chelmsford grinder maintanence rfp 210

8/10/2019 Chelmsford Grinder Maintanence Rfp 210

1/41

1

Request for Proposals

Contract for Inspections, Evaluations, Maintenance and Repair Residential, Pre-

fabricated, Low Pressure Sewage Pump Systems Servicing One and Two FamilyDwellings Located within the Town of Chelmsford

July ______, 2014


2/41

2

Advertisement for Proposals

LEGAL NOTICE

The Town of Chelmsford invites sealed proposals from qualified service providers for the

inspection, evaluation, maintenance and repair of approximately 540 residentialprefabricated low-pressure sewage pump systems comprised of approximately 510 E-One,15 Myers and 15 Barnes units installed in one (1) and two (2) family residential dwellingsover the past 20 years. Part A Initial Inspections and Evaluations must be completedwithin three (3) months of Towns acceptance of the successful proposal. The Part B-Maintenance and Repair Service Agreement and Warranty shall be in effect for threeyears from date of Towns acceptance of the successful proposal. The Request forProposals is available by calling the Town Managers Office at 978-250-5201. Writtenproposals consistent with the terms of the Request for Proposals must be delivered to theTown Managers office at Town Hall, 50 Billerica Road, Chelmsford, MA 01824 by 2:00p.m. on ______________, 2014 and clearly marked Inspections, Evaluations,

Maintenance and Repair for Residential, Pre-fabricated, Low Pressure Sewage PumpSystems. The Town reserves the right to waive informalities in proposals, and to rejectany and all proposals.

Paul E. CohenTown Manager

Information for Proposers

1.00 Project Identification

1.01 Project Background1.01.1 Agreement Terms and Scope of

Services

1.02 Towns Objectives

1.03 Receipt of Proposals

1.04 Modification and Withdrawal ofProposals

1.05 Examination of Request ForProposals and Facilities

1.06 Addenda and Interpretations

1.07 Price Proposals, Bonds, and Awardof Contract

1.08 Execution of the Agreement

1.09 Laws and Regulations1.10 Sales Tax

1.11 Minimum SubmissionRequirements

1.12 Price Proposal

1.13 Selection and Schedule

1.14 Evaluation Criteria

1.00 Project IdentificationA. Awarding Authority: Town of Chelmsford Board of Selectmen

Mailing Address: Town Offices, 50 Billerica Road, Chelmsford, MA01824


3/41

3

B. Proposal Receipt Address: Town Managers OfficeTown Offices50 Billerica RoadChelmsford, MA 01824

C. Project Name: Contract for the evaluation, maintenance and repair ofresidential prefabricated low-pressure sewage pumpsystems

D. Municipal Contact: Paul E. CohenTown Manager

1.01 Project Background

The Town of Chelmsford is seeking proposals from qualified service providers for theinspection, evaluation, maintenance and repair of approximately 540 residentialprefabricated low-pressure sewage pump systems comprised of approximately 510 E-One,15 Myers and 15 Barnes units installed over the past 20 years. Part A- Pump Inspectionsand Evaluations, described below, must be complete within three (3) months of Townsacceptance of the successful proposal and the Part B-Maintenance and Repair ServiceAgreement, described below, shall be in effect for three (3) years from the date of theTowns acceptance of the successful proposal. A service agreement for the work describedbelow in the Scope of Services shall be entered into between the Town of Chelmsford andthe successful proposer Contractor (the Agreement) and managed by the TownsDepartment of Public Works Sewer Division. The Agreement shall include prices laborrates based on hours of coverage, parts costs, other normal fees or costs, include parts andlabor warranties provided proposed using the Price Proposal from attached as AttachmentA. Any existing warranties remaining on new or repaired units shall be the responsibilityof the original manufacturer, distributor or installer and will not be part of the agreement

until such warranties have expired. Any additions or modifications to any PrefabricatedLow-Pressure Sewage Pump Systems and accessories beyond the Town Standard, definedbelow in Paragraph 1.01.1, Scope of Services, or initial installation shall not be covered aspart of the Agreement unless authorized by the Town.

Chelmsford is a town in Middlesex County, Massachusetts in the Greater Lowell area. Asof the 2010 United States Census, the Town's population was 33,802. It is located 24 miles(39 km) northwest of Boston and, bordering on the city of Lowell, is part of the GreaterLowell metropolitan area. Besides Lowell on its northeast, Chelmsford is surrounded byfive towns: Tyngsborough to the north, Tewksbury to the east, Billerica to the southeast,Carlisle to the south, and Westford to the west. Chelmsford is bordered by two sizable

rivers: the Merrimack River to the north, and the Concord River to the east. The Town hasa total area of approximately 23.2 square miles, of which 22.6 square miles is land and 0.5square miles is water.

1.01.1. Agreement Terms and Scope of Services

Responses to the RFP and the Agreement, pursuant to which the Contractor will perform the workdescribed in the Scope of Services, below, shall include parts and labor costs for 24/7/365 day


4/41

4

coverage on complete Prefabricated Low-Pressure Sewage Pump Systems and accessories for E-One,Myers and Barnes Units. The Agreement, including all labor and material costs, shall be in effect fora term of three (3) years. An optional two (2) year extension may be granted at Towns sole discretionsubject to appropriation of adequate funds. All work performed as described in the RFP andAgreement Scope of Services shall comply with all applicable laws, regulations, orders, and by-laws.

The proposer will have a minimum of three (3) years of experience performing a similar type ofservice as described in the RFP and Agreement Scope of Services for other municipalities and shallsummit a minimum of three (3) municipal references, work performed and contact information. Thecorrective repair and maintenance work shall be performed by a qualified pump technician/mechanicpursuant to Massachusetts prevailing wage rates and laws. The proposers personnel performing thework described in the RFP and Agreement Scope of Services shall have at least three (3) years ofdirectly related experience working with the Units, Systems and SFRG equipment. The proposer willlist all personnel, their qualifications, licenses and related experience expected to perform the workdescribed in the RFP and Agreement Scope of Services including that information required pursuantto the Subcontractors Statement attached as Attachment B.

DEFINITIONS: (For the purposes of this Section 1.01.1 only)

AGREEMENT- The agreement between the TOWN and the CONTRACTOR for theservices identified in the Scope of Services.

CONTRACTOR- The service company performing the work.

CAN- The prefabricated enclosure housing the pump or core.

DPW- The TOWNS Department of Public Works.

OEM- Original Equipment Manufacturer.

RESIDENT- The owner, occupant or authorized agent of and SFR covered by theAgreement.

SFR- A single or two family residential home serviced by a single prefabricated pump unitthat is not classified as, or used for commercial purposes or other use beyond two-familyresidential occupancy.

SFRG- A single, prefabricated low-pressure sewage grinder pump system as provided bythe original manufacturer or distributor for use in a SFR.

SYSTEM- The prefabricated can and all related and necessary equipment required for itsproper function and operation located within the can and the disconnect switch, controlpanel, remote alarm panel, generator switch panel, battery backup, level controls and otherequipment as provided by the original manufacturer or distributor. Additions ormodifications to the original SFRG are not included in this definition.

TOWN- Town of Chelmsford or its authorized agent.


5/41

5

TOWN STANDARD- The required components to a SFRG that are covered under theAgreement.

UNIT- The prefabricated can, pump, core and other equipment located within the can.

PART A- Initial Inspections and Evaluations of 540 +/- SFR Systems:

1. The Contractor will have a minimum of three (3) years of experience performing asimilar type of service for other municipalities and shall summit a minimum ofthree (3) municipal references, work performed and contact information.

