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 #27056

Fence Installation at 37 Rogers Street, Gloucester, MA 01930

Issued: Wednesday, September 9, 2026 Site Visit: Tuesday, September 22, 2026 9:00am Opening: Tuesday, October 6, 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 27056 Fence Installation at 37 Rogers St. Page 2

To: Gloucester Daily Times

From: Stacey Capone, Purchasing Agent

Date: September 3, 2026

Re: Please run this ad on September 9, 2026

Invitation for Bid #27056 Fence Installation at 37 Rogers St.

Pursuant to MGL Chap. 30, sec 39M the City of Gloucester seeks sealed bids, Bid #27056, for a Fence Installation at 37 Rogers St. Massachusetts Prevailing Wage Rates shall apply. Bids will be due and opened electronically on Tue., Oct 6, 2026 at 11:00 a.m. on bidnet direct https://www.bidnetdirect.com/massachusetts/gloucesterma. Bid packages will be available on Wed. Sept. 9, 2026 at bidnet direct. There will be a site visit on Sept. 22, 2026 at 9:00am at 37 Rogers St.

Gloucester, MA 01930. 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 27056 Fence Installation at 37 Rogers St. Page 3

INVITATION FOR BID #27056

FENCE INSTALLATION AT 37 ROGERS ST.

Section 1. INTRODUCTION

The City of Gloucester hereby solicits sealed bids, in accordance with the provisions of the Massachusetts General Laws, Chap. 30, sec 39M, from responsive and responsible vendors for the installation of high-quality ornamental steel fencing at 37 Rogers Street, Gloucester, MA 01930. This document outlines the technical requirements, contractor qualifications, and specific responsibilities to ensure a professional and durable installation that meets municipal standards. If the low bid is over $25,000 then a 50% payment bond will be required. Massachusetts Prevailing Wage Rates shall apply. 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 shall commence upon a fully executed contract and shall be fully completed by

November 30, 2026. Substantial completion and final acceptance shall be subject to inspection and written approval by the DPW Director or designated municipal agent. 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, September 9, 2026 on bidnet direct.

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

2. Bid Opening: Bids will be due and opened electronically on Tuesday, October 6, 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. Site Visit: Tuesday, September 22, 2026 at 9:00 am at 37 Rogers Street, Gloucester, MA 01930.

4. 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 27056 Fence Installation at 37 Rogers St. Page 4

5. 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.

6. 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.

7. 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.

8. 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.

9. 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.

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

5. 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.

6. 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 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.

Section 6. CONTRACT MANAGEMENT

The Contract Manager is Mike Hale, DPW Director, 28 Poplar Street, Gloucester, MA. Telephone: 978 325 5600.

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.

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

IFB 27056 Fence Installation at 37 Rogers St. Page 5

Section 8. INDEMNIFICATION and BONDING REQUIREMENTS A. Payment Bond: If the low bid is over $25,000 the winning vendor shall provide the City of Gloucester with a 50%

Payment Bond based on the bid price within ten (10) days of the award of the contract agreement.

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.

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: 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 11: Invoicing Invoicing shall be billed on the total all-inclusive price for the fully installed new fence, in accordance with the bid specifications & scope of work and shall not exceed the cost submitted on the price page.

Section 12. MINIMUM EXPERIENCE CRITERIA:

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

Mandatory Contractor Qualification & Specialization Requirements

Strict Trade Specialization Requirement: To ensure structural integrity, precise alignment, and compliance with manufacturer warranty specifications, bidding contractors must specialize in commercial fencing as a primary core business. Bids submitted by non-specialized general contractors or multi-trade firms will be declared non-responsive and disqualified.

● Specialized Experience: Bidding firm must possess a minimum of five (5) consecutive years of documented commercial trade specialization in perimeter fence installations.

● Project Track Record: Submit proof of at least three (3) completed public or commercial steel ornamental fence projects of similar scope (~170+ LF) within the last 36 months.

● Manufacturer Authorization: Must be a factory-certified or authorized installer for Ameristar Fence Products (or approved equal) and provide written proof upon request.

● Dedicated Workforce & Equipment: Work must be executed by direct, specialized fence installation crews utilizing company-owned/leased specialized auger rigs and post-alignment equipment. Subcontracting primary labor is prohibited.

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

IFB 27056 Fence Installation at 37 Rogers St. Page 6

Section 13. Bid Specifications & Scope of Work

Project Location: 37 Rogers St, Gloucester, MA 01930 Section of the Harbor Walk Issuing Agency: City of Gloucester Department of Public Works (DPW) Specification Reference: Ameristar Montage Plus Majestic (or Pre-Approved Equivalent) Total Scope: Approximately 172 Linear Feet (4' Height)

1. General Project Summary The City of Gloucester Department of Public Works (DPW) is soliciting competitive public bids from qualified, specialized commercial fence contractors to furnish all labor, materials, equipment, tools, and supervision necessary to install approximately 172 linear feet of 4-foot high commercial-grade steel ornamental fencing set in concrete post footings at 37 Rogers St, Gloucester, MA. The fence style shall be Ameristar Montage Plus — Majestic Style (flush top rail with no exposed pickets) or a pre-approved equal.

