplete, not properly signed, or contrary to the instructions and requirements contained in the Invitation for Bid may be rejected by the City of Gloucester.

Conditional bids will not be accepted.

8. Tax Exemption: Purchases of goods and services by the City of Gloucester are exempt from the payment of Federal excise taxes and the Massachusetts sales tax, and any such taxes must not be included in the price computations.

9. Contract Assignment: The successful contractor will not be permitted to assign or underlet the contract, nor assign either legal or equitably, any moneys hereunder, or its claim thereto, without the previous written consent of the City of Gloucester.

10. The successful contractor must be a registered business entity with the Secretary of the Commonwealth of Massachusetts prior to contract execution.

11. If this contract is federally funded, business entities are required to be actively registered with the System for Award Management (SAM) prior to contract execution. Please visit Sam.gov to check that you are active or need to register.

Section 4. FORMS TO BE COMPLETED & INCLUDED WITH THE BID PACKAGE Bid Price Form: All price proposals shall be submitted on the form provided.

Bid Form: Non Collusion Statement:

All bidders are responsible and required by Massachusetts General Law to submit a statement of Non Collusion with their bid. If a form has not been included in the Invitation for Bid package, you may request a copy from the Purchasing Office.

The City is required to reject any bid that does not include a completed Statement of Non Collusion.

Bid Form: Tax Attestation Form:

The winning bidder is responsible and required by Massachusetts General Law to submit a statement of Tax Compliance before a contract can be issued. If a form has not been included in the Invitation for Bid package, you may request a copy from the Purchasing Office.

Bid Form: Reference Form:

A list of all major commercial or municipal projects or accounts completed or serviced in the last twelve months, including a brief description of type of service performed. The list must include contact names, addresses, and telephone numbers.

Acknowledgment of Addenda: Complete Only When Issued Each bidder shall acknowledge the receipt of any addenda by signing and including it in their bid submission.

Information: Any other information that the vendor wishes to include that will document their capabilities and qualifications for providing the services sought in this IFB.

Section 5. GUARANTEES AND WARRANTEES Guarantees and Warrantees: The bidder to whom a contract is awarded guarantees to the City of Gloucester all equipment, materials and/or workmanship for a period of (1) year after final inspection and acceptance and shall replace promptly any defective equipment, material and/or workmanship required without additional cost to the City of Gloucester.

The City will report to the bidder any hidden or concealed damage, as soon as detected. The required one year guarantee period for reported hidden or concealed damage will begin with the date of notice from the City to the bidder. The city may request additional guarantees or warrantees as are usual in the industry and will be the beneficiary of any that are offered by the manufacturer or allowed under applicable laws or regulations.

Section 6. CONTRACT MANAGEMENT

The Contract Manager is Mike Hale, DPW Director The Contract Manager’s Office is located at 28 Poplar Street, Gloucester MA.

The telephone number is 978 325 5600

IFB 26029 Pump Station Parts 5

Section 7. SCOPE OF WORK: Pump Station Parts Price Page IFB# 26029

The scope of work will include; supplying the City of Gloucester with Parts for the Pump Stations products listed when they are ordered.

BID FORM USE INSTRUCTIONS:

Bid Price Form: All price proposals shall be submitted in the format and on the form provided in this bid

All-Inclusive Bid: Unit Prices must remain firm for the duration of this contract.

Delivery: Delivery Charges will be billed as a separate charge. All products are to be delivered to DPW Central Stores 28 Poplar St., Gloucester, MA 01930 within 2 weeks of being ordered.

Delivery Time: Receiving Days and Hours: Mon through Thurs, 8:30 AM - 2:30 PM Fri, 8:30 AM - 12:00 PM.

Preferred size and packaging are stated in the specifications. If bidding different container size or quantity, please indicate size/qty in your bid. However, it is the bidder’s responsibility to convert your pricing to match the bid specifications. Failure to convert pricing to match bid specifications may be reason for rejection of bid.

