Request for Proposals

Contract for Inspections, Evaluations, Maintenance and Repair Residential, Prefabricated, Low Pressure Sewage Pump Systems Servicing One and Two Family
Dwellings Located within the Town of Chelmsford

July ______, 2014

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 residential
prefabricated 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 dwellings
over the past 20 years. Part A Initial Inspections and Evaluations must be completed
within three (3) months of Towns acceptance of the successful proposal. The Part BMaintenance and Repair Service Agreement and Warranty shall be in effect for three
years from date of Towns acceptance of the successful proposal. The Request for
Proposals is available by calling the Town Managers Office at 978-250-5201. Written
proposals consistent with the terms of the Request for Proposals must be delivered to the
Town Managers office at Town Hall, 50 Billerica Road, Chelmsford, MA 01824 by 2:00
p.m. on ______________, 2014 and clearly marked Inspections, Evaluations,
Maintenance and Repair for Residential, Pre-fabricated, Low Pressure Sewage Pump
Systems. The Town reserves the right to waive informalities in proposals, and to reject
any and all proposals.
Paul E. Cohen
Town Manager
Information for Proposers
1.00 Project Identification
1.01 Project Background
1.01.1 Agreement Terms and Scope of
Services
1.02 Towns Objectives
1.03 Receipt of Proposals
1.04 Modification and Withdrawal of
Proposals
1.05 Examination of Request For
Proposals and Facilities
1.06 Addenda and Interpretations
1.07 Price Proposals, Bonds, and Award
of Contract
1.00
A.

Project Identification
Awarding Authority:
Mailing Address:

1.08
1.09
1.10
1.11
1.12
1.13
1.14

Execution of the Agreement

Laws and Regulations
Sales Tax
Minimum Submission
Requirements
Price Proposal
Selection and Schedule
Evaluation Criteria

Town of Chelmsford Board of Selectmen

Town Offices, 50 Billerica Road, Chelmsford, MA
01824
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1.01

B.

Proposal Receipt Address:

Town Managers Office

Town Offices
50 Billerica Road
Chelmsford, MA 01824

C.

Project Name:

Contract for the evaluation, maintenance and repair of

residential prefabricated low-pressure sewage pump
systems

D.

Municipal Contact:

Paul E. Cohen
Town Manager

Project Background
The Town of Chelmsford is seeking proposals from qualified service providers for the
inspection, evaluation, maintenance and repair of approximately 540 residential
prefabricated 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 Inspections
and Evaluations, described below, must be complete within three (3) months of Towns
acceptance of the successful proposal and the Part B-Maintenance and Repair Service
Agreement, described below, shall be in effect for three (3) years from the date of the
Towns acceptance of the successful proposal. A service agreement for the work described
below in the Scope of Services shall be entered into between the Town of Chelmsford and
the successful proposer Contractor (the Agreement) and managed by the Towns
Department of Public Works Sewer Division. The Agreement shall include prices labor
rates based on hours of coverage, parts costs, other normal fees or costs, include parts and
labor warranties provided proposed using the Price Proposal from attached as Attachment
A. Any existing warranties remaining on new or repaired units shall be the responsibility
of 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 Prefabricated
Low-Pressure Sewage Pump Systems and accessories beyond the Town Standard, defined
below in Paragraph 1.01.1, Scope of Services, or initial installation shall not be covered as
part of the Agreement unless authorized by the Town.
Chelmsford is a town in Middlesex County, Massachusetts in the Greater Lowell area. As
of 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 Greater
Lowell metropolitan area. Besides Lowell on its northeast, Chelmsford is surrounded by
five 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 has
a total area of approximately 23.2 square miles, of which 22.6 square miles is land and 0.5
square 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 work
described in the Scope of Services, below, shall include parts and labor costs for 24/7/365 day
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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 for
a term of three (3) years. An optional two (2) year extension may be granted at Towns sole discretion
subject to appropriation of adequate funds. All work performed as described in the RFP and
Agreement 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 of
service as described in the RFP and Agreement Scope of Services for other municipalities and shall
summit a minimum of three (3) municipal references, work performed and contact information. The
corrective repair and maintenance work shall be performed by a qualified pump technician/mechanic
pursuant to Massachusetts prevailing wage rates and laws. The proposers personnel performing the
work described in the RFP and Agreement Scope of Services shall have at least three (3) years of
directly related experience working with the Units, Systems and SFRG equipment. The proposer will
list all personnel, their qualifications, licenses and related experience expected to perform the work
described in the RFP and Agreement Scope of Services including that information required pursuant
to 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 the
services 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 the
Agreement.
SFR- A single or two family residential home serviced by a single prefabricated pump unit
that is not classified as, or used for commercial purposes or other use beyond two-family
residential occupancy.
SFRG- A single, prefabricated low-pressure sewage grinder pump system as provided by
the original manufacturer or distributor for use in a SFR.
SYSTEM- The prefabricated can and all related and necessary equipment required for its
proper function and operation located within the can and the disconnect switch, control
panel, remote alarm panel, generator switch panel, battery backup, level controls and other
equipment as provided by the original manufacturer or distributor. Additions or
modifications to the original SFRG are not included in this definition.
TOWN- Town of Chelmsford or its authorized agent.

