City of Gloucester

Office of the Purchasing Agent

CITY HALL, 9 DALE AVE

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

IFB #27029

Snow Plowing – Zone A

Issued: Monday, July 20, 2026 Opening Date: Thursday, August 13, 2026 at 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 27029 Snow Plowing – Zone A Page 2

To: Gloucester Daily Times

From: Stacey Capone, Purchasing Agent

Date: July 15, 2026

Re: Please run this ad on Monday, July 20, 2026

Invitation For Bid # 27029

Pursuant to MGL Chapter 30B, § 5, the City of Gloucester seeks sealed bids, for Snow Plowing – Zone A. Bids will be due and opened electronically on Thur., Aug, 13, 2026 at 11:30 a.m. on bidnet direct https://www.bidnetdirect.com/massachusetts/gloucesterma. Bid packages will be available on Mon. July 20, 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 of Gloucester, MA. The City shall not be responsible for bids arriving late for any reason.

Stacey Capone Purchasing Agent

GOODS & SERVICES POSTING: 7/20/26

IFB 27029 Snow Plowing – Zone A Page 3

SNOW PLOWING – ZONE A

INVITATION FOR BID # 27029

Section 1. INTRODUCTION

The City of Gloucester hereby solicits sealed bids from responsive and responsible vendors to provide Snow Plowing and Salting – Zone A. Municipalities in Massachusetts are not required by law to bid contracts for snowplow services.

M.G.L. c.30B, §1(b)(17). Interested vendors should take note that the provisions of the bidding laws DO NOT APPLY to this Bid. In order to obtain the service with the highest value, the City of Gloucester has voluntarily undertaken this competitive Bid. The City also reserves the right to engage in negotiations with CONTRACTOR(S) after the BIDS are opened and to award contract(s) to bidders that may not have offered the lowest price, if it is in the best interest of the City. The City will be the sole judge of whether or not a bid meets the criteria of this IFB and its decision shall be final.

Notice of this solicitation was advertised in the Gloucester Daily Times, Goods and Services, posted on the City of Gloucester’s website www.gloucester-ma.gov and on bidnet direct.

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 days (60) 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 bidders 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. 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 20, 2026 on bidnet direct.

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

2. Bid Opening: Bids will be opened electronically on Thursday, August 13, 2026 at 11:30 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.

Proposals received after the submission deadline as recorded by Bidnet will not be accepted. The City shall not be responsible for proposals 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

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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 anytime 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 monies 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. 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.

2. 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 include in the Invitation for Bid package, you may request a copy from the Purchasing Office

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

4. 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.

5. 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 Joe Lucido, Assistant DPW Director. The Contract Manager’s Office is located at 28 Poplar Street, Gloucester MA. The telephone number is 978 325 5600.

Section 7. INVOICING All invoices should include the following information:

Invoicing Requirements for Zone A Required Contractor Information

• Legal Entity Name

• Registered Billing Address

• Primary Contact Telephone Number

• Authorized Email Address

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Contractual Reference Details

• Formal Contract Number

• Purchase Order (PO) Reference

• Unique Invoice Identifier

Snow Event Documentation

• Designated Work Zone (e.g., Zone A)

• Commencement Time of Snow Event

• Conclusion Time of Snow Event

• Total Accumulation as Declared by City Authorities

• Comprehensive Description of the Snow Event and Services Rendered

Section 8. SCOPE OF SERVICES

Defined Scope of Services and General Municipal Mandates (Zone A)

I. Operational Scope and Mandatory Contractual Obligations

1.1. Scope of Services

This document articulates the stringent, mandatory requirements governing snow plowing, removal, and ice prevention services across all designated City of Gloucester locations (ZONE A). The awarded Contractor shall maintain strict adherence to the entirety of the defined scope of work, utilizing appropriately sized and equipped machinery to ensure the preservation of safety standards and the provision of clear, unimpeded access to all contractual areas.