BID PRICE FORM: Pump Station Parts - NO SUBSTITUTIONS WILL BE ACCEPTED

No Part # Item Description Est.

Qty

Unit Price Total Price

Suction Plate A-36 Steel Plate Vaughan Drawing Number 108959 3

O-Ring Buna-N or Viton Suction Plate O-Ring Vaughan Drawing Number 108959 3

Cutter Bar Shim Fiber Gasket Material Vaughan Drawing Number 108959 12

4 42111-835 Back Plate Assenbly Gorman Rupp 2

5 48275-836 T6 Eradicator BC Upgrade Kit AR400 2

6 48275-807 T3 Eradicator BC Upgrade Kit 2

7 48275-802 T4 Eradicator Upgrade BC Kit 2

8 GRP33-07 /WW Air Release Gorman Rupp 6

9 GRP33-07B /WW Air Release Gorman Rupp 6

10 11406 11010 GR DI Impeller for T3A3-B 2

11 10528-11010 GR DI Impeller for T4A3-B 2

12 10958-11010 GR DI Impeller for T6A3-B 2

13 V111-133-118 111133 Impeller, UC, 6U, 11.8” Dia 3

14 V114-681 114681 Cutter Bar, E4R/6U, Cast 3

15 V107-314 107314 Casing, Centerline, BPO, E6U 2

16 V108-091 108091 Cap, Cartridge, Thrust Bearing 2

17 V108-083 108083 Bearing Housing (CBH) 2

18 V110-382 110382 Pedestal Base, Box Style, PE6U8 2

19 V111-214 111214-1 Cleanout Cover 2

20 V111-215 111215 Cleanout Cover Gasket, Buna-N 2

21 V108-085 108085 Cartridge, Thrust Bearing, includes: 2

22 V108-085A 108085 Thrust Bearing, Body 2

23 V108-085B 108085 Thrust Bearing, Cap 2

24 V850-346B O-ring, Thrust Cartridge, Buna-N 2

25 V1100-014 101803-6 Shaft, threaded end 2

26 V801-139 Thrust Bearings (2X) 2

27 V801-132 Radial Bearings (2X) 2

28 V801-309PES 108837 Mechanical Seal, Vaughan Flushless 2

29 V114-681 114681 Cutter Bar, E4R/6U, Cast 2

30 V801-827 Slinger, Seal 2

IFB 26029 Pump Station Parts 6

31 V801-767 Grease Seal 2

32 V801-603 Nut, Bearing 2

33 V801-602 Retainer, Brg. Nut 2

34 V801-600 Slinger, End Cap 2

35 V900-029 101565B Motor Stool, 284TC-286TC 2

36 V104-992 104992 (2X) Motor Stool Cover 2

37 V103-852 103852 Upper Cutter 2

38 V104-719 Sleeve, End Cap 2

39 V108-899 108899 Sleeve, Lip Seal, 3”-6” 2

40 V850-131B O-ring, Sleeve, Lip Seal, Buna-N 2

41 V801-826 (1X) Lip Seal 2

V800-794

Coupling, Motor 15 HP/870, Woods 9S-1 7/8, Motor Flange 2

43 V800-750 Woods 9JE Sleeve 2

44 V800-799 Woods 9S-1 1/2"Pump Flange 2

45 V104-611 104611 Cutter Nut, Large bore 2

46 Oil Reservoir V109-396-NPT 109396-NPT 2

47 V108-551-NPT 108551-

NPT Cap, Oil Reservoir 2

48 V850-358B (2X) O-ring, Brg. Hsg/Thurst Brg. Cartridge, Buna-N 2

49 V800-502 100441C Oil hose assembly 2

50 V104-072 104072 Shim, Upper Cutter 2

51 V108-520 108520 (2X) Guard, Packing Housing 2

52 V108-449 108449 Backplate, HE 6U w/ separate stuffingbox 2

53 V112-351 112351 Insert Cutter 2

54 V850-380B O-ring, Backplate upper, Buna-N 2

55 V850-380B O-ring, Backplate lower, Buna-N 2

56 V107-895 107895 Adjusting Sleeve (8 reqd) 2

57 V107-888 107888 (4X) Adjusting Sleeves, Thrust Brg. Cart. 2

58 V107-345 107345 Suction Plate 2

V801-640B

O-Ring, Suction Plate, Custom, PREFERRED, Buna- N 2