TOWN STANDARD- The required components to a SFRG that are covered under the
Agreement.
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 a
similar type of service for other municipalities and shall summit a minimum of
three (3) municipal references, work performed and contact information.
2. The initial inspections and evaluations shall be performed by a qualified pump
technician/mechanic and electrician under Massachusetts prevailing wage rates
and laws. The personnel performing the work shall have at least three (3) years of
directly related experience working with SFRG equipment. The Contractor will
list all personnel, their qualifications, licenses and related experience who will be
performing 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 per
Appendix A below.
4. The mechanical and electrical inspections and evaluations shall be scheduled and
performed at the same time whenever possible in order to assist each other when
necessary.
5. Provide a Conditions Report for each system with deficiencies, if any, noted and a
cost 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 will
be provided by the Town. The Contractor will notify and schedule inspections and
evaluations with SFR residents directly.
7. System equipment type, location, condition and accessibility shall be noted, and
CONTRACTOR shall schedule directly with the Resident, for access to inspect
those Systems located within the SFR.
8. CONTRACTOR shall provide and change batteries for installed E-One indoor
remote 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 containing
CONTRACTORs 24/7 contact information including all emergency and
administrative contact information within two (2) weeks of the date of the
Agreement.

10. Service contact information stickers shall be applied to outside and inside of
control panels.
11. The initial inspections and evaluations shall be completed within three (3) months
of the date of the Agreement. Every reasonable effort to schedule inspections for
SFRGs, Systems and Units including those located in inaccessible areas or inside
SFRs will be made and logged. CONTRACTOR shall make at least three (3)
attempts to schedule inspections and shall provide weekly submittals of the initial
evaluations and conditions reports to the DPW. A deficiency and repair summary
and schedule of upgrade cost estimates shall be submitted to the DPW and the
TOWN no later than thirty (30) days from completion of inspections and
evaluations.
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 retested. Other aspects of the inspections and evaluations not performed during
startup inspections will be completed by the CONTRACTOR. The
CONTRACTOR will coordinate with FR Mahoney & Associates, Inc. any startup
inspections to coincide with CONTRACTORS inspections for SFRGs, Systems
and 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 test
each grinder system for proper operation required according to manufactures
specifications 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, without
limitation:
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, and
voltage to the system. The CONTRACTORs electrician shall also inspect the
feed circuit breaker in the SFR to ensure the pump is wired correctly to a breaker
with proper capacity, including, without limitation:
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a. Ensuring that all electrical connections are tight according to

manufacturers specifications and installations are complete according to
all 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 (4CR2032 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
inspections and verify that that the audible alarm signal is in a location that
can 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 Evaluations
work, submit to and obtain approval from the DPW Director all of
CONTRACTORs inspection check sheets or report sheets anticipated to be used
for submission to the TOWN to ensure the check sheets and report sheets contain
required information.
5. The CONTRACTOR shall prepare and submit a report and a list of follow up
repairs needed to bring substandard or defective SFRG, System and Unit
installations into compliance with 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 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 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 SFRGs, Systems and Units to appropriate
working status including operation with portable generator, local and
remote alarm functions.
f. Note any corrections performed during visit.
g. Estimate all costs and expenses required to bring each Unit up to
manufacturers standards according to System specifications and in
compliance with the Town Standard requirements for SFRG installations.
(See Appendix B below).
h. Provide, complete, and submit information including that contained in the
standard startup inspection sheet used by FR Mahoney & Associates, Inc.
i. Alarm panels shall be inspected. A list of panels to be replaced to meet
current panel capabilities and specifications with automatic transfer and
emergency generator connection with Remote Sentry connections shall be
provided with a cost estimate to make all panels fully compliant with the
Sentry/Remote Sentry configuration with auto transfer generator
connections.
j. Note any equipment retrofitted with non-OEM equipment, including,
without limitation, dates of installation and warranty information if
available.
APPENDIX B
TOWN STANDARD
1. All SFRGs, Systems and Units shall be installed according to manufactures
specifications and requirements, Chelmsford Sewer Use Regulations, installation
requirements, applicable building and electrical codes and all other applicable
laws, regulations, orders, and by-laws.
2. All E-One units shall have an OEM manufactured or prescribed remote alarm
monitor with battery backup capability, in case of power disruption, installed in a
regularly 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 award, the CONTRACTOR shall perform the Part B- Maintenance and Repair Service
Agreement 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 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-site
service visit at the SFR to be performed within 24 hrs.
3. Standard OEM repair and replacement parts will be carried by the
CONTRACTORs 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 System
repair items. Non-standard System repair items may be purchased and stored by
the Town at its discretion.
4. CONTRACTOR shall use best efforts to repair any Unit during the SFR on-site
visit. If repair cannot be made, a rebuilt or new pump or core will be installed with
an appropriate and industry standard warranty. The replacement parts or Unit will
be 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 the
TOWN and such core or pump shall not be rebuilt until the CONTRACTOR
receives the TOWNs prior written approval. Rebuilt pumps/cores will be
delivered to the TOWN at no charge and be available for future pump/core
replacements.
6. Service personnel will work closely with the TOWN and provide reasonable,
advanced notice indicating when they are scheduled to be in TOWN to perform
any corrective repairs and maintenance. The CONTRACTOR will notify the
TOWN upon completion of a repair or the status of any repair that cannot be
completed during the CONTRACTORs SFR on-site visit.
7. The CONTRACTOR will test and confirm proper operation of the System during
the SFR on-site visit and note any deficiencies.
8. Contractor will maintain detailed records describing all service visits and the work
performed 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 a
monthly basis.
9. CONTRACTOR will document and include digital images any instances of
misuse or abuse of an SFRG, Unit or System by a Resident and immediately
report such instances of abuse to the TOWN for TOWN inspection and
verification prior to repair being made.

