IFB 27022 Generator Maintenance and Repairs as Needed.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 #27022

Generator Maintenance and Repairs as Needed

Issued: Wednesday, July 22, 2026

Opening: Wednesday, August 12, 2026 @ 11:00 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, 9 Dale Avenue, Gloucester, MA 01930, Tel: 978-325-5110 purchasing@gloucester-ma.gov

IFB 27022 Generator Maintenance and Repairs as Needed Page 2

To: Gloucester Daily Times

From: Stacey Capone, Purchasing Agent

Date: July 15, 2026

Re: Please run this ad on July 22, 2026

Invitation for Bid #27022 Generator Maintenance and Repair Services as Needed

Pursuant to MGL Chapter 149, the City of Gloucester seeks sealed bids, Bid #27022, for Generator Maintenance & Repair Services. DCAMM Certified Contractors are sought for the following category: Mechanical. Massachusetts Prevailing Wage Rates shall apply. A bid deposit in the amount of 5% of the total bid price must accompany each bid.

The successful bidder will be required to furnish a Performance & Labor and Materials (Payment) Bond in the amount of 100% of the bid price. Bids will be due and opened electronically on Wed., Aug 12, 2026 at 11:00 a.m. on bidnet direct https://www.bidnetdirect.com/massachusetts/gloucesterma. Bid packages will be available on Wed. July 22, 2026 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. The City shall not be responsible for bids arriving late for any reason.

Stacey Capone Purchasing Agent

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

IFB 27022 Generator Maintenance and Repairs as Needed Page 3

INVITATION FOR BID #27022

GENERATOR MAINTENANCE AND REPAIRS AS NEEDED

Section 1. INTRODUCTION

The City of Gloucester hereby solicits sealed bids from responsive and responsible vendors to provide Generator Maintenance and Repair Services in accordance with the provisions of the Massachusetts General Laws, chapter

149. MA Prevailing Wage Rates shall apply. A bid deposit in the amount of 5% of the total bid price must accompany each bid. The successful bidder will be required to furnish a Performance and Labor and Materials (Payment) Bond in the amount of 100% of the bid price. Each bid must include a DCAMM Update Statement and a Certificate of Eligibility in the category of “Mechanical”. The contract will be for one year with the option to renew for 2 additional 1 year periods at the sole discretion of the City. Notice of this solicitation was advertised in the Central Register, Gloucester Daily Times, Commbuys and posted at 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 sixty (60) days 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. Contract Duration: Work as described in the Scope of Services shall begin on receipt of an executed contract.

The completion of the contract shall be One year from the contract execution date with the option to renew for 2 additional 1 year periods at the sole discretion of the City. The successful bidder will be required to execute the City’s standard contract as attached.

5. 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.

6. 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.

7. 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.

8. 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.

9. 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.

10. Incorporation by Reference: All requirements, specifications, terms and conditions described in this Invitation for Bids (‘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 Wednesday, July 22, 2026 on bidnet direct.

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

2. Bid Opening: Bids will be opened electronically on Wednesday, August 12, 2026 at 11:00 am 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. Bids received after the submission deadline as recorded by Bidnet will not be accepted. The City shall not be responsible for bids not received due to technical difficulties, internet connectivity issues, user error, or failure of the proposer to allow sufficient time for upload.

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

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

IFB 27022 Generator Maintenance and Repairs as Needed Page 4

4. Cancellation of Opening: If The City Offices are closed by the Mayor due to an emergency or winter weather conditions, scheduled bid openings will be postponed to the first day The City Offices are 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. No interpretation of the meaning of the specifications or other pre-bid documents will be made to any bidder orally. All information given to bidders other than by means of the specifications, or by addenda, as described below, is given informally and shall not be used as the basis of a claim against the OWNER.

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

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.

Section 4. FORMS TO BE COMPLETED & INCLUDED WITH THE BID PACKAGE

1. Bid Price Form: All price proposals shall be submitted on the form provided.

2. 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.

3. Tax Attestation Form: The successful 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.

4. Each bid must include a DCAMM Update Statement and a Certificate of Eligibility in the category of "Mechanical”.

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

6. 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, and telephone numbers.

7. 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.

8. Bid Bond: A 5 % bid deposit in the form of a bid bond, a certified check, or a treasurer’s or cashier’s check issued by a responsible bank or trust company, payable to City of Gloucester. Company checks will not be accepted.