2. The initial inspections and evaluations shall be performed by a qualified pumptechnician/mechanic and electrician under Massachusetts prevailing wage ratesand laws. The personnel performing the work shall have at least three (3) years ofdirectly related experience working with SFRG equipment. The Contractor willlist all personnel, their qualifications, licenses and related experience who will beperforming the inspections and evaluations and shall also provide the information

required pursuant to the Subcontractors Statement attached as Attachment B.

3. The Contractor will perform initial inspection and testing requirements perAppendix A below.

4. The mechanical and electrical inspections and evaluations shall be scheduled andperformed at the same time whenever possible in order to assist each other whennecessary.

5. Provide a Conditions Report for each system with deficiencies, if any, noted and acost estimate to correct deficiencies in order to bring SRFGs, Systems and Units to

a common Town Standard as defined in Appendix B below.

6. An SFR list with available contact information and as-built drawings required willbe provided by the Town. The Contractor will notify and schedule inspections andevaluations with SFR residents directly.

7. System equipment type, location, condition and accessibility shall be noted, andCONTRACTOR shall schedule directly with the Resident, for access to inspectthose Systems located within the SFR.

8. CONTRACTOR shall provide and change batteries for installed E-One indoorremote alarm panels during the inspection and CONTRACTOR shall perform

other simple Unit and System corrections which shall be noted during inspections.

9. CONTRACTOR shall supply, at CONTRACTORs cost and expense,CONTRACTORs service contact information stickers containingCONTRACTORs 24/7 contact information including all emergency andadministrative contact information within two (2) weeks of the date of theAgreement.


6/41

6

10.Service contact information stickers shall be applied to outside and inside ofcontrol panels.

11.The initial inspections and evaluations shall be completed within three (3) monthsof the date of the Agreement. Every reasonable effort to schedule inspections forSFRGs, Systems and Units including those located in inaccessible areas or insideSFRs will be made and logged. CONTRACTOR shall make at least three (3)attempts to schedule inspections and shall provide weekly submittals of the initialevaluations and conditions reports to the DPW. A deficiency and repair summaryand schedule of upgrade cost estimates shall be submitted to the DPW and theTOWN no later than thirty (30) days from completion of inspections andevaluations.

12.Approximately 40 E-One SFRG units are due startup inspections by FR Mahoney& Associates, Inc. as noted on the SFR List and will not be required to be re-tested. Other aspects of the inspections and evaluations not performed duringstartup inspections will be completed by the CONTRACTOR. TheCONTRACTOR will coordinate with FR Mahoney & Associates, Inc. any startupinspections to coincide with CONTRACTORS inspections for SFRGs, Systemsand Units in which startup inspections have not been complete.

APPENDIX A

SYSTEM INSPECTIONS AND EVALUATIONS SCOPE OF SERVICE

1. CONTRACTOR shall furnish a pump technician/mechanic to inspect and testeach grinder system for proper operation required according to manufacturesspecifications and CONTRACTOR shall operate and test all functions of the unit

including; pump operation and flow, amperage draw, valves, level controls,remote alarm function testing and generator switch operation to include, withoutlimitation:

a. Fill and run pumps under both normal line and generator line power,record voltage and amperage, test all functions for 1 complete cycle.

b. Test alarm light, horn and silence function

c. Pump draw down time from full level.

d. Generator transfer operation to generator and transfer back to line power.

e. Test Remote Sentry for alarm notification absent connection to generatorpower to verify operation during power loss.

2. CONTRACTOR shall furnish a qualified electrician to inspect the wiring, andvoltage to the system. The CONTRACTORs electrician shall also inspect thefeed circuit breaker in the SFR to ensure the pump is wired correctly to a breakerwith proper capacity, including, without limitation:


7/41

7

a. Ensuring that all electrical connections are tight according tomanufacturers specifications and installations are complete according toall applicable electric and building codes, laws, and regulations.

b. Correct alarm contact or generator panel wiring if required.

c. In E-One ZE-One remote alarm panels, replace remote alarm batteries (4-CR2032 3U) having less than 80% capacity and/or are over two (2) yearsold. Test audible alarm signals and replace to silence at conclusion ofinspections and verify that that the audible alarm signal is in a location thatcan be heard in the SFR living quarters.

3. The pump mechanic/technician and electrician may be the same if licensed,certified and qualified according to applicable law.

4. The Contractor shall, prior to the start of the Part A- Inspections and Evaluationswork, submit to and obtain approval from the DPW Director all of

CONTRACTORs inspection check sheets or report sheets anticipated to be usedfor submission to the TOWN to ensure the check sheets and report sheets containrequired information.

5. The CONTRACTOR shall prepare and submit a report and a list of follow uprepairs needed to bring substandard or defective SFRG, System and Unitinstallations into compliance with the Town Standard and such check sheets andreports sheets shall contain, without limitation, information regarding thefollowing:

a. Reported deficiencies found for each Unit include, without limitation:

i. Broken top lids

ii. Power cord issues

iii. Alarm panel issues

iv. Missing parts

v. Grade adjustments Grade rings or re-grading required.

vi. Wiring changes required

vii. Missing components Remote Sentry, generator switch, etc.

b. Identify control panel series/type and note any size and type of fusingpresent. (There may be more than 5 different types or configurations ofcontrol panels.

c. Note whether control or generator panel locks are present.


8/41

8

d. Identify generator outlet NEMA configuration and compliance withNational Electrical Manufacturers Association standard.

e. Recommendations to bring the SFRGs, Systems and Units to appropriateworking status including operation with portable generator, local andremote alarm functions.

f. Note any corrections performed during visit.

g. Estimate all costs and expenses required to bring each Unit up tomanufacturers standards according to System specifications and incompliance with the Town Standard requirements for SFRG installations.(See Appendix B below).

h. Provide, complete, and submit information including that contained in thestandard startup inspection sheet used by FR Mahoney & Associates, Inc.

i. Alarm panels shall be inspected. A list of panels to be replaced to meetcurrent panel capabilities and specifications with automatic transfer andemergency generator connection with Remote Sentry connections shall beprovided with a cost estimate to make all panels fully compliant with theSentry/Remote Sentry configuration with auto transfer generatorconnections.

j. Note any equipment retrofitted with non-OEM equipment, including,without limitation, dates of installation and warranty information ifavailable.

APPENDIX B

TOWN STANDARD

1. All SFRGs, Systems and Units shall be installed according to manufacturesspecifications and requirements, Chelmsford Sewer Use Regulations, installationrequirements, applicable building and electrical codes and all other applicablelaws, regulations, orders, and by-laws.

2. All E-One units shall have an OEM manufactured or prescribed remote alarmmonitor with battery backup capability, in case of power disruption, installed in aregularly occupied location that can be heard in a normal living environment.

3. All systems to include an OEM provided generator switch and outlet.

4. Units and control panels must be easily and readily accessible.

PART B- Maintenance and Repair Service Agreement and Warranty.


9/41

9

Upon award, the CONTRACTOR shall perform the Part B- Maintenance and Repair ServiceAgreement and Warranty services on the following terms and conditions:

MAINTENANCE AND CORRECTIVE REPAIR SCOPE OF SERVICE:

1. The Resident will be responsible to report any alarms found during the Agreementterm directly to the contact number provided by service Contractor.

2. The Contractor and personnel must verbally respond to the Resident within one(1) hour of Residents call to the CONTRACTOR and must schedule an on-siteservice visit at the SFR to be performed within 24 hrs.