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 Town
Chelmsford, Chapter 132, Sewage Disposal. In connection therewith, the Town's
objectives are as follows:
A. Comply with the requirements of Section 132-2, Grinder Pumps of the Code of
the Town Chelmsford, Chapter 132, Sewage Disposal.
B. Evaluate, maintain, and repair Grinder Pumps in accordance with regulations
established by the Town of Chelmsford Department of Public Works to facilitate
efficient and effective SFR connection and discharge of sewage into the Towns
Sanitary 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 fullservice contract for the described services. All proposals will be reviewed for
completeness and responsiveness. All proposals not meeting the Minimum Submission
Requirements (Section 1.11) as described herein will be rejected.
Each proposal must be submitted to the Town in separate sealed envelopes. The envelope
must be clearly identified as either Technical Proposal or Price Proposal and addressed to
Paul 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 of
the Price Proposal are required.
It is hereby emphasized that all proposers must certify that the proposal was made in good
faith and without collusion or fraud by signing the Certificate of Non-Collusion attached
hereto as Attachment C and including it along with their proposals. Proposals that fail to
include such affidavits may be rejected.
Affidavit of Payment of Massachusetts Taxes, attached hereto as Attachment D, must be
submitted 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 all
proposals. Any proposal may be withdrawn prior to the above scheduled time for the
10

receipt of proposals or authorized postponement thereof. Any proposal received after the
time and date specified shall not be considered. No proposer may withdraw a proposal
within thirty (30) days (Saturdays, Sundays and legal holidays, excluded) after the actual
date of the receipt of proposals. Should there be reasons why the contract cannot be
awarded 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 the
related exhibits, schedules and attachments as well as reading and being thoroughly
familiar with the RFP and all of its component parts. The failure or omission of any
proposer to do any of the foregoing shall in no way relieve any proposer from any
obligation in respect to his proposal.
Failure of any firm to familiarize itself with the information contained herein and be
thoroughly 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 the
Agreement Scope of Services and may be amended at any time prior to execution of the
Agreement with the successful proposer in the Towns sole discretion. Any information
obtained from an officer, agent, or employee of the Town or any other person shall not
affect the risks or obligations assumed by the proposers or relieve them from fulfilling any
of the conditions of the proposal.
The Town assumes no responsibility for the completeness or the accuracy of specified
technical and background information presented in this RFP, or otherwise distributed or
made available during this procurement process. Without limiting the generality of the
foregoing, the Town will not be bound by or be responsible for any explanation or
interpretation of the proposal documents not made in writing. In no event shall a proposer
rely 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 be
submitted 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 proposers
who 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 Managers
Office, responses to all questions so raised which, in their opinion, require interpretation
of the terms of the RFP. No responses will be given to oral questions. All questions should
be submitted by email, and will be answered by email. All questions for which responses
are issued by the Town will be conveyed to all prospective proposers. The email address
for questions shall be pcohen@townofchelmsford.us.
Each proposer shall be responsible for determining that it has received all addenda issued.

