Proposer / Bidder Registration Form - Beverly, … certify tha t who signed the said Proposal on...

Proposer / Bidder Registration Form

It is the Proposer / Bidder’s responsibility to make certain they have received any/all addenda relating to their bid / proposal prior to the bid opening date. If you are downloading a bid/proposal we strongly encourage you to notify the City of Beverly Purchasing Department at [email protected] and provide us with the following information. In the event an addendum is issued it will be sent to all bidders who have provided the City with this information.

Request for Proposal or Invitation for Bid Number: 18-003

Contact Name:

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Company Name:

______________________________________________________________________

Address:

______________________________________________________________________

City/Town: State: Zip Code:

__________________________________________________ ________ _______

Phone:

______________________________________________________________________

Fax:

______________________________________________________________________

Cell:

______________________________________________________________________

Email:

______________________________________________________________________

mailto:[email protected]

CITY OF BEVERLY

18‐003 BEVERLY MIDDLE SCHOOL RELOCATION SERVICES

INVITATION FOR BIDS DUE:

Wednesday, February 21, 2018 @ 11:00 A.M. at the Office of the Purchasing Agent,

City Hall, 191 Cabot Street Beverly, Massachusetts 01915

Submitted Forms Checklist

For the Bidder’s Convenience we have included this form.

Please be sure you have included the following.

Included

□ Yes □ No One (1) Original and two (2) Copies Bid Submission

□ Yes □ No One (1) Original and two (2) CopiesSchedule A and Schedule B

□ Yes □ No Certificationof Non Collusion / Statement of Tax Compliance

□ Yes □ No Conflict of Interest Certification

□ Yes □ No Certificate of Vote of Corporation (if applicable)

□ Yes □ No Certificate of Compliance withM.G.L.c.151B/Non-Debarment

Signature

CERTIFICATE OF NON‐COLLUSION AND

STATEMENT OF TAX COMPLIANCE

CITY OF BEVERLY, OFFICE OF THE PURCHASING AGENT 191 Cabot Street Beverly, MA 01915

CERTIFICATE OF NON-COLLUSION

The undersigned certifies under the penalties of perjury that this response 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.

Signature of Individual Signing Response:

Name of Business:

Date:

STATEMENT OF TAX COMPLIANCE

Pursuant to M.G.L. Chapter 62C, Section 49A, I certify under penalties of perjury that I, to my best knowledge and belief, have complied with all laws of the Commonwealth of Massachusetts relating to taxes.

Social Security or Federal Identification Number:

Signature of individual signing response:

Date:

CONFLICT OF INTEREST CERTIFICATION

The Undersigned hereby certifies that: 1. The Undersigned has not given, offered, or agreed to give any gift, contribution, or offer of employment as an inducement for, or in connection with, the award of a Contract. 2. No consultant to, or subcontractor for, the Undersigned has given, offered, or agreed to giveany gift, contribution, or offer of employment to the Undersigned, or to any other person, corporation, or entity as an inducement for, or in connection with, the award to the consultant or subcontractor of a Contract by the Undersigned. 3. No person, corporation, or other entity, other than a bona fide full time employee of theUndersigned has been retained or hired to solicit for or in any way assist the Undersigned in obtaining a Contract upon an agreement or understanding that such person, corporation or entity be paid a fee or other compensation contingent upon the award of a Contract to the Undersigned. 4. Undersigned understands that the Massachusetts Conflict of Interest Law, Chapter 268A of theMassachusetts General Laws (M.G.L.), applies to the Undersigned and its officers, employees, agents, subcontractors, and affiliated entities. 5. Undersigned understands that the Undersigned and its officers, employees, agents,subcontractors, and affiliated entities, shall not participate in any activity which constitutes a violation of the Massachusetts Conflict of Interest Law or which creates an appearance of a violation of the Massachusetts Conflict of Interest Law.

Signature required

CERTIFICATE OF VOTE OF CORPORATION (if applicable)

CITY OF BEVERLY, OFFICE OF THE PURCHASING AGENT

191 Cabot Street Beverly, MA 01915

CERTIFICATE OF VOTE OF CORPORATION (if applicable)

Date:

I, , Clerk-Secretary of the corporation named in the foregoing

Proposal, certify that who signed the said

Proposal on behalf of said corporation, was then the of said

(Title)

corporation; that I know his signature and that his signature thereto is genuine and that said

Proposal was duly executed for and on , 2017.

(Clerk-Secretary)

Date of Incorporation:

(Corporate Seal)

CERTIFICATE OF COMPLIANCE WITH M.G.L. c. 151B

The undersigned hereby certifies that it is in compliance with and shall remain in compliance with Massachusetts General Laws (M.G.L.) Chapter 151B and shall not discriminate on any prohibited basis outlined therein. The Proposer also hereby certifies that it shall comply with any and all applicable Supplier Diversity Office (SDO) thresholds that have been established for the project.

Signature required

CERTIFICATE OF NON-DEBARMENT The undersigned hereby certifies 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 in which it is debarred, suspended, or otherwise prohibited from practice by any federal, state, or local agency, the Proposer shall inform the Owner within one (1) business day of such debarment, suspension, or prohibition from practice.

Signature required

Beverly Middle School

RELOCATION SERVICES

SCOPE OF WORK

Schedule 1.1

1.0 Introduction and Project Background:

1.1. This Scope of Work sets forth the requirements for the Move Contractor for the Beverly Middle School Relocation project.

1.2. The City of Beverly has constructed a new facility located at 502 Cabot Street in Beverly, MA. The scope of the services for this Invitation for Bid is to relocate staff and faculty from the existing Briscoe Middle School on Sohier Road, Beverly MA and five (5) additional locations (elementary schools) within the school district to the new facility.

1.3. The new facility is expected to house approximately 160 faculty and staff as well as a library, gymnasium, music room, auditorium and art rooms.

1.4. The NEW building has four (4) main floors, with a split-level end wing housing the auditorium and physical education areas. The total square footage for the facility is 213,000. (See attached plans)

1.5. The loading dock entrance is located at the rear of the building adjacent to the facilities staff area and houses one of the three (3) elevators located in the facility. There are three (3) passenger elevators located in the new facility (see plan for locations). Each elevator will need to have the interior finishes protected prior to the move. None of the elevators are designated as freight. The interior dimensions are as follows: Elevator 1: 6’ 5” wide x 5’ 5” deep. Clear opening of 3’ 6”. Elevator 2: 7’ 5” wide x 5’ 6” deep. Clear opening of 4’ 0”. Elevator 3: 6’ 5” wide x 5’ 5” deep with 3’ 6” clear opening.

1.6. There should be minimal activity in the new facility during the move as it is expected that construction and punch list items as well as furniture and fixture installs should be complete.

2.0 Definitions. The following terms used in this Scope of Work are defined as follows:

2.1. “Heery” means CBRE | Heery

2.2. “Move Team” means Client, CBRE | Heery, and Moving Contractor.

2.3. “Move Contractor” means Moving Contractor.