1.2.Definitions

1.2.1. Notification: Defined as a phone call or text message initiated by the City. The contractor is required to respond to the DPW Facility (28 Poplar St) within forty-five (45) minutes of receipt.

1.2.2. Qualified: The operator must hold the necessary valid license to legally operate the designated vehicle for this service and have prior experience operating the equipment.

1.2.3. Snow Operations Manager: The authorized individual responsible for management and direction during the snow and ice event.

1.3. Material Provision

The City of Gloucester retains sole responsibility for the procurement and distribution of all requisite ice-prevention materials.

II. Contractor Administrative and Submission Requirements To maintain eligibility for contract consideration, all Bidders must formally acknowledge and accept full liability for the following mandatory obligations prior to the submission of their proposal:

2.1. Mandatory Pre-Award Requirements

2.1.1. Comprehensive Document Review: Contractors shall possess a complete and exhaustive understanding of all provided bid documentation.

2.1.2. Site Familiarization: Contractors are required to be thoroughly familiarized with the designated municipal properties (Appendix A).

2.1.3. Proposal Submission: Delivery of a finalized and properly executed bid package is required.

2.1.4. Operational Capacity Evidence: Provision of comprehensive evidence, which shall be subject to City verification, demonstrating the certified capacity to fulfill all contractual obligations. Required documentation shall include, but not be limited to:

a. Execution of all provided bid documents in their entirety.

b. Detailed report regarding the capacity and current state of the contractor’s facilities.

c. A proposed equipment deployment schedule designed to complete all plowing operations as specified within Appendix A.

d. A professional reference list detailing municipalities or agencies for which the contractor has executed a similar scope of work, including primary contact information for performance verification.

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2.2. Operational Capacity and Fleet Documentation

A detailed, itemized inventory of specialty equipment (specifying type, quantity, and designated site) routinely assigned or stationed at each location must be submitted. The Contractor retains sole responsibility for the provision of any necessary supplementary equipment in response to severe weather events.

2.2.1. Equipment Maintenance and Regulatory Compliance: The Contractor shall facilitate the provision and continuous maintenance of all vehicles, plows, and requisite machinery in optimal operational condition throughout the contractual term. All resources must strictly adhere to Commonwealth of Massachusetts licensing, registration, safety, and emissions standards. Comprehensive insurance coverage is mandatory and shall be maintained at the sole expense of the Contractor. The Contractor is contractually obligated to remit valid proof of vehicle registration, and insurance certification immediately upon municipal request.

2.2.2. Personnel Qualifications and Reporting: The Contractor is mandated to provide fully qualified, insured, and licensed operators for every deployed vehicle and piece of equipment. The Contractor is contractually obligated to remit valid proof of operator licensure immediately upon municipal request.

2.2.3. Vehicle Documentation: Valid proof of legal ownership or active lease agreements for every vehicle designated for snow clearing on City streets or public property. Acceptable documentation includes:

a. An official Certificate of Title; or

b. A valid and current state vehicle registration.

2.2.4. Insurance Certificates: All mandatory certificates of insurance, including comprehensive vehicle liability and worker’s compensation coverage for all personnel engaged in work under this contract, as strictly specified in the general terms.

2.2.5. Deployment Logistics: A detailed operational plan assigning specific, designated vehicles to each Municipal property.

III. Operational Requirements and Service Level Protocols

3.1. Mobilization and Availability Protocols

3.1.1. Availability Requirements: The Contractor is contractually obligated to maintain absolute operational availability twenty-four (24) hours per day, seven (7) days per week—inclusive of all municipal and federal holidays—for the entirety of the winter service season, spanning from November 1st through May 1st. The Contractor is contractually obligated to maintain absolute and uninterrupted telephone access at all times throughout the defined service period. The City will initiate official mobilization alerts for every weather event through SMS text message or telephone contact. Upon receipt of such notification, the Contractor must formally acknowledge the request and ensure that all resources are mobilized to respond within a mandatory forty-five (45) minute window. A failure to adhere to these stringent availability and response protocols shall be documented as a service level deficiency and may constitute a material breach of contract.