3. Standard OEM repair and replacement parts will be carried by theCONTRACTORs service technician or be stored with the Town at its discretion.The Town will not pay for travel time or expenses to pick up standard Systemrepair items. Non-standard System repair items may be purchased and stored bythe Town at its discretion.

4. CONTRACTOR shall use best efforts to repair any Unit during the SFR on-sitevisit. If repair cannot be made, a rebuilt or new pump or core will be installed withan appropriate and industry standard warranty. The replacement parts or Unit willbe manufactured by the OEM unless approved, in writing, by the TOWN.

5. If the removed core or pump can be rebuilt, the CONTRACTOR shall notify theTOWN and such core or pump shall not be rebuilt until the CONTRACTORreceives the TOWNs prior written approval. Rebuilt pumps/cores will bedelivered to the TOWN at no charge and be available for future pump/corereplacements.

6. Service personnel will work closely with the TOWN and provide reasonable,advanced notice indicating when they are scheduled to be in TOWN to performany corrective repairs and maintenance. The CONTRACTOR will notify theTOWN upon completion of a repair or the status of any repair that cannot becompleted during the CONTRACTORs SFR on-site visit.

7. The CONTRACTOR will test and confirm proper operation of the System duringthe SFR on-site visit and note any deficiencies.

8. Contractor will maintain detailed records describing all service visits and the workperformed on any SFRG, System and Unit in a data base and will provide that

information along with an invoice for any work performed to the TOWN on amonthly basis.

9. CONTRACTOR will document and include digital images any instances ofmisuse or abuse of an SFRG, Unit or System by a Resident and immediatelyreport such instances of abuse to the TOWN for TOWN inspection andverification prior to repair being made.


10/41

10

10.Other items or scope of coverage may be added or changed at TOWNs discretion.

1.02 Town's Objectives

This RFP is made pursuant to Section 132-2, Grinder Pumps of the Code of the TownChelmsford, Chapter 132, Sewage Disposal. In connection therewith, the Town'sobjectives are as follows:

A. Comply with the requirements of Section 132-2, Grinder Pumps of the Code ofthe Town Chelmsford, Chapter 132, Sewage Disposal.

B. Evaluate, maintain, and repair Grinder Pumps in accordance with regulationsestablished by the Town of Chelmsford Department of Public Works to facilitateefficient and effective SFR connection and discharge of sewage into the TownsSanitary Sewer System; and

C. Ensure that the Towns Sanitary Sewer System operates reliably and in

compliance with all applicable federal, state and local laws, rules, regulations,standards and permits.

1.03 Receipt of Proposals

Proposals for the services will be received by the Town Managers Office until_______________, 2014 at 2:00 p.m.

The Town will receive separate sealed Technical Proposals and Price Proposals for a full-service contract for the described services. All proposals will be reviewed forcompleteness and responsiveness. All proposals not meeting the Minimum SubmissionRequirements (Section 1.11) as described herein will be rejected.

Each proposal must be submitted to the Town in separate sealed envelopes. The envelopemust be clearly identified as either Technical Proposal or Price Proposal and addressed toPaul E. Cohen, Town Manager, Town Managers Office at Town Hall, 50 Billerica Road,Chelmsford, MA 01824. Five (5) copies of each Technical Proposal and one (1) copy ofthe Price Proposal are required.

It is hereby emphasized that all proposers must certify that the proposal was made in goodfaith and without collusion or fraud by signing the Certificate of Non-Collusion attachedhereto as Attachment C and including it along with their proposals. Proposals that fail toinclude such affidavits may be rejected.

Affidavit of Payment of Massachusetts Taxes, attached hereto as Attachment D, must besubmitted to the Town by the proposers before the award of the Agreement.

1.04 Modification and Withdrawal of Proposals

The Town may waive any informalities or minor defects in proposals or reject any and allproposals. Any proposal may be withdrawn prior to the above scheduled time for the


11/41

11

receipt of proposals or authorized postponement thereof. Any proposal received after thetime and date specified shall not be considered. No proposer may withdraw a proposalwithin thirty (30) days (Saturdays, Sundays and legal holidays, excluded) after the actualdate of the receipt of proposals. Should there be reasons why the contract cannot beawarded within the specified time period, the time may be extended by mutual agreement

between the Town and the successful proposer.

1.05 Examination of Request For Proposals

Each proposer is responsible for inspecting the available contract documents and therelated exhibits, schedules and attachments as well as reading and being thoroughlyfamiliar with the RFP and all of its component parts. The failure or omission of anyproposer to do any of the foregoing shall in no way relieve any proposer from anyobligation in respect to his proposal.

Failure of any firm to familiarize itself with the information contained herein and bethoroughly familiar with the subject matter and RFP and Agreement Scope of Services

shall in no way relieve the firm of its obligation with respect to its proposal.

The RFP contains the provisions required for the work described in the RFP and theAgreement Scope of Services and may be amended at any time prior to execution of theAgreement with the successful proposer in the Towns sole discretion. Any informationobtained from an officer, agent, or employee of the Town or any other person shall notaffect the risks or obligations assumed by the proposers or relieve them from fulfilling anyof the conditions of the proposal.

The Town assumes no responsibility for the completeness or the accuracy of specifiedtechnical and background information presented in this RFP, or otherwise distributed or

made available during this procurement process. Without limiting the generality of theforegoing, the Town will not be bound by or be responsible for any explanation orinterpretation of the proposal documents not made in writing. In no event shall a proposerrely on any oral statement by the Town, or its agents, advisors or consultants.

1.06 Addenda and Interpretations

All questions by prospective proposers as to the interpretation of the RFP shall besubmitted in writing to the Town and shall be in the Town's possession by________________________, 2014 at 2:00 p.m. The Town will then send to proposerswho have taken out the RFP, at the addresses given by them, not less than five (5)calendar days before the date proposals are due to be received by the Town ManagersOffice, responses to all questions so raised which, in their opinion, require interpretationof the terms of the RFP. No responses will be given to oral questions. All questions shouldbe submitted by email, and will be answered by email. All questions for which responsesare issued by the Town will be conveyed to all prospective proposers. The email addressfor questions shall be [email protected].

Each proposer shall be responsible for determining that it has received all addenda issued.


12/41

12

1.07 Price Proposals, Bonds, and Award of Contract

Part A Initial Inspections and Evaluations, to be priced on a fixed, flat fee basis, and PartB- Maintenance and Repair Service Agreement shall be priced separately within the PriceProposal on the form attached to this RFP as Attachment A. Each price proposal must beaccompanied by a proposal bond, certified check or a treasurer's or cashier's check issuedby a responsible bank or trust company, payable to the Town of Chelmsford in the amountof five percent (5%) of the value of the annual fee including the fixed price for the Part A-Inspections and Evaluations. All proposal Deposits will be held until the award of thecontract whereupon they shall be returned unless forfeited by reason of default. The bondof the successful proposer will be retained until the required performance bond has beenexecuted and approved, after which it will be returned.

Each proposer shall sign his/her name in the space provided therefor and be dulyauthorized to do so. If a partnership or corporation makes the proposal, the name andaddress of the partnership or corporation shall be shown, together with the names of thepartners or the officers. A proposal made by a partnership shall be acknowledged by oneof the partners; a proposal made by a corporation shall be acknowledged by one of theauthorized officers thereof, and the corporate seal attached.

A conditional or qualified proposal will not be accepted.

Award will be made in accordance with Section 6 of the Uniform Procurement Act,Chapter 30B, of the Massachusetts General Laws.