2. Direct Scope of Work (Contractor Responsibilities)

• Material Procurement: Supply ~172 LF of commercial steel ornamental fence panels, matching 2.5" posts, caps, and industrial tamper-resistant brackets/hardware.

• Layout & Post Excavation: Mark layout lines at 37 Rogers St and dig 23 post footings on maximum 8-foot centers to a depth of 36 inches (below Massachusetts frost depth), ensuring footings are clear of loose debris.

• Concrete Post Setting: Set line, corner, and end posts plumb and level in solid 3,000 PSI concrete footings, crowned at grade to shed water.

• Panel Erection: Install panels true to line and grade, using rakeable panel features where necessary to smoothly follow subtle site contours.

• Site Cleanup: Collect all installation debris, packaging, and augered tailing soil, leaving the job site clean and prepped.

3. Technical Product Specifications

Component Specification Requirement Detail / Standard

Fence System Ameristar Montage Plus — Majestic Style (or equal)

Commercial Welded Ornamental Steel

Height & Length 4' Height x ~172 Linear Feet Nominal 8' panel lengths

Pickets & Rails 3/4" x 3/4" x 18-ga Pickets 1-1/2" x 1-1/2" x 14-ga Channel Rails (≤ 4" air space)

Posts 2-1/2" x 2-1/2" Square Posts 16-gauge (or 14-gauge) commercial structural posts

Finish & Color Multi-Stage E-Coat / Powder Coat

High-durability architectural finish (Color: Black)

Footings 3,000 PSI Commercial Concrete

Minimum 10"–12" diameter x 36" depth (below MA frost line)

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

IFB 27056 Fence Installation at 37 Rogers St. Page 7

5. Measurements and Site Conditions The stated quantity of approximately 172 linear feet is provided for bidding purposes. The Contractor shall be responsible for verifying field dimensions, existing grades, access conditions, underground conditions, and other site conditions affecting the work prior to ordering materials or beginning installation.

6. Underground Utilities Prior to excavation, the Contractor shall coordinate all required utility locating and comply with applicable Dig Safe requirements. The Contractor shall exercise appropriate care when excavating near existing utilities and infrastructure.

7. Protection and Restoration The Contractor shall protect adjacent pavement, landscaping, structures, utilities, and other existing improvements during construction. Any property damaged as a result of the Contractor's operations shall be repaired or replaced to the satisfaction of the City at no additional cost. Upon completion, the Contractor shall remove excess materials, concrete, excavated material, packaging, and construction debris and leave the project area clean and ready for use.

8. Submittals & Product Cut-Sheets Prior to ordering materials or commencing work, the Contractor shall submit manufacturer cut-sheets, engineering data, and product specifications for the Ameristar Montage Plus Majestic fence panels, posts, mounting brackets, hardware, and finish coating for written review and approval by the City of Gloucester DPW.

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

IFB 27056 Fence Installation at 37 Rogers St. Page 8

Section 14: BID PRICE FORM 27056 Fence Installation at 37 Rogers St.

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.

Method of Award:

A contract will be awarded to the responsive and responsible bidder submitting the lowest total price.

Work shall commence upon a fully executed contract and shall be fully completed by November 30, 2026.

Substantial completion and final acceptance shall be subject to inspection and written approval by the DPW Director or designated municipal agent.

Total all-inclusive price for New Fence fully installed per the Bid Specifications & Scope of Work

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 27056 Fence Installation at 37 Rogers St. Page 9

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 27056 Fence Installation at 37 Rogers St. Page 10

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 27056 Fence Installation at 37 Rogers St. Page 11

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 27056 Fence Installation at 37 Rogers St. Page 12

Bidder Checklist Check Completion

Bid Price Form, Completed ___________

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 27056 Fence Installation at 37 Rogers St. Page 13

DRAFT CONTRACT 27056

Fence Installation at 37 Rogers Street

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 Fence Installation at 37 Rogers Street, Gloucester, MA 01930

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

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

4. Whereas in reliance upon the above.

THE CITY AND CONTRACTOR AGREE THAT:

1. Services

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

2. Contractor’s Covenants

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

B. The Contractor agrees to pay all debts for labor and/or services and materials contracted by it, if any, and for the rental of any office space, equipment or machinery hired by it, if any, for and on account of the services be performed hereunder; and the Contractor agrees to assume the defense of and indemnity and hold harmless the City, its officers, agents and employees from and against any and all suits, claims, demands, expenses and liabilities arising from or in any way rendered under this contract. The Contractor shall have no capacity to bind the City in any contract nor to incur liability on the part of the City, and if the Contractor employs or proposes to employ any person or persons during the term of this contract, the employment or proposal shall not obligate the City in any manner to any such employee.