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 for a period of 90 days and 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.

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

IFB 27022 Generator Maintenance and Repairs as Needed Page 5

Section 6. CONTRACT MANAGEMENT The Contract Manager is Joe Lucido, Asst. DPW Director, 28 Poplar Street, Gloucester, MA. Telephone: 978 325 5600. Point of Contact for Water Treatment and Wastewater Treatment is Corey Crosbie, Project Manager III – Gloucester Municipal & Commercial Business Veolia North America, 50 Essex Ave, Gloucester, MA, Cell Phone 978- 879-9363

Section 7. REQUIRED PERMITTING:

All required State and Municipal permits are the responsibility of the successful bidder, unless indicated in the contract document. Building permit fees shall not be required, and are hereby waived, for work done to buildings, structures, or parts thereof owned by the city and used for a public purpose by the city unless the contractor fails to obtain a building permit prior to the start of construction, the contractor shall then be required to pay three times the cost that the building permit fee would have been for that project.

Section 8. INDEMNIFICATION and BONDING REQUIREMENTS A. Performance & Payment Bonds: Within ten (10) days of the award of the contract agreement, the winning vendor shall provide the City of Gloucester with a 100% Performance and Payment Bonds based on the bid price.

B. Sureties: Only Sureties licensed by the Massachusetts Division of Insurance will be accepted.

C. Discharge or Release of Bonds: The discharge or release of bonds is subject to MGL, Ch. 30, Sec. 40.

D. Bid Bond: A 5 % bid deposit in the form of a bid bond, a certified check, or a treasurer’s or cashier’s check issued by a responsible bank or trust company, payable to City of Gloucester. Company checks will not be accepted.

Section 9. OSHA TRAINING REQUIREMENT The successful bidder will be required to certify that it is able to furnish labor that can work in harmony with all other elements of labor employed or the 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 works and who shall furnish documentation of successful completion of said course with the first certified payroll report for each employee;

and that it will comply fully with all laws and regulations applicable to awards made subject to section forty four A of Chapter 149 of the General Laws.

Section 10. MINIMUM EXPERIENCE CRITERIA:

Bidders failing to comply with the following Minimum Qualifications Criteria for responsibility (experience) will be disqualified and their bid rejected:

Experience: Vendor must show that they have at least Seven (7) years’ experience in generator maintenance, installation and repair services and must have all required and appropriate licenses for the assigned task.

Section 11. General Conditions Specifications:

GENERATOR MAINTENANCE

The City of Gloucester is seeking bids for monthly examinations, maintenance, repairs and scheduled test runs for all City and School Generators as required by both State and Federal Laws.

Awarded vendor must be in a 35-mile radius and have the ability to respond to emergencies within 30 minutes of initial notification

Service to include:

1. Monthly test and firing as required by law.

2. A minimum of 1 hour of test/run monthly at each site.

3. The updating of information and posting of all records (tests, repairs, etc) at the designated areas near the generators on site.

4. The filing of monthly formal written generator inspectional reports which will include but not be limited to the following: any/all recommended repairs/modifications. Results of test fires including day, date, time and logged hours, etc.

MONTHLY MAINTENANCE SERVICE SCHEDULE WILL INCLUDE:

1. Check coolant heater

2. Check coolant level

3. Check oil level

4. Check fuel level

5. Check charge-air piping

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

IFB 27022 Generator Maintenance and Repairs as Needed Page 6

6. Check/clean air cleaner

7. Check battery charger

8. Check coolant concentration

9. Check drive belt tension

10. Check starting batteries

11. Check radiator hoses

SERVICES TO BE COMPLETED ANNUALY (MINIMUM STANDARDS) OR WITH MORE FREQUENCE AS NEEDED:

1. Drain fuel filter 2 Drain water from fuel tank

3. Drain exhaust condensate

4. Change oil and filter

5. Change coolant filter

6. Clean crankcase breather

7. Change air cleaner element (every 3 years, next one due 2028)

8. Change fuel filters

9. Flush cooling system

GENERATOR LOG:

The generator log will contain the following information:

Date of test, Hour meter start, Hour meter finish. Tests, Power fail, Loaded, No Load, and signature of test operator. In addition, all maintenance/work performed on the generator will also be noted. The original generator log will be kept on premises. An additional generator log report will be submitted to the City’s Facility Dept.