2.4. “SOW” means Scope of Work.

2.5. “IT” means Information Technology

3.0 Project Timeline:

3.1 The timeline for this project will be from approximately May 15, 2018 through July 15, 2018. This time is an approximation and may change as schedules and timelines change. The estimated start date is expected to be on or about June 1, 2018 with the delivery of crates and boxes. The period of performance for this agreement will be a total of 8 weeks from Mid-May 2018 through mid-July 2018.

3.2 The move is expected to occur over a two (2) week period after the end of the current school year. It is projected that there will be four (4) days of physical movement with a an additional contingent day and two (2) days of providing building protection at the new facility and removing the same protection at the end of the move.

3.3 A site visit along with a Q & A session will be scheduled for Thursday, February 8, 2018 to allow for the

prospective bidders to view the existing Briscoe Middle School space. Questions should be sent to [email protected] prior to the scheduled walkthrough and will be distributed at that time. Final questions should be received no later than Wednesday February 14, 2018. Firms interested in attending the walkthrough should send attendee information to [email protected] no later than noon on Wednesday, February 7, 2018. A confirmation email with the time of the walk through will be sent before 4:30 that same day. All written questions shall be compiled and addendum(s) will be sent to all bidders who have filled out and returned the Bidder Registration Form (first page of this document). Bidder Registration Form should be emailed to [email protected] with “Bidder Registration Form – #18-003 Beverly Middle School Relocation Services” in the email subject line.

4.0 Statement of Work:

4.1 The Briscoe Middle School will relocate approximately 160 personnel and equipment between six (6) buildings over one week. The Faculty and Staff will consist of full time employees. Each Faculty member will have three (3) boxes for their classroom/office space unless otherwise noted. Additional boxes will be needed to move over common resources such as text books and materials for special areas. Areas that will require crates will include the administration and guidance areas as well as the nursing staff. Crates for these areas will require security tags for the move.

4.2 The move itself is anticipated to begin at the end of the school year and within a week of the final day of

school. The current end of school is anticipated to be June 19th, barring no additional make up days required due to inclement weather. Moves will occur during the day. It is anticipated that the moves will occur over six (6) days, including the installation of protection at the new facility. The Move Contractor should be on-site at the building of destination (New Middle School) by 8:00 A.M on the first day to unload the necessary protection materials and supplies. The actual physical move will commence on the second day of the schedule. The first move will involve moving the Library and Music room equipment and materials. The second day of the physical move, a truck will pick up boxes and furniture from each of the elementary schools. Should the move not be completed in the projected six (6) day timeframe, the mover is expected to notify the move team and provide the resources needed to complete the move within the time frame outlined for the period of performance.

4.3 In addition to the staff, there will be equipment and a small amount of furniture that will move from the

originating locations to the new facility. The ‘equipment’ will consist of small tables from the elementary schools, music stands and chairs from the current middle school; a baby grand piano and an upright piano; gym equipment such as soccer balls, basketballs etc.

4.4 A representative from the contracted moving company will be required to attend a coordination meeting

three (3) weeks prior to the move. This meeting will be conducted by Heery (and the representatives from the Move Team). The meeting will be the vehicle by which the Move Contractor will receive the information for move regarding the following:

4.1.1. Number of personnel to be relocated. 4.1.2. Origination locations. 4.1.3. Destination floors and department location on that floors. 4.1.4. Logistics plans, Move Migration Plan and Move List. 4.1.5. Special considerations (specific to the move).

4.5 As stated above, the Move Team is a team of stakeholders that will coordinate many aspects of the project

to ensure a successful relocation process. To that end, Heery will be the on the ground to assist in facilitating the moves and act as a direct liaison between the Move Team and the Move Contractor. It is paramount that each relocation be executed both efficiently and timely.

5.0 Move Contractor General Management Responsibilities:

5.1. The Move Contractor will supply the personnel (labor), equipment and transportation required to execute all moves as required by the attached schedule. Inappropriate staffing, in order to protract (extend) the actual relocation will be considered non-compliant and a breach of contractual obligation.




5.2. The Move Contractor will supply two (2) supervisors, one (1) at the origination point and one (1) at the

destination point. These supervisors will work in concert with Heery during the actual relocations.

5.3. The Move Contractor will be required to collect, load and transport all personal equipment, contents and peripheral equipment (for each move, as identified by the move team). Upon arriving at the new location; the Move Contractor will be responsible to unload and transport to the designation address (room or workstation number) as determined by the labels on the contents and equipment.

5.4. The Move Contractor will attend the ‘Move Contractor prep’ meeting the week (or two weeks) prior to the

actual relocation, a post-move walk through and any post move clean up (i.e. collection of moving equipment or extra boxes/cartons) as required or directed by Heery.

5.5. The Move Contractor is responsible to notify Heery (and/or the Move Team) of existing damages prior to

start or new damages immediately upon discovery.

5.6. The Move Contractor will provide Bills of Lading, accurately describing the number and name of personnel, equipment and supplies provided for each move. This information will be reviewed for accuracy by Heery and supplied to the Move Team for their records.

5.7. Not used.

5.8. Damage to Client or private property as a result of faulty equipment or inappropriate behavior by moving

personnel is the responsibility of the Move Contractor. Repair of damaged property will be back charged to the Move Contractor.

5.9. It is the responsibility of the Move Contractor to keep the Move team apprised of all issues that may

negatively impact the relocation plan.

5.10. Contractor shall follow payment procedures outlined as follows. PAYMENT PROCEDURES. A detailed written invoice supported by documentation indicating the number of workers; materials and vehicles utilized during the move should be submitted to the CBRE Heery relocation Project Manager for review and comment prior to submission to the city of Beverly will be required. Review comments by the Relocation Project Management team will not take more than one week from date of receipt. The costs of this section of the SOW and payment application shall correlate to the total awarded for the Move proposal.

5.11. The Move Contractor shall provide rates for all personnel and equipment for the duration (approximately May

2018 through July 2018) of the project. Please use Schedule A & B to provide the different rates for personnel and equipment. This will be used as an exhibit to the contract.

6.0 Move Contractor Personnel:

6.1. Appearance of personnel will be well groomed with clean uniforms.

6.2. Moving personnel may be required to wear construction boots and possibly hard hats while at the destination facility and must comply with OSHA standards.

6.3. Move Contractor uniforms must be in good repair with logos representing only their company name.

6.4. Move Contractor must demonstrate the ability to staff project moves with personnel who are professional,

courteous and proficient in their field of responsibilities.

6.5. Move Contractor will document the ability to support the staffing requirements for this project with trained and competent personnel as described in attached Schedule A.

6.6. Move Contractor will assign a Project Manager for the duration of the project and they will be responsible for

the management of the move, attending meetings, project deliverables, site visits and walk through, and project move closeout procedures.

6.7. Move Contractor’s supervising personnel shall carry and display an identification badge on their person which is visible and available for review. This identification will be provided by Vendor Security and will display the personnel’s picture and name.