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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 Part
B- Maintenance and Repair Service Agreement shall be priced separately within the Price
Proposal on the form attached to this RFP as Attachment A. Each price proposal must be
accompanied by a proposal bond, certified check or a treasurer's or cashier's check issued
by a responsible bank or trust company, payable to the Town of Chelmsford in the amount
of five percent (5%) of the value of the annual fee including the fixed price for the Part AInspections and Evaluations. All proposal Deposits will be held until the award of the
contract whereupon they shall be returned unless forfeited by reason of default. The bond
of the successful proposer will be retained until the required performance bond has been
executed and approved, after which it will be returned.
Each proposer shall sign his/her name in the space provided therefor and be duly
authorized to do so. If a partnership or corporation makes the proposal, the name and
address of the partnership or corporation shall be shown, together with the names of the
partners or the officers. A proposal made by a partnership shall be acknowledged by one
of the partners; a proposal made by a corporation shall be acknowledged by one of the
authorized 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 of
the proposer to perform the work and the proposer shall furnish to the Town all such
information 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 proposer
fails to satisfy the Town that such proposer is properly qualified to carry out the
obligations of the Agreement and to complete the work contemplated therein.
A performance bond in the amount of One Hundred (100%) percent of the Agreement
annual fee, including Mobilization, with a corporate surety licensed and qualified to do
business under the laws of the Commonwealth and satisfactory to the Town, will be
required 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 a
certified and effective dated copy of their power of attorney.
The Town reserves the right to reject any or all proposals, to waive any informalities and
minor irregularities in proposals received, and to award a contract to a responsible
proposer whose proposal is deemed in the Town's opinion to be the most advantageous to
the Town, price and other factors considered.

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1.08

Execution of the Agreement

The party to whom the contract is awarded will be required to execute the Agreement in
the form attached hereto, and obtain the performance bond, and certificate of insurance
within ten (10) calendar days from the date when notice of award is delivered to the
proposer. This form describes the business principles that will provide the basis for the
Agreement the Town may ultimately execute. However, this form does not purport to be
a complete statement of all the terms and conditions that the Town may elect to be
incorporated into the Agreement. The Town may condition award on successful
negotiation of revisions to the Plan of Services contained in an offeror's Proposal as
specified by the Town in its evaluation. If the Parties are unable to successfully negotiate
the Plan of Services and/or the Agreement, the Town may rescind the award, and proceed
to award the contract to the next most advantageous proposal identified during the
evaluation process. It is intended that the Scope of Services section, as presented in the
Agreement form attached, will be included in the final Agreement form. The Town
reserves the right during negotiations to expand, modify, supplement and add to the
Agreement. The Notice of Award shall be accompanied by the necessary Agreement and
bond terms. If any proposer fails to perform his agreement to execute the Agreement and
furnish a performance bond as stated in his proposal, his proposal deposit shall become
and 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 be
returned to him, provided further that the amount of the deposit to be retained shall not
exceed the difference between his proposal price and the proposal price of the next most
advantageous proposal from a responsible and responsive proposer.
It is expected that work under this contract will begin on ___________________, 2014
and 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 having
jurisdiction over the services shall apply to the Agreement throughout. The successful
proposer must be thoroughly familiar with and comply with Section 132-2, Grinder
Pumps of the Code of the Town Chelmsford, Chapter 132, Sewage Disposal and all
other 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, the
Town Manager is the Chief Procurement Officer for the Town.
Applicable provisions of Massachusetts General Laws and regulations and of the United
States Code and the Code of Federal Regulations govern this contract and any provision in
violation of the foregoing shall be deemed null, and void, and of no effect.

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The activity referred to in the Agreement as Inspection and Evaluation, Maintenance

and Corrective Repairs is subject to the Prevailing Wage Law, M.G.L. c. 149 s. 26, et
seq. Attached to this RFP as Attachment E is a schedule of current prevailing wage rates
provided by the Massachusetts Department of Labor and Workforce Development (the
Prevailing 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 are
in effect at the time the work is done on all Corrective Repairs, and to require all
contractors 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 by
law.

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 of
the proposer's qualifications to perform the services outlined in the Scope of Services
set forth in the Agreement and include at a minimum, the following general topics:
Corporate History and Background, Corporate Financial Statement, Corporate
Resources, and Demonstrated Qualifications, Capabilities and Experiences.
B. The proposer must provide a client name, contact, address, and phone number of at
least three (3) other municipalities located within the Commonwealth of
Massachusetts having provided substantially similar services with similar scope and
volume 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, costs
overruns, etc.)
C. The proposal must list specific individuals who will be assigned to this Contract, their
responsibilities and extent of their involvement which list shall include the information
required pursuant to the Subcontractors Statement attached hereto as Attachment B.
Resumes stating their qualifications and related experience, licenses and certificates of
qualification evidencing their ability to meet the performance standards prescribed in
the Agreement for these individuals must be included and their positions should be
located on an organizational chart of the proposer's firm.
D. The proposer is required to include a Staffing Plan which details job titles, certification
levels, 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 the
requirements referenced in the Agreement as Exhibit G.
E. Each proposal shall include a Plan of Services, which shall, at a minimum, be
responsive to and satisfy the requirements of the Scope of Services set forth in the
RFP and the Agreement.