Section 12: Quotes and Invoicing

1. Quotes submitted are used for budget purposes only. Contractor shall, at the request of the City provide a “Not to Exceed” offer Time and materials estimate and or quotation of work to be done, at no cost to the City. These estimates should be done within 5 calendar days from the date of the request unless granted an extension of time in writing from the City. The contractor must arrive at any routine job with the appropriate personnel, equipment and supplies to perform the project.

2. All invoices should show a detailed complete itemized breakdown of actual hours worked and materials used for the job but shall not exceed the estimated cost approved by the City. The City of Gloucester reserves the right, at any time, to request contractor’s supplier’s invoices for parts pricing verification. All invoices will only be for actual hours worked onsite and material list used regardless of what the quote said. No travel time will be paid. The Bidder agrees to charge the City no more than 10 (10%) percent over their cost for any required parts necessary to make the repair.

All invoices shall show the following information:

• Contract#, PO #, Date of Service & Invoice #

• Detailed statement of work performed

• Location where work was performed

• Diagnosis of cause of problem

• Total number of hours/minutes worked on site

• Materials

3. Invoicing shall be billed showing actual time and materials on the job but shall not exceed the Estimated Cost approved by the Contract Manager without the PRIOR approval of the Contract Manager.

• Each invoice will be based on time and materials.

• Labor costs will be reflected separately and will be billed in accordance with the applicable contract hourly rates.

• Material used will be reflected on the invoice by quantity and unit costs including applicable 10% surcharge.

• Each invoice shall have a complete break-out of labor, materials and any other miscellaneous charges as well as copies of the invoices for the materials used.

• Bill labor charges on the actual time used to perform the required Work in a facility.

• No Paid Travel time from facility to facility is allowed. Labor charges shall not be billed traveling to the original job site at the beginning of the day that work is to be performed. All charges for mileage, tolls, etc. shall be included within the hourly rate as submitted on the bid form.

PRESENCE OF ASBESTOS -CONTAINING- MATERIALS WITHIN GLOUCESTER SCHOOLS.

Please be advised, your work within our various school buildings may disturb Asbestos-Containing Materials. Each School has on file an AHERA Report outlining the areas where Asbestos-Containing

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

IFB 27022 Generator Maintenance and Repairs as Needed Page 7

Materials is suspect. Please Review the AHERA Report and familiarize yourself prior to performing any work.

Disturbing Asbestos-Containing Materials and Presumed Asbestos -Containing Materials:

If you suspect materials may contain asbestos, contact the district Designated Person, Joe Lucido, at 978-325-5600 before disturbing it. Personnel must be trained and authorized to disturb asbestos-containing materials. Personnel must follow Operat ions and Maintenance procedures to ensure that school occupants are not exposed to asbestos dust, and ensure that asbestos dust does not contaminate building areas. A licensed Asbestos Contractor is required when more than 3 square feet or 3 linear feet is disturbed.

Labels are located on asbestos-containing materials located in non-public mechanical areas.

The lack of a label does not demonstrate that the material does not contain asbestos.

Section 13: Prevailing Wage Requirements

1. The Contractor and all subcontractors shall comply with the Massachusetts Prevailing Wage Law (M.G.L. c. 149, §§ 26-27H). Minimum wage rates are determined by The Department of Labor Standards. The schedule of wage rates applicable to this contract is included in the bidding documents. In addition, the prevailing wage schedule will be updated annually for all public construction projects lasting longer than one (1) year. You will be required to pay the rates set out in any updated prevailing wage schedule. Increases in prevailing wage schedules will not be the basis for change order requests.

2. The Contractor and all subcontractors shall submit, on a weekly basis, a copy of their weekly payroll records to the City of Gloucester Purchasing Department by emailing purchasing@gloucester-ma.gov, accompanied by a Statement of Compliance signed under the pains and penalties of perjury. The payroll records shall include the Contract name and Contract #.

3. The Contractor shall maintain accurate and complete records, including payroll records, during the Contract term and for three years thereafter.

4. The City shall assume no responsibility for the accuracy of the rates set forth in the schedule and no claims for additional compensation will be considered because of any inaccuracy in the rates so set forth. The schedule of wages referred to above are minimum rates only, the City will not consider any claim for additional compensation made by the Contractor because of any payment by the Contractor of any wage rate in excess of said minimum rates.