The Town may make such investigations as it deems necessary to determine the ability ofthe proposer to perform the work and the proposer shall furnish to the Town all suchinformation and data for this purpose as the Town may request. The Town reserves the

right to reject any proposal if the evidence submitted by, or investigation of, such proposerfails to satisfy the Town that such proposer is properly qualified to carry out theobligations of the Agreement and to complete the work contemplated therein.

A performance bond in the amount of One Hundred (100%) percent of the Agreementannual fee, including Mobilization, with a corporate surety licensed and qualified to dobusiness under the laws of the Commonwealth and satisfactory to the Town, will berequired of the successful proposer for the faithful performance of the contract.

Attorneys-in-fact who sign bonds or performance bonds must file with each bond acertified and effective dated copy of their power of attorney.

The Town reserves the right to reject any or all proposals, to waive any informalities andminor irregularities in proposals received, and to award a contract to a responsibleproposer whose proposal is deemed in the Town's opinion to be the most advantageous tothe Town, price and other factors considered.


13/41

13

1.08 Execution of the Agreement

The party to whom the contract is awarded will be required to execute the Agreement inthe form attached hereto, and obtain the performance bond, and certificate of insurancewithin ten (10) calendar days from the date when notice of award is delivered to theproposer. This form describes the business principles that will provide the basis for theAgreement the Town may ultimately execute. However, this form does not purport to bea complete statement of all the terms and conditions that the Town may elect to beincorporated into the Agreement. The Town may condition award on successfulnegotiation of revisions to the Plan of Services contained in an offeror's Proposal asspecified by the Town in its evaluation. If the Parties are unable to successfully negotiatethe Plan of Services and/or the Agreement, the Town may rescind the award, and proceedto award the contract to the next most advantageous proposal identified during theevaluation process. It is intended that the Scope of Services section, as presented in theAgreement form attached, will be included in the final Agreement form. The Townreserves the right during negotiations to expand, modify, supplement and add to theAgreement. The Notice of Award shall be accompanied by the necessary Agreement andbond terms. If any proposer fails to perform his agreement to execute the Agreement andfurnish a performance bond as stated in his proposal, his proposal deposit shall becomeand be the property of the Town as liquidated damages, provided that in case of death,disability or other unforeseen circumstances affecting the proposer, his deposit may bereturned to him, provided further that the amount of the deposit to be retained shall notexceed the difference between his proposal price and the proposal price of the next mostadvantageous proposal from a responsible and responsive proposer.

It is expected that work under this contract will begin on ___________________, 2014and shall terminate ___________________, 2017 unless the Town elects to extend the

Agreement term in its sole discretion.

1.09 Laws and Regulations

All applicable laws, ordinances and the rules and regulations of all authorities havingjurisdiction over the services shall apply to the Agreement throughout. The successfulproposer must be thoroughly familiar with and comply with Section 132-2, GrinderPumps of the Code of the Town Chelmsford, Chapter 132, Sewage Disposal and allother applicable federal, state, and local laws, rules, regulations, and orders adopted.

This contract is being awarded under the provisions of Section 6 of the Uniform

Procurement Act, Chapter 30B, of the Massachusetts General Laws. Accordingly, theTown Manager is the Chief Procurement Officer for the Town.

Applicable provisions of Massachusetts General Laws and regulations and of the UnitedStates Code and the Code of Federal Regulations govern this contract and any provision inviolation of the foregoing shall be deemed null, and void, and of no effect.


14/41

14

The activity referred to in the Agreement as Inspection and Evaluation, Maintenanceand Corrective Repairs is subject to the Prevailing Wage Law, M.G.L. c. 149 s. 26, etseq. Attached to this RFP as Attachment E is a schedule of current prevailing wage ratesprovided by the Massachusetts Department of Labor and Workforce Development (thePrevailing Wage Rates), which are subject to change from time to time. The party to

whom the contract is awarded will be required to pay the Prevailing Wage Rates that arein effect at the time the work is done on all Corrective Repairs, and to require allcontractors engaged to provide Corrective Repairs to pay such Prevailing Wage Rates.

1.10 Sales Tax

This contract is exempt from State Sales and Use or Excise Taxes to the extent allowed bylaw.

1.11 Minimum Submission Requirements

A. Each proposal must include general information including proposers contact name,

address, telephone and fax numbers, and e-mail addresses and a detailed discussion ofthe proposer's qualifications to perform the services outlined in the Scope of Servicesset forth in the Agreement and include at a minimum, the following general topics:Corporate History and Background, Corporate Financial Statement, CorporateResources, and Demonstrated Qualifications, Capabilities and Experiences.

B. The proposer must provide a client name, contact, address, and phone number of atleast three (3) other municipalities located within the Commonwealth ofMassachusetts having provided substantially similar services with similar scope andvolume as that described in this RFP and the Agreement over the last five (5) years.The proposer must reveal any performance measures or sanctions at other facilities,

(i.e., fines, penalties, early contract terminations, or regulatory directives, costsoverruns, etc.)

C. The proposal must list specific individuals who will be assigned to this Contract, theirresponsibilities and extent of their involvement which list shall include the informationrequired pursuant to the Subcontractors Statement attached hereto as Attachment B.Resumes stating their qualifications and related experience, licenses and certificates ofqualification evidencing their ability to meet the performance standards prescribed inthe Agreement for these individuals must be included and their positions should belocated on an organizational chart of the proposer's firm.

D. The proposer is required to include a Staffing Plan which details job titles, certificationlevels, and a schedule of the coverage for each shift for the proposed work week(including weekends and holidays). The proposed Staffing Plan must comply with therequirements referenced in the Agreement as Exhibit G.

E. Each proposal shall include a Plan of Services, which shall, at a minimum, beresponsive to and satisfy the requirements of the Scope of Services set forth in theRFP and the Agreement.


15/41

15

F. The Plan of Services must comply with all aspects of the Agreement and the pertinentrequirements prescribed by the manufacturers of the prefabricated low-pressuresewage pump systems and of regulatory authorities such as the Towns Department ofPublic Works, and if applicable and without limitation, the Massachusetts Departmentof Conservation and Recreation, the Massachusetts Department of Environmental

Protection, and the United States Environmental Protection Agency.

G. The Technical Proposal must contain a project approach, describing the manner inwhich the proposer will provide the services outlined in this RFP. Any discussion ofthe project approach must, at a minimum, cover the following general topics:Personnel and support staff qualifications, licenses and related experience, AccountingPractices, Management Principles, and Proposed Innovative Service Approaches.

H. The Technical Proposal must contain all other information otherwise required underthis RFP and any addenda, exhibits, schedules and attachments.

1.12 Price Proposal

The price proposal (Attachment A) shall identify any and all costs associated with theScope of Services as described in this RFP and the Agreement, at a minimum, separatingthe costs associated with the Part A- Inspections and Evaluations from the Part B-Maintenance and Repair Service Agreement and Warranty. The Price Proposal shallcontain a cost proposal, with components broken down separately under the followingcategories:

Part A- Inspections and Evaluations- including, but not limited to, supplies andconsumables, for batteries and other simple maintenance items, etc. All labor associatedwith this item shall be provided by the Contractor.

Part B- Maintenance and Repairs Service Agreement and Warranty- including butnot limited to, supplies and consumables, for equipment maintenance, maintenancesupplies, replacement of equipment, replacement parts, spare parts, etc., exclusive of theContractor's on-site labor. All labor associated with this item shall be provided by theContractor.