6.8. Move Contractor will provide a written assessment of the minimum number of personnel to perform each

move phase. This list will include the types and quantities of each personnel.

The moves are planned to commence on Tuesday and if not completed by Friday, will continue on Monday of the following week. The move will continue until complete with work occurring during daytime work hours.

7.0 Move Contractor Equipment and Material Requirements:

7.1. Move Contractor shall show the ability to provide equipment in sufficient quantities to complete the entire SOW for the project. Quantities of equipment and supplies are listed in attached Schedule A.

7.2. Move Contractor is expected to provide a sufficient number and type of moving equipment and supplies to

efficiently and effectively conduct each move.

7.3. Move Contractor will provide a written estimate of the equipment and supplies required for each move phase on attached Schedule A.

7.4. Move Contractor equipment is to be in a safe and in good working condition for the full term of the project.

Any equipment that does not meet a safe and good working condition must be replaced at the Move Contractor’s expense and removed from use during the project.

7.5. '‘Equipment and Materials’ listed on Schedule A are the minimum requirements that must be met to adhere

to the project deliverables.

7.6. Move Contractor will deliver equipment and materials in adherence to the project move timelines.

7.7. Move Contractor will provide both wall protection and Masonite (or other Client-approved protection) pathways in the new facilities. These materials will be adhered to doorways, walls and at corners to protect the corridors as the contents and equipment are being transported to their final destination. The wall and flooring protection must be removed after the move to limit potential safety hazards.

7.8. Move Contractor will provide cartons, tape, commercial bins, equipment carts, panel carts (if required),

library carts and equipment carts as required for each move.

7.9. Move Contractor should provide an ‘alternate’ price to provide mobile crates (e-crates or Tyga boxes) to be utilized in lieu of cardboard cartons. The mobile crate is a plastic container that is designed to be placed into its own dolly. Additional crates can be stacked (4 high) on top of a closed container. The containers should have the ability to hang either letter or legal folders or provide rails to do such. The container lids should be interlocking and have the ability to be secured with plastic tie-wraps (also supplied by the Move Contractor).

8.0 Move Contractor Required Meeting Attendance:

8.1 Move contractor shall attend move coordination meetings (two) with the Client and the Heery move coordination team for planning to discuss strategies and contingencies for moves in addition to the pre-move meetings as your input is encouraged.

8.2 Not Used.

8.3 Move Contractor will attend other meetings as required for scheduling logistics of moves.

8.4 Move Contractor will attend post-move “lessons learned” meeting to offer input and plus / delta discussions.

9.0 Move Logistics:

9.1 Move Contractor will deliver cartons/boxes (or plastic crates and dollies), commercial bins, carts, labels and any other materials required for each move at the predetermined time (approximately two (2) weeks prior to move day). Cartons and commercial bins designated for the Library and storage rooms may be delivered earlier than two (2) weeks prior to the move based on direction by Heery and the Client supervisor. The Move Contractor will pick up all materials on the following Friday after the move. Heery will need to preauthorize pickup of post move materials on days and times other than the Friday ‘move day’ to avoid the four (4)-hour minimum and transportation charges.

9.2 Move Contractor will coordinate move day logistics with Heery and the Client.

9.3 Move Contractor will coordinate parking, loading areas/docks, building entry, elevator usage, and any other

staging or logistics with Heery and respective building facilities group.

9.4 Move Contractor will provide and install necessary clean and debris-free Masonite for the protection of floors, walls, carpeting and any other building fixture that need to be protected during the moves (See 7.7).

9.5 Move Contractor will provide and install elevator padding (if building facilities does not have) for the

protection of elevator walls and doors.

9.6 Move Contractor will provide and install corner guards to protect walls and other surfaces from damage during moves. This protection should be adhered using ‘painter’s tape’ (See 7.7).

9.7 The wall and floor protection may remain in place until the relocations in that particular area are complete

(See 7.7). 9.8 Move Contractor will pick up any unused packing material, Masonite, corner guards, tape, supplies and

boxes, debris or any other materials used in the process of the move that were supplied by the Move Contractor.

9.9 Move Contractor will remove all equipment from the job sites that the Move Contractor owns and uses,

unless specifically requested by Heery or by the Client in advance. 9.10 Move Contractor shall not use any tape, adhesive, glues or any other types of materials that may damage,

scratch, or deface the property of Heery, the Client or building owners. 10.0 Personnel Moves:

10.1 Move Contractor will conduct pre-move planning walk through with Heery to discuss issues and planning for

moves.

10.2 Move Contractor will supply to Heery, one week prior to the relocation, a list of all moving personnel that will be engaged for that particular move. Any changes, additions or substitutions from the original list should be noted and forwarded to CBRE Heery as soon as possible.

10.3. The Move Contractor, along with the Heery staff, will conduct pre-move walk through prior to the Move

Contractor’s arrival, on move day, to ensure all personnel are packed and ready to move. Move Contractor / Heery representative will document items to be moved on inspection sheet and track movement to destination location. Both the move supervisor and a Heery representative should sign the inspection sheet prior to the move and again at the end of the move.

10.4 Move Contractor will offer suggestions for move day logistics and strategy for staging and moves at the pre-

move meetings and during pre-move walk through.

10.5 Move Contractor will be required to pack the library located on the second floor of the current school. Library shelf mapping will be done by the Heery move team prior to the packing. Unpacking of the library will be required at the destination. Additional packing is not anticipated but should be priced in the schedule. Cost for packing should be included on the Schedule A & B.

10.6 Not Used.

10.7 Move Contractor will secure any loose items in vehicles prior to departure to insure proper protection during transportation.

10.8 Move Contractor and Heery will conduct and document a post move inspection to insure all items listed on the inspection sheet have been properly moved and no damage has been found.

10.9 Move Contractor and Heery will designate an area (Lost and found) on the destination side for ‘unlabeled items’. Heery and the Moving Contractor will check that all items on the inspection sheet have reached their destination. Heery will manage the post-move help desk to see that items in the ‘lost and found’ area find their way to the intended destination.

11.0 Equipment Moves (PCs, printers, printer and scanners):

This section intentionally left blank. Any information regarding IT requirements will be incorporated accordingly by Amendment into the Invitation for Bid prior to the submission due date.

12.0 Proposed Move Dates for Personnel and Equipment:

12.1 The moves are designated as Elementary Schools [Ayers Ryalside; Cove; North Beverly; Hannah; Centerville] and Briscoe Middle School. The ‘move schedule’ is provided to assist the Move Contractor in calculating the quantity and duration of the relocation aspect of the project. However, the actual schedule or sequence of a specific move may need to be adjusted or revised. These adjustments will be determined by the progression of the construction and as particular areas of the building are completed.

12.2 The schedule reflects seven (7) days of move activities. Should additional moves be necessary, the rates provided in Schedule A will be used to extend or augment the contracted amount.

12.3 The schedule is based on moving approximately up to 160 people. The move will be comprised of multiple different origination points in the city of Beverly.