Section 14: List of City Generators

Location/Asset Address Generator Brand Capacity

(KW)

West Parish School 10 Concord St Kohler 250 West Gloucester Fire

Generator 33 Concord St Briggs & Stratton 13

Magnolia Fire Generator 30 Fuller St Winco 12 Gloucester High School 32 Leslie O Johnson Rd Kohler 300 Gloucester Police Dept 197 Main St #1 Caterpillar 300

Central Fire 8 School St Katolight 35 DPW Central Stores 28 Polar St Generac 36 DPW Fleet Garage 28 Polar St Blue Star 50

East Veterans Elementary 11 Webster St Kohler 500 O'Malley Middle School 32 Cherry St Kurz and Root 175

Rose Baker Senior Center 6 Manuel F Lewis St Blue Star 250 Bay View Fire Generator 891 Washington Street Winco 12 Babson Water Treatment

Facility 19 Russell Ave Blue Star 400

Beacon Marine SPS 229 East Main St Generac 100 Blackburn SPS 22 Blackburn Dr Kohler 54 Bond Hill 31R Old Salem Rd Briggs & Stratton 22

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

IFB 27022 Generator Maintenance and Repairs as Needed Page 8

Fuller Pump Station School House Rd Kohler 125 Klondike Water Treatment

Plant 42 Quarry St Olympian 200

PS Banjo SPS 183 Essex Ave Cummins 100 PS Breezy Point SPS 2R Breezy Point Rd Kohler 30

PS Commercial St SPS 91 Commercial St Cummins 36 PS Corliss Ave SPS 32 Corliss Ave Kohler 15 PS DPW (Poplar St) 28 Poplar St Kohler 200 PS Finch Lane SPS 138 Cherry St Cummins/Onan 20

PS Gloucester Ave SPS 50 Gloucester Ave Kohler 100

PS Good Harbor SPS 99 Thatcher Road (corner of Witham) Kohler 80

PS Goose Cove SPS 593A Washington St Kohler 200 PS Hartz Street SPS 3 Hartz St Kohler 100

PS Heritage Way SPS 5 Heritage Way (@ the circle) Olympian 255 PS Hodgkins SPS 382A Washington st Kohler 60

PS Howard Rd SPS 105 Wheeler St Olympian 25 PS Kirk Road SPS 11A Kirk Rd Kohler 21 PS Little River SPS 372 Essex Ave Cummins 125 PS Reynard St SPS 423 Washington St Kohler 30 PS Riggs Point SPS 31 Vine St Generac 20 PS Riverdale Park 51 Veterans Way Kohler 15

PS Thurston Pt SPS 30A Thurston Point Rd Kohler 15 PS Witham St SPS 20 Witham St Kohler 19

PS Riverside Ave Pump Station 31 Riverside Ave Kohler 40

Waste Water Treatment Facility 50 Essex Ave Caterpillar 800

West Gloucester Water Treatment Plant 372 Magnolia Ave Cummins 350

Portable Emergency Generator Portable @DPW Magnum 78

Portable Emergency Generator Portable @DPW Kohler 60

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

IFB 27022 Generator Maintenance and Repairs as Needed Page 9

Section 15: BID PRICE FORM 27022 Generator Maintenance & Repairs as Needed

YEAR ONE (Award)

DESCRIPTION EST QTY UNIT PRICE

monthly

TOTAL PRICE TOTAL FOR 1 YEAR

Monthly maintenance per generator 43 $ $ mthly price x 43 units total price x 11mths

Annual maintenance per generator (may require add’l if usage is 100 hrs)

43 $ $ yrly unit price x 43 units total yearly price

TOTAL YEARLY COSTS FOR

MAINTENANCE>>

Hourly rate Estimated hrs *Hourly rate for repairs (per man per hour) for regular hours 8am to 5 pm overtime hours

YEAR ONE

TOTAL PRICE AWARD LINE (total yearly estimated cost plus hourly rates)

YEAR TWO (option year one) mthly price x 43 units total price x 11mths

Annual maintenance per generator (may require add’l if usage is 100 hrs)