Personnel Services including, but not limited to hourly wages, overtime paydifferential, travel time, and other costs directly attributable to on-site staff.

Other - any other expense not previously identified.

1.13 Selection and Schedule

Based on the qualitative evaluation, Technical Proposals will be ranked by the TownManager as Highly Advantageous, Advantageous, Not Advantageous or Unacceptable.The Directors evaluation will be in writing.


16/41

16

The name of each proposer and the number of proposal modifications submitted by eachproposer shall be made public on _______________________, 2014 at 2:00 p.m. Aregister of proposals received will be available for public inspection.

The Price Proposal will not be opened publicly. The Price Proposal contents will be keptconfidential and will not be disclosed to competing proposers until the Town completes itsqualitative evaluation.

Any proposer who does not meet the Minimum Submission Requirements set forth hereinshall be determined to be non-responsive and shall be eliminated from the evaluation.

Should a proposal receive an unacceptable rating on any single Evaluation Criterion, thecomposite rating shall also be unacceptable, and the proposal shall be automaticallyrejected and not evaluated further.

The Price Proposal will remain sealed until the Town Manager has completed hisevaluation of the Technical Proposals.

The Town Manager will determine which proposal is the most advantageous, taking intoconsideration the Technical and Price Proposals.

The Town Manager will make an award subject to confirmation by the Board ofSelectmen.

It is expected that notification of the award will be issued within thirty (30) days of thereceipt of the proposals. The Town reserves the right to cancel the RFP, or to reject anyand all proposals.

1.14 Evaluation Criteria

All proposals submitted in accordance with the requirements of this RFP will be reviewedfor completeness and responsiveness. All proposals that satisfy the Minimum SubmissionRequirements will be evaluated by the Town Manager and will be rated for each of thecomparative criteria as follows:

Highly Advantageous (HA)

Advantageous (A)

Not Advantageous (NA)

Unacceptable (U) - Receipt of this rating for any item automatically makes proposalunacceptable in its entirety.

EVALUATIVE CRITERIA

1. The number of years of experience the company has in the evaluation,

maintenance and repair of approximately 150 or more residential prefabricated low-


17/41

17

pressure sewage pump systems comprised of E-One, Myers and Barnes, or similar

units installed in a single or two-family dwelling house over the past 20 years.

HA = Three (3) or more years in Massachusetts

A = Three (3) or more years in New England

NA = At least two (2) years in New England and three (3) or more yearsnation wide

U = Less than two (2) years in New England

2. The number of years of experience the company and its management team have

in managing, on behalf of a Municipality, contracts of similar size and scope with

proven successful performance.



NA = At least two (2) years but less than three (3) years in New England andthree (3) or more years nationwide

U = Less than two (2) years in New England

3. The number of years of technical and mechanical experience the Companys

personnel expected to work directly on services described in the RFP and the

Agreement, excluding its management team, have in performing the scope of

services proposed under the Agreement.



NA = At least two (2) years but less than three (3) years in New England andthree (3) or more years nationwide

U = Less than three (3) years in New England

4. The Companys management team and personnel meet all applicable

certification requirements as prescribed by all applicable laws, rules and regulations

and also by the manufacturers of the prefabricated low-pressure sewage pump

systems for their evaluation, maintenance and repair and have the proper

mechanical and technical training for performance of the work within the Scope of

Services under the RFP and the Agreement. Contractors management team and

personnel must be physically located within 1 hours response time to the Town of

Chelmsford and be available to perform an on-site service visit within 24 hours of

the call and be able to respond to on-call events 24 hours per day, 7 days per week.


18/41

18

A = Meets the requirements.

U = Does not meet the requirements.

5. The number of years of familiarity the Companys management team and

personnel have with the design and operation of similar types prefabricated low-

pressure sewage pump systems for their evaluation, maintenance and repair and

within the scope of services prescribed by the Agreement.

HA = Five (5) or more years.

A = Three (3) but less than five (5) years..

U = Less than three (3) years.

6. Proven ability to post a performance bond and the required insurance for the

Agreement term. Letters of intent should be included in the Price Proposal with

reference statements in the Technical Proposal.

A = Letters of intent from the bonding and insurance companies included inproposal.

U = Letters of intent from the bonding and insurance companies not includedin proposal.

7. Training capability for the Companys personnel required for performance of

the scope of services required under the Agreement for evaluation, maintenance and

repair of the prefabricated low-pressure sewage pump systems.

A = Routinely conducts training as prescribed by the system manufacturers.

U = Training programs only intermittent or not performed.

8. Plan of Services

HA = The plan of services stated in the proposal exceeds the requirements ofthe Scope of Service set forth in the RFP and the Agreement.

A = The plan of services stated in the proposal meets the requirements of theScope of Services set forth in the RFP and the Agreement.

U = The plan of services stated in the proposal does not meet the requirementsof the Scope of Services set forth in the RFP and the Agreement.

9. Project Approach

HA = The project approach stated in the proposal addresses the items statedunder Minimum Submission Requirements and is superior in its content.


19/41

19

A = The project approach stated in the proposal addresses the items statedunder Minimum Submission Requirements.

U = The project approach stated in the proposal does not address the itemsstated under Minimum Submission Requirements.

Agreement

AGREEMENT

THIS Agreement, is made as of ___________________(the Effective Date), by andbetween the Town of Chelmsford acting through its Board of Selectmen, with its principalplace of business at 50 Billerica Road, Chelmsford, MA 01824 (hereinafter TOWN) and[Contractor] (hereinafter CONTRACTOR) with its principal place of business at [address].

I.

GENERAL

1. All definitions of capitalized words or phrases used in this Agreement are stated in EXHIBITA.

2. It is understood that the relationship of CONTRACTOR to TOWN is that of independentcontractor.

3. All facilities, equipment, supplies and vehicles now owned by TOWN shall remain theproperty of TOWN.

4. This agreement shall be governed by and interpreted in accordance with all applicable federal,state and local laws and any rules and regulations prescribed thereunder including, withoutlimitation, those of the Towns Department of Public Works, U.S. Environmental ProtectionAgency, The Massachusetts Department of Environmental Protection, Town of Chelmsford,and the Massachusetts Department of Conservation and Recreation.

5. This Agreement shall be binding upon the respective successors and assignees of each of theparties hereto. Neither party may assign this Agreement without the prior written consent ofthe other party.

6. All notices shall be in writing and transmitted by certified mail to the address noted in ExhibitB.

7. This Agreement, including Exhibits A through G, and Attachments A through E,states the entire agreement between TOWN and CONTRACTOR, supersedes all previous orcontemporaneous representations and agreements (whether written or oral), and may bemodified only in writing and signed by the parties.

II.


20/41

20

SCOPE OF SERVICES

PART A- Initial Inspections and Evaluations of 540 +/- SFR Systems:

1. The initial inspections and evaluations at those SFRs identified in the SFR List

attached hereto as Exhibit C shall be performed by a qualified pumptechnician/mechanic and electrician under Massachusetts prevailing wage ratesand laws.

2. The Contractor will perform initial inspection and testing requirements inaccordance with Appendix A below.

3. The mechanical and electrical inspections and evaluations shall be scheduled andperformed at the same time whenever possible in order to assist each other whennecessary.

4. CONTRACTOR shall provide a Conditions Report for each SRFG, System andUnit with deficiencies, if any, noted and a cost estimate to correct such

deficiencies in order to bring SRFGs, Systems and Units to a common TownStandard as described in Appendix B below.