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F. The Plan of Services must comply with all aspects of the Agreement and the pertinent
requirements prescribed by the manufacturers of the prefabricated low-pressure
sewage pump systems and of regulatory authorities such as the Towns Department of
Public Works, and if applicable and without limitation, the Massachusetts Department
of 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 in
which the proposer will provide the services outlined in this RFP. Any discussion of
the project approach must, at a minimum, cover the following general topics:
Personnel and support staff qualifications, licenses and related experience, Accounting
Practices, Management Principles, and Proposed Innovative Service Approaches.
H. The Technical Proposal must contain all other information otherwise required under
this 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 the
Scope of Services as described in this RFP and the Agreement, at a minimum, separating
the costs associated with the Part A- Inspections and Evaluations from the Part BMaintenance and Repair Service Agreement and Warranty. The Price Proposal shall
contain a cost proposal, with components broken down separately under the following
categories:
Part A- Inspections and Evaluations- including, but not limited to, supplies and
consumables, for batteries and other simple maintenance items, etc. All labor associated
with this item shall be provided by the Contractor.
Part B- Maintenance and Repairs Service Agreement and Warranty - including but
not limited to, supplies and consumables, for equipment maintenance, maintenance
supplies, replacement of equipment, replacement parts, spare parts, etc., exclusive of the
Contractor's on-site labor. All labor associated with this item shall be provided by the
Contractor.
Personnel Services including, but not limited to hourly wages, overtime pay
differential, 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 Town
Manager as Highly Advantageous, Advantageous, Not Advantageous or Unacceptable.
The Directors evaluation will be in writing.

15

The name of each proposer and the number of proposal modifications submitted by each
proposer shall be made public on _______________________, 2014 at 2:00 p.m. A
register of proposals received will be available for public inspection.
The Price Proposal will not be opened publicly. The Price Proposal contents will be kept
confidential and will not be disclosed to competing proposers until the Town completes its
qualitative evaluation.
Any proposer who does not meet the Minimum Submission Requirements set forth herein
shall 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, the
composite rating shall also be unacceptable, and the proposal shall be automatically
rejected and not evaluated further.
The Price Proposal will remain sealed until the Town Manager has completed his
evaluation of the Technical Proposals.
The Town Manager will determine which proposal is the most advantageous, taking into
consideration the Technical and Price Proposals.
The Town Manager will make an award subject to confirmation by the Board of
Selectmen.
It is expected that notification of the award will be issued within thirty (30) days of the
receipt of the proposals. The Town reserves the right to cancel the RFP, or to reject any
and all proposals.
1.14

Evaluation Criteria
All proposals submitted in accordance with the requirements of this RFP will be reviewed
for completeness and responsiveness. All proposals that satisfy the Minimum Submission
Requirements will be evaluated by the Town Manager and will be rated for each of the
comparative criteria as follows:
Highly Advantageous (HA)
Advantageous (A)
Not Advantageous (NA)
Unacceptable (U) - Receipt of this rating for any item automatically makes proposal
unacceptable 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-

16

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 years
nation 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.
HA = Three (3) or more years in Massachusetts
A = Three (3) or more years in New England
NA = At least two (2) years but less than three (3) years in New England and
three (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.
HA = Three (3) or more years in Massachusetts
A = Three (3) or more years in New England
NA = At least two (2) years but less than three (3) years in New England and
three (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.

17

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 lowpressure 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 in
proposal.
U = Letters of intent from the bonding and insurance companies not included
in 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 of
the Scope of Service set forth in the RFP and the Agreement.
A = The plan of services stated in the proposal meets the requirements of the
Scope of Services set forth in the RFP and the Agreement.
U = The plan of services stated in the proposal does not meet the requirements
of 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 stated
under Minimum Submission Requirements and is superior in its content.

18

A = The project approach stated in the proposal addresses the items stated
under Minimum Submission Requirements.
U = The project approach stated in the proposal does not address the items
stated under Minimum Submission Requirements.
Agreement
AGREEMENT
THIS Agreement, is made as of ___________________(the Effective Date), by and
between the Town of Chelmsford acting through its Board of Selectmen, with its principal
place 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 EXHIBIT
A.
2. It is understood that the relationship of CONTRACTOR to TOWN is that of independent
contractor.
3. All facilities, equipment, supplies and vehicles now owned by TOWN shall remain the
property 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, without
limitation, those of the Towns Department of Public Works, U.S. Environmental Protection
Agency, 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 the
parties hereto. Neither party may assign this Agreement without the prior written consent of
the other party.
6. All notices shall be in writing and transmitted by certified mail to the address noted in Exhibit
B.
7. This Agreement, including Exhibits A through G, and Attachments A through E,
states the entire agreement between TOWN and CONTRACTOR, supersedes all previous or
contemporaneous representations and agreements (whether written or oral), and may be
modified only in writing and signed by the parties.
II.