3.1.2. Designated Point of Contact (POC): The Contractor shall designate a primary on-site Point of Contact (POC) or an authorized alternate, providing comprehensive contact information to the Snow Operations Manager prior to the commencement of services.

3.1.3. Mandatory Radio Equipment: The designated POC must be equipped with a fully functional radio, programmed to the Department of Public Works (DPW) operational frequency (to be provided by the Snow Operations Manager) to facilitate real-time coordination.

3.1.4. GPS and Monitoring Requirements: The Contractor shall, at the sole direction and expense of the City, facilitate the installation of GPS devices within any or all vehicles and machinery utilized for snow removal operations. These devices are mandated for the real-time monitoring of deployment progress and the precise localization of all equipment and spreaders. All city-furnished monitoring hardware must remain within the designated vehicles for the duration of the service as directed by the Director of Public Works, or their authorized designee, and shall be formally returned to municipal personnel immediately upon the conclusion of plowing operations.

3.2. General Deployment Mandates To ensure strict adherence to defined service standards, the Contractor shall actively monitor meteorological shifts and deploy supplementary machinery as necessary during periods of steady snow, significant accumulation, or sudden icing. Work shall commence immediately upon Notification by the City, with Contractors reporting directly to the Snow Operations Manager. Clearing operations, encompassing all pedestrian walkways and sidewalks, are mandatory for the entire duration of the storm and must be finalized promptly following the cessation of weather events or the formal lifting of municipal parking bans. A failure to furnish the required resources to satisfy these stringent service level agreements shall constitute a material breach of contract. Specialized equipment is mandated for specific properties, which are itemized in Appendix A.

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3.3. Snow Placement Restrictions

Snow accumulation shall not, under any circumstance: impede ingress or egress from building entrances (including school and municipal facilities); obstruct fire or emergency exits; block designated crosswalks; or restrict access to athletic facilities. The deposition of snow against school buildings is strictly prohibited. Snow shall not be pushed or plowed against, or into any chain link fences, shrubs, hedges, crosswalk areas, accessibility ramps, fire hydrants, or onto private property.

All designated parking stalls must be cleared completely.

3.4. Parking Ban Execution Procedure

During a municipal parking ban, the Contractor must prioritize the maximization of snow clearing within the designated lots.

Immediately following the official termination of the parking ban and the subsequent evacuation of lots, a complete and full-depth clearing operation must be executed without undue delay.

3.5. On-Site Equipment Storage Protocols

Contractors may be permitted to store necessary equipment on-site solely to facilitate enhanced response time.

3.5.1. Timeframe Restriction: Storage is strictly limited to the period commencing November 1st and concluding April 15th.

3.5.2. Location Approval: All storage locations must receive prior formal approval from the City to ensure that critical access points remain unobstructed.

3.5.3. Safety and Security: Equipment must be consolidated in a neat and orderly manner and must be adequately secured.

3.5.4. Damages: Any damage resulting from stored equipment shall be governed by the provisions outlined in Section 4.2 (Property Damage Liability).

3.6.5. Liability for Equipment Damage: The City of Gloucester shall not be held liable for any loss, theft, or physical damage incurred by equipment or machinery while stationed or stored upon municipal property.

IV. Contractual Obligations and Liability

4.1. Prohibition on Dual Subcontracting

The awarded Contractor is expressly prohibited from utilizing any subcontractor or equipment that is simultaneously under contract with the City for snow and ice removal services during the active event. This prohibition is instituted to prevent resource conflicts, guarantee dedicated capacity for the execution of this contract, and avoid operational delays. A violation of this clause shall be considered a material breach of contract.