5. The Contractor will notify and schedule inspections and evaluations with SFRresidents directly.

6. System equipment type, location, condition and accessibility shall be noted, andCONTRACTOR shall schedule directly with the Resident, for access to inspectthose Systems located within the SFR.

7. CONTRACTOR shall provide and change batteries for installed E-One indoorremote alarm panels during the inspection and CONTRACTOR shall performother simple SRFG, System and Unit corrections which shall be noted duringinspections.

8. CONTRACTOR shall prepare, print and supply to each Resident, atCONTRACTORs cost and expense, service contact information stickerscontaining CONTRACTORs 24/7 contact information including all emergencyand administrative contact information within two (2) weeks of the date of theAgreement. The sticker form shall, prior to printing, be provided to the Town forits approval.

9. Service contact information stickers shall be applied by the CONTRACTOR tooutside and inside of control panels.

10.The initial inspections and evaluations shall be completed within three (3) monthsof the date of this Agreement. CONTRACTOR shall use best efforts to scheduleinspections for SRFGs, Systems and Units including those located in inaccessibleareas or inside SFRs the results of which inspections must be recorded in a written,electronic log. CONTRACTOR shall make at least three (3) attempts to scheduleinspections and shall provide weekly submittals of the initial evaluations andconditions reports to the TOWN. A deficiency and repair summary and schedule


21/41

21

of upgrade cost estimates shall be submitted to the TOWN no later than thirty (30)days from completion of inspections and evaluations.

11.Approximately 40 E-One SFRG units are due startup inspections by FR Mahoney& Associates, Inc. as noted on the SFR List and will not be required to be re-tested. Other aspects of the inspections and evaluations not performed during

startup inspections will be completed by the Contractor. The Contractor willcoordinate with FR Mahoney & Associates, Inc. any startup inspections tocoincide with CONTRACTORS inspections for SRFGs, Systems and Units inwhich startup inspections ARE not complete.

APPENDIX A

SYSTEM INSPECTIONS AND EVALUATIONS SCOPE OF SERVICE

1. CONTRACTOR shall furnish a pump technician/mechanic to inspect and test

each grinder system for proper operation required according to manufacturesspecifications and CONTRACTOR shall operate and test all functions of the unitincluding; pump operation and flow, amperage draw, valves, level controls,remote alarm function testing and generator switch operation to include, withoutlimitation:

a. Fill and run pumps under both normal line and generator line power,record voltage and amperage, test all functions for 1 complete cycle.

b. Test alarm light, horn and silence function

c. Pump draw down time from full level.

d. Generator transfer operation to generator and transfer back to line power.e. Test Remote Sentry for alarm notification absent connection to generator

power to verify operation during power loss.

2. CONTRACTOR shall furnish a qualified electrician to inspect the wiring, andvoltage to the system. The CONTRACTORs electrician shall also inspect thefeed circuit breaker in the SFR to ensure the pump is wired correctly to a breakerwith proper capacity, including, without limitation:

a. Ensuring that all electrical connections are tight according to manufacturersspecifications and installations are complete according to all applicable electricand building codes, laws, and regulations.

b. Correct alarm contact or generator panel wiring if required.

c. In E-One ZE-One remote alarm panels, replace remote alarm batteries (4-CR2032 3U) having less than 80% capacity and/or are over two (2) years old.Test audible alarm signals and replace to silence at conclusion of inspectionsand verify that that the audible alarm signal is in a location that can be heard inthe SFR living quarters.


22/41

22

3. The pump mechanic/technician and electrician may be the same if licensed,certified and qualified according to applicable law.

4. The Contractor shall, prior to the start of the Part A- Inspections and Evaluationswork, submit to and obtain approval from the DPW Director all ofCONTRACTORs inspection check sheets or report sheets anticipated to be used

for submission to the TOWN to ensure the check sheets and report sheets containrequired information.

5. The Contractor shall prepare and submit a report and a list of suggestedPreventative Maintenance and follow up Corrective Repairs needed to bringsubstandard or defective SRFG, System and Unit installations into compliancewith the Town Standard and such check sheets and reports sheets shall contain,without limitation, information regarding the following:

a. Reported deficiencies found for each Unit include, without limitation:

i. Broken top lids

ii. Power cord issuesiii. Alarm panel issues

iv. Missing parts

v. Grade adjustments Grade rings or re-grading required.

vi. Wiring changes required

vii. Missing components Remote Sentry, generator switch, etc.

b. Identify control panel series/type and note any size and type of fusing present.(There may be more than 5 different types or configurations of control panels.

c. Note whether control or generator panel locks are present.d. Identify generator outlet NEMA configuration and compliance with National

Electrical Manufacturers Association standard.

e. Recommendations to bring the SRFGs, Systems and Units to appropriateworking status including operation with portable generator, local and remotealarm functions.

f. Note any corrections performed during visit.

g. Estimate all costs and expenses required for suggested PreventativeMaintenance and Corrective Repairs to bring each Unit up to manufacturersstandards according to System specifications and in compliance with theTown Standard requirements for SRFG, System and Unit installations. (SeeAppendix B below).

h. Provide, complete, and submit information including that contained in thestandard startup inspection sheet used by FR Mahoney & Associates, Inc.which form is attached as Exhibit D.

i. Alarm panels shall be inspected. A list of panels to be replaced to meetcurrent panel capabilities and specifications with automatic transfer and


23/41

23

emergency generator connection with Remote Sentry connections shall beprovided with a cost estimate to make all panels fully compliant with theSentry/Remote Sentry configuration with auto transfer generator connections.

j. Note any equipment retrofitted with non-OEM equipment, including, withoutlimitation, dates of installation and warranty information if available.

APPENDIX B

TOWN STANDARD

1. All SRFGs, Systems and Units shall be installed according to manufacturesspecifications and requirements, Chelmsford Sewer Use Regulations, installationrequirements, applicable building and electrical codes and all other applicablelaws, regulations, orders, and by-laws.

2. All E-One units shall have an OEM manufactured or prescribed remote alarmmonitor with battery backup capability, in case of power disruption, installed in aregularly occupied location that can be heard in a normal living environment.

3. All systems to include an OEM provided generator switch and outlet.

4. Units and control panels must be easily and readily accessible.

PART B- Maintenance and Repair Service Agreement and Warranty.

Upon completion of performance of the Part A- Inspections and Evaluations workdescribed above, the CONTRACTOR shall proceed to perform the Part B- Maintenance andRepair Service Agreement and Warranty services INCLUDING, WITHOUT LIMITATION,Preventative Maintenance and Corrective Repairs on the following terms and conditions:

MAINTENANCE AND CORRECTIVE REPAIR SCOPE OF SERVICE:

1. The Resident will be responsible to report any alarms found during the Agreement

term directly to the contact number provided by service Contractor.

2. The Contractor and personnel must verbally respond to the Resident within one(1) hour of Residents call to the CONTRACTOR and must schedule an on-siteservice visit at the SFR to be performed within 24 hrs.

3. Standard OEM repair and replacement parts will be carried by theCONTRACTORs service technician or be stored with the Town at its discretion.The Town will not pay for travel time or expenses to pick up standard Systemrepair items. Non-standard System repair items may be purchased and stored bythe Town at its discretion.

4. CONTRACTOR shall use best efforts to repair any Unit during the SFR on-sitevisit. If repair cannot be made, a rebuilt or new pump or core will be installed withan appropriate and industry standard warranty. The replacement parts or Unit willbe manufactured by the OEM unless approved, in writing, by the TOWN.