19

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 pump
technician/mechanic and electrician under Massachusetts prevailing wage rates
and laws.
2. The Contractor will perform initial inspection and testing requirements in
accordance with Appendix A below.
3. The mechanical and electrical inspections and evaluations shall be scheduled and
performed at the same time whenever possible in order to assist each other when
necessary.
4. CONTRACTOR shall provide a Conditions Report for each SRFG, System and
Unit with deficiencies, if any, noted and a cost estimate to correct such
deficiencies in order to bring SRFGs, Systems and Units to a common Town
Standard as described in Appendix B below.
5. The Contractor will notify and schedule inspections and evaluations with SFR
residents directly.
6. System equipment type, location, condition and accessibility shall be noted, and
CONTRACTOR shall schedule directly with the Resident, for access to inspect
those Systems located within the SFR.
7. CONTRACTOR shall provide and change batteries for installed E-One indoor
remote alarm panels during the inspection and CONTRACTOR shall perform
other simple SRFG, System and Unit corrections which shall be noted during
inspections.
8. CONTRACTOR shall prepare, print and supply to each Resident, at
CONTRACTORs cost and expense, service contact information stickers
containing CONTRACTORs 24/7 contact information including all emergency
and administrative contact information within two (2) weeks of the date of the
Agreement. The sticker form shall, prior to printing, be provided to the Town for
its approval.
9. Service contact information stickers shall be applied by the CONTRACTOR to
outside and inside of control panels.
10. The initial inspections and evaluations shall be completed within three (3) months
of the date of this Agreement. CONTRACTOR shall use best efforts to schedule
inspections for SRFGs, Systems and Units including those located in inaccessible
areas 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 schedule
inspections and shall provide weekly submittals of the initial evaluations and
conditions reports to the TOWN. A deficiency and repair summary and schedule

20

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 retested. Other aspects of the inspections and evaluations not performed during
startup inspections will be completed by the Contractor. The Contractor will
coordinate with FR Mahoney & Associates, Inc. any startup inspections to
coincide with CONTRACTORS inspections for SRFGs, Systems and Units in
which 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 manufactures
specifications 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, without
limitation:
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, and
voltage to the system. The CONTRACTORs electrician shall also inspect the
feed circuit breaker in the SFR to ensure the pump is wired correctly to a breaker
with proper capacity, including, without limitation:
a. Ensuring that all electrical connections are tight according to manufacturers
specifications and installations are complete according to all 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 (4CR2032 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 inspections
and verify that that the audible alarm signal is in a location that can be heard in
the SFR living quarters.

21

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 Evaluations
work, submit to and obtain approval from the DPW Director all of
CONTRACTORs inspection check sheets or report sheets anticipated to be used
for submission to the TOWN to ensure the check sheets and report sheets contain
required information.
5. The Contractor shall prepare and submit a report and a list of suggested
Preventative Maintenance and follow up Corrective Repairs needed to bring
substandard or defective SRFG, System and Unit installations into compliance
with 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 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 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 appropriate
working status including operation with portable generator, local and remote
alarm functions.
f. Note any corrections performed during visit.
g. Estimate all costs and expenses required for suggested Preventative
Maintenance and Corrective Repairs to bring each Unit up to manufacturers
standards according to System specifications and in compliance with the
Town Standard requirements for SRFG, System and Unit installations. (See
Appendix B below).
h. Provide, complete, and submit information including that contained in the
standard 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 meet
current panel capabilities and specifications with automatic transfer and
22

emergency generator connection with Remote Sentry connections shall be

provided with a cost estimate to make all panels fully compliant with the
Sentry/Remote Sentry configuration with auto transfer generator connections.
j. Note any equipment retrofitted with non-OEM equipment, including, without
limitation, dates of installation and warranty information if available.
APPENDIX B
TOWN STANDARD
1. All SRFGs, Systems and Units shall be installed according to manufactures
specifications and requirements, Chelmsford Sewer Use Regulations, installation
requirements, applicable building and electrical codes and all other applicable
laws, regulations, orders, and by-laws.
2. All E-One units shall have an OEM manufactured or prescribed remote alarm
monitor with battery backup capability, in case of power disruption, installed in a
regularly 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 work
described above, the CONTRACTOR shall proceed to perform the Part B- Maintenance and
Repair 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-site
service visit at the SFR to be performed within 24 hrs.
3. Standard OEM repair and replacement parts will be carried by the
CONTRACTORs 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 System
repair items. Non-standard System repair items may be purchased and stored by
the Town at its discretion.
4. CONTRACTOR shall use best efforts to repair any Unit during the SFR on-site
visit. If repair cannot be made, a rebuilt or new pump or core will be installed with
an appropriate and industry standard warranty. The replacement parts or Unit will
be 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 the
TOWN and such core or pump shall not be rebuilt until the CONTRACTOR
receives the TOWNs prior written approval. Rebuilt pumps/cores will be