4.2. Property Damage Liability

The Contractor assumes full and complete responsibility for all damage incurred by public or private property resulting from operations (whether caused by contractor personnel, subcontractors, or equipment). The Contractor must immediately repair the damage to an equivalent or superior condition, or remit the full cost of replacement or repair, subject to formal City approval. Failure to promptly rectify damage may result in the City undertaking the necessary repairs and subsequently back-charging the full expense to the Contractor. Unrepaired damage will necessitate the filing of an insurance claim.

V. Bidding Structure and Contract Verification

5.1. Bidding Structure

Contractors are required to submit a singular bid package with pricing clearly delineated as follows:

5.1.1. Per-Inch Snowfall Price (Unit Rate): A unit price for snow removal services calculated per inch of snowfall for each distinct school property.

5.1.2. Total Contract Value: The cumulative summation of the per-inch unit prices constitutes a key component of the total contract value.

5.2. Basis for Contract Award and Term

The contract award determination will be predicated upon the following criteria:

1. Cost Effectiveness: Primarily assessed via the total cumulative "per-inch snowfall" cost.

2. Operational Capability: Evaluation of the adequacy and quality of the proposed equipment list and the comprehensive readiness plan for severe weather conditions.

3.The contract shall be for a term of three (3) years: one guaranteed year followed by two optional extension periods. Contractors retain the right to submit proposals for single, multiple, or all zones;

however, every bid shall be subject to independent evaluation.

IFB 27029 Snow Plowing – Zone A Page 8

5.3. Snow Accumulation Determination and Verification Protocol

5.3.1. Official Measurement: The City shall rely upon a certified weather statement provided by a recognized meteorological service for the official measurement.

5.3.2. Contractor Discrepancy Protocol: To formally dispute the City's official measurement, the Contractor is required to furnish three (3) alternate certified weather statements from reliable, independent meteorological sources that detail the total snow accumulation in inches. The City expressly reserves the right to render the final determination.

Appendix A: Specific Site Instructions

A.1. Municipal Building and Parking Lots

1. Gloucester Police Station, 195 Main St: The contractor is responsible for plowing and treating the main parking area and the secured sally port lots. CRITICAL SAFETY: In the event of snow drifts within the sally port, the contractor must immediately contact the Snow Operations Manager for coordinated and authorized internal removal. CRITICAL COORDINATION: Close post-event coordination with Snow Operations and the Police Department is required to facilitate vehicle movement for comprehensive lot clearing.

2. City Hall, 9 Dale Av: Perform full plowing and treatment of the entire lot, ensuring all parking spaces are clear.

Contractors must also clear and treat all Warren St sidewalks. Strict adherence to the standard city-wide parking ban is mandatory for this location. Specialty Equipment: Skid steers or equivalent machinery are required to ensure pedestrian walkways and sidewalks are thoroughly cleared.

3. Library, 2 Dale Av: Perform full plowing and treatment of all lot spaces. This mandate includes the clearing and treatment of sidewalks on Dale Av, School St, and Mason St. Adherence to the standard city-wide parking ban is required. Specialty Equipment: Skid steers or adequate equipment must be utilized for all pedestrian and sidewalk clearing.

4. Rose Baker Senior Center, 6 Manuel F Lewis St: Execute full plowing and treatment of the entire lot and all available spaces. Operations must be conducted in compliance with the standard city-wide parking ban.

5. Harbor Master’s Facility, 19 Harbor Loop: Contractors must fully plow and treat the lots at 19, 19A, and 19R Harbor Loop, ensuring every space remains accessible. This also includes clearing the alley access points leading to the docks. Specialty Equipment: Use of skid steers or similar equipment is mandated for clearing sidewalks and pedestrian access routes.

6. Dale Avenue Sidewalks: Clear both sides of the sidewalks extending from Prospect St to Middle St. Particular attention must be paid to ensuring all crosswalk entrances are fully cleared and accessible. Specialty Equipment:

Skid steers or equivalent machinery are necessary for effective sidewalk and pedestrian clearing.