12.4 The Move Contractor should include the maximum number in their proposal as well as flexibility to conduct moves during the week when the schedule requires or such can be accomplished with no disruption to operations.

12.5 Proposed Move Schedule.

NOTE: 1. The above numbers and dates are approximate and based upon current information, which is subject to change during planning. All updated information will be provided and incorporated accordingly into the Contract. 2. The move will include a baby grand piano and an upright piano. Pricing to move these items should be set as a separate line item and it is expected that if the Mover does not have experience moving these types of items that they will acquire these services through an experienced professional. 3. The move will require the assistance of packing, delivering and unpacking of the current school library. There are approximately 10,000 volumes in the current library to be moved. The origination space does not have an elevator and the library is located on the 2nd floor of the current middle school.

13.0 Communication:

13.1 Moving Contractor’s representative is required to have an email address and will need to check it on a regular basis for communications from the Move Team.

13.2 Moving Contractor is required to supply their on-site supervisors with portable cellular devices to

communicate with the Move Team (Heery and school staff) before, during and after all moves. Each site, (origin and destination), must have personnel (Moving Contractor supervisors or Heery personnel) with communication devices as well as drivers of the trucks.

13.3 Move Contractor shall communicate with the entire Move Team (the Client and Heery). However, Heery will

be their point-of-contact during the course of the move. Heery will facilitate communications with the other team members regarding status of move and updates.

13.4 Moving contractor (and their employees) should not have direct communication with customer and/or

personnel unless approved and/or directed by the Move Team (the Client and/or Heery); this will avoid conflicting direction.

13.5 Moving contractor will have the ability to communicate within the Microsoft suite of applications including, but not limited to; Word, Excel, PowerPoint, Project, and Adobe Acrobat (PDF).

14.0 Project Completion Criteria:

14.1 The successful completion and relocation of all personnel contents and equipment.

14.2 The collection and removal of all Move Contractor’s equipment from the site.

14.3 The collection and removal of all cardboard cartons, commercial bins and/or plastic crates with integrated dollies.

14.4 The submission of all invoicing to Heery for review and processing.

14.5 Resolution of any claims of damage or incidents of injury that occur during the course of the project. 14.6 Contractor will attend a final Move Services Punch list walk through upon substantial completion of each

phase. The Contractor is responsible for completing punch list items prior to closeout and final payments. Reference Specification Section 017700-Closeout Procedures.

15.0 Submittals:

15.1 The Move Team is looking for a reliable, financially stable moving contractor who will meet the quantitative information provided in the Scope of Work, work as an integral member of the team and provide the lowest price for their services. Sealed bids will be received at the Procurement Office, Room 24, Beverly City Hall, 191 Cabot Street, Beverly, MA 01915 until Wednesday, February 21, 2018 at 11:00 A.M. at which time they will be publicly opened and read. Bids received after the due date and time will not be accepted.

15.2 The Move Contractor shall provide information addressing each of the factors in the same sequence as

delineated below. The submission shall be sufficiently detailed to demonstrate compliance with the specifications and should include, at a minimum, the following:

15.2.1 Relevant Past Performance

The move contractor shall list three (3) school relocation move service projects that have been completed successfully in the past five (5) years which demonstrate work similar to that described (maximum 1 pages per project). The projects should be of similar size, scope and complexity.

One project must demonstrate school relocation move services which involved, at a minimum, multiple tenants moving amongst multiple locations.

For each project listed, contractors shall include a short description of the work performed, the client name and point of contact familiar with the contractor’s performance (name, telephone number, address, and email address) total dollar amount of work performed, and period of performance. This information shall serve as references to your submitted projects and they will be contacted by the Client personnel to verify information.

15.2.2 Key Personnel:

The move contractor shall clearly identify the proposed Project Manager and Work Supervisor planned for this school relocation move project. The Project Manager shall have a minimum of five (5) years’ experience in the field of office/school relocation move services with at least two (2) years’ experience as a Project Manager. The Work Supervisor shall have a minimum of five (5) years’ experience in the field of office/school relocation move services. Provide work history for these individuals as evidence of the requisite experience. The Project Manager and Work Supervisor(s) shall be the on-site point of contact at all phases of the project. Interviews of Key Personnel may be requested prior to award.

15.2.3 Management Approach:

The move contractor shall detail a proposed management approach which minimally provides an organization chart and responsibility description of each discipline in how the company intends to successfully complete a multiple location/challenging site conditions relocation move project. The management approach shall provide and demonstrate the contractor’s relevant experience and capability with planning, scheduling and logistics required to complete a multi-site relocation. The management approach shall be evaluated on the level of sufficient detail that indicates and demonstrates capability of performance (maximum 5 pages).

The Client will evaluate each contractor’s general capacity to fulfill task orders under this agreement and will consider all elements required in the contractor’s capability and capacity narrative.

Each Contractor shall submit a narrative detailing the contractor’s ability to provide the Client with the full range of relocation move services described in the Invitation for Bid to fulfill task orders under this agreement.

The move contractor shall be required to submit their proposed pricing on the price quotation sheets provided as part of this Invitation for Bid (See Schedule A & B).

For evaluation and award purposes, each firm shall submit a price proposal which shall indicate the overall cost to the Client for all services as defined in the Scope of Work. The price proposal must include all supervision, labor, materials and equipment costs.

a. The Move Contractor’s submittal shall include all the applicable unit costs as requested on

Schedule A & B.

b. The proposal should include a not-to-exceed lump sum for the entire relocation schedule.

c. The proposal should include a break-out for each move, including labor and equipment.

d. The proposal should include an alternate/allowance to complete moves that require unforeseen additional work.

e. The proposal should include the unit cost for a crew of four (4) to be on-site (after a move) to

make adjustments, place items or move equipment, if necessary. The Client shall not be charged if this service is not used.

f. The move team will evaluate the submittal based on the contractor’s ability to demonstrate their

understanding of the Scope of Work and the project requirements.

g. If a contract is awarded, it will be awarded to the lowest not to exceed priced responsive and responsible bidder complying with the conditions set forth in the contract documents, provided that acceptance of the bid is, in the opinion of the awarding authority, in the best interest of the City of Beverly.

16.0 Owner Requirements of Vendors:

To be considered for award for this agreement, the contractor is required to have a fully staffed team in good standing. When submitting your bid, please note the City of Beverly does not pay for travel.. This is a non- prevailing wage job.

17.0 Insurance Requirements

The Contractor shall carry and continuously maintain until completion of the Contract, insurance as specified below and in such form as shall protect the work covered by this Contract, and the City and its employees, agents and officials, from all claims and liability for damages for bodily injury, including accidental death, and for property damage, which may arise from operation under this Contract. The City shall be named as an additional insured on any policy. The Contractor covenants and agrees to hold the City and its employees, agents and officials harmless from and against any and all loss or damage due to claims for personal injury and/or property damage arising from, or in connection with operations under this Contract.