43 $ $ yrly unit price x 43 units total yearly price

TOTAL YEARLY COSTS FOR

MAINTENANCE>>

Hourly rate Estimated hrs

YEAR TWO (option year one) TOTAL PRICE Year two (total yearly estimated cost plus hourly rates)

YEAR THREE (option year two) mthly price x 43 units total price x 11mths

Annual maintenance per generator (may require add’l if usage is 100 hrs)

43 $ $ yrly unit price x 43 units total yearly price

TOTAL YEARLY COSTS FOR

MAINTENANCE>>

Hourly rate Estimated hrs

YEAR THREE (option year two) TOTAL PRICE Year three (total yearly estimated cost plus hourly rates)

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

IFB 27022 Generator Maintenance and Repairs as Needed Page 10

*Hourly rates represent time on site, contractor will not be reimbursed for travel to or from site.

Wage Rate Determination and Compliance: The hourly rate bid for services provided must be in compliance with Massachusetts Prevailing Wages Law and include labor, tools, transportation, and all other expenses necessary for delivery of the services requested herein by the City of Gloucester

Quantities are estimated amounts the City may add or subtract generators as needed.

Method of Award: A contract will be awarded to the responsive and responsible bidder submitting the lowest total price of year one, for the project which includes all jobs. The repair bid is based on estimated quantities. If an increase or decrease in quantity is warranted during the contract duration, the unit price will govern.

Duration of the Contract: The contract period is one year from date of contract execution with the option to renew for 2 additional 1 year periods at the sole discretion of the City.

Company Name

Authorized Signature

Date

Printed name of Authorized Signature

Email

Phone #

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

IFB 27022 Generator Maintenance and Repairs as Needed Page 11

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 E-Mail:

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)

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

IFB 27022 Generator Maintenance and Repairs as Needed Page 12

Certification of Non-Debarment

The Bidder hereby certifies, under penalties of perjury, that it is presently not debarred, suspended, or otherwise prohibited from practice by any Federal, State, or local agency and that should any proceeding arise during the term of this contract in which it is debarred, suspended, or otherwise prohibited from practice by any Federal, State, or local agency, the Bidder shall inform the City of Gloucester within three (3) business days of such debarment, suspension, or prohibition from practice.

Signature Date

Name/Title Company Name

Certification of Labor Harmony and OSHA Training

The undersigned certifies under penalties of perjury that he is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed at the work and that all employees to be employed at the worksite and in the services to be provided will have completed an OSHA-approved construction safety and health course lasting at least ten (10) hours.

Signature Date

Name/Title Company Name

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

IFB 27022 Generator Maintenance and Repairs as Needed Page 13

REFERENCE FORM:

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

Business or Municipality:

Contact Person & Title Phone Number & E-Mail:

Description of Service Provided:

Business or Municipality:

Contact Person & Title Phone Number & E-Mail:

Description of Service Provided:

Business or Municipality:

Contact Person & Title Phone Number & E-Mail:

Description of Service Provided:

Business or Municipality:

Contact Person & Title Phone Number & E-Mail:

Description of Service Provided:

Business or Municipality:

Contact Person & Title Phone Number & E-Mail:

Description of Service Provided:

Business or Municipality:

Contact Person & Title Phone Number & E-Mail:

Description of Service Provided:

Business or Municipality:

Contact Person & Title Phone Number & E-Mail:

Description of Service Provided:

Business or Municipality:

Contact Person & Title Phone Number & E-Mail:

Description of Service Provided:

Business or Municipality:

Contact Person & Title Phone Number & E-Mail:

Description of Service Provided:

Note: This form may be duplicated

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

IFB 27022 Generator Maintenance and Repairs as Needed Page 14

Bidder Checklist Check Completion

Bid Price Form, Completed ___________

DCAMM Certificate of Eligibility ___________

DCAMM Update Statement ___________

5% Bid Bond ___________

Addenda Receipt Acknowledged ___________

Non Collusion, completed ___________

Tax Compliance, completed ___________

Certificate of Labor Harmony & OSHA Training ___________

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

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

IFB 27022 Generator Maintenance and Repairs as Needed Page 15

DRAFT CONTRACT 27022

Generator Maintenance and Repairs as Needed

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 Generator Repair, Inspection and Maintenance.

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

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

IFB 27022 Generator Maintenance and Repairs as Needed Page 16 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 Bids (‘IFB’) and any addendums issued, shall be incorporated by reference into this contract.