60 V112-831 112831 Gasket, Suction Plate 2

61 V850-463E O-Ring, Casing/Backplate, EPDM 2

62 118396KIT 118396 Decal Placement Kit 2

63 T6C203A 7880F GASKET, HANDHOLE COVER 6

64 CP2928 8380F FA GASKET VOLUTE .016 THK 25

65 15FM34B0012 8380F FA GASKET 5" 125 PSI FLG 6

66 TBJC467A 7880F FA GASKET HH COVER 4-HOLE 6

67 46411-060 FLAP VALVE ASSY 4

68 11557A 17010 CHECK VALVE PIN 2

69 11412G 19370 SUCT FLANGE GASKET 6

70 11389G 19370 GASKET 6

71 46411-062 FLAP VALVE ASSY 4

72 11557 17010 CHECK VALVE PIN 2

73 11645 17010 CHECK VALVE PIN 2

74 46411-064 FLAP VALVE ASSY 4

75 11402G 19370 GASKET 6

IFB 26029 Pump Station Parts 7

76 25113-036 GASKET 6

77 25152-453 O‐RING 1

78 S1748 BACK COVER O‐RING 2

79 25152-446 O‐RING 2

80 S1674 O‐RING 2

81 25152-273 O‐RING 2

82 46366-546 GR CHECK VALVE RETROFIT KIT 2

* ABOVE KIT INCLUDES:

46353-366 SPOOL 3 X 2 3⁄4

38647-629 10010 4X3 CONCENTRIC REDUCER

46421-220 CHECK VALVE (NON-CLOG) - 4",

L.H.

25113-033 GASKET 3" RED RUBBER 1/16 (2)

each

25113-034 GASKET 4" RED RUBBER 1/16

21161-442 WASHER SAE 5/8 (12) each 31345-025 15991 THD ROD 5/8-11 X 6 (4) each

AK10 15991 LWASH 5/8 INT TTH (12) each B1007 15991HEX HD CAPSCR STL (2) each B1013 15991 HEX HD CAPSCR STL (6) each

D10 15991 HEX NUT STL (10) each

Section 8. Method of Award:

Multiple contracts may be awarded to the responsive and responsible bidder(s) submitting the lowest unit price per item.

The ordering of items will be initiated by the City to the successful bidder(s) on an as needed basis.

Contract will be for a duration of One Year from the contract execution date.

If there is a successful bid, the City’s plan is to award a contract within 30 days from the IFB due date.

Company Name

Authorized Signature

Printed Name/ Title

Phone Number

Email

IFB 26029 Pump Station Parts 8

CERTIFICATE OF NON-COLLUSION

The undersigned certifies under penalty 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.

Bidder: Address:

Authorized Signature Title:

Telephone Fax

TAX COMPLIANCE

IF A CORPORATION:

State in which Incorporated

President

Treasurer

Secretary

If a foreign (out of State) corporation - are you registered to do business in Massachusetts? YES ____ NO _____. If you are selected for this work, you are required under Massachusetts General Law Chapter 38D, to obtain from the Secretary of State, Foreign Corp. Section, State House, Boston, a certificate to the awarding authority prior to award.

IF A PARTNERSHIP (Name All Partners):

Name Address City State/Zip

IF AN INDIVIDUAL:

Name Address City State/Zip

IF AN INDIVIDUAL DOING BUSINESS UNDER A FIRM NAME:

Name of Firm Business Address City State/Zip

Name of Individual Address City State/Zip

ATTESTATION CLAUSE

Pursuant to MGL c 62C sec 49A. I certify under penalties of perjury that I, to my best knowledge and belief, have filed all state tax returns and paid all state taxes required by law.