Except as otherwise stated, the amounts of such insurance shall be not less than: (A) For liability for bodily injury, including accidental death: $1,000,000 for any one person and $1,000,000 on account of one occurrence and $5,000,000 aggregate limit (B) For liability for property damage: $2,000,000 on account of anyone occurrence and $5,000,000 aggregate limit 1. WORKMEN'S COMPENSATION INSURANCE: -as required by the General Laws of the Commonwealth of Massachusetts. 2. BODILY INJURY PREMISE-OPERATION, CONTRACTOR'S PROTECTIVE AND COMPLETED OPERATIONS PUBLIC

LIABILITY INSURANCE: -in the amounts required in (A) above. 3. PROPERTY DAMAGE PREMISES-OPERATIONS, CONTRACTOR'S PROTECTIVE AND COMPLETED OPERATIONS

PUBLIC LIABILITY INSURANCE: -in the amounts required in (B) above. 4. BODILY INJURY LIABILITY INSURANCE COVERING THE OPERATION OF ALL MOTOR VEHICLES OWNED BY THE

CONTRACTOR AND VEHICLES NOT OWNED BY THE CONTRACTOR, WHILE SUCH VEHICLES ARE BEING OPERATED IN

CONNECTION WITH THE PROSECUTION OF THE WORK UNDER THIS CONTRACT: -in the amounts required in (A) above. 5. PROPERTY DAMAGE LIABILITY INSURANCE COVERING THE OPERATION OF ALL MOTOR VEHICLES OWNED BY THE

CONTRACTOR AND VEHICLES NOT OWNED BY THE CONTRACTOR WHILE SUCH VEHICLES ARE BEING OPERATED IN

CONNECTION WITH PROSECUTION OF THE WORK UNDER THIS CONTRACT: -in the amounts required in (B) above. 6. CONTRACTUAL LIABILITY INSURANCE COVERING THE LIABILITY ASSUMED BY THE CONTRACTOR: -in the amounts required under (A) and (B) above. 7. OWNER'S PROTECTIVE INSURANCE SECURED BY THE CONTRACTOR IN BEHALF OF THE CITY WHICH WILL DIRECTLY

PROTECT THE CITY AND/OR ITS EMPLOYEES, AGENTS AND OFFICERS FROM LIABILITY FOR BODILY INJURIES, INCLUDING

ACCIDENT DEATH: -in the amounts required in (A) above and 8. FOR PROPERTY DAMAGE: -in the amounts required in (B) above. All policies shall be so written that the City will be notified of cancellation or restrictive amendment at least sixty (60) days prior to the effective date of such cancellation or amendment. A certificate from the Contractor's insurance carrier showing at least the coverage and limits of liability specified above and expiration date shall be filed with the City before operations are begun. Such certificates shall not merely name the types of policy provided, but shall specifically refer to this Contract and shall state that such insurance is as required by this Contract. The Contractor shall make no claims against the City or its officers for any injury to any of his officers or employees or for damage to his trucks or equipment arising out of work contemplated by this Contract, except as caused by the negligent acts and/or omissions of the City. Failure to provide insurance requirements shall be cause to terminate this Contract. All insurance required by this contract shall be obtained from insurance companies that are duly licensed or authorized in the Commonwealth of Massachusetts to issue insurance policies for the limits and coverage's so required. In the event of a conflict between the provisions in this invitation for bid and the provisions of the other components of the contract documents, the provisions which give the City greater coverage and protection shall govern.

Schedule A A. PERSONNEL RATE SCHEDULE

8:00 am to 4:00 pm

Approx. Mon – Fri Notes

Quantity Unit cost / Hr 18‐Jun

19‐Jun

20‐Jun

21‐Jun

22‐Jun

25‐Jun

26‐Jun

27‐Jun

28‐Jun

29‐Jun

PERSONNEL Project Manager Please indicate the number of personel each day Driver Calculate daily subtotals for each section

Supervisor Mover Packer

Subtotal B. EQUIPMENT RATE SCHEDULE

8:00 am to 4:00 pm

Approx. Mon – Fri Notes Quantity Unit cost / Hr EQUIPMENT Hand truck / Appliance dolly Should have rubber non‐skid casters Flat Carts Should have rubber non‐skid casters Panel Cart Should have rubber non‐skid casters Equipment Carts Should have rubber non‐skid casters Library Carts Should have rubber non‐skid casters

Subtotal

C. MATERIALS Approx. Notes Quantity Unit cost / Hr

MATERIALS Moving Boxes / Cartons 700 Must be collapsible; 65 lbs of strength; new with Moving

contractor’s logo. The cartons will be emptied and recycled. Commercial Bins Adhesive Labels 700per

move Available in at least 8 colors.

Bubble Wrap Moving Blankets Plastic Roll wrap (clear) Packing Tape Plastic Tie‐wraps Dollies Other OPTION for using CRATES in lieu of boxes.

Subtotal

1. All trucks should be in good condition, have the ability to lock and secure loads and storage area should be clean. 2. Straight trucks should have power lift gates and air‐ride suspension (as required). 3. Alternate price for crates should not be considered as part of the total amount submitted. Please submit as a separate line item.

Schedule B

D. Price Quotation Summary - Move Contractor to fill in three columns. Please add project totals from Schedule A to Schedule B, once calculated.

Move

Personnel Costs Equipment /

Material Costs Subtotal for Move

1 Labor

2 Materials

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CITY OF BEVERLY

SAMPLE CONTRACT

DATE: ___________________

This Contract is entered into on, or as of, this date by and between the City of Beverly (the “City”), and

______________________________________________ [“Contractor”]

__________________________________

__________________________________

__________________________________ [Address of the Contractor]

__________________________ ______________________ [Telephone Number] [FAX Number]

1. This is a Contract for the procurement of the following: Beverly Middle School Relocation Services # 18-003.

2. The Contract price to be paid to the Contractor by the City of Beverly is:

3. Payment will be made as follows:

4. Definitions:

4.1 Acceptance: All Contracts require proper acceptance of the described goods orservices by the City of Beverly. Proper acceptance shall be understood to include inspection of goods and certification of acceptable performance for services by authorized representatives of the City to insure that the goods or services are complete and are as specified in the Contract.

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4.2 Contract Documents: All documents relative to the Contract including (where used) Instructions to Bidders, Proposal Form, General Conditions, Supplementary General Conditions, General Specifications, Other Specifications included in Project Manual, Drawings, and all Addenda issued during the bidding period. The Contract documents are complementary, and what is called for by any one shall be as binding as if called for by all. The intention of the document is to include all labor and materials, equipment and transportation necessary for the proper performance of the Contract.

4.3 The Contractor: The “other party” to any Contract with the City. This term shall (as the sense and particular Contract so require) include Vendor, Contractor, Engineer, or other label used to identify the other party in the particular Contract. Use of the term “Contractor” shall be understood to refer to any other such label used.

4.4 Date of Substantial Performance: The date when the work is sufficiently complete, the services are performed, or the goods delivered, in accordance with Contract documents, as modified by approved Amendments and Change Orders.