H. Conflict of Interest - Both the City and the Contractor stipulate to the applicability of Massachusetts General Law Chapter 268A, the Conflict of Interest Statute. The Parties further stipulate that the terms and conditions of this contract expressly prohibit any activity which constitutes a violation of this statute. The Contractor shall be deemed to have investigated its applicability to the performance of this contract; and by executing the contract documents the Contractor certifies to the City that neither it nor its agents, employees or subcontractors are thereby in violation of General Laws Chapter 268A. Pursuant to Chapter 28 of the Acts of 2009, as amended, all key employees must complete online ethics training on the State Ethics Commission’s website www.mass.gov/ethics. Satisfaction of these requirements is the sole responsibility of the Contractor and its key employees, and the City shall have no liability for the Contractor’s or its key employees’ failure to meet these requirements

I. Termination - This contract may be terminated by either party upon seven 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.

In addition, the City may terminate this agreement at any time upon seven days written notice. 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.

6. Termination and Default

1. Without Cause. The City may terminate this Contract at its sole discretion upon on seven (7) calendar days’ 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 express mail, certified mail return receipt requested, regular mail postage prepaid or delivered by any other appropriate method evidencing actual receipt by the Contractor. Upon termination without cause, Contractor will be paid for services rendered to the date of termination.

2. For Cause. If the Contractor is determined by the City to be in default of any term or condition of this Contract, the City may terminate this Contract upon on seven (7) 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 express mail, certified mail return receipt requested, regular mail postage prepaid or delivered by any other appropriate method evidencing actual receipt by the Contractor.

3. Default. The following shall constitute events of a default under the Contract: 1) any material misrepresentation made by the Contractor to the City 2) 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 perform this Contract in a manner reasonably satisfactory http://www.mass.gov/ethics

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

IFB 27022 Generator Maintenance and Repairs as Needed Page 17 to the City, (iv) failure to promptly re-perform within a 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 non-discrimination, (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 federal or state law and/or regulations, and City bylaws and/or regulations.

J. The Contractor’s Breach and the City’s Remedies

1. Failure of the Contractor to comply with any of the terms or conditions of this Contract shall be deemed a material breach of this Contract, and the City of Gloucester shall have all the rights and remedies provided in the Contract documents, the right to cancel, terminate, or suspend the Contract in whole or in part, the right to maintain any and all actions at law or in equity or other proceedings with respect to a breach of this Contract, including damages and specific performance, and the right to select among the remedies available to it by all of the above.

2. From any sums due to the Contractor for services, the City may keep the whole or any part of the amount for expenses, losses and damages incurred by the City as a consequence of procuring services as a result of any failure, omission or mistake of the Contractor in providing services as provided in this Contract.

K. Compensation

1. The City shall pay the Contractor for services rendered under this contract in accordance with the amount(s) set forth in the Contractor's Bid Price Form and pursuant to the provisions contained in the Project Manual

2. Notwithstanding anything to the contrary contained in the Contract, the City may withhold any payment to the Contractor hereunder if and for so long as the Contractor fails to perform any of its obligations hereunder or otherwise is in default under this Contract including, without limitation, any failure to perform Services in full accordance with the amount sufficient in the reasonable opinion of the City to cure any such default or failure of performance by the Contractor.

3. In no event shall the City be required to pay any amounts for work deemed by it to be unacceptable, or which are otherwise disputed. In the event the City disputes any such amounts invoiced, it shall pay all amounts not in dispute and notify the Contractor in writing of the amounts disputed and the reasons therefor.

4. No payment made shall constitute or be construed as final acceptance or approval of that part of the Services to which payment relates, or relieve the Contractor of any of its obligations outlined in this Contract. Further, the City shall not be deemed, by virtue of making payments to the Contractor hereunder, to have released the Contractor from any claim or liability, or to have waived any action arising out of the breach of this Contract by the Contractor.

L. 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 Joe Lucido Name Title Asst. DPW Director Title Address 28 Poplar Street Address City, State, Zip Gloucester, MA 01930 City, State, Zip

Phone 978 325 5600 Phone E-Mail jlucido@gloucester-ma.gov

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

M. 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.

N. 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.

O. 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.

P. 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

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

IFB 27022 Generator Maintenance and Repairs as Needed Page 18 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.