23

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

replacements.
6. Service personnel will work closely with the TOWN and provide reasonable,
advanced notice indicating when they are scheduled to be in TOWN to perform
any Preventative Maintenance and Corrective Repairs. The CONTRACTOR will
notify the TOWN upon completion of a repair or the status of any repair that
cannot be completed during the CONTRACTORs SFR on-site visit.
7. The CONTRACTOR will test and confirm proper operation of the System during
the SFR on-site visit and note any deficiencies.
8. Contractor will maintain detailed records describing all service visits and the work
performed on any SRFG, System and Unit in an electronic data base and will
provide that information along with an invoice for any work performed to the
TOWN on a monthly basis.
9. CONTRACTOR will document and include digital images any instances of
misuse or abuse of an SRFG, System and/or Unit by a Resident and immediately
report such instances of abuse to the TOWN for TOWN inspection and
verification 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 for
CONTRACTORs use in performance of the work hereunder.
2. Obtain and maintain existing easements, licenses, permits and warranties and make such
amendments to the Sewer Use Regulations as the Town determines are required or desirable.
3. Make Capital Expenditures as necessary, subject to appropriation. CONTRACTOR will
cooperate with the TOWN to determine the necessity and amount for these Capital
Expenditures. In the event that the TOWN and CONTRACTOR are unable to reach
agreement on the necessity and/or amount of a particular capital expenditure, the TOWN may
retain a professional consultant to decide the necessity and/or amount of the capital
expenditure and the TOWN's determination shall govern and be final.
IV.
COMPENSATION
1. CONTRACTORs compensation for the Part A- Evaluations and Inspections under this
Agreement shall consist of a flat fee, as follows: $ ________ prorated and payable monthly
through completion of the CONTRACTORs performance of the Part A- Inspections and
Evaluations services. The TOWNs payment of compensation hereunder is subject to an
appropriation in the amount required by the Chelmsford Town Meeting.

24

2. CONTRACTORs compensation for the Part B- Maintenance and Repair Agreement and
Warranty services under this Agreement shall consist of an hourly rate for labor services and
payment for parts and materials as follows:_______________________________________.
The TOWNs payment of compensation hereunder is subject to an appropriation in the
amount required by the Chelmsford Town Meeting for each contract year.
3. The TOWN will pay CONTRACTOR monthly for the Agreement Term. Payment shall be
due and payable on the twenty-first (21st) day of the month after each month that services are
provided. 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 _________________, 2014
and ending ________________, 2017, with one additional option term of two (2) years
exercisable in TOWNs sole discretion with reasonable advance notice to the
CONTRACTOR subject to approved funding each succeeding year after the first year of the
Agreement Term at the Chelmsford Annual Town Meeting. Upon termination of the
Agreement, the CONTRACTOR shall return to the TOWN all equipment, vehicles and
supplies owned by the TOWN, in as good condition as they existed at the start of the
Agreement, reasonable wear and tear excepted. Unless otherwise directed by the TOWN, in
no event shall the CONTRACTOR cease to provide services until such time as the TOWN
finds a successor contractor.
2. Either party may terminate this Agreement for breach in accordance with provisions for
notification, 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 the
TOWNs 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 rendered
through 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 or
penalties for violations of applicable law, to the extent that they are caused by or arise from the
CONTRACTORS performance under or breach of this Agreement or the negligent or
wrongful acts or omissions of the CONTRACTOR or its agents, servants, employees or
subcontractors.
2. CONTRACTOR shall reimburse TOWN for those fines and civil penalties properly imposed
by a regulatory agency on TOWN during the term of this Agreement for violations of existing
laws, regulations or requirements of any of the ASSOCIATED PARTIES, caused by
CONTRACTORs negligence or willful misconduct. CONTRACTOR shall be given full
authority to contest such violations and TOWN shall reasonably assist CONTRACTOR in all
such proceedings.
25

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 penal
sum equal to the Agreement Annual Fee and plus the cost of the Part A-Inspections and
Evaluations, with annual renewal required.

VII.
DISPUTES AND FORCE MAJEURE
1. In the event labor disputes disrupt CONTRACTORs performance under this Agreement, the
TOWN, with CONTRACTORs assistance, or CONTRACTOR at its own option may seek
appropriate relief. During such disruption, CONTRACTOR shall use all reasonable efforts to
operate 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 equitably
adjusted, 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 and
labor disputes, accident, epidemic, acts or omissions of government, or delays in its
transportation of supplies, materials, and equipment.