4.5 Goods: Goods, Supplies or Materials.

4.6 SubContractor: Those having a direct Contract with the Contractor. The term includes one who furnished material worked to a special design according to the Drawings or Specifications of this work, but does not include one who merely furnishes material not so worked.

4.7 Work: The services or materials contracted for, or both.

5. Term of Contract and Time for Performance:

This Contract shall be fully performed by the Contractor in accordance with the provisions of the Contract Documents on or before _____________________, unless extended pursuant to a provision for extension contained in the Contract documents at the sole discretion of the City, and not subject to assent by the Contractor, and subject to the availability and appropriation of funds as certified by the City Finance Director. The time limits stated in the Contract documents are of the essence of the Contract.

6. Subject to Appropriation:

Notwithstanding anything in the Contract documents to the contrary, any and all payments which the City is required to make under this Contract shall be subject to appropriation or other availability of funds as certified by the City Finance Director. In the absence of appropriation, this Contract shall be immediately terminated without liability for damages, penalties or other charges.

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7. Permits and Approvals:

Permits, Licenses, Approvals and all other legal or administrative prerequisites to its performance of the Contract shall be secured and paid for by the Contractor.

8. Termination and Default:

8.1 Without Cause. The City may terminate this Contract 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 fax, 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.

8.2 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 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 fax, express mail, certified mail return receipt requested, regular mail postage prepaid or delivered by any other appropriate method evidencing actual receipt by the Contractor.

8.3 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 failureto perform any of its obligations under this Contract including, but not limited tothe following: (i) failure to commence performance of this Contract at the timespecified in this Contract due to a reason or circumstance within the Contractor’sreasonable control, (ii) failure to perform this Contract with sufficient personneland equipment or with sufficient material to ensure the completion of thisContract within the specified time due to a reason or circumstance within theContractor’s reasonable control, (iii) failure to perform this Contract in a mannerreasonably satisfactory to the City, (iv) failure to promptly re-perform within areasonable time the services that were rejected by the City as unsatisfactory, orerroneous, (v) discontinuance of the services for reasons not beyond theContractor’s reasonable control, (vi) failure to comply with a material term ofthis Contract, including, but not limited to, the provision of insurance and non-discrimination, (vii) any other acts specifically and expressly stated in thisContract as constituting a basis for termination of this Contact, and (viii) failureto comply with any and all requirements of state law and/or regulations, and Citybylaw and/or regulations.

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9. The Contractor’s Breach and the City’s Remedies:

Failure of the Contractor to comply with any of the terms or conditions of this Contractshall be deemed a material breach of this Contract, and the City of Beverly shall have allthe 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 lawor in equity or other proceedings with respect to a breach of this Contract, includingdamages and specific performance, and the right to select among the remedies available toit by all of the above.

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

10. Statutory Compliance:

10.1 This Contract will be construed and governed by the provisions of applicablefederal, state and local laws and regulations; and wherever any provision of the Contract or Contract documents shall conflict with any provision or requirement of federal, state or local law or regulation, then the provisions of law and regulation shall control. Where applicable to the Contract, the provisions of the General Laws are incorporated by reference into this Contract, including, but not limited to, the following:

General Laws Chapter 30B – Procurement of Goods and Services.

General Laws Chapter 30, Sec. 39, et seq: - Public Works Contracts.

General Laws Chapter 149, Section 44A, et seq: Public Buildings Contracts.

10.2 Wherever applicable law mandates the inclusion of any term and provision into a municipal contract, this Section shall be understood to import such term or provision into this Contract. To whatever extent any provision of this Contract shall be inconsistent with any law or regulation limiting the power or liability of cities and towns, such law or regulation shall control.

10.3 The Contractor shall give all notices and comply with all laws and regulations bearing on the performance of the Contract. If the Contractor performs the Contract in violation of any applicable law or regulation, the Contractor shall bear all costs arising therefrom.

10.4 The Contractor shall keep itself fully informed of all existing and future State and National Laws and Municipal By-laws and Regulations and of all orders and decrees of any bodies or tribunals having jurisdiction in any manner affecting those engaged or employed in the work, of the materials used in the work or in any

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way affecting the conduct of the work. If any discrepancy or inconsistency is discovered in the Drawings, Specifications or Contract for this work in violation of any such law, by-law, regulation, order or decree, it shall forthwith report the same in writing to the City. It shall, at all times, itself observe and comply with all such existing and future laws, by-laws, regulations, orders and decrees; and shall protect and indemnify the City of Beverly, and its duly appointed agents against any claim or liability arising from or based on any violation whether by him or its agents, employees or subcontractors of any such law, by-law, regulation or decree.

11. Conflict of Interest:

Both the City and the Contractor acknowledge the provisions of the State Conflict ofInterest Law (General Laws Chapter 268A), and this Contract expressly prohibits anyactivity which shall constitute a violation of that law. The Contractor shall be deemed tohave investigated the application of M.G.L. c. 268A to the performance of this Contract;and by executing the Contract documents the Contractor certifies to the City that neitherit nor its agents, employees, or subcontractors are thereby in violation of General LawsChapter 268A.

12. Certification of Tax Compliance

This Contract must include a certification of tax compliance by the Contractor, asrequired by General Laws Chapter 62C, Section 49A (Requirement of Tax Complianceby All Contractors Providing Goods, Services, or Real Estate Space to theCommonwealth or Subdivision).

13. Discrimination

The Contractor will carry out the obligations of this Contract in full compliance with allof the requirements imposed by or pursuant to General Laws Chapter 151B (Law AgainstDiscrimination) and any executive orders, rules, regulations, and requirements of theCommonwealth of Massachusetts as they may from time to time be amended.

14. Assignment:

Assignment of this Contract is prohibited, unless and only to the extent that assignment isprovided for expressly in the Contract documents.

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15. Condition of Enforceability Against the City:

This Contract is only binding upon, and enforceable against, the City if: (1) the Contractis signed by the Mayor or its designee; and (2) endorsed with approval by the CityFinance Director as to appropriation or availability of funds; and (3) endorsed withapproval by the City Solicitor as to form.

16. Corporate Contractor:

If the Contractor is a corporation, it shall endorse upon this Contract (or attach hereto) itsClerk’s Certificate certifying the corporate capacity and authority of the party signing thisContract for the corporation. Such certificate shall be accompanied by a letter or otherinstrument stating that such authority continues in full force and effect as of the date theContract is executed by the Contractor. This Contract shall not be enforceable against theCity of Beverly unless and until the Contractor complies with this section.

The Contractor, if a foreign corporation, shall comply with the provisions of the GeneralLaws, Chapter 181, Sections 3 and 5, and any Acts and Amendments thereof, and inaddition thereto, relating to the appointment of the Commissioner of Corporations as itsattorney, shall file with the Commissioner of Corporations a Power of Attorney and dulyauthenticated copies of its Charter or Certificate of Incorporation; and said Contractorshall comply with all the laws of the Commonwealth.