Social Security No. Or Federal Identification No Signature or Individual or Corporate Name

Corporate Officer (If Applicable)

IFB 26029 Pump Station Parts 9

REFERENCE FORM:

A list of major commercial or municipal accounts supplied with similar products in the last twelve months. The list must include contact names, addresses, and telephone numbers.

Business or Municipality:________________________________________________ Contact Person & Title ________________________________________________ Phone Number: ________________________________________________ Description of Products: ________________________________________________

Business or Municipality:________________________________________________ Contact Person & Title ________________________________________________ Phone Number: ________________________________________________ Description of Products: ________________________________________________

Business or Municipality:________________________________________________ Contact Person & Title ________________________________________________ Phone Number: ________________________________________________ Description of Products: ________________________________________________

Business or Municipality:________________________________________________ Contact Person & Title ________________________________________________ Phone Number: ________________________________________________ Description of Products: ________________________________________________

Business or Municipality:________________________________________________ Contact Person & Title ________________________________________________ Phone Number: ________________________________________________ Description of Products: ________________________________________________

IFB 26029 Pump Station Parts 10

Bidder Checklist Check Completion

Bid Proposal Form, Completed and Submitted on Bidnet ___________

Addenda Receipt Acknowledged ___________

Bid Price Form, completed

Non Collusion, completed ___________

Tax Compliance, completed ___________

Reference List, completed ___________

Note: This form is provided to assist bidders and does not have to be submitted with the bid package.

IFB 26029 Pump Station Parts 11

DRAFT CONTRACT 26029

The City of Gloucester, a municipal corporation, organized and existing under the laws of the Commonwealth and located in the County of Essex in said Commonwealth, hereinafter sometimes called the City and with their principal office located at sometimes referred to as the Contractor.

The date the mayor signs this contract will be the contract execution date.

RECITALS

1. Whereas the City of Gloucester requires Parts for the Pump Stations

2. Whereas the City of Gloucester, by its Mayor, having been authorized by the City Council, has the power to purchase such professional service from outside sources; and

3. Whereas the Contractor has made claim and has satisfied the City that it is capable of performing the required professional services;

and

4. Whereas in reliance upon the above.

THE CITY AND CONTRACTOR AGREE THAT:

1. Services

The Contractor shall perform all the services contained in the Scope of Work attached hereto and or incorporated herewith.

2. Contractor’s Covenants

A. The Contractor covenants that it is qualified to perform the services required by this contract and now is, and shall at all times while this contract is in effect, be duly permitted by law to perform such services, and all personnel engaged in this contract shall be qualified, licensed if necessary, and so permitted to do the work they perform.

B. The Contractor agrees to pay all debts for labor and/or services and materials contracted by it, if any, and for the rental of any office space, equipment or machinery hired by it, if any, for and on account of the services be performed hereunder; and the Contractor agrees to assume the defense of and indemnity and hold harmless the City, its officers, agents and employees from and against any and all suits, claims, demands, expenses and liabilities arising from or in any way rendered under this contract.

The Contractor shall have no capacity to bind the City in any contract nor to incur liability on the part of the City, and if the Contractor employs or proposes to employ any person or persons during the term of this contract, the employment or proposal shall not obligate the City in any manner to any such employee.

C. The Contractor covenants with the City that it shall be solely responsible for the conduct, health and safety of its employees during the term of this contract.

D. The Contractor shall maintain records of all details with respect to the services performed hereunder, for six years after the date of the final payment made by the City under this contract. The Contractor shall permit any duly authorized representative of the City, State or Federal agency which requires access as a precondition to funding, if any, or any of their duly authorized representative, from time to time and during regular business hours, to have access to and inspect papers, and other records of the Contractor pertaining to transactions pursuant to this contract.