5. If the removed core or pump can be rebuilt, the CONTRACTOR shall notify theTOWN and such core or pump shall not be rebuilt until the CONTRACTORreceives the TOWNs prior written approval. Rebuilt pumps/cores will be


24/41

24

delivered to the TOWN at no charge and be available for future pump/corereplacements.

6. Service personnel will work closely with the TOWN and provide reasonable,advanced notice indicating when they are scheduled to be in TOWN to performany Preventative Maintenance and Corrective Repairs. The CONTRACTOR will

notify the TOWN upon completion of a repair or the status of any repair thatcannot be completed during the CONTRACTORs SFR on-site visit.

7. The CONTRACTOR will test and confirm proper operation of the System duringthe SFR on-site visit and note any deficiencies.

8. Contractor will maintain detailed records describing all service visits and the workperformed on any SRFG, System and Unit in an electronic data base and willprovide that information along with an invoice for any work performed to theTOWN on a monthly basis.

9. CONTRACTOR will document and include digital images any instances ofmisuse or abuse of an SRFG, System and/or Unit by a Resident and immediatelyreport such instances of abuse to the TOWN for TOWN inspection andverification prior to repair being made.

10.Other items or scope of coverage may be added or changed at TOWNs discretion.

III.

TOWN RESPONSIBILITIES

The TOWN shall:

1. Provide such equipment and facilities identified above in Section II, Scope of Services forCONTRACTORs use in performance of the work hereunder.

2. Obtain and maintain existing easements, licenses, permits and warranties and make suchamendments to the Sewer Use Regulations as the Town determines are required or desirable.

3. Make Capital Expenditures as necessary, subject to appropriation. CONTRACTOR willcooperate with the TOWN to determine the necessity and amount for these CapitalExpenditures. In the event that the TOWN and CONTRACTOR are unable to reachagreement on the necessity and/or amount of a particular capital expenditure, the TOWN mayretain a professional consultant to decide the necessity and/or amount of the capitalexpenditure and the TOWN's determination shall govern and be final.

IV.

COMPENSATION

1. CONTRACTORs compensation for the Part A- Evaluations and Inspections under thisAgreement shall consist of a flat fee, as follows: $ ________ prorated and payable monthlythrough completion of the CONTRACTORs performance of the Part A- Inspections andEvaluations services. The TOWNs payment of compensation hereunder is subject to anappropriation in the amount required by the Chelmsford Town Meeting.


25/41

25

2. CONTRACTORs compensation for the Part B- Maintenance and Repair Agreement andWarranty services under this Agreement shall consist of an hourly rate for labor services andpayment for parts and materials as follows:_______________________________________.The TOWNs payment of compensation hereunder is subject to an appropriation in theamount required by the Chelmsford Town Meeting for each contract year.

3. The TOWN will pay CONTRACTOR monthly for the Agreement Term. Payment shall bedue and payable on the twenty-first (21st) day of the month after each month that services areprovided. All other compensation to CONTRACTOR is due and payable within twenty-one(21) days of receipt of CONTRACTORs invoice.

V.

TERM, TERMINATION

1. The term of this Agreement shall be three (3) years commencing _________________, 2014and ending ________________, 2017, with one additional option term of two (2) yearsexercisable in TOWNs sole discretion with reasonable advance notice to theCONTRACTOR subject to approved funding each succeeding year after the first year of theAgreement Term at the Chelmsford Annual Town Meeting. Upon termination of theAgreement, the CONTRACTOR shall return to the TOWN all equipment, vehicles andsupplies owned by the TOWN, in as good condition as they existed at the start of theAgreement, reasonable wear and tear excepted. Unless otherwise directed by the TOWN, inno event shall the CONTRACTOR cease to provide services until such time as the TOWNfinds a successor contractor.

2. Either party may terminate this Agreement for breach in accordance with provisions fornotification, time for correction and failure to correct as specified in EXHIBIT E.

3. The TOWN may terminate this Agreement for its convenience if it deems it to be in theTOWNs best interest to do so, on thirty (30) days written notice to the CONTRACTOR. In

the event of such termination, the CONTRACTOR will be paid for all services renderedthrough the date of termination.

VI.

LIABILITY AND INSURANCE

1. CONTRACTOR agrees to defend, indemnify and hold TOWN harmless from (i) any costs,expenses or liabilities, (including costs, expenses or liabilities to third parties) for bodily injury(including death), damage to tangible property, or regulatory non-compliance; (ii) any fines orpenalties for violations of applicable law, to the extent that they are caused by or arise from theCONTRACTORS performance under or breach of this Agreement or the negligent orwrongful acts or omissions of the CONTRACTOR or its agents, servants, employees orsubcontractors.

2. CONTRACTOR shall reimburse TOWN for those fines and civil penalties properly imposedby a regulatory agency on TOWN during the term of this Agreement for violations of existinglaws, regulations or requirements of any of the ASSOCIATED PARTIES, caused byCONTRACTORs negligence or willful misconduct. CONTRACTOR shall be given fullauthority to contest such violations and TOWN shall reasonably assist CONTRACTOR in allsuch proceedings.


26/41

26

3. Each party shall provide insurance coverage as described in EXHIBIT F.

4. CONTRACTOR will provide a performance bond, effective for one (1) year with the penalsum equal to the Agreement Annual Fee and plus the cost of the Part A-Inspections andEvaluations, with annual renewal required.

VII.

DISPUTES AND FORCE MAJEURE

1. In the event labor disputes disrupt CONTRACTORs performance under this Agreement, theTOWN, with CONTRACTORs assistance, or CONTRACTOR at its own option may seekappropriate relief. During such disruption, CONTRACTOR shall use all reasonable efforts tooperate the FACILITIES properly.

2. Neither party shall be liable to the other for its failure to perform or for delay in performance

of its obligations hereunder (other than payment), and the annual fee shall be equitablyadjusted, when due to force majeure consisting of any event beyond its reasonable control,including war, nuclear incidents, , fire, flood, explosion, or other casualty loss, strikes andlabor disputes, accident, epidemic, acts or omissions of government, or delays in itstransportation of supplies, materials, and equipment.

VIII.

CONTRACT DOCUMENTSThis Agreement shall consist of the documents listed below, all of which are incorporated hereinby reference and are an integral part of this Agreement and where there is any inconsistencybetween the terms of these documents they shall take precedence in the order of their listing, asfollows:

1. Any modifications, including but not limited to Scope ChangeAdjustments, duly authorized after execution of the Agreement

2. The Agreement for Services, including Exhibits A through G, andAttachments A through D

3. Performance Bond

4. Certificate of Insurance

5. Price Proposal

6. Technical Proposal

7. Minimum Submission Requirements

8. Information for Proposers


27/41

27

9. Advertisement for Proposals

10. Prevailing Wage Law Certification

IX.

MISCELLANEOUS

1. The parties intend that there shall not be any third party beneficiaries to this Agreement.

2. If any provisions of this Agreement are held invalid or unenforceable by a court of competentjurisdiction, such provisions shall be modified consistent with the original intent of the partiesso as to be enforceable and the remainder of the Agreement shall remain in full force andeffort.

3. The failure of either party to enforce any right hereunder shall not be construed as a waiver ofits right to enforce that or any other right hereunder in the future.

4. The activity referred to in this agreement as Inspections and Evaluations, PreventativeMaintenance, and Corrective Repairs is subject to the prevailing wage law, G.L. c.149, s. 26,

et seq.