7. Municipal Lots (Parking Ban Applies): For the following lots, contractors are required to prioritize maximum snow clearing during active parking bans and execute a full-depth detailing once vehicles have vacated the area.

7.1. 20 Pleasant St: Execute full plowing and de-icing treatment.

7.2. 20 Roger St: Execute full plowing and de-icing treatment.

7.3. 32 Harbor Loop: Execute full plowing and de-icing treatment.

7.4. 45 Roger St: Execute full plowing and de-icing treatment.

7.5. 65 Roger St: Execute full plowing

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Section 9: Bid Submission Chart – IFB# 27029 Snow Plowing – Zone A Locations

Location Year 1 (Per-Inch

Rate) Year 2 (Per-Inch Rate)

Year 3 (Per-Inch Rate)

Gloucester Police Station, 195 Main St

City Hall, 9 Dale Av

Library, 2 Dale Av

Rose Baker Senior Center, 6 Manuel F Lewis St

Harbor Master’s Facility, 19 Harbor Loop

Dale Avenue Sidewalks (Prospect St to Middle St)

20 Pleasant St (Municipal Lot)

20 Roger St (Municipal Lot)

32 Harbor Loop (Municipal Lot)

45 Roger St (Municipal Lot)

65 Roger St (Municipal Lot)

TOTAL FOR ZONE A

Bid Submittal: Equipment Deployment and Operational Plan Location Detailed Equipment Deployment and Operational Plan

(Required) Gloucester Police Station, 195 Main St

City Hall, 9 Dale Av

Library, 2 Dale Av

Rose Baker Senior Center, 6 Manuel F Lewis St

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Location Detailed Equipment Deployment and Operational Plan (Required)

Harbor Master’s Facility, 19 Harbor Loop

Dale Avenue Sidewalks (Prospect St to Middle St)

20 Pleasant St (Municipal Lot)

20 Roger St (Municipal Lot)

32 Harbor Loop (Municipal Lot)

45 Roger St (Municipal Lot)

65 Roger St (Municipal Lot)

Signature Date

Printed Name & Title of the person authorized to make this Bid Company Name

Email Phone Number

Method of Award: Municipalities in Massachusetts are not required by law to bid contracts for snowplow services. M.G.L.

c.30B, §1(b)(17). Interested vendors should take note that the provisions of the bidding laws DO NOT APPLY to this Bid. In order to obtain the service with the highest value, the City of Gloucester has voluntarily undertaken this competitive Bid.

The City also reserves the right to engage in negotiations with CONTRACTOR(S) after the BIDS are opened and to award contract(s) to bidders that may not have offered the lowest price, if it is in the best interest of the City. The City will be the sole judge of whether or not a bid meets the criteria of this IFB and its decision shall be final.

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Equipment Inventory

Type Model Manufacturer Year GVWR # of wheels Blade size Bucket/Dump size

IFB 27029 Snow Plowing – Zone A Page 12

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)

IFB 27029 Snow Plowing – Zone A Page 13

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

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

IFB 27029 Snow Plowing – Zone A Page 14

Bidder Checklist Check Completion

• Bid Form, Completed ___________

• Reference List, completed ___________

• Addenda Receipt Acknowledged ___________

• Non Collusion, completed ___________

• Tax Compliance, completed ___________

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

IFB 27029 Snow Plowing – Zone A Page 15

DRAFT CONTRACT 27029

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 Snow Plowing – Zone A.

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. 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.

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H. 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.

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

Arbitration 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 statute 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 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.

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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 Assistant DPW Director Title Address 28 Poplar St. Address City, State, Zip Gloucester, MA 01930 City, State, Zip Phone 978 325 5600 Phone E-Mail jlucido@gloucester-ma.gov E-Mail

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 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 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.