E. The Contractor covenants with the City that it shall, upon the completion of this contract or upon termination, turnover, surrender or deliver to the City originals or executed duplicates of all documents, bids, estimates, contracts, leases, deeds, memoranda, correspondence, requests for proposals, pleadings, answers, opinions or any other finished work product contemplated within the Contractor's Scope of Work attached hereto. It is understood that upon delivery to the City, all such instruments become the property of the City of its use without restriction. All services including reports, opinions and information to be furnished under this contract are confidential and shall not be divulged in whole or part to any person other than duly authorized representative of the City. The contractor shall take all necessary steps to insure that no member of his staff divulges any such information, except as herein permitted.

F. The Contractor agrees that during the performance of this contract:

1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religious creed, national origin, sex, gender identity, sexual orientation, genetic information, ancestry, and disability.

2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive equal consideration for employment without regard to race, color, religious creed, national origin, sex, gender identity, sexual orientation, genetic information, ancestry, and disability.

3. The Contractor's rights, obligations and duties under this contract shall not be assigned in whole or part without prior written consent of the City, but this shall not prohibit written consent of the City, but this shall not prohibit the assignment of the proceeds due or to become due hereunder to a bank or financial institution without such approval. None of the services to be performed by the Contractor pursuant to this contract shall be subcontracted without the prior written consent of the City.

G. Incorporation by Reference: All requirements, specifications, terms and conditions described in the Invitation for Bid (‘IFB’) and any addendums issued, shall be incorporated by reference into this contract.

H. The contractor must be a registered business entity with the Secretary of the Commonwealth of Massachusetts prior to contract execution.

I. Termination - This contract may be terminated by either party upon ten days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. If the City terminates this agreement under the terms of this paragraph and it is later determined that the Contractor had not so failed, the Contractor shall be paid for services performed to the termination notice date plus reasonable related costs incurred due to termination.

IFB 26029 Pump Station Parts 12

In addition, the City may terminate this agreement at any time upon ten days written notice should the services of the Contractor no longer be required. Upon receipt of ANY termination notice, the Contractor shall:

1. Promptly discontinue all service affected (unless the notice directs otherwise) ; and

2. Deliver or otherwise make available to the City all data, drawings, reports, estimates, memoranda, summaries, work products and the information that the Contractor may have accumulated in performing this contract, whether complete or in process.

3. The City may take over the work in this contract and prosecute the same to completion by agreement with another party or otherwise.

4. In the event of a termination, an equitable adjustment shall be made in moneys paid the Contractor. The adjustment shall provide for payment to the Contractor for services rendered and expenses incurred before the termination settlement costs the Contractor reasonably incurs relating to commitments which had become firm before the termination.

5. Dispute resolution:

a) All disputes between the contractor and city shall be subject to non-binding mediation.

b) Either party may demand mediation by serving a written notice stating the essential nature of the dispute, the amount of time or money claimed and requiring that the matter be mediated within forty five (45) days of service of the notice.

c) The mediation shall be administered by a mutually agreed upon mediator, failing an agreement by the American

Arbitraiton Association in accordance with its most recent construction mediation rules.

d) No action or suit may be commenced unless mediation has occurred but did not resolve the dispute, or unless a statue of limitation period would expire if suit were not filed prior to such forty five days after service of notice.

e) Massachusetts law shall govern this agreement.

Notice - No notice, action, or other communication shall be effective unless received by the persons holding the following designated positions:

FOR THE CITY FOR THE CONTRACTOR

Name Mike Hale Name

Title DPW Director Title

Address 28 Poplar St Address

City, State, Zip Gloucester, MA 01930 City, State, Zip

Phone 978 325 5600 Phone

Email mhale@gloucester-ma.gov Email

All notices shall be in writing except in exigent circumstances, telephone communication confirmed by an immediate subsequent correspondence shall be effective.

J. Contract Interpretation - This contract shall be construed as a Massachusetts contract and any interpretation of its meaning, effects or consequences shall be determined with reference to Massachusetts statutory and common law.

K. Contract Changes - This agreement may be modified or altered by the parties at any time, provided, however, that such modification or alterations are evidenced by a writing and signed by all parties hereto.