VIII.
CONTRACT DOCUMENTS
This Agreement shall consist of the documents listed below, all of which are incorporated herein
by reference and are an integral part of this Agreement and where there is any inconsistency
between the terms of these documents they shall take precedence in the order of their listing, as
follows:
1.

Any modifications, including but not limited to Scope Change

Adjustments, duly authorized after execution of the Agreement

2.

The Agreement for Services, including Exhibits A through G, and

Attachments A through D

3.

Performance Bond

4.

Certificate of Insurance

5.

Price Proposal

6.

Technical Proposal

7.

Minimum Submission Requirements

8.

Information for Proposers

26

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 competent
jurisdiction, such provisions shall be modified consistent with the original intent of the parties
so as to be enforceable and the remainder of the Agreement shall remain in full force and
effort.
3. The failure of either party to enforce any right hereunder shall not be construed as a waiver of
its right to enforce that or any other right hereunder in the future.
4. The activity referred to in this agreement as Inspections and Evaluations, Preventative
Maintenance, 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

27

Exhibits
Exhibit A - Definitions
1) ANNUAL FEE means a fixed sum for CONTRACTORs services identified in Part BMaintenance and Repair Service Agreement and Warranty. The Annual Fee includes all
direct costs, labor, supplies, materials, costs of Inspections and Evaluations, Preventative
Maintenance and Corrective Repairs, overhead and profit for CONTRACTORs
performance of under the Agreement.
2) CAPITAL EXPENDITURES means any expenditure for:
a. The purchase of new equipment or supplies required for the TOWNs performance
under 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 required
for operational continuity, safety and performance generally due to failure or to avert a
failure 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 CONTRACTORs
service plan.
8) RESIDENT means the owner, occupant or authorized agent of and SFR covered by the
Agreement.
9) SFR means a single or two family residential home serviced by a single prefabricated
pump unit that is not classified as, or used for commercial purposes or other use beyond
two-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 required
for its proper function and operation located within the can and the disconnect switch,
control panel, remote alarm panel, generator switch panel, battery backup, level controls
and other equipment as provided by the original manufacturer or distributor. Additions or
modifications to the original SFRG are not included in this definition.

28

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

29

Exhibit B - Addresses
TOWN:
Town Managers Office
Town Offices
50 Billerica Road
Chelmsford, MA 01824
Attn: Paul E. Cohen
Tel. 978-250-5201
Fax. 978-250-5252
and
Public Works Director
Town Offices
50 Billerica Road
Chelmsford, MA 01824
Tel. 978-250-5228
Fax. 978-250-5252
CONTRACTOR:

30

Exhibit C SFR List

31

Exhibit D FR Mahoney & Associates, Inc. Inspection Sheet

32

Exhibit E - Breach, Cure and Termination

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

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

Failure to make a payment due under the Agreement;

The CONTRACTORs forfeiture or refusal to provide and/or maintain insurance

coverage required by the Agreement; and

The CONTRACTORs forfeiture or refusal to provide and/or maintain the

Performance Bond as required by the Agreement.

33

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 required
by law.
2. Comprehensive general liability insurance for bodily injury and/or property damage
with $2,000,000 combined single limits, per occurrence and in the aggregate.
3. with respect to its owned and hired vehicles, commercial Automobile Liability
Insurance for bodily injury and/or property damage with $1,000,000 combined single
limits 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 the
TOWN with satisfactory proof of such insurance, and each policy will require a 30-day
notice of cancellation to be given to the TOWN while this Agreement is in effect. These
policies shall be in effect at the time the CONTRACTOR takes possession of the
FACILITIES. The TOWN shall be named as additional insured according to its interest
during the term of this Agreement.
Each party shall maintain:
1. Adequate property insurance for its equipment and real and personal property
including, but not limited to, extended coverage.

34

Exhibit G - Contract Operations Staffing Plan

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

35

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)

36

Name of Proposer
Address of Proposer

Telephone Number
Fax Number
E-Mail

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

Signature
Printed Name
Title
Federal
Employer
Identification Number
Date

37

Attachment B - Subcontract Statement

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

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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

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Attachment D REAP Certification

REVENUE ENFORCEMENT AND PROTECTION CERTIFICATION (REAP)

Pursuant to Massachusetts General Law, Chapter 62C, Section 49A, I certify under the penalties of
Perjury that the company named below has filed all Massachusetts state tax returns and paid all
Massachusetts state and town taxes required under Law, and has complied with all laws of the
Commonwealth relating to payment of taxes, reporting of employees and contractors, and withholding
and 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

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Attachment E Prevailing Wage Rates

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