17. Liability of Public Officials:

To the full extent permitted by law, no official, employee, agent or representative of theCity of Beverly shall be individually or personally liable on any obligation of the Cityunder this Contract.

18. Indemnification:

The Contractor shall indemnify, defend and save harmless the City, the City’s officers,agents and employees, from and against any and all damages, liabilities, actions, suits,proceedings, claims, demands, losses, costs, expenses, recoveries and judgments of everynature and description (including reasonable attorneys’ fees) that may arise in whole or inpart out of or in connection with the work being performed or to be performed, or out ofany act or omission by the Contractor, its employees, agents, subcontractors, materialmen, and anyone directly or indirectly employed by any of them or anyone for whose actsany of them may be liable, regardless of whether or not it is caused in part by any partyindemnified hereunder. The Contractor further agrees to reimburse the City for damage toits property caused by the Contractor, its employees, agents, subcontractors or materialmen, and anyone directly or indirectly employed by any of them or anyone for whose actsany of them may be liable, including damages caused by his, its or their use of faulty,defective, or unsuitable material or equipment, unless the damage is caused by the City’s

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gross negligence or willful misconduct. The existence of insurance shall in no way limit the scope of the Contractor’s indemnification under this contract.

19. Workers Compensation Insurance:

The Contractor shall provide by insurance for the payment of compensation and thefurnishing of other benefits under Chapter 152 of the General Laws of Massachusetts(The Worker’s Compensation Act) to all employees of the Contractor who are subject tothe provisions of Chapter 152 of the General Laws of Massachusetts.

Failure to provide and continue in force such insurance during the period of this Contractshall be deemed a material breach of this Contract, shall operate as an immediatetermination thereof, and Contractor shall indemnify the City for all losses, claims, andactions resulting from the failure to provide the insurance required by this Article.

The Contractor shall furnish to the City evidence of such insurance prior to the executionof this Contract before the same shall be binding on the parties thereto, except ifspecifically waived by the City.

20. Documents, Materials, Etc.

Any materials, reports, information, data, etc. given to or prepared or assembled by theContractor under this Contract are to be kept confidential and shall not be made availableto any individual or organization by the Contractor (except agents, servants, or employeesof the Contractor) without the prior written approval of the City, except as otherwiserequired by law. The Contractor shall comply with the provisions Chapter 66A of theGeneral Laws of Massachusetts as it relates to public documents, and all other state andfederal laws and regulations relating to confidentiality, security, privacy and use ofconfidential data.

Any materials produced in whole or in part under this Contract shall not be subject tocopyright, except by the City, in the United States or any other country. The City shallhave unrestricted authority to, without payment of any royalty, commission, or additionalfee of any type or nature, publicly disclose, reproduce, distribute and otherwise use, andauthorize others to use, in whole or in part, any reports, data or other materials preparedunder this Contract.

All data, reports, programs, software, equipment, furnishings, and any otherdocumentation or product paid for by the City shall vest in the City at the termination ofthis Contract. The Contractor shall at all times, during or after termination of thisContract, obtain the prior written approval of the City before making any statementbearing on the work performed or data collected under this Contract to the press or issuesany material for publication through any medium.

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21. Audit, Inspection and Recordkeeping

At any time during normal business hours, and as often as the City may deem itreasonably necessary, there shall be available in the office of the Contractor for thepurpose of audit, examination, and/or to make excerpts or transcript all records, contracts,invoices, materials, payrolls, records of personnel, conditions of employment and otherdata relating to all matters covered by this Agreement.

22. Payment

The City agrees to make all reasonable efforts to pay to the Contractor the sum set forthin the Contractor’s bid or proposal within thirty (30) days of receipt of an invoicedetailing the work completed and acceptance from the City of the work completed.

23. Waiver and Amendment

Amendments, or waivers of any additional term, condition, covenant, duty or obligationcontained in this Contract may be made only by written amendment executed by allsignatories to the original Agreement, prior to the effective date of the amendment.

To the extent allowed by law, any conditions, duties, and obligations contained in thisContract may be waived only by written Agreement by both parties.

Forbearance or indulgence in any form or manner by a party shall not be construed as awaiver, nor in any manner limit the legal or equitable remedies available to that party.No waiver by either party of any default or breach shall constitute a waiver of anysubsequent default or breach of a similar or different matter.

24. Forum and Choice of Law

This Contract and any performance herein shall be governed by and be construed inaccordance with the laws of the Commonwealth. Any and all proceedings or actionsrelating to subject matter herein shall be brought and maintained in the courts of theCommonwealth or the federal district court sitting in the Commonwealth, which shallhave exclusive jurisdiction thereof. This paragraph shall not be construed to limit anyother legal rights of the parties.

25. Notices

Any notice permitted or required under the provisions of this Contract to be given orserved by either of the parties hereto upon the other party hereto shall be in writing andsigned in the name or on the behalf of the party giving or serving the same. Notice shall

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be deemed to have been received at the time of actual service or three (3) business days after the date of a certified or registered mailing properly addressed. Notice to the Contractor shall be deemed sufficient if sent to the address set forth in the Contract and to the City of Beverly by being sent to the City Solicitor, Beverly City Hall, 191 Cabot Street, Beverly, Massachusetts 01915.

26. Binding on Successors:

This Contract shall be binding upon the Contractor, its assigns, transferees, and/orsuccessors in interest (and where not corporate, the heirs and estate of the Contractor).

27. Complete Contract:

This instrument, together with its endorsed supplements, and the other components of thecontract documents, constitutes the entire contract between the parties, with noagreements other than those incorporated herein.

28. Supplemental Conditions:

The foregoing provisions apply to all contracts to which the City of Beverly shall be aparty. One of the following “Supplements” must be “checked” as applicable to thisContract, shall be attached hereto, and shall in any event apply as the nature of theContract requires. The Supplement contains additional terms governing the Contract:

[ ] GOODS

SUPPLEMENT “G” - Applicable to Contracts for the procurement of Goods (governed by the provisions of General Laws Chapter 30B)

[ ] SERVICES

SUPPLEMENT “S” - Applicable to Contracts for the procurement of Services (governed by the provisions of General Laws Chapter 30B)

[ ] CONSTRUCTION

SUPPLEMENT “C” - Applicable to Contracts for Construction

X

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IN WITNESS WHEREOF the parties have hereto and to two other identical instruments set forth their hands the day and year first above written.

THE CITY THE CONTRACTOR

_____________________________ ____________________________ Mayor Company Name

______________________________ ____________________________ Signature Date Signature Date

____________________________ Print Name & Title

APPROVED AS TO FORM:

____________________________________________ City Solicitor Date

CERTIFICATION AS TO AVAILABILITY OF FUNDS:

____________________________________________ Director of Finance Date

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SUPPLEMENT “S”

1. This form supplements the general provisions of the Contract between the City of Beverly, and_______________________________, which Contract is a contract for the procurement of services.