L. Contract Provision - The contract provisions included in the City of Gloucester's standard language will prevail and take precedence over any contradictory term or condition included in the contract documents.

M. City’s Obligation’s Subject to Appropriation – The following language is intended to address the requirement that the city cannot incur liabilities in excess of appropriation and that funds must be appropriated for the first fiscal year of a contract as required by General Law c. 44, sec. 31 and c. 30B, sec. 12: The City is obligated only to pay its obligations set forth in this Agreement as may lawfully be made from funds appropriated and budgeted for that purpose during the City’s then current fiscal year. Should the City elect not to appropriate and budget funds to pay its Agreement obligations, this Agreement shall be deemed terminated at the end of the then-current fiscal year term for which such funds were appropriated and budgeted for such purpose and the City shall be relieved of any subsequent obligation under this Agreement. The parties agree that the City has no obligation or duty of good faith to budget or appropriate the payment of the City’s obligations set forth in this Agreement in any budget in any fiscal year unless the funds are available in the fiscal year in which this Agreement is executed and delivered. The City shall be the sole judge and authority in determining the availability of funds for its obligations under this Agreement. The obligation of the City to make any payment pursuant to this Agreement is not a general obligation or indebtedness of the City. Contractor hereby waives any and all rights to bring any claim against the City from or relating in any way to the City’s termination of this Agreement pursuant to this section. The contract is subject to the appropriation of funds each fiscal year. The contract is subject to termination or cancellation, without penalty to the City of Gloucester, either in whole or in part, for failure of City Counsel to budget the required funds.

INDEMNIFICATION AND INSURANCE REQUIREMENTS

To the fullest extent permitted by law, the Contractor shall fully indemnify, defend and hold harmless the City of Gloucester, including its officers and employees, from any and all suits, claims, demands, liabilities, liens and causes of action, including any costs, expenses or fees of attorneys or experts, for or on account of any injur to persons, damage to property, fines, penalties, assessments or any loss of whatever kind or nature arising out of or in consequence of the performance of the Contractor under this Contract, caused in whole or in part by any act or omission of the Contractor or anyone directly or indirectly employed by him or anyone for whose acts the Contractor may be liable, regardless of whether it is caused in part by a party indemnified hereunder. The foregoing provisions shall not be deemed to be released, waived or modified in any respect by reason of any sureity or insurance provided by the contractor under contract.

IFB 26029 Pump Station Parts 13

AGREEMENT #26029

IN WITNESS WHEREOF, the parties hereto have set their hands and seals.

ACCEPTED FOR THE CONTRACTOR:

I_____________________________________________hereby certify that I have the authority to act on behalf of the company ( Print name and title) and bind the company on whose behalf I am signing this contract.

Authorized Signature Title

Date Address Telephone

ACCEPTED FOR THE CITY OF GLOUCESTER

City Hall., 9 Dale Ave., Gloucester, MA. 01930

978-325-5100

Mayor Date Telephone

APPROVED:

978-325-5110

Purchasing Agent Date Telephone

DPW

28 Poplar St.

978 325 5600

Contract Manager Date Telephone

APPROVED AS TO FORM

978-325-5115

City Solicitor Date Telephone

CERTIFICATION AS TO FUNDS

Certification is herewith given that funds are available for payments required by the terms contained in this contract

Total PO Number

APPROVED BY:

978-325-5130

City Auditor Date Telephone

Starting Date: Upon receipt of a fully executed contract

Completion Date: One year from contract execution date

IFB 26029 Pump Station Parts 14

CERTIFICATE OF AUTHORITY TO SIGN CONTRACT

_________________20

I, Clerk/Secretary of named in the foregoing contract, certify that the Authorized signature who will sign the said Contract on behalf of said corporation; that I know his/her signature; that his/her signature thereto is genuine and that said contract will be duly executed for and in behalf of said corporation by authority of its Directors on a vote taken on , 20 .

Affix Corporate Seal Here:

Authorized Signature

Clerk/Secretary Signature