CONTRACTOR TOWN OF CHELMSFORD

BOARD OF SELECTMEN

_______________________ ______________________________

_______________________ ______________________________

______________________________

______________________________

______________________________

Approved as to Form

______________________________

Town Counsel


28/41

28

Exhibits

Exhibit A - Definitions

1) ANNUAL FEE means a fixed sum for CONTRACTORs services identified in Part B-Maintenance and Repair Service Agreement and Warranty. The Annual Fee includes alldirect costs, labor, supplies, materials, costs of Inspections and Evaluations, PreventativeMaintenance and Corrective Repairs, overhead and profit for CONTRACTORsperformance of under the Agreement.

2) CAPITAL EXPENDITURES means any expenditure for:

a. The purchase of new equipment or supplies required for the TOWNs performanceunder the Agreement Scope of Services.

b. Expenditures that are planned, non-routine and budgeted by TOWN.

3) CONTRACTOR means the contractor entering into this Agreement with the TOWN.

4) CORRECTIVE REPAIRS means those non-routine/non-repetitive activities requiredfor operational continuity, safety and performance generally due to failure or to avert afailure of the SFRG, System and/or Unit.

5) DPW means the TOWNS Department of Public Works.

6) OEM means Original Equipment Manufacturer.

7) PREVENTIVE MAINTENANCE means those routine and/or repetitive activities

required by good industry practice, manufacturer recommendations or CONTRACTORsservice plan.

8) RESIDENT means the owner, occupant or authorized agent of and SFR covered by theAgreement.

9) SFR means a single or two family residential home serviced by a single prefabricatedpump unit that is not classified as, or used for commercial purposes or other use beyondtwo-family residential occupancy.

10)SFRG means a single, prefabricated low-pressure sewage grinder pump system as

provided by the original manufacturer or distributor for use in and SFR.

11)SYSTEM means the prefabricated can and all related and necessary equipment requiredfor its proper function and operation located within the can and the disconnect switch,control panel, remote alarm panel, generator switch panel, battery backup, level controlsand other equipment as provided by the original manufacturer or distributor. Additions ormodifications to the original SFRG are not included in this definition.


29/41

29

12)TOWN means the Town of Chelmsford, acting by and through its Board of Selectmen.

13)TOWN STANDARD means the required components to a SFRG that are coveredunder the Agreement.

14)UNIT means the prefabricated can, pump, core and other equipment located within thecan.


30/41

30

Exhibit B - Addresses

TOWN:

Town Managers OfficeTown Offices50 Billerica RoadChelmsford, MA 01824Attn: Paul E. CohenTel. 978-250-5201Fax. 978-250-5252

and

Public Works DirectorTown Offices50 Billerica RoadChelmsford, MA 01824Tel. 978-250-5228Fax. 978-250-5252

CONTRACTOR:


31/41

31

Exhibit C SFR List


32/41

32

Exhibit D FR Mahoney & Associates, Inc. Inspection Sheet


33/41

33

Exhibit E - Breach, Cure and Termination

Either party may terminate the Agreement upon material breach by the other party, bywritten notice of the breach to the other party, provided that the breach is not correctedwithin ninety (90) days (or if related to compensation, within thirty (30) days after receiptof notice). In the event of such a termination CONTRACTOR will, at TOWNs writtenrequest, perform mutually agreeable transitional services in accordance with thisAgreement, for a mutually agreeable period of time. Material Breach shall include, butnot be limited to:

Failure of a party to comply with any of its material obligations under theAgreement ;

Failure to make a payment due under the Agreement;

The CONTRACTORs forfeiture or refusal to provide and/or maintain insurancecoverage required by the Agreement; and

The CONTRACTORs forfeiture or refusal to provide and/or maintain thePerformance Bond as required by the Agreement.


34/41

34

Exhibit F - Insurance and Waiver of Rights and Subrogation

During the period of this Agreement, CONTRACTOR shall maintain:

1. Statutory workers compensation for all of CONTRACTORS employees as requiredby law.

2. Comprehensive general liability insurance for bodily injury and/or property damagewith $2,000,000 combined single limits, per occurrence and in the aggregate.

3. with respect to its owned and hired vehicles, commercial Automobile LiabilityInsurance for bodily injury and/or property damage with $1,000,000 combined singlelimits per occurrence and in the aggregate.

4. Pollution liability in a minimum amount of $2,000,000.

5. Umbrella liability of at least $5,000,000.

Prior to commencing services under the Agreement, the CONTRACTOR shall furnish theTOWN with satisfactory proof of such insurance, and each policy will require a 30-daynotice of cancellation to be given to the TOWN while this Agreement is in effect. Thesepolicies shall be in effect at the time the CONTRACTOR takes possession of theFACILITIES. The TOWN shall be named as additional insured according to its interestduring the term of this Agreement.

Each party shall maintain:

1. Adequate property insurance for its equipment and real and personal propertyincluding, but not limited to, extended coverage.


35/41

35

Exhibit G - Contract Operations Staffing Plan

At a MINIMUM, the CONTRACTOR shall provide 24 hours/day, 7 days/week on-calloperational coverage for the services under the Agreement, including staff coverage andstock of appropriate and adequate equipment and supplies to accomplish required andexpected tasks.


36/41

36

Attachments

Attachment A - Price Proposal

DESCRIPTION COST WRITTEN COST

1. Part A- Inspections and

Evaluations Services (flat

fee)

2. Part B- Maintenance and

Repair Service Agreement

and Warranty

a. Personnel Services

Other

Price Proposal (continued)


37/41

37

I, the undersigned, on behalf of the proposer named below, herein submit the attached Price Proposalfor Contract for Inspections, Evaluations, Maintenance and Repair Residential, Pre-fabricated, LowPressure Sewage Pump Systems Servicing One and Two Family Dwellings Located within the Townof Chelmsford, for the period from ________________, 2014 through ____________________,2017:

PROPOSER: _______________________________________

Name of Proposer

Address of Proposer

Telephone Number

Fax Number

E-Mail

Signature

Printed Name

Title

Federal EmployerIdentification Number

Date


38/41

38

Attachment B - Subcontract Statement

Proposers are required herein to provide information which includes but is not limited toname, address, telephone number, references, scope of work under this project, etc., for allcontractors, subcontractors, and outside contractors, and joint venture participants who willprovide services under this contract.


39/41

39

Attachment C - Certificate of Non-Collusion

CERTIFICATE OF NON-COLLUSION

The undersigned certifies under penalties of perjury that this bid or proposal has been made and submitted in good

faith and without collusion or fraud with any other person. As used in this certification, the word person shall

mean any natural person, business, partnership, corporation, union, committee, club, or other organization, entity,

or group of individuals.

_________________________________________Name of person signing bid or proposal

_____________________________________Name of Business


40/41

40

Attachment D REAP Certification

REVENUE ENFORCEMENT AND PROTECTION CERTIFICATION (REAP)

Pursuant to Massachusetts General Law, Chapter 62C, Section 49A, I certify under the penalties ofPerjury that the company named below has filed all Massachusetts state tax returns and paid allMassachusetts state and town taxes required under Law, and has complied with all laws of theCommonwealth relating to payment of taxes, reporting of employees and contractors, and withholdingand remitting child support.

Company Name: ____________________________________________________________

Street and No.: ______________________________________________________________

City or Town: _______________________________________________________________

State: ___________________________ Zip Code: _____________________________

Telephone No.: ___________________________________

Social Security No. or Federal Identification No.: ___________________________________

Failure to complete this form may result in rejection of bid.

_____________________________________Authorized Signature

_____________________________________Date


41/41

Attachment E Prevailing Wage Rates

chelmsford grinder maintanence rfp 210

Documents