2. “Services” shall mean furnishing of labor, time, or effort by the Contractor. This term shall notinclude employment agreements, collective bargaining agreements, or grant agreements.

3. Change Orders:

Change orders for contracts subject to Massachusetts General laws Chapter 30B may not increase thequantity of services by more than twenty-five (25%) per cent, in compliance with General Laws Chapter 30B, §13.

4. Minimum Wage/Prevailing Wage;

The Contractor will carry out the obligations of this Contract in full compliance with all of the requirements imposed by or pursuant to General Laws Chapter 151, §1, et seq. (Minimum Wage Law) and any executive orders, rules, regulations, and requirements of the Commonwealth of Massachusetts as they may from time to time be amended. The Contractor will at all times comply with the wage rates as determined by the Commissioner of the Department of Labor and Industries, under the provisions of General Laws Chapter 149, 26 to 27D (Prevailing Wage), as shall be in force and as amended.

5. Insurance:

The intent of the Specifications regarding insurance is to specify minimum coverage and minimum limits of liability acceptable under the Contract. However, it shall be the Contractor’s responsibility to purchase and maintain insurance of such character and in such amounts as will adequately protect it and the City from and against all claims, damages, losses and expenses resulting from exposure to any casualty liability in the performance of the work.

The Contractor shall obtain and maintain the following insurance:

5.1 (Corporate Name) shall purchase and maintain such insurance as will protect him from claims under worker’s compensation acts and from claims for damages because of bodily injury, including death, and property damage which might arise from and during operations under this contract, whether such operations be by himself or by a Subcontractor or anyone directly or indirectly employed by either of them.

5.2 (Corporate Name) shall not commence work under this Lease until he has obtained all insurance required herein nor until such insurance has been approved by the Owner. (Corporate Name) shall not allow any Subcontractor to commence work until the insurance required of the Subcontractor has been obtained and approved.

5.3 Subcontracts: (Corporate Name) shall either (1) require each Subcontractor to procure and to maintain during the life of his Subcontract, Subcontractor has General Liability and Property Damage Insurance of same type and in such manner as specified herein, or (2) Insure activities of his Subcontractors on his own policy.

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5.4 All insurance required by this Document shall be provided by a Best “A+ VIII” rated company, or companies, authorized to do business in the Commonwealth of Massachusetts and satisfactory to the owner and shall be written for not less than any limits of liability specified herein, or required by law, whichever is greater.

5.5 Certificates: Certificates of Insurance acceptable to the Owner shall be submitted in triplicate to the Owner simultaneously with the execution of the Lease Agreement. Certificates shall indicate that broad form Contractual Liability coverage is in force, as well as deletions of the XCU exclusions. Certificates shall contain a provision that the insurance company will notify the Owner by registered mail at least (60) calendar days in advance of any cancellation, non-renewal, change or expiration of the policies. Certificates shall include description of coverage, effective dates and expiration dates of policies and shall clearly indicate all exclusions (other than standard policy form exclusions contained in the basic policy) which will be added to the policies provided.

5.6 Deductibles: In the event of paid claims, (Corporate Name) shall bear costs of any amounts deductible.

5.7 The Owner shall be named as additional insured under all policies.

5.8 Before any blasting is done, Contractor shall present evidence that blasting damage is included in his insurance coverage.

Coverage and Limits

5.9 Workers’ Compensation Insurance:

The Contractor shall maintain and cause all subcontractors and lower tier contractors to maintain Workers Compensation and Employers Liability Insurance in accordance with the law and regulations of the Commonwealth of Massachusetts. The limits of liability provided shall be as follows:

Coverage A: Statutory Coverage B: $500,000/$500,000/$500,000

5.10 (Corporate Name) Liability Insurance

(Corporate Name) shall purchase and maintain Commercial General Liability Insurance and cause all subcontractors and lower tier contractors to maintain the same throughout the term of the Lease. Commercial General Liability Insurance must be included with all applicable broad form endorsements. Such insurance shall be on the 1986 standard insurance Service Office occurrence coverage form (or any later amendments or revisions thereto).

Limits of liability to be provided shall be as follows: Bodily Injury and Property Damages $1,000,000 Personal Injury and Advertising Injury $1,000,000 General Aggregate $2,000,000 Products/Completed Operations Aggregate $2,000,000 Medical Payments $ 10,000

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Coverage shall specifically include blanket contractual liability covering Contractor’s indemnity obligations as contained in this Document. The City of Beverly must be added as an additional Insured as their interest may appear.

5.11 Business Automobile Liability:

The Contractor shall maintain and cause all subcontractors and lower tier contractors to maintain business automobile liability insurance covering all owned non-owned, leased, rented and hired automobiles (symbol 1). The limits of liability shall be as follows:

Bodily Injury and Property Damage: $1,000,000 per occurrence Automobile physical damage coverage shall be at the option of (Corporate Name), all subcontractors and lower tier contractors. The Owner shall not be liable for physical loss or damage to any owned, non-owned, leased, rented or hired automobile.

The City of Beverly must be added as an additional insured as their interest may appear.

5.12. Umbrella or Excess Liability

Umbrella or Excess Liability shall be provided in excess of the primary limits of liability required above. Coverage shall be at least as broad as provided in the primary coverage required. The limits of liability to be provided shall be as follows:

$2,000,000 per occurrence Bodily Injury and Property Damage $2,000,000 per occurrence Personal Injury and Advertising Injury $2,000,000 General Aggregate $2,000,000 Products and Completed Operations Aggregate

Indemnification

The Contractor shall take responsibility for the work and take all precautions for preventing injuries to persons and property in or about the work and shall bear all losses resulting to it on account of amount or character of the work. The Contractor shall pay or cause payment to be made for all labor performed or furnished and for all materials used or employed in carrying out the Contract. The Contractor shall assume the defense of, and indemnify and save harmless, the Designer, the Owner, and their officers and agents from all claims relating to labor performed or furnished and materials used or employed for the work: to inventions, patents and patent rights used in and in doing the work unless injuries to any person or corporation received or sustained by or from the Contractor and its employees, and subcontractors and employees, in doing the work, or in consequence of any improper materials, implements or labor used or employed therein; and to any act, omission or neglect of the Contractor and its employees therein.

Performance and Payment Bonds

If required, the Contractor shall provide the Owner with a performance bond and a labor and materials or payment bond executed by a surety company licensed by the Commonwealth of Massachusetts.

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This Agreement is intended to take effect as a sealed instrument. Witness our hands and seals hereto:

Dated:

IN WITNESS WHEREOF the parties have hereto and to two other identical instruments set forth their hands the day and year first above written.

THE CITY THE CONTRACTOR

Mayor Date Company Name

Signature Date

Print Name & Title

APPROVED AS TO FORM ONLY AND NOT AS TO SUBSTANCE:

City Solicitor Date

CERTIFICATION AS TO AVAILABILITY OF FUNDS

Finance Director Date

Proposer / Bidder Registration Form - Beverly, … certify tha t who signed the said Proposal on...

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