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

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

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

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

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

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

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

G. Incorporation by Reference: All requirements, specifications, terms and conditions described in the Invitation for 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

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

IFB 27056 Fence Installation at 37 Rogers St. Page 14 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 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.

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

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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 Mike Hale Name Title DPW Director Title Address 28 Poplar Street Address City, State, Zip Gloucester, MA 01930 City, State, Zip

Phone 978 325 5600 Phone E-Mail mhale@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 duty of good faith to budget or appropriate the payment of the City’s obligations set forth in this Agreement in any budget in any fiscal year unless the funds are available in the fiscal year in which this Agreement is executed and delivered. The City shall be the sole judge and authority in determining the availability of funds for its obligations under this Agreement. The obligation of the City to make any payment pursuant to this Agreement is not a general obligation or indebtedness of the City. Contractor hereby waives any and all rights to bring any claim against the City from or relating in any way to the City’s termination of this Agreement pursuant to this section. The contract is subject to the appropriation of funds each fiscal year. The contract is subject to termination or cancellation, without penalty to the City of Gloucester, either in whole or in part, for failure of City Counsel to budget the required funds.

INDEMNIFICATION AND INSURANCE REQUIREMENTS

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

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

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MANDATORY INSURANCE COVERAGES

INSURANCE TYPE COVERAGES LIMITS

General Liability

COMPREHENSIVE FORM

BROAD FORM PROPERTY

DAMAGE

PERSONAL INJURY

Premises/Operations Underground, Explosion, & Collapse (UEC) Hazard Products/Completed Operations (shall also by endorsement extend to the City’s status as as additional insured) Independent Contractors Combined Aggregate Limits Shall apply “per project” Waiver of subrogation Clause/Endorsement Severability of Interests Clause/Endorsement

Each Occurrence $ 1,000,000

Aggregate

$ 2,000,000

Automobile Liability

BODILY INJURY & PROPERTY

DAMAGE

All Owned Vehicles Hired Vehicles Combined Non Owned Vehicles Waiver of subrogation Clause/Endorsement Severability of Interests Clause/Endorsement

$ 1,000,000

Workers Compensation & Employers Liability

PART A As Required by State of Massachusetts

PART B

Each Accident Bodily Injury by Disease

(Policy Limit) Bodily Injury by Disease

(Each Employee)

$ 500,000

There may be additional insurance policies and increased or additional coverages for the above-referenced policies required that are listed in addendums to this contract. The City of Gloucester (CITY) shall be named as additional insured on all policies of insurance required by this contract. All policies required by this contract where the City is named as an additional insured shall contain language that the insurance is primary and non-contributory with regard to other insurance that may be available to the City. The following certificates of insurance MUST be submitted with the signed copy of this contract. The contractor expressly agreees to obtain and maintain all required policies and coverages in place and valid for the entire term of the contract period, during any applicable warranty period and any further time as required by the contract documents. In addition to certificates, the Contractor agrees to provide the City with any evidence of insurance requested, including copies of policies or specific endorsements, upon request by the City or its representative.

A. Automobile Liability: Insurance must include owned, hired, and non-owned. ALL VEHICLES MUST BE LISTED ON THE INSURANCE CERTIFICATE(S) with minimum coverage and limits as shown in table above.

B. Commercial General Liability: The minimum limits shown in table above shall apply.

C. Workers' Compensation Insurance: Coverage not less than that required by Massachusetts General Laws and as further defined in the table above. A Certificate(s) of Insurance covering Workers' Compensation must be submitted covering the dates of the contract. Worker's Compensation Insurance must be provided in any instance where an employee of the vendor will perform work on this project. There are no general exceptions to the requirement of Worker's Compensation Insurance. CONSULTANTS are not permitted to hire subcontractors to perform services under the contract unless CITY has agreed to this arrangement in advance.

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

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AGREEMENT #27056

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

ACCEPTED FOR THE CONTRACTOR:

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

Authorized Signature Title

Date Address Telephone

ACCEPTED FOR THE CITY OF GLOUCESTER

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

978-325-5100

Mayor Date Telephone

APPROVED:

978-325-5110

Purchasing Agent Date Telephone

DPW, 28 Poplar St., 978 325 5600

Contract Manager Date Telephone

APPROVED AS TO FORM

978-325-5115

City Solicitor Date Telephone

CERTIFICATION AS TO FUNDS

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

Total PO Number

APPROVED BY:

978-325-5130

City Auditor Date Telephone

Starting Date: Upon receipt of a fully executed contract

Completion Date: November 30, 2026

Substantial completion and final acceptance shall be subject to inspection and written approval by the DPW Director or designated municipal agent.

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

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CERTIFICATE OF AUTHORITY TO SIGN CONTRACT

_________________20

I, Clerk/Secretary of named in the foregoing contract, certify…